HomeMy WebLinkAboutTC Agd Pkt 2015-08-19 (3)TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 19, 2015
Agenda Item:
Dil 3
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Community Development Department
Amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code
that would Modify Provisions Regarding Interpretation of Zone
Boundaries Vis -a -Vis Public Streets and Highways; Clarify the
Separation of Fences for Purposes of Height Measurement; and Modify
Certain Provisions with Respect to Processing of Permits for Wireless
Communication Facilities; File MCA 2015-08; Town -initiated
amendments; (Ordinance ----First Reading)
BACKGROUND
The Tiburon zoning ordinance currently sets forth written rules of interpretation for zone
boundaries relative to public streets, which are shown as un -zoned "white spaces" on the official
zoning map. This is a traditional approach used by many zoning ordinances. In reviewing the
precise wording used in the Town's ordinance, staff noted that the current provisions leave
ambiguities for areas where property on the other side of a street or highway is located in another
jurisdiction and it does not address state highways in a manner most beneficial to the public
interest. The proposed modifications would clarify and redress these situations.
The zoning ordinance also establishes a minimum separation distance between fences or walls
that is required lest the height of the fences and/or walls be combined in determining total height.
A recent lawsuit has provided the impetus to clarify that the combined height provision applies
only to fences located on the same property.
The Town's newly -adopted amendments to provisions regarding Wireless Communication
Facilities (WCF) in response to recent federal law and rulings drew the attention of AT&T, one of
the major wireless providers nationwide. In response to constructive comments provided by
AT&T, Town staff is recommending a few clarifications to the recent zoning text amendments
regarding WCF's. The Town Attorney has review and concurred in the need for the proposed
amendments.
Town Council Meeting
August 19, 2015
ANALYSIS
Zoning of Streets
The zoning ordinance currently determines zone boundaries based on the centerline of streets,
with the zone found on either side running to the center of the street. While this is a commonly -
used approach in zoning ordinances, the Town has noted situations where a more refined
approach would either avoid illogical results or better serve the public interest.
For example, there are streets in Tiburon (most notably Paradise Drive and Tiburon Boulevard)
where the property on the other side of the street is located in another jurisdiction and has zoning
not found in the Tiburon Zoning Ordinance; utilizing the centerline of the street as the zoning
boundary results in an illogical conclusion in such situations. The proposed text amendment
would address such situations by extending the Town's boundary the full width of the street and
not stopping at the centerline.
Additionally, Tiburon Boulevard is a state highway subject to occasional right of way surplus by
Caltrans. The proposed text amendment would classify any and all state highway right-of-way in
Tiburon as being in the Public/Quasi-Public zone, consistent with its current public ownership
and use.
Fence/Wall Separation & Height
The zoning ordinance limits fence heights to six feet in most instances. To avoid the appearance
of overly tall walls, the Town requires a minimum separation of three feet between walls or
fences. If this minimum separation is not provided, the fence/wall heights become cumulative for
measurement purposes. Of course, this provision was meant to apply to walls and/or fences on the
same property, and not to adjoining fences or walls on different properties. If the latter were the
case, two adjoining six foot fences on neighboring properties (a common occurrence) would not
be allowed without a substantial height variance; an illogical result. Nevertheless, this issue was
raised in a recently -resolved lawsuit against the Town, and the Town Attorney recommended that
the zoning ordinance be clarified at the next practical opportunity. The proposed text amendment
would clarify that this provision applies only to fences and/or walls on the same property.
Wireless Communication Facilities
The Town recently adopted amendments to implement federal regulations regarding wireless
communication facilities stemming from the Middle Class Tax Relief and Jobs Creation Act of
2012. In response to comments submitted by a wireless provider, the Town Attorney is
recommending minor modifications to some of the wording in the recent amendments. The
amendments would clarify that the 60 -day "shot clock" established by federal regulations
includes any appeal heard by the Planning Commission and would clarify that any other Town -
required permits (typically a building permit) may be processed concurrently with the
administrative review of the wireless facility by the Director. Related amendments would clarify
TOWN OF TIAL i RON Page 2 of 3
Town Council Meeting
August 19, 2015
the appeal provisions regarding wireless communication facility applications not eligible for
expedited processing under Section 6409(a) of the Middle Class Tax Relief Act, and would
clarify that the "shot clock" for processing of such applications begins at the time of filing and
not upon the determination of completeness of an application. These changes are based on recent
clarifications in federal law.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on the draft amendments on July 8, 2015. There
was no public comment and the Commission recommended adoption of the amendments to the
Town Council as submitted.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the proposed amendments are exempt from further review
under the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15305
(Minor Alterations in Land Use Limitations), and is also exempt pursuant to Section 15061(b)(3)
(General Rule) of the CEQA Guidelines. The Town Council would finalize this determination if
it adopts the amendments.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing and take testimony on the proposed ordinance; and
2. Introduce the proposed ordinance as follows:
a. Move to read by title only, waiving any additional reading.
b. Pass the motion and read only the title of the ordinance.
c. Move to pass first reading, pass the motion, and hold a roll call vote.
If the reading is passed, the ordinance will return for final adoption on a future consent calendar.
EXHIBITS
1. Redlined version of proposed zoning text amendments.
2. Planning Commission Resolution No. 2015-07.
3. Minutes of Planning Commission meeting of July 8, 2015 (excerpt).
4. Draft Ordinance.
Prepared By: Scott Anderson, Director of Community Development
TOWN OFTIBURON Page 3 of 3
16-14 Zoning Map
Section:
16-14.010 - Purpose
16-14.020 - Zoning Map and Zones
16-14.010 - Purpose
The purpose of Section 16-14 is to establish the zones applied to property within the Town and adopt the
Town's Zoning Map and Planned Development Map.
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 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)
RPD
Residential planned development zone
Low Density (L) and PDR Planned
Development Residential (PD -R)
RMP
Residential multiple planned zone
Very High Density (VH) and Very High
Density/Affordable Housing Overlay (VH/AHO)
RMP/AHO
Residential multiple planned/affordable housing
overlay zone
Very High Density/Affordable Housing Overlay
(VH/AHO)
M
Marine zone
Marine (Marine)
O
Office zone
Office (0)
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)
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 & 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.
EXHIBIT NO.
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 of highway), it shall be construed as
being bounded by and running to the center of such street or highway. 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 et: highwayl 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 and hiahways
upon which they abut, whether or not conveyances of abutting lands shall have
gone to the centerlines of such streets or hig,hwaya as provided in Section 1112 of
the Civil Code. 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]). except as otherwise provided in this section.
16-30.040 - Fences and Walls
A. Applicability. The requirements of this Section apply to all fences and walls, including
fence/wall combinations, unless otherwise stated.
B. Height limits. Fences and walls may occupy any required setback, provided that:
1. A fence, wall, or retaining wall greater than three and one-half feet in height shall not be
erected without Site Plan and Architectural Review approval as provided in Section 16-
52.020 (Site Plan and Architectural Review).
2. A fence, wall, or retaining wall shall not exceed six feet in height in any setback, with the
following exceptions:
a. A fence, wall or retaining wall may exceed six feet in height if all of the
following conditions are met:
i. The fence and/or wall is located along a private residential property line
shared with another private residential property;
ii. There is a difference in surface elevation between the two adjoining
properties along the property line upon which the proposed fence and/or
wall is to be located;
iii. The fence and/or wall would have a maximum height of six feet on the
upper side of the structure; and a maximum height on the lower side of
the structure of six feet plus the difference in surface elevation between
the adjoining yard areas at the property line, but in no instance more than
nine feet;
iv. The Review Authority determines that a fence and/or wall with a height
of six feet on the lower side of the structure would not provide an
effective privacy screen for the adjoining properties; and
v. The Review Authority determines that the proposed fence would not
result in significant view obstruction or visual impacts on properties in
the vicinity.
b. A safety railing on top of a retaining wall as required by the Town's Building
Code shall not count toward the measured height of the retaining wall if the
building official determines that the location of the railing is necessary for safety
purposes. Site Plan and Architectural Review approval shall be required for such
railings and walls as provided in Section 16-52.020 (Site Plan and Architectural
Review). Such railings are encouraged to be constructed either of transparent
materials or be otherwise visually open in design.
3. Fences (including walls used as fences) shall not be located, designed, or constructed so
as to impair safe vision from vehicles or of pedestrians.
4. If two or more fences and/or walls are constructed on the same property with a separation
of three feet or less between the faces of the structures, the height of the respective
structures shall be combined to determine the total wall or fence height. If the fences
and/or walls are separated by a horizontal distance greater than three feet, the heights of
the fences and/or walls shall be calculated separately and shall not be combined to
determine total heidit.
16-42.040 — Permit Requirements for Wireless Communication Facilities.
A. Wireless Communication Facilities Governed by Section 6409(a) of the Middle Class
Tax Relief and Jobs Creation Act of 2012 ("Tax Act"). An applicant for a facility
governed by Section 6409(a) of the Tax Act must file an administrative WCF permit
application for review and ministerial decision by the director. A final Said decision
shall be rendered within sixty (60) days of the filing of the application, unless tolled
pursuant to the Tax Act. The decision of the director may be appealed within five (5)
calendar days to the Planning Commission, whose decision shall be final. 1 f any
additional permit is necessary before construction can begin. the relevant review and
decision may be concurrent with the process and time line under this subsection.
including. compliance with generally applicable building. structural. electrical. and
safety codes or with other laws codifying objective standards reasonably related to
health and safety.
B. Wireless Communication Co -location Facilities Not Governed by Section 6409(a) of
the Middle Class Tax Relief and Jobs Creation Act of 2012. An applicant for a co -
location facility not governed by Section 6409(a) of the Tax Act may file a formal
written request for waiver of the requirements for a conditional use permit with the
director. It is the responsibility of the applicant to establish evidence in support of the
waiver criteria required by this section. The director may waive the requirements for a
conditional use permit and instead require a site plan and architectural review permit
only for co -locations that meet the following criteria:
1. Co -location. The proposed facility or equipment is co -located on or adjoining an
existing WCF;
2. Preferred location. The proposed facility is located on a property developed
predominantly with commercial land uses;
3. Stealth design. The proposed WCF is designed or located in such a way that the
facility is not readily recognizable as wireless communications equipment to an
average person;
4. Prior approval and compliance. The existing WCF was subject to conditional use
permit approval and complies with the town's policies and regulations; and
5. Existing environmental compliance. The existing WCF has a certified
environmental impact report or adopted negative declaration or mitigated negative
declaration, and the existing facility has incorporated the required mitigation
measures. The new equipment or structures do not constitute a substantial change
in the project or new information as outlined in Public Resources Code Section
21166.
Applications processed pursuant to this subsection (B) shall be acted upon within
ninety (90) days of submittal of a complete application. Appeals of site plan and
architectural review applications shall be in accordance with procedures set forth in
section 16-66 (Appeals).
C. All Other Facilities. Wireless Communication facilities that do not fall under
subsections A or B must go through the following process.
1. Public notice of application filing.
(a) Within fifteen (15) days after the filing of a conditional use permit
application for a WCF with the Town of Tiburon, the town shall give written
notice of such fling to all property owners within a six -hundred -foot (600')
radius of the proposed facility, to a newspaper of general circulation within the
Town of Tiburon, and to the presidents or their designees for receipt of notices
of each of the affected homeowners associations as determined by the director.
(b) Notice of the filing of the application shall also be posted by the Planning
Division on the town's web site and on the public notice bulletin board outside
town hall within fifteen (15) days of the date of the filing of the application,
and such notice shall remain in such location for a period of at least thirty (30)
days thereafter.
(c) For applications on land owned by a public agency other than the Town of
Tiburon, written notice and a copy of the Town of Tiburon's WCF regulations
shall be provided to the public agency within fifteen days of filing of the
application.
2. Review and approval.
(a) Any person who proposes to install or operate a WCF pursuant to this
subsection (C) shall first obtain approval of a conditional use permit in
compliance with section 16-52.040 (conditional use permit), unless the facility
is exempt from securing such permit under section 16-42.030 (applicability).
The review authority may approve a conditional use permit for a WCF only
upon making the finding that the project is consistent with this section and is
in substantial compliance with applicable requirements of the most current
Tiburon Wireless Communication Facilities Standards adopted by resolution
of the town council.
(b) Any person who proposes to install or operate a WCF shall first obtain site
plan and architectural review approval in compliance with section 16-52.020
(site plan and architectural review), unless the facility is exempt from securing
such permit under section 16-42.030 (applicability).
(c) Applications processed pursuant to this subsection C shall be acted upon
within ninety (90) days of filintt for proposed co -locations not subject to
subsection B and one hundred fifty (150) days of fling for a proposed new
WCF. • - - - . - -. Conditional use permit and site
plan and architectural review applications may be processed concurrently.
Appeals of conditional use permit and/or site plan and architectural review
applications shall he in accordance with procedures set forth in section 16-66
(Appeals).
3. Exceptions. The review authority may grant an exception to any
requirement of division 16-42 or any mandatory standard contained within the
Wireless Communication Facilities Standards upon making findings that: (1)
strict compliance precludes the reasonable accommodation of the
communication needs of the operator as set forth in federal and/or state rules
and regulations; (2) there are no other feasible alternatives; and (3) either state
or federal law requires the town to issue the exception or the exception will
serve the public interest despite the conflict with the mandatory standards.
D. Length of conditional use permit approval—Mandatory review/renewal.
1. A conditional use permit issued for a WCF approved on or after January 1, 2007
shall be valid for an initial period of ten (10) years after final approval, unless a
shorter duration is approved on the bases of public safety reasons or substantial
land use reasons. At least ninety (90) days prior to expiration of the ten-year
period approval, the permit holder shall file an application for review/renewal of
the WCF permit. The permit holder shall be solely responsible for timely filing of,
and for all costs associated with, the processing of applications for mandatory
reviews/renewals.
2. A conditional use permit issued for a WCF approved prior to January 1, 2007 shall
be subject to the specific conditions of the permit with respect to duration and
periodic mandatory review/renewal. At least ninety (90) days prior to expiration of
the permit, the permit holder shall file an application for review/renewal of the
WCF Permit. The review authority shall conduct a public hearing for the purposes
of verifying continued compliance with the findings and conditions of approval
under which the application was originally approved, as well as compliance with
other applicable provisions in the Municipal Code. Permit review/renewals are
required every five (5) years, unless a longer time period is approved by the
review authority, or another time period is set forth in the permit conditions. The
permit holder shall be solely responsible for timely filing of, and for all costs
associated with, the processing of applications for mandatory reviews/renewals.
RESOLUTION NO. 2015-07
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION
OF TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE
WHEREAS, the Town of Tiburon has initiated text amendments to the Town's Zoning
Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and
WHEREAS, notice of the public hearing on the amendments was published in the Ark
newspaper on June 24, 2015 and other noticing was provided as required by law; and
WHEREAS, the Planning Commission did hold a duly noticed and advertised public
hearing on July 8, 2015 and considered any testimony received during the public hearing; and
WHEREAS, the Planning Commission has determined that adoption of this ordinance is
exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to
Guidelines Section 15268 (ministerial actions), Section 15305 (Minor Alterations to Land Use
Limitations) of the CEQA Guidelines, and/or Section 15061(b)(3) of the CEQA Guidelines. It
can be seen with certainty that the text amendment will not result in a significant adverse effect
on the environment; and
WHEREAS, the Planning Commission finds that the proposed zoning text amendments
are consistent with the goals, policies, and programs of the Tiburon General Plan and are
consistent with the objectives of the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the Town Council adopt the Zoning Ordinance text amendments as set forth in
attached Exhibit "A-1".
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
Town of Tiburon held on July 8, 2015, by the following vote:
AYES: COMMISSIONERS: Corcoran, Kulik, Weller, Williams
NAYS: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Welner
TIBURON PLANNING COMMISSION RESOLUTION NO. 201507 07/08/2015 1
LEEEIBIT NO.
DAVID KULIK, CHAIR
Tiburon Planning Commission
Attachment: Exhibit "A-1"
TIBURON PLANNING COMMISSION
RESOLUTION NO. 201507 07/08/2015 2
Bei\ A—
1 ORDINANCE NO. XXX N. S.
2
3
4 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
5 AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING
6 THE INTERPRETATION OF ZONE BOUNDARIES AND CLARIFYING PROVISIONS
7 RELATED TO THE SEPARATION OF FENCES AND FENCE HEIGHTS
8
9
10 SECTION 1. FINDINGS.
11
12 A. On _ , 2015, the Planning Commission adopted Resolution No. 2015-_
13 recommending to the Town Council that various text amendments be made to Title IV,
14 Chapter 16 (Zoning) of the Tiburon Municipal Code.
15 B. The Town Council held a duly noticed public hearing on , 2015 and has
16 heard and considered all public testimony on the proposed Ordinance.
17 C. The Town Council finds that all notices and procedures required by law attendant to the
18 adoption of this Ordinance have been followed.
19 D. The Town. Council finds that the amendment actions made by this Ordinance are
20 necessary for the protection of the public health, safety, and welfare and to comply with
21 federal law.
22 E. The Town Council has found that the amendments made by this Ordinance are consistent
23 with the goals and polices of the Tiburon General Plan and other adopted ordinances and
24 regulations of the Town of Tiburon, and further the intent and purposes of General Plan
25 goals and policies.
26 F. The Town Council finds that adoption of this ordinance is exempt from the requirements
27 of the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor
28 Alterations to Land Use Limitations) of the CEQA Guidelines, as well as Section
29 15061(b)(3) of the CEQA Guidelines. It can be seen with'certainty that the text
30 amendment will not result in a significant adverse effect on the environment.
31
32 SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
33
34 (A) Title IV, Chapter 16, Section 16-14.020.0 of the Tiburon Municipal Code is amended to
35 read as follows:
36 C. Interpretation of Zone Boundaries.
37 1. At all points on the Zoning Map where a zone is defined as being bounded by or
38 running to a public street (other than a state highway), it shall be construed as
39 being bounded by and running to the center of such street. In like manner, the
Town of Tiburon Ordinance No. XXX N. S. TC First Reading Draft --/--/2015 Page 1 1
40 Zoning Map shall in all cases be construed as bounding each zone by the
41 centerline of each street (other than a state highway) upon which it shall abut,
42 notwithstanding the fact that the demarcation of such zone shall be shown on the
43 map as the sideline of such street. It is declared to be the intent and purpose of this
44 division to bound all zones by the centerline of the streets upon which they abut,
45 whether or not conveyances of abutting lands shall have gone to the centerlines of
46 such streets as provided in Section 1112 of the Civil Code. However, in instances
47 where an abutting parcel or area not located within the town is located on the
48 opposite side of any street located in the town, the town zoning shall extend the
49 entire width of the street and not terminate at the centerline of the street. For any
50 state highway or state highway segment located in the town, the entire right -of -
51 way of said highway or highway segment in the town shall be conclusively
52 construed as being zoned Public/Quasi-Public (P), regardless of abutting zoning
53 or jurisdictional lines.
54
55 2. If uncertainty exists in any boundary indicated on the Zoning Map or the Planned
56 Development Map, the Director shall determine the location of such boundary
57 pursuant to provisions of subsection 16-12.020 (Authority for Interpretation).
58
59 3. Zone boundaries shall extend vertically upward and downward from the ground
60 surface.
61
62 4. If there is uncertainty about the location of any zone boundary shown on the
63 official Zoning Map, the following rules are to be used in resolving the
64 uncertainty:
65
66 a. Where zone boundaries approximately follow lot, alley, or street lines, the
67 lot lines and street and alley centerlines shall be construed as the zone
68 boundaries;
69
70 b. If a zone boundary divides a lot and the boundary line location is not
71 specified by distances printed on the Zoning Map, the location of the
72 boundary will be determined by using the scale appearing on the Zoning
73 Map;
74
75 c. Where a public street or alley, excluding a state highway, is officially
76 vacated or abandoned, the property that was formerly in the street or alley
77 will be included within the zone of the adjoining property on either side of
78 the centerline of the vacated or abandoned street or alley; and
79
80 d. Any property not clearly designated on the Zoning Map in any of the
81 zones established by Article II (Zones and Allowable Land Uses) shall
82 hereby be designated as being in the RPD (Residential Planned
83 Development) zone (subsection 16-21.020.F.1 [RPD (Residential Planned
84 Development) zone]).
Town of Tiburon Ordinance No. XXX N. S. TC First Reading Draft --/--/2015 Page 1 2
85 (B) Title IV, Chapter 16, Section 16-30.040B.4. of the Tiburon Municipal Code is
86 amended to read as follows:
87
88 If two or more fences and/or walls are constructed on the same property with a separation
89 of three feet or less between the faces of the structures, the height of the respective
90 structures shall be combined to determine the total wall or fence height. If the fences
91 and/or walls are separated by a horizontal distance greater than three feet, the heights of
92 the fences and/or walls shall be calculated separately and shall not be combined to
93 determine total height.
94 (C) Title IV, Chapter 16, Section 16-42.040.A of the Tiburon Municipal Code is amended to
95 read as follows:
96 A. Wireless Communication Facilities Governed by Section 6409(a) of the Middle
97 Class Tax Relief and Jobs Creation Act of 2012 ("Tax Act"). An applicant for a
98 facility governed by Section 6409(a) of the Tax Act must file an administrative
99 WCF permit application for review and ministerial decision by the director. A
100 final decision shall be rendered within sixty (60) days of the filing of the
101 application, unless tolled pursuant to the Tax Act. The decision of the director may
102 be appealed within five (5) calendar days to the Planning Commission, whose
103 decision shall be final. If any additional permit is necessary before construction
104 can begin, the relevant review and decision may be concurrent with the process and
105 time line under this subsection, including any building permit application
106 compliance with generally applicable building, structural, electrical, and safety
107 codes or with other laws codifying objective standards reasonably related to health
108 and safety.
109
110 (D) Title IV, Chapter 16, Section 16-42.040.B of the Tiburon Municipal Code is amended to
111 read as follows:
112
113 B. Wireless Communication Co -location Facilities Not Governed by Section 6409(a)
114 of the Middle Class Tax Relief and Jobs Creation Act of 2012. An applicant for a
115 co -location facility not governed by Section 6409(a) of the Tax Act may file a
116 formal written request for waiver of the requirements for a conditional use permit
117 with the director. It is the responsibility of the applicant to establish evidence in
118 support of the waiver criteria required by this section. The director may waive the
119 requirements for a conditional use permit and instead require a site plan and
120 architectural review permit only for co -locations that meet the following criteria:
121
122 1. Co -location. The proposed facility or equipment is co -located on or
123 adjoining an existing WCF;
124
125 2. Preferred location. The proposed facility is located on a property developed
126 predominantly with commercial land uses;
127
Town of Tiburon Ordinance No. XXX N. S.
TC First Reading Draft --/--/2015 Page 1 3
128 3. Stealth design. The proposed WCF is designed or located in such a way that
129 the facility is not readily recognizable as wireless communications
130 equipment to an average person;
131
132 4. Prior approval and compliance. The existing WCF was subject to
133 conditional use permit approval and complies with the town's policies and
134 regulations; and
135
136 5. Existing environmental compliance. The existing WCF has a certified
137 environmental impact report or adopted negative declaration or mitigated
138 negative declaration, and the existing facility has incorporated the required
139 mitigation measures. The new equipment or structures do not constitute a
140 substantial change in the project or new information as outlined in Public
141 Resources Code Section 21166.
142
143 Applications processed pursuant to this subsection B shall be acted upon within
144 ninety (90) days of submittal of a complete application. Appeals of site plan
145 and architectural review applications shall be in accordance with procedures set
146 forth in section 16-66 (Appeals).
147 (E) Title IV, Chapter 16, Section 16-42.040.C.2.(c) of the Tiburon Municipal Code is
148 amended to read as follows:
149
150 (c) Applications processed pursuant to this subsection C shall be acted upon within
151 ninety (90) days of filing for proposed co -locations not subject to subsection B
152 and within one hundred fifty (150) days of filing for a proposed new WCF.
153 Conditional use permit and site plan and architectural review applications may be
154 processed concurrently. Appeals of conditional use permit and/or site plan and
155 architectural review applications shall be in accordance with procedures set forth
156 in section 16-66 (Appeals).
157 SECTION 3. SEVERABILITY.
158
159 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
160 held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
161 decision shall not affect the validity of the remaining portions of the Ordinance. The Town
162 Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
163 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or
164 more sections, subsections, sentences, clauses, or phrases may be declared invalid or
165 unconstitutional.
166
167
168
Town of Tiburon Ordinance No. XXX N. S. TC First Reading Draft --/--/2015 Page 1 4
169 SECTION 4. EFFECTIVE DATE.
170
171 This Ordinance shall take effect and be in force thirty days after the date of passage, and
172 before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
173 ordinance shall be published with the names of the members voting for and against it at least
174 once in a newspaper of general circulation published in the Town of Tiburon.
175
176 This ordinance was introduced at a regular meeting of the Town Council of the Town of
177 Tiburon on , 2015, and was adopted at a regular meeting of the Town Council of the
178 Town of Tiburon on , 2015, by the following vote:
179
180
181 AYES: COUNCILMEMBERS:
182
183 NAYS: COUNCILMEMBERS:
184
185 ABSENT: COUNCILMEMBERS:
186
187
188
189
190 FRANK X. DOYLE, MAYOR
191 Town of Tiburon
192 ATTEST:
193
194
195
196 DIANE CRANE-IACOPI, TOWN CLERK
Town of Tiburon Ordinance No. XXX N. S. TC First Reading Draft --/--/2015 Page 1 5
Mr. Anderson said that that was a valid long-term approach, but in the short-term the Council
needed to hear the Planning Commission's thoughts. He said that the Council may choose to do
what they had said at their earlier meeting which would be to ban seasonal rentals. However, he
recommended that the Commission should alert the Council as to its recommendations regarding
amending the ordinance. He said that this would take the form of a minute action
recommendation to the Council and the Council could ask that the Commission provide more
information or go back to their prior direction. Mr. Watrous clarified that staff would provide a
memorandum to the Town Council outlining the Commission's recommendations.
ACTION: It was M/S (Weller/Williams) to recommend that the Town Council not prohibit
seasonal rental units but instead approve amendments to the zoning ordinance with the changes
described above. Motion carried: 3-1 (Kulik opposed).
Zoning Ordinance Text Amendments (File MCA 2015-08): Consider Recommendation
to Town Council to Adopt Amendments to Chapter 16 (Zoning) of the Tiburon
Municipal Code to Modify Provisions Regarding Interpretation of Zone Boundaries Vis-
a -Vis Public Streets and Highways; Clarify the Separation of Fences for Purposes of
Height Measurement; and Modify Certain Provisions with Respect to Processing of
Permits for Wireless Communication Facilities; File MCA 2015-08; Town -initiated
Amendments
Director of Community Development Scott Anderson gave the staff report, stating this is a series
of minor text amendments to the zoning ordinance. The first deals with zone boundaries relating
to streets, where the zoning stops at the center line and there is ambiguity when half of the street
is in another jurisdiction. He said that there is a situation along Tiburon Boulevard which is
unique because it is a state highway and the State of California will occasionally surplus
properties. He said that the amendment would place the Town in a good position and be in the
public interest to have the entire Highway 131 right-of-way be designated as Public/Quasi-Public
instead of having the zoning only go to the centerline of the state highway.
Mr. Anderson said that there was also a request to clarify the separation distance versus height
requirement for fences and walls. As the result of a recent and ongoing lawsuit this clarification
would ensure that this provision only applies to fences or walls on the same property and not on
different properties.
Mr. Anderson described the final set of amendments dealing with the recently adopted wireless
communications amendments. He said that upon further review and constructive comments by
AT&T, staff has been advised there are a few more amendments needing to be made dealing
with the 60 day shot clock that the FCC has put in place for acting on these applications. It is
clear now that this applies also to the appeal period and not just to the initial decision by staff on
a particular application that is subject to the 60 day shot clock.
Chair Kulik opened the public hearing. There were no comments and the public hearing was
closed.
ACTION: It was M/S (Williams/Weller) to adopt the Resolution recommending approval of the
zoning text amendments to the Town Council. Motion carried: 4-0.
URON PLANNING COMMISSION MINUTES - JULY 8, 2015 - MINUTES NO. 1055
PAGE 10
3 ,:::,-::-Iii:TT NO. ,
1 ORDINANCE NO. XXX N. S.
2
3
4 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
5 AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING
6 THE INTERPRETATION OF ZONE BOUNDARIES AND CLARIFYING PROVISIONS
7 RELATED TO THE SEPARATION OF FENCES AND FENCE HEIGHTS
8
9
10 SECTION 1. FINDINGS.
11
12 A. On July 8, 2015, the Planning Commission adopted Resolution No. 2015-07
13 recommending to the Town Council that various text amendments be made to Title IV,
14 Chapter 16 (Zoning) of the Tiburon Municipal Code.
15 B. The Town Council held a duly noticed public hearing on August 19, 2015 and has heard
16 and considered all public testimony on the proposed Ordinance.
17 C. The Town Council finds that all notices and procedures required by law attendant to the
18 adoption of this Ordinance have been followed.
19 D. The Town Council finds that the amendment actions made by this Ordinance are
20 necessary for the protection of the public health, safety, and welfare and to comply with
21 federal law.
22 E. The Town Council has found that the amendments made by this Ordinance are consistent
23 with the goals and polices of the Tiburon General Plan and other adopted ordinances and
24 regulations of the Town of Tiburon, and further the intent and purposes of General Plan
25 goals and policies.
26 F. The Town Council finds that adoption of this ordinance is exempt from the requirements
27 of the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor
28 Alterations to Land Use Limitations) of the CEQA Guidelines, as well as Section
29 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that the text
30 amendment will not result in a significant adverse effect on the environment.
31
32 SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
33
34 (A) Title IV, Chapter 16, Section 16-14.020.0 of the Tiburon Municipal Code is amended to
35 read as follows:
36 C. Interpretation of Zone Boundaries.
37 1. At all points on the Zoning Map where a zone is defined as being bounded by or
38 running to a public street (other than a state highway), it shall be construed as
39 being bounded by and running to the center of such street. In like manner, the
Town of Tiburon Ordinance No. XXX N. S. TC First Reading Draft --/--/2015 Page 1 1 Lti,
r5 :LIT.IT NO.
40 Zoning Map shall in all cases be construed as bounding each zone by the
41 centerline of each street (other than a state highway) upon which it shall abut,
42 notwithstanding the fact that the demarcation of such zone shall be shown on the
43 map as the sideline of such street. It is declared to be the intent and purpose of this
44 division to bound all zones by the centerline of the streets upon which they abut,
45 whether or not conveyances of abutting lands shall have gone to the centerlines of
46 such streets as provided in Section 1112 of the Civil Code. However, in instances
47 where an abutting parcel or area not located within the town is located on the
48 opposite side of any street located in the town, the town zoning shall extend the
49 entire width of the street and not terminate at the centerline of the street. For any
50 state highway or state highway segment located in the town, the entire right -of -
51 way of said highway or highway segment in the town shall be conclusively
52 construed as being zoned Public/Quasi-Public (P), regardless of abutting zoning
53 or jurisdictional lines.
54
55 2. If uncertainty exists in any boundary indicated on the Zoning Map or the Planned
56 Development Map, the Director shall determine the location of such boundary
57 pursuant to provisions of subsection 16-12.020 (Authority for Interpretation).
58
59 3. Zone boundaries shall extend vertically upward and downward from the ground
60 surface.
61
62 4. If there is uncertainty about the location of any zone boundary shown on the
63 official Zoning Map, the following rules are to be used in resolving the
64 uncertainty:
65
66 a. Where zone boundaries approximately follow lot, alley, or street lines, the
67 lot lines and street and alley centerlines shall be construed as the zone
68 boundaries;
69
70 b. If a zone boundary divides a lot and the boundary line location is not
71 specified by distances printed on the Zoning Map, the location of the
72 boundary will be determined by using the scale appearing on the Zoning
73 Map;
74
75 c. Where a public street or alley, excluding a state highway, is officially
76 vacated or abandoned, the property that was formerly in the street or alley
77 will be included within the zone of the adjoining property on either side of
78 the centerline of the vacated or abandoned street or alley; and
79
80 d. Any property not clearly designated on the Zoning Map in any of the
81 zones established by Article II (Zones and Allowable Land Uses) shall
82 hereby be designated as being in the RPD (Residential Planned
83 Development) zone (subsection 16-21.020.F.1 [RPD (Residential Planned
84 Development) zone]).
Town of Tiburon Ordinance No. XXX N. S. TC First Reading Draft --/--/2015 Page 1 2
85 (B) Title IV, Chapter 16, Section 16-30.040B.4. of the Tiburon Municipal Code is
86 amended to read as follows:
87
88 If two or more fences and/or walls are constructed on the same property with a separation
89 of three feet or less between the faces of the structures, the height of the respective
90 structures shall be combined to determine the total wall or fence height. If the fences
91 and/or walls are separated by a horizontal distance greater than three feet, the heights of
92 the fences and/or walls shall be calculated separately and shall not be combined to
93 determine total height.
94 (C) Title IV, Chapter 16, Section 16-42.040.A of the Tiburon Municipal Code is amended to
95 read as follows:
96 A. Wireless Communication Facilities Governed by Section 6409(a) of the Middle
97 Class Tax Relief and Jobs Creation Act of 2012 ("Tax Act"). An applicant for a
98 facility governed by Section 6409(a) of the Tax Act must file an administrative
99 WCF permit application for review and ministerial decision by the director. A
100 final decision shall be rendered within sixty (60) days of the filing of the
101 application, unless tolled pursuant to the Tax Act. The decision of the director may
102 be appealed within five (5) calendar days to the Planning Commission, whose
103 decision shall be final. If any additional permit is necessary before construction
104 can begin, the relevant review and decision may be concurrent with the process and
105 time line under this subsection, including any building permit application
106 compliance with generally applicable building, structural, electrical, and safety
107 codes or with other laws codifying objective standards reasonably related to health
108 and safety.
109
110 (D) Title IV, Chapter 16, Section 16-42.040.B of the Tiburon Municipal Code is amended to
111 read as follows:
112
113 B. Wireless Communication Co -location Facilities Not Governed by Section 6409(a)
114 of the Middle Class Tax Relief and Jobs Creation Act of 2012. An applicant for a
115 co -location facility not governed by Section 6409(a) of the Tax Act may file a
116 formal written request for waiver of the requirements for a conditional use permit
117 with the director. It is the responsibility of the applicant to establish evidence in
118 support of the waiver criteria required by this section. The director may waive the
119 requirements for a conditional use permit and instead require a site plan and
120 architectural review permit only for co -locations that meet the following criteria:
121
122 1. Co -location. The proposed facility or equipment is co -located on or
123 adjoining an existing WCF;
124
125 2. Preferred location. The proposed facility is located on a property developed
126 predominantly with commercial land uses;
127
Town of Tiburon Ordinance No. XXX N. S.
TC First Reading Draft --/--/2015 Page 1 3
128 3. Stealth design. The proposed WCF is designed or located in such a way that
129 the facility is not readily recognizable as wireless communications
130 equipment to an average person;
131
132 4. Prior approval and compliance. The existing WCF was subject to
133 conditional use permit approval and complies with the town's policies and
134 regulations; and
135
136 5. Existing environmental compliance. The existing WCF has a certified
137 environmental impact report or adopted negative declaration or mitigated
138 negative declaration, and the existing facility has incorporated the required
139 mitigation measures. The new equipment or structures do not constitute a
140 substantial change in the project or new information as outlined in Public
141 Resources Code Section 21166.
142
143 Applications processed pursuant to this subsection B shall be acted upon within
144 ninety (90) days of submittal of a complete application. Appeals of site plan
145 and architectural review applications shall be in accordance with procedures set
146 forth in section 16-66 (Appeals).
147 (E) Title IV, Chapter 16, Section 16-42.040.C.2.(c) of the Tiburon Municipal Code is
148 amended to read as follows:
149
150 (c) Applications processed pursuant to this subsection C shall be acted upon within
151 ninety (90) days of filing for proposed co -locations not subject to subsection B
152 and within one hundred fifty (150) days of filing for a proposed new WCF.
153 Conditional use permit and site plan and architectural review applications may be
154 processed concurrently. Appeals of conditional use permit and/or site plan and
155 architectural review applications shall be in accordance with procedures set forth
156 in section 16-66 (Appeals).
157 SECTION 3. SEVERABILITY.
158
159 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
160 held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
161 decision shall not affect the validity of the remaining portions of the Ordinance. The Town
162 Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
163 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or
164 more sections, subsections, sentences, clauses, or phrases may be declared invalid or
165 unconstitutional.
166
167
168
Town of Tiburon Ordinance No. XXX N. 5. TC First Reading Draft --/--/2015 Page 1 4
169 SECTION 4. EFFECTIVE DATE.
170
171 This Ordinance shall take effect and be in force thirty days after the date of passage, and
172 before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
173 ordinance shall be published with the names of the members voting for and against it at least
174 once in a newspaper of general circulation published in the Town of Tiburon.
175
176 This ordinance was introduced at a regular meeting of the Town Council of the Town of
177 Tiburon on , 2015, and was adopted at a regular meeting of the Town Council of the
178 Town of Tiburon on , 2015, by the following vote:
179
180
181 AYES: COUNCILMEMBERS:
182
183 NAYS: COUNCILMEMBERS:
184
185 ABSENT: COUNCILMEMBERS:
186
187
188
189
190 FRANK X. DOYLE, MAYOR
191 Town of Tiburon
192 ATTEST:
193
194
195
196 DIANE CRANE-IACOPI, TOWN CLERK
Town of Tiburon Ordinance No. XXX N. S. TC First Reading Draft --/--/2015 Page 1 5
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 19, 2015
Agenda Item:
Pil—
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Community Development Department
Recommendation to Adopt Revised Fee Schedules for the Community
Development Department & Public Works Department to Reflect
Newly -created Permit and Review Processes
BACKGROUND
Town staff is proposing revisions to the fee schedules used by the Community Development
Department and by the Town Engineer/Public Works Department. The revisions reflect the
creation of new permit types and processes required by recently -enacted state and/or federal law.
Specifically, a new fee is proposed to recover the costs of stormwater pollution prevention plan
review and inspection now required by Municipal Code Chapter 20A (Urban Pollution Runoff
Prevention) in response to recent changes in state and federal law. The fee must of necessity
appear on both fee schedules, but the fee will not be assessed twice if a plan addresses all work
(covering both public and private property) associated with a project. The new stormwater plan
review process went into effect on July 1, 2015. The Town intends to use the outside services of
qualified firms and/or individuals, since such plans must be reviewed and approved by a QSD
(Qualified Stormwater Designer) and inspected by either a QSD or QSP (Qualified Stormwater
Practitioner); the proposed fees will recover those outside costs.
New fees are also proposed for procedures associated with wireless communication facility
administrative permits (a new process created in response to federal regulations) and appeals of
Building Official decisions associated with small residential rooftop solar energy facilities (a new
process created in response to state law).
ANALYSIS
The proposed revisions to the two fee schedules are shown in redline format in the draft fee
schedule resolutions, attached as Exhibits 1 and 2. Proposed amendments to each fee schedule
are described separately below.
Town Council Meeting
August 19, 2015
Community Development & Miscellaneous Fee Schedule (Exhibit 1)
The proposed revisions to this schedule are summarized below with page references in
parentheses following each revision and sections highlighted and double -underlined in the draft
fee schedule. The revisions would create:
D A new fee for "administrative" review and approval by Town staff of certain wireless
communication facility (WCF) applications that qualify for expedited review under Section
6409(a) the Middle Class Tax Relief and Jobs Creation Act of 2012 (p. 2). This fee is
proposed on an "initial deposit" basis.
D A new fee for processing appeals of the Building Official's decisions with respect to small
residential roof -top solar energy systems, as required by state law (p. 9.)
> A new fee (collected at the time of building permit or grading permit) for review and
inspection of stormwater pollution prevention -related plans and drawings; said plans and
drawings now being required by state and federal law for certain types of projects (p. 11).
The reviews would either be characterized as "major" or "minor", depending on the scale
of the project, with a higher initial deposit for major projects. For example, a subdivision
with extensive grading would be considered a "major" project, while a new single family
residence would typically be considered a "minor" project and would pay a lower initial
deposit fee. The proposed fees, $2,500 deposit for a minor project and $5,000 for a major
project, are based on an "average" assumed cost for review and inspection derived from
proposals received by outside consultants. Actual costs will vary depending on a number
of factors, including the number of plan review iterations required prior to approval,
complexity of a project and/or its site, and weather conditions encountered during project
construction. We note that any significant rainfall event triggers an additional inspection
requirement performed by a QSD or a QSP.
Town Engineer/Public Works Department Fee Schedule (Exhibit 2)
The proposed revision to this schedule is as follows:
> A new fee (collected at the encroachment permit phase) for review and inspection of
stormwater pollution prevention -related plans and drawings. Said plans and drawings are
now required by state and federal law for certain types of projects. This fee would cover
those projects requiring an encroachment permit for which the required stormwater-related
plans and drawings were not previously prepared and approved as part of a separate
building permit (p. 1) to cover the necessary work. The same "major/minor" project
distinction as described above would apply with respect to the initial deposit fee collected.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing and consider any testimony.
2. Move to adopt the Resolutions.
TO\\'N OFTIBITRON Page 2 of 3
Town Council Meeting
August 19, 2015
EXHIBITS
1. Draft Resolution adopting updated Community Development fee schedule.
2. Draft Resolution adopting updated Department of Public Works fee schedule.
Prepared By: Scott Anderson, Director of Community Development
Pat Barnes, Director of Public Works/Town Engineer
TOWN OF TIBI TRO I Page 3 of 3
RESOLUTION NO. XX -2015
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING A REVISED FEE SCHEDULE FOR THE
COMMUNITY DEVELOPMENT DEPARTMENT AND MICELLANEOUS SERVICES
PROVIDED BY OTHER TOWN DEPARTMENTS
WHEREAS, the Tiburon Municipal Code requires that any changes to the Community
Development Department's filing and processing fees be set forth by Resolution of the Town
Council, and
WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the
Town for the costs of providing the services for which the fees are assessed, thereby maintaining
productive and efficient service levels commensurate with the work demands within the
Community Development Department, and
WHEREAS, from time to time it is necessary to revise fees to reflect actual costs incurred
by the Community Development Department and/or other Departments in the normal course of its
operation and according to its obligations to administer State statutory requirements under the
authority of Town ordinances, and
WHEREAS, the Town of Tiburon has provided required notice and held a public hearing
pursuant to state law and local ordinances.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby adopt a revised fee schedule for the Community Development Department and
Miscellaneous Services Provided by Other Departments, said fee schedules being attached hereto as
Exhibit A and Exhibit B, and including miscellaneous services provided by other Town
Departments, said fee schedules to become effective 60 days from the passage of this resolution and
supersede the fee schedule set forth in Resolution No. 04-2015.
PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of
Tiburon on , 2015 by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
FRANK DOYLE, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council
Resolution XX -2015 Effective --//2015
7L_
EXHIBIT A: PLANNING/ZONING & MISCELLANEOUS OTHER FEES
PLANNING & ZONING PERMITS
(Base fees do not include noticing, plan storage, technology recovery or CEQA fees, unless noted with * *)
General Plan Amendment, Rezoning, or Zoning Text Amendment $3,260*
Annexation Agreement** $255
Prezoning: Multiple Parcels/Undeveloped Parcel/Single Developed Lot $3,260/$1,630/1,630*
Precise Development Plan $6,520 + $260/each unit*
a. Amendment $1,630 + $70/each unit*
b. Single Lot Residential Amendment $1,300*
Conceptual Master Plan $3,260 + $140/each unit*
Conditional Use Permit and Amendment thereto
a. Minor $1,300*
b. Major $6,520*
Condominium Conversion Conditional Use Permit and Amendment:
a. 4 units or less = Minor Conditional Use Permit $1,300*
b. 5 units or more = Major Conditional Use Permit $6,520*
Secondary Dwelling Unit Permit** $595
Junior Accessory Dwelling Unit** $250
Keeping of Chickens or Bees Permit** (staff -level) $250
Variance** $450
Reasonable Accommodation Request**. $450
Tidelands Permit** $450
Temporary Use Permit** $300
Wireless Communications Fac i 1 ity Permit (Administrative/Expedited) $1,000*
Tree Permit**
a. Single tree $170
b. 2 through 4 trees $260
c. 5+ trees $280 plus $55 per each additional tree
Water Well Drilling Permit and Amendment thereto
a. Potable Well $1,250*
b. Non -potable Well $640*
Home Occupation Permit**
a. Initial $100
b. Annual Renewal $50
Extension of Time** 50% of initial fee
*Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the
Town's Hourly Rate Schedule(s) adopted by separate resolution.
Tiburon Town Council Resolution XX -2015 Effective --//20I5 2
SITE PLAN AND ARCHITECTURAL REVIEW (DESIGN REVIEW) PERMITS
(Design Review fees already include charges for noticing, plan storage, technology recovery, and
California Environmental Quality Act exemption)
Existing Building/Developed Lot
Ministerial (over-the-counter) $50
Minor Alteration (staff level) and amendments thereto $255
Design Review of less than 500 sq. ft. that do not qualify for staff level review $485
Design Review of between 500 and 1,000 sq. ft. $945
Design Review of 1,000 sq. ft. or more $1,325
Amendment to Design Review approval 50% of filing fee
(unless the application qualifies for staff -level review, then) $255
New Residential or Non -Residential Building
Initial Approval $2,825
Minor Amendment (qualifies for staff -level review) $255
Major Amendment involving increased floor area
and/or significant design changes 50% of filing fee
Residential Floor Area Exception $230
Grading, Filling, or Earthwork requiring design review approval $805
SIGN PERMITS
(Sign Permit fees already include charges for plan storage, technology recovery, and California
Environmental Quality Act exemption)
Sign Permit (no Exceptions required) $90
Sign Permit Requiring a Minor Exception $125
Sign Permit Requiring a Major Exception $300
PLANNING CONFORMANCE CHECK ON BUILDING PERMIT APPLICATIONS
(Collected by Building Division at time ofpermit issuance)
Actual cost of Checker's time based on the Hourly Rate Schedule; minimum charge is 0.5 hours).
Tiburon Town Council Resolution XX -2015 Effective --112015 3
SUBDIVISION AND RELATED PERMITS AND SERVICES
(Base fees do not include noticing, technology recovery, plan storage, or CEQA fees)
Lot Line Adjustment (Minor: four or fewer parcels) $720*
Lot Line Adjustment (Major: five or more parcels) $1,800*
Lot Merger (Voluntary) $230
Tentative Map, where Final Map required:
a. For the first 5 lots $19,600*
b. For each additional lot $260*
c. Amendment to previously approved Tentative Map $3,920*
Tentative Map, where Parcel Map required $3,920*
Planning Division Review of Final and Parcel Maps $9,760*
Extension of Time for Tentative Map $2,600*
Certificate of Compliance $1,300*
Reversion to Acreage $16,340*
CALIFORNIA ENVIRONMENTAL QUALITY ACT FEES
Determination of CEQA Exemption $50
Initial Study $1,600*
EIR (full or focused) $1,000 plus EIR contract cost
EIR Administrative Overhead 30% of EIR contract cost
Mitigation Monitoring and permit compliance review Actual Town cost
State Fish & Game Review Fees & County Clerk Filing Fee (as established by State law effective
January 1, 2013 and subject to change without notice; make checks payable to "Marin County
Clerk"):
a. Fish & Game and Filing Fee for Negative Declaration $2,210.00
b. Fish & Game and Filing Fee for Mitigated Negative Declaration $2,210.00
c. Fish & Game and Filing Fee for Environmental Impact Report $3,069.75
d. Environmental Document per Certified Regulatory Program $1,04335
e. Marin County Clerk Processing Fee $50.00
*Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be
billed per the Town's Hourly Rate Schedule.
Tiburon Town Council Resolution XX -2015 Effective --112015 4
ADMINISTRATIVE SERVICES / MISCELLANEOUS
Services
Street Name Change* $1,280
Change of Street Address $170
Residential Parking Permit (collected by Police Department) $25
Noticing and Mailout of Permit Applications $100
Plan/Document Storage Fee $65
Technology Recovery Fee $25
Photocopies (regular) $.20/page
Photocopies (color) $.50/page
Microfiche Copies $.20/page
Staff Research Fee $70/hour
Official Plans Duplication & Affidavit $50 per affidavit, plus actual plan duplication cost
Copy of Meeting Recording (CD) — $15 per meeting
Town Clerk Certification of Copies $1 /page
Special Event Permit: Low impact=$40; High impact=$100; Renewal of Low impact = $20
Impounded Sign Recovery/Storage Fee $40/sign
Blackie's Pasture/Blackfield Drive Banner Posting Fee $25/banner
Publications & Maps
General Plan paper copy (full document including 11" X 17" color diagrams) $50
General Plan on CD (full document) $5
General Plan paper copy (Individual Elements, including diagrams therein) $10
Zoning Ordinance (including 11" X 17" color maps) $30
Municipal Code (including 11" X 17" color zoning maps) $100
Design Review Guidelines (a.k.a. Hillside Guidelines Booklet) $5
Downtown Design Handbook (color) $20
Downtown Design Handbook Furniture Supplement (B/\V) $5
Open Space Resource Management Plan $25
All other publications At cost
General Plan Land Use Diagram 2.2-1 (11" x 17" color) $3
General Plan Land Use Diagram 2.2-1 (24" x 36" color) $30
Other General Plan Diagrams (11" x 17" color) $3
Zoning Map (11" x 17" color) $3
Zoning Map (24" x 36" color) $30
Planned Development Map (11" x 17" color) $3
Other maps At cost
APPEALS
a. If applicant is the appellant** $500
b. If applicant is not the appellant $300
*initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's
Hourly Rate Schedule.
**Project applicant is responsible for all reasonable Town costs, including expert services and outside consultants, necessary 10
process the application through a final Town decision.
Tiburon Town Council Resolution XX -2015 Effective --//2015 5
PUBLIC FACILITY FEES AND OTHER DEVELOPMENT -RELATED FEES
Traffic Mitigation Fees — varies by location (see Town Council Resolution No. 02-2007 or
successor document).
In -Lieu Housing Fee — varies (based on a formula contained in Tiburon Municipal Code Title IV,
Chapter 16).
Park & Recreation In -lieu Fee — varies (based on formula in Tiburon Municipal Code Title IV,
Chapter 14).
GENERAL FEE PROVISIONS
A. Fees shall be submitted in full at the time of application submittal to the Town. A penalty
fine equal to 100% of the regular filing fee is assessed for after -the -fact permit applications.
B. Pursuant to a written request, the Town Council may grant a full or partial waiver of fees
pursuant to applicable fee waiver policies adopted by Resolution of the Town Council.
C. Portions of fees may be refunded upon withdrawal of an application; the amount of the
refund shall be determined by the Director based upon the amount of work performed and
costs incurred by the Town prior to withdrawal.
D. Full fee credits may be granted by the Director toward resubmitted applications if
withdrawn and resubmitted within 60 days from the date of withdrawal.
E. Where work requires more than one permit, the full fee shall be collected for each and every
permit required.
F. Pursuant to Tiburon Municipal Code Title IV, Chapter 16 (Zoning), some fee waivers are
applicable to projects providing below market rate housing units.
G. If the Director determines that a contract planner will be required to process an
application, or assist Town Staff with processing of an application, the applicant shall be
responsible for all reasonable costs associated with said contract planner.
Tiburon Town Council Resolution XX -2015 Effective --//2015 6
EXHIBIT B: BUILDING DIVISION FEES
BUILDING PERMIT FEE
The basis for the Building Permit Fee shall be the total valuation of the project; the actual fee shall
be calculated using attached Table 1. "Valuation of the project" includes all of the actual costs
incurred for the completion of the project. These costs include, but are not limited to, architectural
and engineering fees, site preparation, demolition, rough and fmish carpentry, electrical, plumbing,
mechanical, scaffolding and other equipment rentals, grading, drainage, and winterization activities.
Where work is performed or materials supplied without monetary compensation, the fair market
value of labor and/or materials supplied shall be used for project valuation calculation purposes.
If the total valuation is not provided, the following schedule shall be used to establish a minimum
project valuation. Actual project valuation must be provided prior to final inspection and any
additional fees, based on actual project valuation, will be due and payable prior to final sign -off.
1. Apartment Houses:
Type I or II F.R. $171.00/sq.ft.
Type V - Masonry (or Type III) $137.00/sq.ft.
Type V - Wood Frame $132.00/sq.ft.
Type I Garage $70.00/sq.ft.
2. Dwellings:
Type V -Masonry $157.00/sq.ft.
Type V -Wood Frame $150.00/sq.ft.
Garage $60.00/sq.ft.
Miscellaneous valuations: If total valuation is not provided at the time of application, the following
schedule shall be used:
1. Sprinklered Structure (retrofits only) $4.00/sq.ft.
2. Tenant Improvements - Commercial $45.00/sq.ft.
3. Block Walls & Pilasters (includes footings) $6.00/sq.ft.
4. Retaining Walls (includes footings) $1$.00/sq.ft.
5. Retaining Walls (wood) $6.00/sq.ft.
6. Greenhouse $12.00/sq.ft.
7. Patio, Solid Cover $14.00/sq.ft.
8. Patio, Lattice Cover $11.00/sq.ft.
9. Aluminum Patio Enclosure $60.00/sq.ft.
10. Deck $12.00/sq.ft.
Tiburon Town Council Resolution XX -2015 Effective --1/2015 7
11. Demolition $120.00
12. Re -roof:
Project valuation to be substantiated by providing contract; Building Permit Fee shall be
calculated using Table 1.
13. Swimming Pool/Spa/Hot Tub:
Project valuation to be substantiated by providing contract; Building Permit Fee shall be
calculated using Table 1.
14. Miscellaneous Work:
Building Permit Fee for any work not covered by the above shall be based on the total
valuation for the project and the fees will be calculated using Table 1.
MISCELLANEOUS FEES
1. Plan Storage fees:
Valuation
$1 - $100,000 $60.00
$100,001 - $200,000 $120.00
$200,001 - $800,000 $180.00
$800,001 - over $250.00
2. Residential Resale Inspection/Residential Building Report (RBR) $250.00
(plus $75 per each additional unit beyond the first)
3. Residential Resale Re -inspection: $75.00
4. Business License:
Project value $1 - $5000 $15.00
Project value $5001 - $25,000 $25.00
Projects valued over $25,000 0.0012 of the Project value
5. Plan Checking Fees: All construction plans must be checked for conformance with State and
Town regulations. A plan checking fee shall be paid to the Town along with submittal of
construction drawings and specifications for review. Plan checking fees shall be 65% of the
building permit fees as set forth in Table 1. Where plans are incomplete, or changed so as to
require an additional plan check review, an additional plan review fee shall be charged by the
Town at a rate of $75 per hour, with a minimum charge of one hour or a standard plan check
fee, whichever is higher, in addition to any costs incurred by the Town for outside plan -
checking services.
6. Work Performed Without a Permit: Whenever any work for which a permit is required is
commenced without first obtaining a permit, a penalty fee shall be due and payable. The
penalty fee shall be calculated using the Town's current Resolution setting forth
Administrative Fines.
7. Long-range planning/general plan maintenance fee surcharge: 10% of building permit fees
(includes building, plumbing, electrical, mechanical, and grading fees)
Tiburon Town Council Resolution XX -2015 Effective --//2015 8
8. Technology Recovery Fee surcharge as set forth in the following table:
TOTAL VALUATION
FEE
$ 1.00 to $ 5,000.00
$15.00
$ 5,001.00 to 25,000.00
$ 15.00 for the first $ 5,000.00 plus $ 3.00.00 for each additional $1,000.00, or fraction
thereof, to and including $ 25,000.00
$ 25,001.00 to $ 50,000.00
$ 75.00 for the first $ 25,000.00 plus $ 2.50 for each additional $1,000.00, or fraction
thereof, to and including $ 50,000.00
$ 50,001.00 to $ 100,000.00
$ 137.50 for the first $ 50,000.00 plus $ 2.25 for each additional $1,000.00, or fraction
thereof, to and including $ 100,000.00
$ 100,001.00 to $ 500,000.00
$ 250.00 for the first $ 100,000.00 plus $ 2.00 for each additional $1,000.00, or fraction
thereof, to and including $ 500,000.00
$ 500,001.00 to $ 1,000,000.00
$ 1050.00 for the first $ 500,000.00 plus $ 1.75 for each additional $1,000.00, or fraction
thereof, to and including $ 1,000,000.00
$ 1,000,001.00 and up
$ 1925.00 for the first $ 1,000,000.00 plus $ 1.50 for each additional $1,000.00, or
fraction thereof, but not to exceed $7,500.00
9. Other Inspections and Fees
a. Inspections outside of normal business hours: $75/hour (minimum charge 2 hours)
b. Re -inspection Fee: $75.00/hour
c. Inspections for which no fee is specifically indicated: $75/hour (minimum charge is 1
hour)
d. Additional plan review required by additions or revisions to plans: $75/hour (minimum charge
is 1 hour)
e. Outside consultants for plan checking, inspections, or both: Actual costs, which include
administrative and overhead costs incurred by the Town
10. California State Seismic Tax (Strong Motion Fee) Set by State
11. State Building Standards Commission Fee, as follows:
PERMIT VALUATION
FEE
$ 1.00 to $ 25,000.00
$ 1.00
$ 25,001.00 to $ 50,000.00
$ 2.00
$ 50,001.00 to $ 75,000.00
$ 3.00
$ 75,001.00 to $ 100,000.00
$ 4.00
Every $ 25,000 or fraction
thereof above $ 100,000.00
Add $ 1.00
12. Undergrounding Extension Exception (Chapter 12A-3 of the Municipal Code)..... $60.00
13. Stormwater Pollution Prevention Plan Review and Inspection Required by Tiburon
Municipal Code Chapter 20A (Urban Runoff Pollution Prevention):
Minor Project: $2.500* Major Project: $5.000*
* Initial defrost! amattl i pn/)- <ln�, remalruler frill he refunded ndc(itional consultant time to review and/o inspect gill he
assessed on a time and materials basis.
Tiburon Town Council Resolution XX -2015 Effective --//2015 9
ELECTRICAL PERMIT FEES
Any fees required by this division shall be paid by the applicant before any electrical work,
requiring a permit hereunder, is stared and the permit issued.
Minimum Fee: The minimum fee for any electrical permit, unless otherwise indicated, is
$60.00
Miscellaneous Permit Fee: Any permit for miscellaneous electrical work not in conjunction
with a building permit, and not itemized below, shall be a minimum fee of $60.00, or 2% of
the contract cost, whichever is greater.
New Service or Service Change: Any permit for new service or change of service not in
conjunction with a building permit shall be charged as follows:
100-1000 amps $150.00
Over 1000 amps $250.00
Residential Dwelling: For each electrical permit for a one or two family unit, or a multi-
family dwelling unit, the fee shall be based on 20% of the building permit fee, inclusive of
carports and garages, and inclusive of additions and alterations.
Commercial: Fees for commercial or industrial electrical work (including retail stores,
offices, and motels) in conjunction with a building permit are as follows:
Office 20% of building permit fees
Retail sales 20% of building permit fees
Food markets 25% of building permit fees
Restaurants 25% of building permit fees
MECHANICAL PERMIT FEES
Any fee required by this division shall be paid by the applicant before any mechanical work
requiring a permit hereunder is started and the permit is issued.
Minimum Fee: The minimum fee for any mechanical permit, unless otherwise indicated, is
$60.00.
Miscellaneous Permit Fee: Any permit for miscellaneous mechanical work not in conjunction
with a building permit, and not itemized below, shall be a fee of $60.00 or 1% of the contract
cost.
Residential Dwellings: For each mechanical permit for a one or two family dwelling unit or a
multi -family dwelling unit, the fee shall be based on 9% of building permit fee, inclusive of
additions and alterations.
Commercial: Fees for commercial or industrial mechanical work (including retail stores,
offices, and motels) in conjunction with a building permit are as follows:
Tiburon Town Council Resolution XX -2015 Effective --//2015 10
Office 9% of building permit fee
Retail sales 9% of building permit fee
Food Markets 12% of building permit fee
Restaurants 12% of building permit fee
PLUMBING PERMIT FEES
Any fees required by this division shall be paid by the applicant before any plumbing work
requiring a permit hereunder is started and the permit issued.
Minimum Fee: The minimum fee for any plumbing permit is $60.00, unless otherwise stated.
Miscellaneous Permit Fee: Any permit for miscellaneous plumbing work not in conjunction
with a building permit, and not itemized below, shall be a fee of $60.00 or 1.5% of the
contract cost, whichever is greater.
Residential Dwellings: For each plumbing permit for a one or two family dwelling unit or a
multi -family unit, the fee shall be based on 10% of the building permit fee, inclusive of
additions and alterations.
Commercial: Fees for commercial or industrial plumbing work (including retail stores,
offices, and motels) in conjunction with a building permit are as follows:
Office 10% of building permit fees
Retail sales 10% of building permit fees
Food markets 10% of building permit fees
Restaurants 15% of building permit fees
ROOF -TOP SOLAR ENERGY SYSTEM THAT PROVIDES DIRECT CURRENT (DC)
ELECTRICITY*
Residential: $500, plus $15 per kilowatt for each kilowatt above 15kW (collected as electrical
permit fee)
Non-residential: $1,000 for systems up to 50 kW, plus $7 per kilowatt for each kilowatt between
5 lkW and 250kW, plus $5 per kilowatt for each kilowatt above 250kW (collected as electrical
permit fee)
Appeal of Building Official's Decision: Refer to "Appeals" section of Planning Division Schedule.
* Fees subject to substantial waiver if the criteria set forth in the Policy for Solar Collector Panels are met (Resolution No. 13-2011
or successor),
Note: For non -roof -top solar energy systems, the permit fee is based on the valuation of the project as set
forth in Table 1)
GRADING PERMIT FEE SCHEDULE
Plan Check Fees:
1 to 50 cubic yards No fee
51 to 100 cubic yards $15.00
Tiburon Town Council Resolution XX -2015 Effective --//2015 11
Office 9% of building permit fee
Retail sales 9% of building permit fee
Food Markets 12% of building permit fee
Restaurants 12% of building permit fee
PLUMBING PERMIT FEES
Any fees required by this division shall be paid by the applicant before any plumbing work
requiring a permit hereunder is started and the permit issued.
Minimum Fee: The minimum fee for any plumbing permit is $60.00, unless otherwise stated.
Miscellaneous Permit Fee: Any permit for miscellaneous plumbing work not in conjunction
with a building permit, and not itemized below, shall be a fee of $60.00 or 1.5% of the
contract cost, whichever is greater.
Residential Dwellings: For each plumbing permit for a one or two family dwelling unit or a
multi -family unit, the fee shall be based on 10% of the building permit fee, inclusive of
additions and alterations.
Commercial: Fees for commercial or industrial plumbing work (including retail stores,
offices, and motels) in conjunction with a building permit are as follows:
Office 10% of building permit fees
Retail sales 10% of building permit fees
Food markets 10% of building permit fees
Restaurants 15% of building permit fees
ROOF -TOP SOLAR ENERGY SYSTEM THAT PROVIDES DIRECT CURRENT (DC)
ELECTRICITY*
Residential: $500, plus $15 per kilowatt for each kilowatt above 15kW (collected as electrical
permit fee)
Non-residential: $1,000 for systems up to 50 kW, plus $7 per kilowatt for each kilowatt between
51kW and 250kW, plus $5 per kilowatt for each kilowatt above 250kW (collected as electrical
permit fee)
Appeal of Building Official's Decision: Refer to "Appeals" section of Planning Division Schedule.
* Fees subject to substantial waiver if the criteria set forth in the Policy for Solar Collector Panels are met (Resolution No. 13-2011
or successor).
Note: For non -roof -top solar energy systems, the permit fee is based on the valuation of the project as set
forth in Table 1)
GRADING PERMIT FEE SCHEDULE
Plan Check Fees:
1 to 50 cubic yards No fee
51 to 100 cubic yards $15.00
Tiburon Town Council Resolution XX -2015 Effective --//2015 11
RESOLUTION NO. XX -2015
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING A REVISED FEE SCHEDULE FOR THE TOWN ENGINEER AND
PUBLIC WORKS DEPARTMENT
WHEREAS, the Tiburon Municipal Code requires that any changes to the Town's filing and
processing fees be set forth by Resolution of the Town Council; and
WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for
the costs of providing the services for which the fees are assessed, thereby maintaining productive and
efficient service levels commensurate with the work demands within the Town's various departments; and
WHEREAS, new federal and state regulations, incorporated into Chapter 20A (Urban Runoff
Pollution Prevention) of the Tiburon Municipal Code now require certain stormwater pollution
prevention -related plans and drawings to be reviewed , approved, and inspected by municipalities, and the
Town Council finds it necessary to recover the costs of these required reviews and inspections from
applicant's whose projects trigger the requirements for these reviews and inspections; and
WHEREAS, the documentation supporting this cost recovery fee are available for review in the
Office of the Tiburon Public Works Director/Town Engineer; and
WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant
to state law and local ordinances.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does
hereby adopt a revised fee schedule for the Town Engineer and Public Works Department staff, said fee
schedule being attached hereto as Exhibit A, said fee schedule to become effective 60 days from the
passage of this resolution and to supersede the fee schedule adopted by Town Council Resolution No. 05-
2015.
PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon
on , 2015 by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Town Council Resolution No. XX -2015
FRANK DOYLE, MAYOR
TOWN OF 1113URON
Effective --1--12015 Page 1
L:Y. IBIT NO.
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
Town Council Resolution No. XX -2015
Effective --\--12015 Page 2
EXHIBIT A
TOWN ENGINEER/PUBLIC WORKS DEPARTMENT FEE SCHEDULE
(Effective --/--/2015)
The Town Engineer's application review fee includes the time spent by the Town Engineer and his staff to make
one (1) site inspection, an initial review of submitted plans and maps for completeness, a second review of the
submitted plans and maps, a consultation with Community Development Department staff and preparation of
written conditions and/or recommendations. The fee for additional work beyond that specified above, and for
other applications where a specific fee is not listed, will be based on the actual time spent by the Town Engineer
or his staff in accordance with the Town's hourly rate schedule.
A. Planning & Zoning Applications
Conditional Use Permit (Major) $1,650*
Precise Development Plan $2,600*
Conceptual Master Plan $1,030*
Traffic Study Review.. $1,030*
B. Site Plan and Architectural Review Application Referral (complex applications only)
Design Review application $460*
New Residence or Non -Residential Building $400.00*
Grading, Filling or Earthwork $1,150*
C.
D.
Subdivisions and Related Permits and Services
Tentative Map Application .$6,500.00*
Final Map .$5,520.00*
Parcel Map .$5,520.00*
Subdivision Improvement Plan Review $6,500.00*
Field Inspection 3% of the Value of Improvements
Building Permit Drainage & Site Review Application
New Building
Exterior Addition/Remodel
$640.00
$480.00
E. Encroachment Permit
Application Processing Fee (applies to all Encroachment Permits) $110.00**
Debris Box -only Encroachment Permit Inspection Fee $80.00**
Minor Encroachment Permit Inspection Fee $180.00**
(e.g., driveway approaches, curb drains, fences, paving or concrete work less than 175 sqft.)
Major Encroachment Permit Inspection and Plan Review Fee: 3% of Valuation of Improvements
All other Encroachment Permit applications, in the reasonable discretion of the Town Engineer, are
subject to a $325.00** initial deposit filing fee, and additional fees may be assessed based on actual
processing time and adopted hourly rate schedules.
F. Variance from Flood Damage Prevention Regulations (Chapter 13D of Municipal Code) .$750.00*
G. McKegney Green Field Use Permit Application $300.00**
1I. Stormwater Pollution Prevention Plan Review & Inspection (Chapter 20A TMC)
_Minor Project: .2.500*** Ma.or Project: :j5.000***
*Fee shall be considered an initial non-refundable deposit. Additional fees may be required if actual Town costs to process
the application exceed this initial deposit amount.
**Includes $25 Technology Recovery Fee
***htitiald �'it tuunrutt o+tlp 1+m +enrainde+ a iN he reliutded adrlilkma/ consultant tintc>_tt� r•wiew and/or insnecl will be assessed on
a time and materials basis.
Town Council Resolution No. XX -2015
Effective --\--12015 Page 3
Date:
To:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
July 14, 2015
Peggy Curran, Town Manager
Mayor and Members of the Town Council
From: Patrick Barnes, Director of Public Works
Subject:
( _3
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Update Regarding Freeway Metering Lights
On July 9, 2015, engineers from the Town of Tiburon, Mill Valley and Marin County met with
CalTrans regarding traffic issues at the 131 and 101 interchange.
As part of the meeting, we discussed metering lights. The Council has expressed concern that the
metering lights could exacerbate back-ups on Tiburon Boulevard.
During our discussion, Sean Nozzari, a Deputy Director at District 4, was able to confirm that the
metering light will turn green when cars back up on the ramp. Therefore, when the ramp reaches
the point where it would back up on Tiburon Boulevard, the light would turn green and the ramp
would operate as if the metering lights were not installed. Based on this, it would seem we can
safely assume that metering lights will not increase backups onto Tiburon Boulevard.
It is my experience that back-ups normally occur at the Frontage Road signal. However, in those
instances when back-ups have occurred from the freeway the metering ramp project may actually
provide sorne benefit:
1. The project as currently envisioned will provide additional ramp storage. This could help
move vehicles off Tiburon Boulevard in the area of the ramp.
2. The worst back-up I have personally experienced from the freeway was related to an
accident on the freeway. It was bad. Ramp metering has been shown to increase safety
adjacent to entrance ramps, so metering could lower the occurrence of such accidents.
Certainly there are remaining questions regarding the metering project. However, given this
latest information, it would seem that the ramp metering project will not exacerbate back-ups
onto Tiburon Boulevard.