HomeMy WebLinkAboutTC Agd Pkt 2016-08-17 (2)TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 17, 2016
Agenda Item: 27-1 _ I
STAFF REPOR
To:
From:
Subject:
Mayor and Members of the Town Council
Town Manager Chanis
Update on the Trestle Trail Project and request to install temporary exhibit at
Blackie's Pasture to assist in fundraising for the project
Reviewed By: i ' i(
BACKGROUND
On April 20, 2016, Town Council considered a proposal from the Tiburon Peninsula Foundation
to construct a 600 ft. accessible pedestrian walking trail on top of the berm which leads to the
former site of the railroad trestle that was once located there (the Project). Primary components
of the Project as proposed in April included the following:
• Installation of an approximately 600 -foot long accessible, paved, colored
concrete pathway along the top of all but the final 20 feet of the railroad
berm, defined by header boards that look like rails and surrounded on both
sides by gravel ballast simulating Northwestern Pacific Railroad track
appearance from the late 1800's and early 1900's. This new pathway
would connect with the existing paved pathway at the same elevation as
the top of the berm.
• The final 20 feet of the berm nearest the timbers would be fitted with
actual historic railroad track and be designed with ties and surrounded by
gravel ballast to appear as genuine useable track
• Installation of benches and "then and now" informational plaques near the
end of the trestle mound nearest the remaining historic timbers from the
wooden trestle. No sculpture or artwork displays are proposed at this time.
After hearing public comment, and discussing this item on April 20, Council voted unanimously
to approve the project and authorized an appropriation in the amount $40,000 as the Town's
contribution towards funding the project.
Since April, project proponents have continued to refine the details of the design and are here this
evening to provide Council an update on the proposed design, which includes several
modifications from the schematic design presented on April 20. The most significant
modifications include:
• Changing the proposed surface of the trail from poured concrete to decomposed granite;
• Lengthening the proposed section of actual railroad track at the terminus of the trail from
20 feet to 40 feet.
TOWN OF TIBURON PAGE 1 OF 2
Town Council Meeting
AucTu,st ] 1. 2016
Project proponents are in the process of raising the funds necessary to complete the project. One
source of funding for the project is from the sale of in -ground "donor ties". These donor ties are
proposed to be milled, 8 -foot long, 3 -inch tall by 8 -inch wide wooden timbers replicating historic
railroad ties and spaced at ten foot intervals along the concrete walkway. Each tie would include
an inlaid 5" x 12" bronze plaque engraved with a message chosen by the individual donors. The
spikes holding down the final 20 feet of actual railroad track proposed at the end of the beim
might also be offered for purchase to help fund the project.
In an effort to raise awareness of the project, and to assist in the fundraising, project proponents
are asking for Council authorization to temporarily install an exhibit regarding the project at the
entrance of the Old Rail Trail at Blackie's Pasture. The exhibit would consist of a mockup of an
actual 20 -foot section of rail, complete with ballast stones and railroad ties, and would include
signage describing the project and associated fundraising campaign. Attached to this Staff Report
is a Google Earth image showing the approximate location of the proposed temporary exhibit as
well as a schematic rendering of the exhibit provided by the project proponents As proposed, the
exhibit would be installed the week of September 12 and would remain in place no longer than 6
months.
ANALYSIS
Staff has worked closely with the project proponents as the design has developed and supports the
current version. Staff has also consulted with the project proponents on the proposal to install a
temporary exhibit at Blackie's Pasture and supports this proposal as well.
FINANCIAL IMPACT
Staff anticipates no financial to the Town as a result of the recommendations included in this
Staff Report.
RECOMMENDATION
Staff recommends the Town Council:
1. Receive and update on the Trestle Trail Project;
2. Consider authorization of the installation of temporary exhibit at Blackie's pasture
to assist in fundraising for the project.
Prepared by: Greg Chanis, Town Manager
TOWN OF TIBUCRON PAGE 2 OF 2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 17, 2016
Agenda Item: 71-
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Department of Public Works
1860 Mountain View Drive: Appeal of the Public Works Director's Denial
of an Encroachment Permit for a Driveway Security Gate and a Freestanding
Concrete Wall Proposed Within the Public Street Right -of -Way of Mountain
Vie rive; Jan Brandt, owner; John Merten, applicant and appellant;
Ass sor Parcel No. 059-042-11
BACKGROUND
On June 27, 2016, John Merten of Studio Green Architects submitted an Encroachment Permit
Application on behalf of Jan Brandt, the property owner of 1860 Mountain View Drive in
Tiburon. The applicant was seeking permission to place a portion of a vehicular access gate and a
concrete freestanding wall within the public right of way, through a driveway servicing the
subject property. Staff reviewed the proposal and determined it was inconsistent with the Town's
policy for encroachments into public streets, as set forth in Town Council Resolution No. 45-
2014.
A response letter went out to the applicant on June 29, 2016 stating that the proposed
encroachment permit was disapproved and providing information for filing an appeal. A timely
appeal was filed on June 30, 2016.
ANALYSIS
Town Regulations and Encroachment Policy
Chapter 19 of the Municipal Code establishes Tiburon's encroachment permit requirement,
process, and procedure, but actual policy concerning encroachment permits is set forth in Town
Council Resolution No. 45-2014, attached as Exhibit 1. The Town Council first adopted the
encroachment policy in 2010 to provide clarity and consistency concerning the purposes and
processing of encroachment permits; a minor amendment to the policy was adopted in 2014. The
policy sets forth lists of "allowable" and "impermissible" purposes for encroachment permits and
has proven to be a highly useful tool for Town staff by providing specific guidance in an area
previously lacking clear criteria, with resulting inconsistent application and enforcement.
The Resolution states, "Encroachment permits for work within, upon, or beneath Town streets,
street right of ways, and other Town interests in real property (including easements) should not be
TOWN OF TIBURON PAGE 1 OF 3
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issued" in the following instance: "Encroachments for the purpose of, or having the practical
effect of, privatizing the affected area for the exclusive use or benefit of one or a limited number
of individual owners in lieu of the general public, except as may be authorized under Section
C.5"
Section C.5 of the Resolution reads as follows:
To accommodate parking that would be required by the Municipal Code for a newly
constructed use of the type associated with the encroachment permit, where the Town
finds that (a) the applicant cannot feasibly locate such parking on private property; (b) the
public safety or welfare is better served by allowing such parking to encroach; (c) a
substantial and material public safety benefit will result in that a substandard safety
related public street condition (such as inadequate width or sight distance) in the project's
public street frontage will be made standard or significantly improved; and d) the physical
extent of the encroachment is minimized to the extent feasible.
The Appeal
The Notice of Appeal (Exhibit 2) includes:
1. A summary of the applicant's grounds for appeal,
2. A letter of support from Mr. John Sexton, President of Sexton Executive Security, who
provides security services for the property owner,
3. An e-mail of support from Cheryl Woodford, President of the Hill Haven Home Owners
Association and
4. A compilation of photographs showing similar security gates in the neighborhood.
The applicant argues that Section D.1 allows for an encroachment under Section C.5 if certain
criteria are met. The summary argues that the subject encroachments are allowable under Section
C.5 of the Resolution, specifically that "the encroachment would serve the public safety or
welfare."
Photographs of neighboring properties that have similar gates were attached to the Notice of
Appeal in an effort to demonstrate that it is common for properties in the neighborhood to have
such gates and therefore that the applicant is not seeking privileged treatment, and to show that
the proposed gate would be located well back from the paved travel way.
Staff Opinion
Staff reviewed the appeal and concluded the proposal failed to satisfy the criteria set forth in
Town Council Resolution No. 45-2014 for approval. Staff believes it lacks the discretion to
approve or recommend approval of the proposal absent Town Council direction to the contrary.
Since the purpose of the gate is to block the entrance to the public, it privatizes the affected area
for the exclusive use or benefit of one or a limited number of individual owners in lieu of the
general public. The only time this is allowed in the resolution is in the exception provided in
Section C.S.
T,,\\ :ss 1)1: Tim I(\ Page „f:;
Town Council Meeting
Ingitst 17, 201(i
Section C.5 does not seem to be applicable in this case. Section C.5 specifically applies to
accommodating parking areas when the parking would be required by the Municipal Code for
similar new construction. It does not apply to gates or fences. Absent the gate and concrete wall,
the parking for the project will still easily meet Municipal Code requirements; therefore, the
exception in C.5. does not apply.
Regarding the applicant's statement that the encroachment would serve the public safety or
welfare, staff notes that this is one of four findings needed to approve parking. As there is not a
parking issue at stake, this finding would be moot. Moreover, staff notes that the statements put
forth in support of the project for public safety and welfare purposes generally refer to the private
security of the individual homeowner rather than public safety. While staff sees no clear
detriment to public safety from installation of the gate and wall, staff sees no particular public
benefit either. The proposal appears to be neutral with respect to public safety.
The appellant indicates that other properties in the vicinity have gates and provides photographs
of these gates as part of the appeal package. All of these gates were originally constructed prior
to the establishment of the Town's current policy. One of the gates is located on a non -dedicated
roadway and would not require an encroachment permit. The other three gates may encroach into
the right of way and may constitute legal non -conforming structures in the event that either the
Town of Tiburon or County of Marin issued appropriate permits in prior decades.
For these reasons, staff believes that the appeal does not meet the criteria set forth in the Town's
encroachment policy for permanent structures, and concludes that staff does not have the
discretion to approve or recommend approval of the encroachments as proposed. Further, staff
notes that since the adoption of the Town's encroachment policy in 2010, Town staff has
disallowed similar encroachments with the understanding that enclosing portions of the public
right of way for the exclusive use and benefit of a single property owner is impermissible under
the Council adopted policy.
RECOMMENDATION
Staff recommends that the Town Council:
1) Hear the appeal pursuant to the Town's adopted procedures (Exhibit 4).
2) Indicate its intention to deny the appeal and direct staff to prepare a resolution to that
effect for adoption at the next regular meeting.
EXHIBITS
1. Town Council Resolution No. 45-2014
2, Notice of Appeal and supplemental materials
3. Project Drawings
4. Appeal procedures
Prepared By: Dmitriy Lashkevich, Associate Engineer
RESOLUTION NO. 45-2014
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING THE TOWN'S POLICY
REGARDING THE ISSUANCE OF ENCROACHMENT
PERMITS PURSUANT TO TITLE V, CHAPTER 19 OF THE
TIBURON MUNICIPAL CODE
WHEREAS, the Town's Municipal Code contains regulations regarding
encroachment permits for work proposed in Town streets, street right-of-ways and other Town
interests in real property (including easements) Title V, Chapter 19; and
WHEREAS, said Chapter 19 establishes definitions and procedures for the
review, issuance, conditioning and revocation of encroachment permits but does not set forth
policy direction for the benefit of Town decision -makers as to the appropriateness of various
requests for encroachment into said areas; and
WHEREAS, in 2010, the Town Council adopted Resolution No. 16-2010, to
restrict the granting of encroachment permits and to prohibit permanent encroachments that
would effectively convert Town property to private use and private benefit, rather than for the
use and benefit of the Town and the general public; and
WHEREAS, the Town Council has found that in a very few cases, a permanent
encroachment may abate or ameliorate an existing public health and safety risk and therefore
wishes to establish an exception for such cases; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby amend the policy adopted in Resolution No. 16-2010 by adopting the
following amended policy with respect to encroachment permits issued pursuant to Title V,
Chapter 19 of the Tiburon Municipal Code, to read as follows.
Encroachment Permit Policy
A. Definitions
For the purposes of this Resolution, the meaning of words and phrases, including without
limitation, Town streets, street right-of-ways, Town -owned land and other Town interests in real
property (including easements), shall be as set forth or used in Title V, Chapter 19, of the
Tiburon Municipal Code.
B. General Provisions
The Town shall have discretion to revoke any encroachment permit at any time. No
encroachment permit shall grant any private property owner a permanent right to perform work
in or use the area subject to the encroachment permit. The Town may, in its discretion, grant an
1
Tiburon Town Council
Resolution No. 45-2014 Adopted 11/5/2014
7.1.7.3..-711317 hTO.
encroachment permit allowing access from private property to the public right-of-way, provided
that the Town shall condition any such encroachment permit as it deems appropriate to manage
or enhance the public right-of-way. The Town is not responsible for the cost of altering,
modifying, or removing any such encroachment if it deems such alteration, modification, or
removal is warranted.
C. Allowable Purposes
For the following purposes, and only if the Town finds that the encroachment will serve public
safety or welfare, the Town may issue encroachment permits for work within, upon, or beneath
Town streets, street right-of-ways, and other Town interests in real property (including
easements). Said permits shall contain conditions that shall include, without limitation,
revocation at the Town's discretion.
1. To allow access to private property for entry/egress purposes.
2. To allow applicants to install, build or replace sidewalks, curbs and gutters and curb cuts.
3. To allow applicants to install, maintain, or replace landscaping, within the parameters of
this policy.
4. To allow applicants to maintain, repair or replace previously lawfully -installed
encroachments.
5. To accommodate parking that would be required by the Municipal Code for a newly -
constructed use of the type associated with the encroachment permit, where the Town
finds that (a) the applicant cannot feasibly locate such parking on private property; (b) the
public safety or welfare is better served by allowing such parking to encroach; (c) a
substantial and material public safety benefit will result in that a substandard safety-
related public street condition (such as inadequate width or sight distance) in the project's
public street frontage will be made standard or significantly improved; and d) the
physical extent of the encroachment is minimized to the extent feasible.
6. To allow applicants the opportunity to secure approval for existing encroachments that
the applicant cannot prove were lawfully installed and that are consistent with this policy
and Title V, Chapter 19 of the Tiburon Municipal Code.
7. To allow applicants to drain their properties of storm water in a controlled fashion
acceptable to the Town Engineer.
8. To allow utility companies to perform necessary work.
9. To allow Town contractors and/or service providers to perform authorized work.
10. To allow community groups to perform authorized work, either using volunteers or
contractors.
11. To allow applicants to position a debris box or portable moving box for temporary
construction, storage or moving purposes, where such placement will not unreasonably
impede traffic circulation and pedestrian safety or otherwise be detrimental to public
safety or welfare.
12. To allow a limited and controlled amount of equipment and material associated with
permitted building construction activity.
13. To allow permitted special events with civic purpose and benefit.
Tiburon Town Council
Resolution No. 45-2014 Adopted 11/5/2014
14. To allow applicants temporary relief from unusually severe topographic or other physical
circumstances that result in practical hardships to the creation of proper access to or
improvement of private property in the absence of the encroachment.
15. To allow control of invasive or fire -prone plants, for fire prevention or other purposes of
public benefit.
D. Impermissible Purposes
Encroachment permits for work within, upon, or beneath Town streets, street right-of-ways, and
other Town interests in real property (including easements) should not be issued in the following
instances:
1. Encroachments for the purpose of, or having the practical effect of, privatizing the
affected area for the exclusive use or benefit of one or a limited number of individual
owners in lieu of the general public, except as may be authorized under Section C.5
above.
2. Encroachments that would block, impede, or discourage public use or access over an area
determined by the Town Engineer to be appropriate and suitable for public use or access
either at present or in the foreseeable future.
3. Encroachments that in the judgment of the Town Engineer are not necessary or
appropriate to serve one of the allowable purposes listed in Section C above.
E. Duration.
Encroachment permits shall contain conditions of approval to restrict the duration of the
encroachment to a reasonable time necessary to accomplish the purpose thereof.
1. Except where the Town grants the permit pursuant to Sections C.1, C.2, C.3, C.4, C.5,
C.6 or C.7, above, or as provided in E.2, the Town will allow only temporary
encroachments.
2. Notwithstanding Section E.1, the Town shall have discretion to issue a permit for a long-
term encroachment if it finds that the encroachment is necessary for public safety reasons
or that the encroaching improvement will have a long-term public benefit commensurate
with the private benefit to the permit holder.
3. The conditions of approval for any permit for a long-term encroachment shall include,
without limitation, the following conditions of approval:
a. By acceptance of the permit and construction of the improvements or performance of
the work, the permittee agrees to indemnify, defend and hold the Town harmless from
any claims, losses, litigation or other liabilities that may arise from the permittee's
performance of the work, construction and maintenance of said improvements and
removal of the improvements.
b. The permittee shall execute a Memorandum of Encroachment Permit Conditions,
using the form attached hereto as Exhibit 1 and incorporated herein by reference,
which the Town shall record in the County of Marin's Recorder's Office. If the
subject project requires a building permit, the Town must record the Memorandum of
3
Tiburon Town Council
Resolution No. 45-2014 Adopted 11/5/2014
Encroachment Permit Conditions before the Town issues said building permit. For
all other projects, the Town must record the Memorandum of Encroachment Permit
Conditions before the permittee enters onto the Town's property to perform work
pursuant to the encroachment permit.
F. Encroachment Permit Application Requirements
1. All applications for an encroachment permit shall include the following:
a. Detailed drawings and narrative describing the work that will be performed on
Town property.
b. Any reports or analyses that the Town Engineer determines are necessary to
evaluate the proposed encroachment.
c. If the application is for a permanent encroachment, the Town Engineer shall
also have discretion to require reports or analyses establishing that the
encroachments can be removed without damage to adjoining properties or
structures.
2. The Town Engineer shall have discretion to determine that the application drawings
and/or materials require independent review by an outside consultant or consultants,
either before accepting the application or during the processing thereof. The Town
Engineer may charge and collect the estimated cost of any special reports or
consultant fees that he determines are required to process the application. Any actual
cost that is more than the estimated cost collected shall be paid by the applicant prior
to the issuance of the permit, and any collected estimated costs that exceed the actual
costs shall be returned to the applicant at the time of issuance of the permit, or within
sixty days of permit issuance.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on November 5, 2014, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit 1 (Memorandum of Encroachment Permit Conditions)
Tiburon Town Council
Resolution No. 45-2014 Adopted 11/5/2014
EXHIBIT 1
TOWN OF TIBURON
MEMORANDUM OF
ENCROACHMENT PERMIT CONDITIONS
This MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS is made and
executed at , California, this day of
20 , by
("Owner").
RECITALS
1. Owner is the owner (or owners) of that real property located at
Tiburon, California.
2. On , Owner filed with the Town of Tiburon, a municipal corporation
("Town"), an application for encroachment permit for the construction or installation of the
improvements described in Exhibit A, which is attached hereto and incorporated herein by
reference.
3. Owner proposed to construct or install said improvements on the public right-of-way or
other Town -owned land at [describe area where encroachment is approved with street name,
address, assessor parcel number, or appropriate adjacency]
4. On , Town granted a revocable encroachment permit
(No. ) ("Permit") to Owner allowing the construction or installation of said
improvements subject to conditions of approval. The Permit and its conditions of approval
("Permit Conditions") are attached hereto as Exhibit B and incorporated herein by reference.
The Permit Conditions require, among other things, that Owner maintain the improvements as
safe, clean and serviceable and that Owner remove said improvements at Owner's sole expense
if the Town requests such removal.
NOW, THEREFORE, IN CONSIDERATION OF THE TOWN'S GRANT OF THE
PERMIT, OWNERS ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
1. The Permit does not grant the Owner any permanent rights to the encroachment.
2. The Town may revoke the Permit without cause, and all improvements are installed at the
Owner's risk. Upon receipt by Owner of a written notice from the Town requesting
Owner to remove said improvements, Owner will, exclusively at Owner's cost and
expense and within one hundred twenty (120) days from receipt of said notice, remove or
cause to be removed said improvements. Owner shall indemnify, defend and hold
harmless the Town and its officials, employees, agents and contractors, from any claims,
5
Tiburon Town Council
Resolution No. 45-2014 Adopted 11/5/2014
losses, damages or other liabilities that may arise from the removal from said
improvements. The obligation to defend is separate and distinct from the obligation to
indemnify and hold harmless and shall apply even if neither the Town nor Owner is
found liable for the aforesaid claims, losses, damages or other liabilities.
3. Any improvements installed on Town property must be designed and constructed so as to
be removable without damage or undermining of land or structures on the Owner's
property and on adjacent or nearby property.
4. Owner shall be responsible for the stability of the project site along the length of, and
adjacent to, the encroachment.
5. Owner shall be responsible for any drainage conditions affected by the encroachment.
6. Upon the failure of Owner to comply with any of the Permit Conditions, the Town may
declare said improvements to be a public nuisance and may take such action as may be
authorized by law to abate said nuisance. In addition, the Town may use any and all
other remedies authorized by the Town's Municipal Code or state law.
7. The Permit Conditions are covenants and servitudes running with the land and shall be
binding upon Owner and successors, assignees, executors, administrators and personal
representatives thereto.
OWNER(S):
Signature*:
Print Name:
Signature*:
Print Name:
*Notarization of signature required
[This document to be recorded at the County of Marin Recorder's Office]
Tiburon Town Council
Resolution No. 45-2014 Adopted 11/5/2014
EXHIBIT A
Drawing of Approved Improvements
[ATTACH APPROVED DRAWING IF SUITABLE FOR RECORDATION]
or insert the following text:
Exhibit A, the drawing dated , 20 , depicting the work
approved in Town of Tiburon Encroachment Permit No. , is of a size or
nature that is not amenable to recordation. Exhibit A is available for public review in the Public
Works Department of the Town of Tiburon, located at 1505 Tiburon Boulevard, Tiburon,
California, during business hours.
Tiburon Town Council
Resolution No. 45-2014 Adopted 11/5/2014
7
EXHIBIT B
Permit and Permit Conditions
[documents must be of suitable quality and clarity for recordation]
Tiburon Town Council
Resolution No. 45-2014 Adopted 11/5/2014
ENCROACHMENT PERMIT APPLICATION
Town of Tiburon • 1505 Tiburon Boulevard • Tiburon. CA 94920 • (4151435-7354
Payment Amt: 2c b
❑ Check No: -73 c 7
O Cash
Notes:
FOR OFFICE USE ONLY
Encroachment Permit No: 7a)113-CZe
Date Received: 6 7/16
Plan Attached: [irS'es 0 No
❑ Inspection Required. Contact Public Works at 435-7399 two days before starting work.
❑ Performance Bond / Security deposit required
O Additional Conditions Apply — See Attached List.
CONDITIONS OF APPROVAL:
Planning Dept. Rev. (if apply
Approved by Public Works Approval Date
The permit is valid for 6 month from approval date, unless otherwise stated.
APPLICATION INFORMATION
Basic applications (e.g., driveway resurfacing or routine utility connections) are reviewed by the Public Works and usually
granted within 5 to 7 business days. The basic Encroachment Application fee is S110 with a $180 Inspection Fee (for 1
inspection). Applications for more involved projects are reviewed by the Town Engineer and there may be an additional fee
charged. After the encroachment application has been reviewed and granted, the applicant will be notified to pick up a copy
of the approved application which serves as the permit. When the project is completed, a final inspection will be performed.
If related to a building project, occupancy permit will be withheld until final Public Works approval.
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Location of Work & Nearest Cross Street Name of Property Owner
Description of Proposed Work — Attach any drawings, documents, schematics, and written description to illustrate your
scope. For driveways, specify type of surfacing and size of culvert, if applicable.
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Estimated Start Date: Estimated Completion Date:
Jaw eeili /5/drd6re9k pA lir Ao ks
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'VC) 72--/ '09a'5
Area Code) Phone Number
30‘im QS ‘A.61/41 O v\"\
The undersigned hereby applies for permission to perform the above described work and/or otherwise encroach on Town of
Tiburon right-of-way or property pursuant to any required building permits. Applicant agrees that all work shall be
performed in accordance with the rules, regulations and standards of the Town of Tiburon, in addition to the General
Provisions or Special Conditions as applicable. All work shall be subject to inspection and approval by the Public Works
Department. Applicant agrees to indemnify, defend and hold the Town of Tiburon, and its employees, agents, and officials,
harmless from any claims, losses or damages that may arise from Applicant's exercise of this encroachment permit and any
other permit granted by the Town. Proof of insurance is required upon request.
? 92�
70-7 S91f-1-923
Area Code) Phone Number
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Applicant's Signature:
Date: G ' l 7 '1 c
Description of Work:
A portion of a vehicle access gate on a sole use, private driveway to control access to a single
family residence.
Supporting Description of the Work and Documentation:
The application is generally consistent with the Town's current policies regarding the issuance
of encroachment permits as stated in Town Resolution No. 45-2014 Section C in that the
Town could reasonably find, given all of the facts and circumstances described in the
application or in the documentations submitted with the application, that the encroachment
would serve the public safety or welfare. The applicant will accept and comply with all of the
standard encroachment permit conditions, items 1 through 7, as stated on the Memorandum
of Encroachment Permit conditions described on Exhibit 1 to Town resolution No. 45-2014.
The project includes the installation of a portion of a vehicle access gate within the limits of a
private driveway serving a single family residence and a portion due to unique circumstances
encroaching into the Town right of way.
As a result of the hillside slopes, preservation of a heritage tree and an existing garage within
the setback the existing driveway serving this residence has a large percentage within the
Town right of way. This driveway serves this single family home and is the only home
benefiting from this use of Town lands.
The private use of this land is already established and consistent with most homes in Tiburon
that have private use driveways and parking within the right of way. This driveway, like all
other single property serving means of egress, has no practical value to the other neighbors,
the community or the Town. Single property access uses will continue to be the sole required
need of this land.
Mountain View Drive in Tiburon is a well established street. This street exhibits adequate
width for normal vehicle and pedestrian uses, it accommodates the utilities needed to serve
the homes and is in what appears to be in good, functioning condition.
The sole use driveway parallels the right of way due to the geography of its location and the
proposed gate is 15'-7" at the closest point to the street. The gate control, call box and one
motor are entirely located on the private property of 1860 Mountain View drive.
The owner recently purchased this home with the expectation that her needs for personal
safety could be met. Currently the first point of contact with anyone is the front door and this
is an unacceptable situation for a high profile individual. Ms. Brandt's security consultant,
John sexton has indicated that the perimeter fencing and an electronic security gate is the
norm and an essential security tool for his clients. Further he says it would be very unusual
for such a client to contemplate exposing their own personal security by not having such
safeguards in place.
Many homes throughout Tiburon have vehicle access control gates for a variety of reasons;
personal security; theft prevention; limited access for deer; to contain family pets; and for a
sense of entry or stature. Vehicle gates are not a special privilege or unique use they are
common place and routine. This gate is not an unusual request or a need most residence in
Tiburon enjoy or require. Due to the unusual physical conditions containing this gate entirely
within the property is not reasonable. This hardship must be factored into the approval of this
encroachment permit application.
Additional Supporting Documentation
1. Letter from John Sexton, Executive Security specialist. Mr. Sexton is concerned about
security measures and expresses that the gate control is "very much the norm and an
essential security tool for high profile clients such as Ms. Brandt."
2. Letter from Cheryl Woodford, President, Hill Haven Home Owners Association. She is in
support of the inclusion of a vehicle gate on the Brandt property with a portion in the right of
way for a variety of reasons and enjoys the benefits of this measure of security on her own
property.
3. Image board of homes with similar gate conditions in the neighborhood.
SEXTON
EXECUTIVE SEGIJR I T Y
To whom it may concern,
My name is John Sexton, I am the President of Sexton Executive Security, Inc., based in the
Washington D.C. Metro Area. We specialize in providing various aspects of private security,
both Nationally and Internationally.
Ms. Jan Brandt has been one of our clients since 2015. We provide armed security officers at
her residence in Northern Virginia on a 365 night a year basis. Ms. Brandt has perimeter fencing
and an electronic security gate (which we closely monitor) at her residence. As a security
professional with more than 30 years of high level security experience (Police, Military, NGOs,
Private Sector/Public Sector), I can attest to the fact that this type of protection is very much the
norm and an essential security tool for high profile clients such as Ms. Brandt. In addition, I
would add that it would be very unusual for such a client to contemplate exposing their own
personal security by not having such safeguards in place.
I have consulted and worked directly on the ground for many entities over the years, such as the
World Bank in Bosnia during the Siege of Sarajevo, Prince Bandar, the former Ambassador to
the U.S. from Saudi Arabia (present when high level dignitaries such as President Clinton and
President Nelson Mandella were in attendance), the former CEO of Worldcom, Mr. John
Sidgemore, etc. All of the people and agencies availed of the highest security methodologies,
which always included perimeter fencing and electronic gates.
Respectfully Submitted,
Jn Sexton, CST, SII
President
Sexton Executive Security, Inc.,
www.sextonsecurity.com
www.sextonsolutions.com
www.sextonsecurity.com
10332 Main St.,#181 Fairfax,VA 22030
Phone 703-293-6262 Fax 703-383-0078 Toll Free 866-290-0007
Virginia License # 11-3694 District of Columbia License #2022 Maryland License #106-3444
From: Cheryl Woodford <cherylwoodfordAgmail.com>
To: Jan Brandt <janbrandt(cr�aol.com>
Sent: Fri, Jun 17, 2016 11:17 am
Subject: Gate in Hill Haven neighborhood
Jan,
Welcome to the neighborhood! We're happy to have you in Hill Haven and glad to hear that you want to join our
neighborhood association!
I'm sorry to hear that you are having an issue with your application to install a gate. I understand that the Town
has denied your application to install one on your property, claiming that it would sit in the designated Town of
Tiburon right of way and could be an obstruction. I fully support your appeal of this denial and am more than
happy to help in any way that I can.
As you walk throughout Hill Haven (Ridge Road, Straits View, Lagoon View Drive as well as Mountain View),
you'll notice many of our neighbors have gates which serve to provide security and also to prevent the
overpopulation of deer from entering our properties and destroying our landscape. These two points have
obviously been appreciated by the Town previously since there are many gates throughout the neighborhood
(including my own) and in the 10 years that I have lived in Tiburon have not come across this issue before. I
would think that the public needs are met with the existing roadway and would be hard pressed to think of a
reason that the town would need additional land on your street such that they would ask you to remove your
gate. If they did ask you to remove your gate, it would certainly be a much bigger issue, for example major utility
work, and would be a collaborative conversation with all the neighbors on the street.
Unfortunately, with respect to crime in our small neighborhood, we have had at least 3 break-ins (or attempted
break-ins) that I know of in the past couple of years (including right next door to me) - all in houses without a
gate to deter a would-be criminal. I know that when I am away for extended periods of time (which I know that
you will be), I feel more confident having a gate and feel that it gives my property an extra layer of security.
As you've probably seen in the Ark, one of the hot topics in Belvedere and Tiburon currently is the
overpopulation of deer. I'm sure you've run across them multiple times on the roads leading up to Mountain
View - they seem to be everywhere. Unfortunately, the overpopulation means that they are all competing for food
and looking for new sources all the time. I have personally experienced the destruction of expensive landscaping
from deer that made their way into my property; there was a short period when my gate was broken and I came
home to 3 deer eating their way through my front garden.
In addition to keeping deer out, many of the gates in the neighborhood also serve to keep dogs inside the
property. I know that my gate gives me a sense of security when there are contractors or workers at my house
and they are not as diligent about closing the front door behind them as I am. I have had multiple times in the
past 10 years that I've come across a stray dog walking around the neighborhood without it's owner and nine
times out of ten it is because the house doesn't have a gate around it; it's not a guarantee, but it certainly helps
to mitigate the possibility of a lost dog.
Please let me know what I can do to help you with this issue - more than happy to assist in any way I can.
Cheryl Woodford
President, Hill Haven Home Owners Association
From: Cheryl Woodford <cherylwoodford(c�gmail.com>
To: Jan Brandt <janbrandtCa�aol.com>
Sent: Fri, Jun 17, 2016 11:17 am
Subject: Gate in Hill Haven neighborhood
Jan,
Welcome to the neighborhood! We're happy to have you in Hill Haven and glad to hear that you want to join our
neighborhood association!
I'm sorry to hear that you are having an issue with your application to install a gate. I understand that the Town
has denied your application to install one on your property, claiming that it would sit in the designated Town of
Tiburon right of way and could be an obstruction. I fully support your appeal of this denial and am more than
happy to help in any way that I can.
As you walk throughout Hill Haven (Ridge Road, Straits View, Lagoon View Drive as well as Mountain View),
you'll notice many of our neighbors have gates which serve to provide security and also to prevent the
overpopulation of deer from entering our properties and destroying our landscape. These two points have
obviously been appreciated by the Town previously since there are many gates throughout the neighborhood
(including my own) and in the 10 years that I have lived in Tiburon have not come across this issue before. I
would think that the public needs are met with the existing roadway and would be hard pressed to think of a
reason that the town would need additional land on your street such that they would ask you to remove your
gate. If they did ask you to remove your gate, it would certainly be a much bigger issue, for example major utility
work, and would be a collaborative conversation with all the neighbors on the street.
Unfortunately, with respect to crime in our small neighborhood, we have had at least 3 break-ins (or attempted
break-ins) that I know of in the past couple of years (including right next door to me) - all in houses without a
gate to deter a would-be criminal. I know that when I am away for extended periods of time (which I know that
you will be), I feel more confident having a gate and feel that it gives my property an extra layer of security.
As you've probably seen in the Ark, one of the hot topics in Belvedere and Tiburon currently is the
overpopulation of deer. I'm sure you've run across them multiple times on the roads leading up to Mountain
View - they seem to be everywhere. Unfortunately, the overpopulation means that they are all competing for food
and looking for new sources all the time. I have personally experienced the destruction of expensive landscaping
from deer that made their way into my property; there was a short period when my gate was broken and I came
home to 3 deer eating their way through my front garden.
In addition to keeping deer out, many of the gates in the neighborhood also serve to keep dogs inside the
property. I know that my gate gives me a sense of security when there are contractors or workers at my house
and they are not as diligent about closing the front door behind them as I am. I have had multiple times in the
past 10 years that I've come across a stray dog walking around the neighborhood without it's owner and nine
times out of ten it is because the house doesn't have a gate around it; it's not a guarantee, but it certainly helps
to mitigate the possibility of a lost dog.
Please let me know what I can do to help you with this issue - more than happy to assist in any way I can.
Cheryl Woodford
President, Hill Haven Home Owners Association
TOWN OF TIBURON
PUBLIC WORKS PERMIT CONDITIONS - Permit No.
Note: The following standard and checked (4) conditions apply to this permit.
1. APPENDING LIST OF CONDITIONS: In the event that these following conditions conflict with the
conditional notes and language found in the Permit Application, the following conditions and special conditions
will supersede and prevail.
2. ACCEPTANCE OF THE PROVISIONS: It is understood and agreed by the Permittee that all conditions have
been read, and understood. The Permittee agrees to comply with all conditions.
3. KEEP PERMIT ON WORK SITE: This permit, or a complete copy, shall be kept at the site of the work and
upon request must be shown to any representative of the Town or any law enforcement officer.
4. PERMITS FROM OTHER AGENCIES: Permittee must obtain all other permits required by other public or
private agencies or individuals necessary in order to perform the intended work.
5. INSPECTION NOTIFICATION: A preconstruction meeting or discussion will occur. The Permittee shall
notify the Maintenance Division at (415) 435-7399 a minimum of two (2) working days prior to the
performance of any work. Permittee will provide construction schedule, initially and periodically, and contact
information. All work must be inspected prior, during and after backfill or re -excavation will be required
at Permittee's expense.
6. CONSTRUCTION METHODS: Any work performed without inspection or contrary to discussions with the
Town's inspector, the Marin County Public Works Uniform Construction Standards (latest edition), Caltrans
Standard Plans (latest edition) or approved plans shall be deemed non -complying and will not be accepted by
the Town. Attention is called to the following special provisions:
(a) t' Underground tine (e.g. conduits, mains, services) installation will be neat open cut.
(b) Cement slurry backfill for trenches is required unless proper compaction can be
demonstrated as per attached standards or greater.
(c) A minimum of six (6) inch saw -cut and removal of pavement beyond trench edge lines will
be required. T -Cut shall be l 1" grind and minimum 48" wide.
(d) If trench is within four (4) feet of edge of curb/gutter, saw -cut and removal will continue to
the edge of gutter. Refer to Marin County Unified Construction Manual drawings 330, 340 & 350
(e) All PCC concrete replacement will be full panel, score line to score line, or as directed by the
Inspector.
(f) Plating of trenches will be allowed for up to five (5) calendar days. Ramping of plates is
required.
(g) All cement slurry backfill and paving will be completed within ten (or _) calendar days of
excavation for each 100 -foot section of pipe installation.
(h) Backfill, required compaction, final AC paving and/or PCC replacement will be conducted
within ten (or ) calendar days of excavation.
(i) Temporary repairs to existing grades, backfilling, and making the work site safe are required.
(j) USA markings must be steam cleaned from all sidewalks and roads before close of
project.
3/23/15 Town of Tiburon — PW Permit Conditions — Permit No. 1 of 4
(k) Others:
7. WORK HOURS: All work shall be restricted to 8:00 am ( ) to 5:00 pm ( ), Monday — Friday
(excluding holidays) or as directed by the Engineer. Work at times other than regular workdays requires
additional compensation for overtime inspection and written approval from the Town.
8. TRAFFIC CONTROL: Construction traffic control shall conform to the current edition of the "Manual of
Traffic Controls for Construction and Maintenance Work Zones", as published by the State of California,
Department of Transportation. Provisions shall be made for lighted barricades, delineators, traffic control
personnel during construction and excavation.
9. UNDERGROUND SERVICE ALERT: Permittee must notify Dig Alert network at least 48 hours in advance of
start of work for location of underground utilities.
10. GUARANTEE: The Permittee shall indefinitely guarantee all work performed under this permit. Any failure
caused by defective materials or workmanship shall be promptly repaired or replaced at the Permittee's
expense.
11. STORAGE OF MATERIAL: Excavated material, sand, gravel or any construction materials and debris shall
not be stockpiled or stored on the Town right-of-way, except as approved by the Town.
12. PUBLIC CONVENIENCE:
(a) The Permittee shall conduct his operations as to offer the least possible obstruction and inconvenience
to the public and abutting property owners, and he shall have under construction no greater amount of
work than he can prosecute properly with due regard to the rights of the public.
(b) Spillage resulting from hauling operations along or across any publicly traveled way shall be removed
immediately by the Permittee at his expense. As applicable, noxious fumes and smells shall be
mitigated to the satisfaction of the Town, at the Permittee's expense. Action may include using
alternative material or relocation of material until installed.
(c) Convenient access to driveways, houses, and buildings along the work shall be maintained and
temporary approaches to crossings or intersecting highways shall be provided.
(d) If ordered by the Inspector, water shall be supplied by the Permittee for the alleviation or prevention of
dust nuisance.
(e) In order to expedite the passage of public traffic through or around the work and where ordered by the
Inspector, the Permittee shall install signs, lights, flares, barricades, and other facilities for the sole
convenience, safety and direction of public traffic.
3/23/15 Town of Tiburon — PW Permit Conditions — Permit No. 2 of 4
(f) Where directed by the Inspector, the Permittee shall provide and station, at Permittee's expense,
competent flag -persons whose sole duties shall consist of directing the movement of public traffic
through or around the work.
(g)
Pedestrian access shall be maintained and provisions for ADA accessibility shall be required. (Any
blockage of public right of way must comply with the Public Works policy regarding disabled access;
see handout)
13. EROSION AND SEDIMENT CONTROL MEASURES: The Permittee is obligated to insure compliance with
all applicable stormwater regulations at all times. The BMPs (Best Management Practices) according to the
Marin County Stormwater Pollution Prevention Program (MCSTOPPP) and Stormwater Best Management
Practice Handbook Construction BMP Fact Sheets shall be implemented and maintained to effectively prevent
the potentially negative impacts on this project's construction activities on stormwater quality.
Stockpiles of soil, material, and wastes shall be properly contained and covered to minimize sediment transport
from the site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or wind.
14. CLEAN UP: Upon completion of daily work the Permittee shall clean the right-of-way of all rubbish,
construction debris, trees, brush, excess materials, temporary structures and equipment.
15. SAFETY:
(a) The Permittee shall be completely responsible for the conditions of the job site, including safety, and
shall not be limited to normal working hours. Work and Safety provisions shall conform to all
applicable Federal, State, and local laws, ordinances, and codes, and to the rules and regulations
established by the California Division of Industrial Safety applicable to the work.
(b) The services of the Inspector in conducting construction review of the Permittee's performance is not
intended to include review of the adequacy of the Permittee's work methods or safety measures, in, on,
or near the construction site, and shall not be construed as supervision of the actual construction nor
make the Inspector or the Town responsible for providing a safe place for the performance of work by
the Permittee, or subcontractors; or for access, visits, use work, travel or occupancy by any person.
The Permittee shall carefully instruct all personnel working in potentially hazardous work areas as to
potential dangers and shall provide such necessary safety equipment and instruction as is necessary to
prevent injury to personnel and damage to property.
(c)
(d) Shoring and Trench Safety Plan - Attention is directed to the Civil Code of the State of California, the
State Labor Code, and the State of California Division of Industrial Safety.
16. PROTECTION OF PERSON AND PROPERTY: The Permittee shall take whatever precautions are necessary
to prevent damage to all existing improvements, including above ground and underground utilities. If such
improvements or property are damaged by reason of the Permittee's operations, they shall be replaced or
restored to a condition equal to or greater than what existed prior, at the Permittee's expense, without delay.
17. RESPONSIBILITY FOR REPAIR OF FACILITIES: All public or private facilities and improvements to
remain, including but not limited to structures, telephone cables, roadways, curbs, gutters, parking lots, private
drives, and storm drains disturbed during construction of the work shall be repaired and/or replaced by the
Permittee to match facilities existing prior to construction. In addition, the Permittee shall be responsible for any
settlement damage to such facilities or adjoining areas for a period mentioned in Item 11— "Guarantee" after
acceptance of such required facilities. In the event the Permittee refuses or neglects to make good any loss or
damage for which he is responsible under this Permit, the Town may itself, or by the employment of others,
make good any such loss or damage, and all cost and expense of doing so shall be charged to the Permittee.
18. CONTRACTOR'S LICENSE NOTICE: Contractors are required by law to be licensed and regulated by the
Contractor's State License Board.
3/23/15 Town of Tiburon — PW Permit Conditions — Permit No. 3 of 4
19. PRIVATE IMPROVEMENTS: Any private improvements to be installed on Town right-of-way as part of this
permit shall be continuously maintained to a safe, clean, and serviceable level, and that the Permittee agrees to
remove said improvements at the Permittee's expense in the event that the Town requests such removal at its
discretion.
20. NO PRECEDENT ESTABLISHED: This permit is granted with the understanding that this action is not to be
considered as establishing any precedent on the question of the expediency of permitting any certain kind of
encroachment. All encroachment permits are revocable at any time by the Town Engineer.
21. INDEMNITY: The Permittee specifically obligates himself and hereby agrees to protect, hold free and
harmless, defend and indemnify the Town, the Engineer and his consultants, and each of their officers,
employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action,
claims or judgments, including attorney's fees, which arise out of or are in any way connected with the (a) the
Town's issuance of this Permit; or (b) the Permittee's, his Contractor's, or his subcontractors' or suppliers'
performance of work under this Permit. To the extent legally permissible, this indemnity and hold harmless
agreement by the Permittee shall apply to any acts or omissions, whether active or passive, on the part of the
Permittee or his agents, employees, representatives, or Subcontractor's agents, employees and representatives,
resulting in liability irrespective of whether or not any acts or omissions of the parties to be indemnified
hereunder may also have been a contributing factor to the liability. Unless waived by the Town Attorney,
Permittee shall include the Town, the Engineer and his consultants, and each of their officers. employees and
agents as additional insured's on their policy with primary and non-contributory coverage: all insurance
documents shall be submitted to the Town prior to work commencing. Applicant agrees to indemnify, defend
and hold harmless the Town of Tiburon, and its employees, agents and officials form any claims, losses or
damages that may arise from (a) the Town's issuance of this encroachment permit or any other permit issued to
applicant; and (b) Applicant's exercise of this encroachment permit and any other permit granted by the Town.
Proof of insurance is required upon request.
22. OTHER:
Permittee(s): J o E4 N M1:P-Tc-•1 C�'l
Print name Initial
Print name Initial
3/23/15 Town of Tiburon — PW Permit Conditions — Permit No. 4 of 4
TOWN OF TIBURON
1.505 Tiburon Boulevard
Tiburon, CA 94920
MEMORANDUM
Date: April 18, 2016
To: Planning
From: Public Works; Dmitriy Lashkevich
Subject: 1860 Mountain View Dr
Encroachments
The property boundary appears to be incorrectly shown on the plans. It is advised that the
applicant consult with a licensed surveyor to specify the location of the property line and revise
their plans accordingly. The Department of Public Works objects to fence, gate or structural
encroachments because such encroachments may privatize portions of the public right of way.
TowN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
MEMORANDUM
Date: May 4, 2016
To: Planning
From: Public Works; Dmitriy Lashkevich
Subject: 1860 Mountain View Dr
Incompleteness Items
As stated in the initial transmittal; the Department of Public Works objects to the proposed fence,
gate and structural encroachments. The proposed encroachments are in conflict with the Town's
policy, Resolution No. 45-2014, which specifies impermissible purposes for encroachment permit
work include constructing encroachments for the purpose of, or having the practical effect of,
privatizing the affected area for the exclusive use or benefit of the property owners. Revise plans
to remove the subject encroachments from the public right of way and resubmit.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
MEMORANDUM
Date: May 19, 2016
To: Planning
From: Public Works; Dmitriy Lashkevich
Subject: 1860 Mountain View Dr
Prior to Building Permit Issuance
1) An encroachment permit shall be required if any work is proposed within the public right of
way.
2) The new deer fence and its foundations shall be located entirely within the boundaries of the
subject property and shall not encroach into the public right of way.
Prior to Start of Construction or Building Permit Final
3) Documentation shall be provided to the Town Building Official to document and demonstrate
that the fence and its foundations are located entirely within the property and do not encroach into
the public right of way. Acceptable documentation is a stamped survey record or a certification
letter from a licensed surveyor describing how the property line was located and location of fence
relative to the right of way. The certification letter is required to be stamped and signed by the
surveyor.
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RESOLUTION NO. 17-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURO
ADOPTING AN AMENDED POLICY FOR THE PROCESSING, SCHEDULII
RECONSIDERATION, AND STORY POLE REPRESENTATION OF APPEALS
SUPERSEDING EXISTING POLICIES
WHEREAS, the Town receives and hears appeals from decisions of various
commissions, boards and administrative officials from time to time, and
WHEREAS, the Town Council has adopted various policies over the years with
respect to appeal procedures, scheduling, and reconsideration, including Resolutions Nos. 2878
and 3218 and Town Council Policy Nos. 95-01 and 2002-01; and
WHEREAS, the Town Council has determined that it is timely and appropriate to
update and consolidate these policies regarding appeals; and
WHEREAS, the Town Council has held a public meeting on this matter on March
17, 2010 and has heard and considered any public testimony and correspondence; and
NOW, THEREFORE, BE IT RESOLVED that Town Council Resolution No.
2878, Town Council Resolution No. 3218, Town Council Policy 95-01, and Town Council
Policy 2002-01 are hereby superseded by this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of
the Town of Tiburon does hereby adopt the following general policy with respect to processing,
scheduling, and reconsideration of appeals and for story pole installation for appeals.
APPEAL PROCEDURE
1. The Municipal Code sets forth instances when persons may appeal a decision by a review
authority (e.g. Town official, Design Review Board or Planning Commission) to the
Town Council. Any person making such an appeal must file a completed Town of
Tiburon Notice of Appeal form, available on the Town's web site and at Town Hall, with
the Town Clerk not more than ten (10) calendar days following the date of the decision
being appealed. Shorter time frames for filing an appeal apply to certain types of permits.
If the final day to appeal occurs on a day when Town Hall is closed for public business,
the final day to appeal shall be extended to the next day at which Town Hall is open for
public business. Appeals may not be revised or amended in writing after the appeal
period filing date has passed.
2. The appellant must submit filing fees with the Notice of Appeal form. Filing fees are set
forth in the Town's current adopted Fee Schedule.
(a) If the applicant is the appellant, the remainder of the filing fee (if any) will be
refunded following completion of the appeal process. Additional staff time or
costs to process an applicant's appeal is the financial responsibility of the
applicant and will be billed per the Town's current hourly rate schedule and/or at
actual cost if outside consulting is required.
(b) If the appellant is not the applicant, then a fixed amount filing fee is required with
no refund or additional billing required.
3. In the appeal form, the appellant shall state specifically either of the following:
(a) The reasons why the decision is inconsistent with the Tiburon Municipal Code or
other applicable regulations; or
(b) The appellant's other basis for claiming that the decision was an error or abuse of
discretion, including, without limitation, the claim that the decision is not
supported by evidence in the record or is otherwise improper.
If the appellant is not the applicant, the Town Council need only consider on appeal
issues that that the appellant or other interested party raised prior to the time that the
review authority whose decision is being appealed made its decision.
4. The appellant must state all grounds on which the appeal is based in the Notice of Appeal
form filed with the Town Clerk. Neither Town staff nor the Town Council need address
grounds introduced at a later time that were not raised in the Notice of Appeal form.
5. The procedure for presentation of the appeal at the Town Council meeting is as described
below. In cases where the applicant is the appellant, paragraphs (c) and (f) below would
not apply.
(a) Town Staff may make a brief (approximately 10 minute) presentation of the
matter and then respond to Town Council questions.
(b) Appellant and/or appellant's representative(s) may make a presentation of no more
than twenty (20) minutes and then respond to Town Council questions. Appellant
may divide up the twenty (20) minutes between various speakers or have only one
speaker, provided that the time limit is observed. Time devoted to responding to
Town Council questions shall not be included as part of the twenty (20) minute
time limit.
(c) Applicant and/or applicant's representative(s) may make a presentation of no more
than twenty (20) minutes and then respond to Town Council questions. Applicant
may divide up the twenty (20) minutes between various speakers or have only one
speaker, provided that the time limit is observed. Time devoted to responding to
Town Council questions shall not be included as part of the twenty (20) minute
time limit.
(d) Any interested member of the public may speak on the item for no more than
three (3) minutes. A speaker representing multiple persons (e.g., homeowner's
association, advocacy group or official organization, etc.) may speak on the item
for no more than five (5) minutes, at the discretion of the Mayor.
(e) Appellant is entitled to an up to three (3) minute rebuttal, if desired, of any
comments previously made at the hearing.
(f) Applicant is entitled to an up to three (3) minute rebuttal, if desired, of any
comments previously made at the hearing.
7. The testimony portion of the appeal hearing is closed and the Town Council will begin
deliberations on the appeal. There will be no more applicant, appellant, or public
testimony accepted unless requested by the Town Council.
8. If, following deliberation, the Town Council is prepared to make a decision on the appeal,
it will direct Town staff to return with a draft resolution setting forth the decision, and the
findings upon which it is based, for consideration at a future Town Council meeting. The
decision of the Town Council is not final until the resolution is adopted. Alternatively, if
the Town Council is not prepared to make a decision on the appeal, it may:
(a) Continue the appeal to a future date;
(b) Remand the item to the review authority from which it was appealed for further
hearing, review and action, with a specific description of the outstanding and
unresolved issues and appropriate direction thereon; or
(c) Refer the item to another review authority for its review and recommendations
prior to further Town Council consideration.
9. Following a final decision by the Town Council, Town staff will promptly mail a Notice
of Decision to the applicant and appellant.
RECONSIDERATION
If, after the Town Council has voted to direct staff to prepare a resolution of decision, significant
new information comes to light, which information was previously unknown or could not have
been presented at the appeal hearing due to circumstances beyond the parties' control and not due
to a lack of diligence, the Town Council may entertain a motion to reconsider its direction to
prepare a resolution of decision. Any such motion to reconsider must be made prior to adoption
of the resolution of decision, and the motion must be made by a Councilmember who voted on
the prevailing side in the vote sought to be reconsidered. Any Councilmember may second the
motion. The Town Council may consider and vote on the motion to reconsider at that time, and
if the motion carries, the matter shall be placed on a future agenda for further notice and hearing.
SCHEDULING OF APPEALS
1. The Town's policy is to schedule and hear appeals in an expeditious manner. Appeals
will generally be heard at the first regular Town Council meeting that is at least fifteen
(15) days after close of the appeal period. At the sole discretion of the Town Manager,
the Town may schedule the appeal for a subsequent Town Council meeting based on the
complexity of the matter, availability of key Town staff members and Councilmembers,
agenda availability, or unusual circumstances. Town staff will make reasonable efforts to
establish the hearing date for the appeal within three (3) working days of the close of the
appeal period. The Town Clerk, in coordination with appropriate Town staff, will
promptly advise all parties to the appeal of the selected hearing date.
2. The Town Manager will grant requests for continuances from the date established above
in the event that all parties to the appeal agree in writing to a date specific for the
continuance and that date is deemed acceptable by the Town Manager.
3. Attendance of parties to an appeal at the hearing is desired, but not required. The Town
Council will consider written comments or representation by others in lieu of personal
appearance.
STORY POLES
For appeals where story poles were erected for review of the original decision being appealed, a
story pole representation shall be required for the Town Council's appeal review process, as
follows:
1. A story pole plan showing the poles to be connected, including location and elevations of
poles and connections, shall be submitted, reviewed, and accepted as adequate by
Planning Division Staff prior to installation of the poles and connections.
2. Critical story poles, as determined by Staff, must be connected by means of ribbons,
caution tape, rope or other similar and highly visible materials clearly discernable from a
distance of at least three -hundred (300) feet in clear weather, to illustrate the dimensions
and configurations of the proposed construction.
3. Story poles and connecting materials must be installed at least ten (10) days prior to the
date of the appeal hearing before the Town Council.
4. Failure to install the poles and materials in a timely manner may result in continuance of
the public hearing date.
5. Story poles must be removed no later than fourteen (14) days after the date of final
decision by the Town Council.
APPLICABILITY
This policy, while primarily written for use by the Town Council, is intended to apply to the
extent practicable to Town decision-making bodies, other than the Town Council, which may
hear appeals from time to time. Be advised that certain types of appeals, such as appeals of staff -
level design review application decisions to the Design Review Board, may have different
deadlines for filing of the appeal than the ten (10) calendar days specified above.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on March 17, 2010, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks & O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Slavitz
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 17, 2016
Agenda Item: 3
STAFF REPORT
To:
From:
Subj ect:
Reviewed by:
Mayor & Members of the Town Council
Community Development Department
Review of Water Well Regulations; Title IV, Chapter 13F of the
Tib }t on Municipal Code
i
BACKGROUND
At its meeting of June 3, 2015, members of the Town Council approved an irrigation water well
application on property located at 4545 Paradise Drive on the slopes of Ring Mountain. The
application was opposed by neighboring property owners. The Council approved the permit but
requested that the Town revisit the water well regulations at a future meeting. Minutes of the
June 3, 2015 meeting are attached as Exhibit 1.
The Town first adopted water well regulations in 1991, codified as Chapter 13F of the Tiburon
Municipal Code (Water Well Regulation and Use). Chapter 13F was repealed and replaced in
1993 during a period of prolonged drought and a public water agency moratorium, when the
possibility of owners relying on a well for domestic drinking water purposes seemed quite real.
That fear proved unfounded, and staff is not aware of any homes in Tiburon that are not
connected to the public water system and rely on a water well for potable water. No applications
for potable water well have been filed since the ordinance rewrite in 1993. The current Town
ordinance and application form for water wells are attached as Exhibits 2 and 3, respectively.
ANALYSIS
Geologic Setting
The primary issues raised at the June 2015 meeting concerned fears by neighboring property
owners that the requested irrigation well could result in off-site impacts such as subsidence,
diversion of ground water flows, draining of an aquifer, impacts on wildlife, and so forth.
The geology of the Tiburon Peninsula (including the Ring Mountain area) is primarily that of the
Franciscan Assemblage (or melange), which is a chaotic mixture of various types of rock.
Franciscan melange and melange matrix, a zone of weak, intensely sheared rock that is a mixture
of serpentine, greenstone, sandstone, chart and other forms of rock, form the primary
underlayrnent of bedrock on the Tiburon Peninsula. This type of geology does not support the
traditional "aquifers" commonly associated with areas such as the California Central Valley or
Town Council Meeting
August 17, 2016
American Midwest. Typically, the steep slopes and shallow soils dominating the Tiburon
Peninsula minimize opportunities for rainfall infiltration and groundwater recharge. During the
rainy season, perched water tables can be created in colluvial wedges and landslide materials
common with melange geology. Pockets of groundwater can also collect in hollows and ravines
where the fractured rock formations allow. Springs or seeps are the traditional result of this type
of geology, as opposed to perennial streams or watercourses. In short, the Tiburon Peninsula is
far from an ideal geologic environment in which to drill for water. Staff believes that many an
approved well permit has resulted in a "dry hole", as was the case with the proposed well at 4545
Paradise Drive, and with the Town's own attempt to drill a well near Blackie's Pasture in 2004.
Occurrences of subsidence or diversion of ground water flows from water well drilling and
operation seem especially remote given the lack of traditional aquifers and the Peninsula's
geologic makeup.
The jumbled, highly -fractured and complex nature of the Peninsula's geology also inhibits even
the most skilled hydrologists and geologists from confident predictions as to the likelihood of
tapping into a reliable water source of sufficient volume to be useful, let alone the potential
effects on groundwater, springs or seeps. The Town has issued 20 water well permits since local
regulation began in 1991. No report from a hydrologist or geologist submitted as part of a
Tiburon well permit application has indicated that off-site impacts would result from drilling and
operation of the water well. Nor have there been any reports made to the Town of such impacts
after wells have been drilled. Given the Town's prevailing geology, it appears that work
performed closer to the surface (such as excavation related to home foundations, retaining walls
and similar improvements) is more likely to affect nearby water resources such as perched water
deposits, springs and seeps than water wells that are typically drilled from 100 to 300 feet deep.
Staff notes that the relevant finding for approval of a well permit is that:
The granting of the permit will not be detrimental to the health, safety or welfare, nor
injurious to other properties in the vicinity.
This type of finding is associated with regulations imposed pursuant to the "police power" vested
in California municipalities, and every municipal water well ordinance in Marin County contains
a similar finding. Absent indications to the contrary, there typically needs to be substantial
evidence presented in support of arguments that detrimental effects to health, safety or property
would result from adoption of a regulation of general applicability. Mere speculation or
unsubstantiated claims lacking factual support of that claim are ordinarily insufficient to
demonstrate detriment or injury. There is a great deal of deference afforded to the Town when
determining whether any well permit will not be detrimental to the health, safety or welfare.
Regulations of Other Marin Municipalities
Staff reviewed the well permit ordinances of the other Marin municipalities. Results of the
review are summarized below:
San Rafael ---Administrative permit issued by Marin County Public Health in consultation with
the San Rafael Public Works Department. Contains standard "health, safety and welfare"
TOWN OF TIM IRON
Page 2oE4
Town Council Meeting
August ]7, 2016
finding. No documentation required in ordinance regarding external effects of well on water
resources or nearby properties. Appeal to Council is possible for permit denials only.
San Anselmo---Administrative permit issued by Director of Public Works. Contains standard
"health, safety and welfare" finding. No documentation required in ordinance regarding external
effects of well on water resources or nearby properties. Appeal of decision by any person to
Council is possible. Special setback provisions apply to locations near San Anselmo Creek and
Sleepy Hollow Creek.
Fairfax ---Administrative permit issued by Town Manager. Ordinance requires a report by a
hydrologist or other recognized professional to assess impacts on surface water and groundwater.
Contains standard "health, safety and welfare" finding for all wells. Appeal to Council is
possible for permit denials only. Special setbacks apply to locations near Fairfax Creek and San
Anselmo Creek.
Mill Valley ---Administrative permit issued by Director of Planning and Building. Contains
standard "health, safety and welfare" finding. No documentation required in ordinance regarding
external effects of well on water resources or nearby properties. No appeal provisions specified.
Ross--- Administrative permit issued by Public Works Director. Contains standard "health, safety
and welfare" finding. No documentation required in ordinance regarding external effects of well
on water resources or nearby properties. Appeal of decision to Council is possible.
Belvedere ---Administrative permit issued by City Engineer. Contains standard "health, safety and
welfare" finding. No documentation required in ordinance regarding external effects of well on
water resources or nearby properties. Special setback required for Belvedere Lagoon and low
elevation areas to reduce risk of salt water intrusion. Appeal of decision to Council is possible.
Larkspur ---Essentially similar to the City of San Rafael regulations.
Sausalito--- Administrative permit issued by the City Engineer. Contains standard "health, safety
and welfare" finding. No documentation required in ordinance regarding external effects of well
on water resources or nearby properties. Appeal to Council is possible for permit denials only.
Primary Findings
> Tiburon appears to be the only municipality that requires Town Council approval for
water wells; all other municipalities utilize an administrative approval process.
> Tiburon and Fairfax appear to be the only municipalities that require a hydrologist or
geologist report to assess potential impacts on surrounding properties.
➢ Most communities seldom receive applications for water wells; some do not even have a
formal application form for such permits.
> Several of the municipal well ordinances appear to be based on a "model" ordinance of
unknown origin, based on the striking similarities common to them. Among them is the
ordinance for the City of Belvedere, a copy of which is attached as Exhibit 4.
TOWN OFTIBtURON Page 3 of 4
Town Council Meeting
August 17, 2016
Conclusion
Staff concludes that the Town's water well regulations require more processing and professional
review of potential impacts than is typical of other municipalities in the County. Town Council
approval for water wells is unique for this County. Subsequent to the 4545 Paradise Drive
application, staff has revised the Town's water well application form to require the hydrologist or
geologist report to specifically address possible adverse effects on water resources such as
springs, seeps and watercourses in addition to potential adverse impacts on adjoining properties.
Any such expert opinion offered may be heavily qualified; nevertheless, the requirement
represents a good faith effort of the part of the Town to disclose any such potential impacts.
Additionally, staff has clarified an applicant's duty to indemnify the Town and also requires the
applicant to indemnify the Town with counsel approved by the Town.
RECOMMENDATION
Staff recommends the Town Council:
1. Hear any public comment on this item.
2. Review and discuss the regulations and provide direction to staff.
Any suggested amendments to the Municipal Code regulations would require a separate public
hearing before the Town Council at a future date.
EXHIBITS
1. Excerpt of Town Council minutes of June 3, 2015.
2. Municipal Code Chapter 13F (Water Well Regulation and Use).
3. Current application form for Water Wells.
4. Copy of City of Belvedere water well ordinance.
Prepared by: Scott Anderson, Director of Community Development
TOWN OFTIBURON Page 4 of 4
attention. She said that in practice, if the ordinance unleased antagonism in the community, she
would seek Council's further direction.
Interim Attorney Epstein said that this type of ordinance is customary in municipalities and said
that the definitions, in his opinion, were not overbroad. He said that staff will take complaints
and exercise discretion as to what to pursue, and what to prioritize.
Councilmember Fraser said that he felt staff was professional and made good decisions. He said
that he agreed with the degree of discretion allowed by the ordinance, and that there was no need
to define anything more specifically.
MOTION: To adopt Consent Calendar Item No. 2, as written.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: O'Donnell
Council Discussion: CC -3: 4545 Paradise Drive Well Permit — Adopt resolution approving
application to install and operate a non -potable (irrigation) well for an existing single-family
dwelling (Assistant Planner O'Malley)
Property Owners: Matthew LeMerle and Allison Davis;
Applicant: Pederson Associates Landscape Architects
AP No. 038-141-16
Councilmember Fredericks said that the staff reported indicated that the Town had made the
findings necessary to approve the application; however, she said that there may be additional
considerations that should be part of the review process, namely the following: a) the drought
and what impacts a well would have; b) some residents have the necessary resources to drill
while others do not; c) we have no map of groundwater and its source; d) if it is appropriate to
take water from the Town's open space and possibly degradation of habitat. She gave an
example of the latter where an area (swale) of above -ground water that fed wildlife was
developed and the water dried up; also, examples of cisterns in neighborhoods that took away the
amount of run-off into local creeks.
Fredericks also asked about the visibility of the water tank and whether there was a risk to
downhill neighbors, in the event of an earthquake. She said that the Town's well ordinance did
not address these questions but perhaps it should if there is going to be a prolonged drought.
Vice Mayor Tollini agreed; she said the current application fit squarely under the Chapter 13F
guidelines, however, she said the question was how is 13F affected by the drought, and how does
it affect surrounding neighbors.
Town Council Minutes #12 -2015
June 3, 2015 Page 4
7
'7
7 T91 NO.
Councilmember Fraser concurred and asked if the matter should be continued. Planning
Manager Watrous noted that there were two issues in front of the Council — this particular
application, and any future amendments to the Town Code. Councilmember Fredericks asked if
the issues could be bifurcated. Attorney Epstein said they could be.
Council proceeded to hear the application for a well permit. Mayor Doyle opened the hearing to
public comment.
Matthew LeMerle, applicant, said that the some of the questions raised by the Council had been
addressed in his application and additional materials he had submitted. He said that he had
worked closely with Town staff and had done all the engineering work requested by the Town.
He noted that there was already a well on the property which had been capped in prior years that
had been used to irrigate their five acres. He described his history with MMWD and water usage
on his property. He said they currently use a drip irrigation system on two and a half acres, and
they are in the process of changing their landscaping to California native plants. He said their
goal was to reduce their [potable] water usage and re -install the irrigation well. He said that the
well would not been seen by anyone else and that they would be installing trellises to cover the
tank. He noted that a reduction in their usage would help the Town meet its water reduction
goals, and help him and his wife preserve one of the nicest properties in Tiburon. Mr. LeMerle
said that some of the letters sent to the Town by Cushing, Kim and Weiner, were inaccurate and
hurtful.
Larry Cushing distributed a photograph of the Council. Councilmember Fredericks asked what it
showed. Mr. Cushing said it showed the well site which was contrary to the applicant's
statement that it could be seen by any of the neighbors.
Mr. Cushing went on to say that the geotechnical engineer's report ignored the basic question of
whether a private individual should be able to tap the water affecting the open space. He said the
well will pull water off Ring Mountain and had the potential to affect the water supply of the
whole area. He asked why a professional would waive liability [in the report] and what the basis
for his statements on page 23-26 was.
Cushing asked why a storage tank was necessary for an irrigation well; he said he grew up on a
farm and that farms did not bother with tanks. He also said that there was no limit to the number
of trees the applicant could plant.
Robert Settgast, engineer, said he was asked to evaluate the geologic effects of the well and that
he had never seen any geological damage [from an irrigation well] in 25 years. He said that
further hydrological studies would be more involved and more expensive. He said that Mr.
Cushing's statements on his expertise were neither wise nor proper.
Councilmember Fraser said the discussion reminded him of the issues raised in the Town's view
ordinance. He said this issue needed more dialogue and possibly more specific direction to staff.
Town Council Minutes #12 -2015 June 3, 2015 Page 5
But he said it should not turn into a wild goose chase or witch hunt. He said the question in his
mind is whether the Town has enough information to approve the permit application.
Councilmember Fredericks said that she was prepared to approve the application. She said that
the Town cannot consider these comments under its current ordinance, which could be amended
to make it more specific.
Vice Mayor Tollini said that there might be research available that addresses whether wells affect
water tables and other properties, without the need for expensive hydrological studies and the
like.
Mayor Doyle commented that some improvements made to his uphill neighbor's property had
resulted in a disrupted water path on his property, leading to a die -off of oak trees on his
property.
Mr. Cushing said that this proved there were viable concerns about what was being done at 4545
Paradise Drive.
Interim Attorney Epstein said that the Town's Finding D [in the application] stated that it should
not be "...injurious to other properties in the vicinity". So he said the geotechnical report that
relates to the issue of subsidence addresses that. He said what Mr. Cushing is asking is whether
it is possible to calculate other possible affects; he said the Council can either accept the report,
as submitted, or ask for additional findings. He also commented whether it is possible for the
Town to reasonably find out more, noting that it might be very expensive.
Mayor Doyle said that no report can tell us what will happen if the drought worsens.
Epstein reported that Town Manager Curran had asked him whether the Town might place a
condition on approval of this permit. Epstein said that such language might be included which
states that the permit could be revoked by the Town if information was presented to the Town
which demonstrates a serious adverse impact has occurred.
Mayor Doyle asked whether the condition might limit usage. Councilmember Fredericks said
that it might include adverse impacts to habitat, not just subsidence. Councilmember Fraser
noted that the burden of proof would be on the surrounding properties.
Planning Manager Watrous proposed adding some language to the permit that would address
effects on water quality or quantity, geological conditions, and habitat. Councilmember Fraser
said that it seemed too open-ended and asked if the burden should be placed on the applicant to
prove otherwise.
Watrous said his statement presupposed that the allegations would have to be proven by the
complainant. Attorney Epstein said that under general nuisance law, it was probably appropriate
to put the burden on the complainant.
Town Council Minutes #12 -2015 June 3, 2015 Page 6
Town Manager Curran said that if the permit was approved without conditions, it could be
difficult for the Town to revoke the permit regardless of what occurred. A condition would
provide recourse to the neighbors if, regrettably, there was an adverse impact as a result of the
well and give the Town the clear ability to revoke the permit if appropriate.
Councilmember Fredericks asked if adding such a condition would give weight to a civil action.
Attorney Epstein said it would not.
Mr. Watrous re -read the proposed language [adding Condition No. 8 to the resolution]:
8. "This permit is subject to revocation by the Town Council if there is demonstrated
evidence of substantial adverse impacts on properties in the vicinity, including impacts on
water quality or quantity, geological conditions and/or biological habitat."
MOTION: To adopt an amended resolution approving the well permit application with the
added condition, as stated, and to revisit the Town's ordinance at a future date.
Moved: Tollini, seconded by Fredericks
Vote: AYES: Doyle, Fredericks, Tollini
ABSTAIN: Fraser
ABSENT: O'Donnell
Mayor Doyle stated that his "yes" vote was due, in part, to the fact that there had been an existing
well (and water storage tank) in that location.
ACTION ITEMS
1. Appointments to Boards, Commissions & Committees — Consider appointment to fill
pending vacancy on Library Agency Board of Trustees (Town Clerk Crane Iacopi)
Town Clerk Crane Iacopi said that Library Trustee Tom Gram, one of the Town's appointees to
the Library Board, had served one term and sought reappointment to another term, beginning July
1, 2015. She also informed the Council of existing vacancies on the Heritage & Arts
Commission and applications received to date.
MOTION: To reappoint Tom Gram for another term on the Library Agency Board of
Directors; to direct staff to advertise and continue to accept applications, and
schedule interviews, for the vacancies on the Heritage & Arts Commission.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: O'Donnell
Town Council Minutes #12 -2015
June 3, 2015 Page 7
ORDINANCE NO. 392 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING CHAPTER 13F
OF THE TIBURON TOWN CODE AND ADOPTING A
NEW CHAPTER 13F OF THE TIBURON TOWN CODE
(WATER WELL CONSTRUCTION AND USE)
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. CHAPTER 13F REPEALED.
Chapter 13F of the Tiburon Municipal Code, as adopted by Ordinance No. 367
N.S., is hereby repealed.
SECTION 2. CHAPTER 13F ADDED.
A new Chapter 13F is hereby added to the Tiburon Municipal Code to read as
follows:
CHAPTER 13F
WATER WELL CONSTRUCTION AND USE
Sections:
13F-1 Purpose
13F-2 Definitions
13F-3 Permit Required
13F-4 Application for Permit
13F-5 Findings for Approval
13F-6 Conditions of Approval
13F-7 Well Permit Certificate
13F-8 Suspension or Revocation of Permit
13F-9 Variances
13F-10 Inspection and Right of Entry
13F-11 Completion Reports
13F-12 Penalty for Violations
�_iy`1NO.a
i
IP -
01
Section 13F-1. Purpose.
It is the purpose of this chapter to provide for the construction, maintenance,
use, repair, modification and destruction of wells in such a manner that the
groundwater of the Town will not be contaminated or polluted, and that water obtained
from wells will be suitable for beneficial use and will not jeopardize the health, safety or
welfare of the users of the well or the other residents of the Town.
It is further the purpose of this chapter, in the case of potable water wells, to
offer a temporary, alternative method of water supply to serve properties unable to be be
served by the public Water District.
Section 13F-2. Definitions.
The terms used in this ordinance shall have the same meaning as that in Chapter
10 of Division 7 of the California Water Code and the Department of Water Resources
Bulletin 74-81 and any subsequent supplements or revisions. In addition, the following
definitions shall be applicable for purposes of this chapter:
(a) "Cathodic protection well" shall mean any artificial excavation constructed
by any method for the purpose of installing equipment or facilities for the
protection electrically of metallic equipment in contact with the ground.
(b) "Council" shall mean the Town Council of the Town of Tiburon.
(c) "Enforcement Agency" shall mean the Marin County Environmental Health
Services.
(d) "Monitoring well" shall mean a well used exclusively for monitoring or
sampling the conditions of a water -bearing aquifer, such as water pressure,
depth, movement or quality.
(e) "Person" shall mean any individual, person, firm, corporation or other
legal entity.
(f) "Planning Director" shall mean the Planning Director of the Town of
Tiburon or his designee.
(g) "Potable water" shall mean water complying with physical, bacteriological
and chemical standards established by the California Department of
Public Health and United States Environmental Protection Agency.
(h) "Water District" shall mean the Marin Municipal Water District.
(i) "Water Well" shall mean any artificial excavation constructed by any
method for the purpose of extracting water from or injecting water into the
underground.
1
(j) "Well Permit Certificate" shall mean a document signed by the Planning
Director certifying that certain specific requirements for issuance of a well
permit have been fulfilled.
(k) "Well Standards" shall mean the standards for the construction, repair,
reconstruction or abandonment of wells as set forth in California
Department of Water Resources Bulletin 74-81 and any supplements or
revisions thereto.
Section 13F-3. Permit Required.
No person shall dig, bore, drill, deepen, modify, repair or destroy a water well,
cathodic protection well, monitoring well or any other excavation that may intersect
ground water without first applying for and receiving a permit as provided in this
chapter. The only exception is if emergency work is necessary to restore or maintain
potable water supplied by a well. In such case, the person responsible for the emergency
work shall apply for a permit within three (3) working days after commencing the
emergency work.
Section 13F-4. Application for Permit.
(a) Applications for well permit shall be submitted to the Planning Director
on a form or forms prescribed by the Town. Application forms are
available at the Planning Department, and shall list information and
material required to file the application. A filing fee will be assessed as
established by resolution of the Council.
(b) Once a completed application is submitted, the Planning Director shall
place the matter on the agenda for Town Council review and action. The
Town Council may approve, deny, or modify the application, or may
continue the application for further consideration.
Section 13F-5. Findings for Approval.
(a) In order to approve an application for well permit, the Council shall make
the following findings:
The owner is currently prevented from connecting to the Water
District's system due to a moratorium (NOTE: This finding applies
to potable water wells only).
(2) The owner has provided a written opinion from a geologist,
hydrologist, or other qualified person that the water supply of the
well will remain reasonably intact during drought periods (NOTE:
This finding applies to potable water wells only).
(1)
(3) The granting of the permit will not be detrimental to the public
health, safety or welfare, nor injurious to other properties in the
vicinity.
Section 13F-6. Conditions of Approval.
(a) In approving a well permit application, the Council shall impose the
following conditions:
(1)
No well -related work shall be commenced until such time as the
Planning Director has issued a Well Permit Certificate, as set forth
in Section 13F-7 of this chapter.
(2) The well shall meet all applicable well standards adopted by this
chapter and Chapter 7.28 (or its successor) of the Marin County
Code and any regulations adopted by the County pursuant thereto.
(3) The well shall meet all requirements of the Water District.
(4) Owner shall be required to obtain all zoning and building permit
approvals required by the Town's ordinances which are necessary
for the well or any of its appurtenances, such as water storage
containers.
(5)
An unexercised well permit shall expire six months after its
approval unless extended for good cause. One such extension for
up to six months may be granted by the Town Manager.
(b) In approving a permit for a potable water well, the Council shall impose
the following conditions in addition to those specified in subsection (a)
above:
(1) Owner agrees to connect to the Water District as soon as possible.
(2) The well shall serve no more than two adjoining dwellings.
(3) Owner shall provide for regular water testing on a recurring basis
as may be required by the enforcement agency.
(c) The Council may impose additional conditions of approval which will
ensure compliance with the objectives of this chapter.
Section 13F-7. Well Permit Certificate.
Prior to issuance of a well permit certificate by the Planning Director, owner
shall provide the following:
(a) In the case of applications for non -potable water wells:
(1) The name, address, and telephone number of the person who will perform
the work, as well as proof of a valid license held by that person to perform
the work.
(2) A certificate satisfying the requirements of Section 3800 of the Labor Code
(Workers Compensation).
(b) In the case of potable water wells, the following items shall be required in
addition to those listed in subsection (a) above:
(1) Owner shall provide a written certification from the Fire Marshal of the
appropriate fire district that the well and water system will have sufficient
storage capacity and water pressure to satisfy on-site fire containment
needs, including sprinklers.
(2)
An agreement, on behalf of himself and all successors in interest,
indemnifying, defending, and holding harmless the Town in the event of
any future inadequate supply of potable water resulting from any cause.
Such agreement shall be approved by the Town Attorney and recorded by
the Town.
(3) Evidence that a statement, written to the satisfaction of the Town Attorney,
has been recorded on the title of the affected property, which statement
shall contain the following disclosure:
As of this recording date, this property is served by a private water
well and is not connected to the public water system. In the event
the well fails, there is no assurance that the property will be able to
connect to the public water system. Information concerning the
current status of this property relative to the public water system is
available from the Marin Municipal Water District.
Section 13F-8, Suspension or Revocation of Permit.
(a) The enforcement agency may suspend or revoke any permit issued
pursuant to this chapter, whenever it finds that the permittee has violated
any of the provisions of this chapter or conditions of the permit, or has
misrepresented any material fact in the application and supporting
documents. Prior to ordering any suspension or revocation, the head of
the enforcement agency or his designated representative shall give the
permittee an opportunity for a hearing.
(b) A person whose permit has been revoked or suspended and who appeared
at a hearing before the head of the enforcement agency, may appeal that
decision to the Council. Any such appeal must be filed in writing with the
Town Clerk within ten days after such suspension or revocation. The
appeal shall be set for hearing by the Council at the earliest practicable
time. The Council may affirm, reverse or modify the decision of the
enforcement agency.
Section 13F-9. Variances.
The enforcement agency may grant a variance from any provision of the well
standards if a strict interpretation of the standards would lead to unnecessary hardship.
Any variance granted shall be consistent with the purpose and intent of the well
standards.
Section 13F-10. Inspection and Right of Entry,
(a) The enforcement agency may make inspections of each proposed drilling
site prior to commencement of work, prior to sealing of the annular seal at
completion of the work and at any other time deemed appropriate.
(b) Representatives of the enforcement agency shall have the right to enter
upon the premises where a well is located at all reasonable times to make
inspections and tests for the purpose of enforcing this chapter. The
representative shall first make a reasonable effort to seek permission to
enter from the person in possession or control of the premises. If entry is
refused, the representative shall have recourse to any legal course of action
to secure entry.
Section 13F-11. Completion Reports.
The contractor shall provide the enforcement agency a completion report within
thirty days of the completion of any well construction, reconstruction or destruction job.
Section 13F-12. Penalty for Violations.
(a) Any person who violates any provision of this chapter shall be guilty of a
misdemeanor and upon conviction shall be subject to punishment not to
exceed that set forth in Government Code Section 36901.
(b) Violations of this chapter may also be redressed through appropriate civil
action including, but not limited to, injunctive relief, cost recovery or
nuisance abatement.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed
severable and shall not affect the validity of the remaining portions of the Ordinance.
The Town Council of the Town of Tiburon hereby declares that it would have passed this
Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that any one or more other sections., subsections, sentences, clauses or phrases may
be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance is to take effect and be in force at the expiration of thirty (30)
days from and after its passage, and before the expiration of fifteen (15) days after its
passage, the same, or its legally required equivalent, shall be published with the names
of the members voting for and against the same at least once in a newspaper of general
circulation published in the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on March 3, 1993, by the following vote:
AYES: COUNCILMEMBERS: Friedman, Nygren, Thayer, Thompson,
Kuhn
NOES: COUNCILMEMBERS: None
ABSENT: COTJNCILMEMBERS: None
ALVIN R. KUHN, MAYOR
Town of Tiburon
ATTEST:
C.
HERESE M. E NESSY, TO CLERK
Planning Division (415) 435-7390
www.townoftiburon.org
APPLICATION REQUIREMENTS FOR
WATER WELL
As regulated by Title IV, Chapter 13F of the Tiburon Municipal Code
The following materials shall be submitted with an application for Water Well:
Non -Potable (irrigation) Water Well
A. Forms/Fees. A Land Development Application form and filing fee deposit
($880* for a non -potable water well and $1,490k for a potable water well).
B. Site Plan. Two (2) full-size sets and eight (8) reduced (11" x 17") sets of a
Site Plan of the property on which the well is proposed to be located, showing
the location of the proposed well and including the following items: property
lines, structures, trees, sewage disposal systems, all intermittent or perennial
natural or artificial water bodies or water courses, the general drainage
pattern, and any existing wells.
C. Hydrologist or Geologist's Report. A report prepared by hydrologist, geologist
or other qualified person describing possible adverse effects, if any, of the
proposed well installation and operation on nearby water resources (springs,
seeps, watercourses) and on adjoining properties.
D. Project Narrative. A narrative describing in detail the proposed well (including
proposed depth and whether use of the well will be potable or non -potable)
and any facilities appurtenant to the well that are proposed at this time,
including storage tanks, mechanical pumps, etc., that might generate noise or
be visible from off-site. In the narrative and on the Site Plan, describe the
proposed method of access to drill the well, and identify point(s) of entry and
exit for any drilling rigs or other heavy equipment proposed to install the well.
Describe any unusual circumstances associated with the installation or
operation of the well on this property that could have adverse effects on
properties in the vicinity.
E. MMWD letter. A letter of conditional approval from the Marin Municipal Water
District.
F. Contractor's License and Certificate. A copy of the contractor's license from
the well -driller who will be performing the work, plus verification of their
Workers Compensation Certificate.
*Fees subject to periodic amendment. Fees listed are as of the date of this form.
Revised 8/3/2016
Page 1 of 4
1: -IIBIT NO. 3
Potable (Drinking) Water Well
In addition to all of the above -listed items, the following must be submitted with an
application for potable water well (see Exhibit A below for additional information):
G. Fire Protection District approval letter.
H. Indemnification Agreement.
I. Disclosure Statement.
Once accepted as complete, and following mailed notice to adjoining parcel owners, the
water well application will be scheduled for consideration at a Town Council meeting.
FINDINGS REQUIRED FOR APPROVAL
In order to approve a permit for a water well to be used for non -potable purposes, the
Town Council shall make the following findings:
• The granting of the permit will neither be detrimental to the public health, safety
or welfare, nor injurious to other properties in the vicinity.
In order to approve a permit for a water well to be used for potable (drinking) purposes,
the Town Council shall make the following additional findings:
• The owner is currently prevented from connecting to the public water system due
to a moratorium.
• The owner has provided a written opinion from a geologist, hydrologist, or other
qualified person stating that the water supply of the well will remain reasonably
intact during drought periods.
CONDITIONS OF APPROVAL
In approving a permit application for a water well to be used for non -potable purposes,
the Town Council shall impose (at a minimum) the following conditions:
• No well -related site work shall commence until such time as the Director of
Community Development has issued a Well Permit Certificate pursuant to Title
IV, Chapter 13F, Section 13F-7, of the Tiburon Municipal Code.
• The well shall meet all applicable well standards adopted by this Chapter and
Chapter 7.28 (or any successor sections) of the Marin County Code and any
regulations adopted by the County of Marin pursuant thereto.
• The well shall meet all requirements of the Marin Municipal Water District.
Revised 8/3/2016 Page 2 of 4
• Owner shall be required to obtain all zoning and building permit approvals
required by the Tiburon Municipal Code for installation of the well and any related
components (such as water storage tanks and pumps).
• An unexercised well permit shall expire six (6) months after its approval unless
extended for good cause. One such extension for up to six (6) months may be
granted by the Town Manager.
In approving a permit application for a water well to be used for potable purposes, the
Town Council shall impose the following conditions in addition to those specified above:
• Owner agrees to connect to the public water system as soon as possible.
• The well shall serve no more than two adjoining dwellings.
• Owner shall provide for regular water testing on a recurring basis as may be
required by the enforcement agency or agencies.
The Town Council may impose additional conditions of approval that will ensure
compliance with the objectives of Title IV, Chapter 13F of the Tiburon Municipal Code.
EXHIBIT A
(Additional Information on Required Items for Potable Water Wells)
1. Fire District Letter. The applicant shall provide a letter from the Fire Marshal of
the appropriate fire protection district certifying that the well and water system will
have sufficient storage capacity and water pressure to satisfy on-site fire
containment needs, including sprinklers.
2. Indemnification Agreement. The property owner shall submit a fully -executed
agreement, on behalf of himself and all successors in interest, indemnifying,
defending, and holding harmless the Town of Tiburon and its officers and
employees, in the event of any future inadequate supply of potable water
resulting from any cause. Such agreement shall be approved by the Town
Attorney and recorded by the Director of Community Development for the benefit
of the Town of Tiburon following approval of the Well Permit.
3. Disclosure Statement. Evidence that a fully -executed statement, written to the
satisfaction of the Town Attorney, has been prepared and submitted to the Town
in recordable format for recordation by the Town on the title of the affected
property following approval of the Well Permit, which statement shall contain the
following disclosure:
"As of this recording date, this property is served by private water well and is
not connected to the public water system. In the event the well fails, there is
no assurance that the property will be able to connect to the public water
system. Information concerning the current status of this property relative to
the public water system is available from the Marin Municipal Water District."
Revised 8/3/2016 Page 3 of 4
WATER WELL APPLICATION CHECKLIST
NON -POTABLE (IRRIGATION) WELL
Application Form & Fee Letter from MMWD
Project Narrative Copy of Contractor's License
Drawings (2 full; 8 reduced) Copy of Workers Comp. Certificate
Geologist/Hydrologist Report
POTABLE (DRINKING) WELL
All of the above, plus:
Fire Protection District Approval Letter
Indemnification Agreement
Disclosure Statement
STAFF NOTES:
S:1Planning1Forms1Current Formslwater well submittal requirements.doc
Revised 8/3/2016 Page 4 of 4
City of Belvedere
Chapter 8.32
WATER WELLS
Sections:
832.010 Purpose of provisions.
8.32.020 Policy.
8.32.030 Definitions.
8.32.035 Design standards.
8.32.040 Permit—Required for construction or remodeling.
8.32.050 Permit—Application requirements—Fees.
8.32.060 Permit—Issuance conditions.
8.32.070 Permit—Processing—Filing and recordation.
8.32.075 Common water supply restriction.
8.32.080 Inspection—Building inspector authority.
8.32.090 Building permit issuance prohibited when.
8.32.100 Enforcement—Notice of violation—City Engineer authority.
8.32.110 Appeal procedures—City Council authority.
8.32.120 Violation.
8.32.130 Abatement of nuisance.
8.32.010 Purpose of provisions. The purpose of this Chapter is to protect
groundwater and surface water by regulating the construction, placement, reconstruction
and remodeling of water wells, water supply sources and test holes within the City. (Ord.
90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part), 1977; prior code § 23A.010.)
8.32.020 Policy. A. The council finds that improperly constructed, operated or
maintained water wells and water supply sources can affect the public health adversely.
B. Consistent with the duty to safeguard the public health and welfare of the
City, it is declared to be a policy of the City to require the location, construction and
repair of water wells and other water systems to conform to California State Department
of Water Resources Standards as noted in DWR Bulletin Numbers 74-81 and 74-90 and
as required in California Water Code Section 13801. Additionally, all rules and
regulations established by Marin County Code #2598 and contained in Section I, Chapter
7.28 (except Sections 7.28.020, 7.28.022, 7.28.026, 7.28.027, and 7.28.045) shall apply,
copies of which will be on file in the building department. (Ord. 90-2 § 1 (part), 1990;
Ord. 77-4 § 1 (part), 1977; prior code § 23A.020.)
8.32.030 Definitions. A. "Approved water system" means a water system for
human consumption which has been inspected, approved, and has a permit issued by the
City, meeting the standards of Department of Water Resources Bulletin No. 74 and which
meets the permit requirements by the City and complies with the physical, bacteriological
and chemical standards established by the State Department of Public Health and the
United States Environmental Protection Agency.
E%rIIIBIT NO. 1+
B. "Construction of water wells" means all acts necessary to obtain
groundwater by wells, including the location and excavation of the well, and including
the installation of pumps and pumping equipment.
C. "Groundwater" means that part of the subsurface water which is in the
zone of saturation.
D. "Health hazards" means any conditions, devices or practices in the water
supply system and its operation which create, or may create, a danger to the health and
well-being of any person.
E. "Surface water" means water that is derived either from natural or
manmade stream flow or impoundment above zone of saturation.
F. "Water system" means any water source, treatment facility, storage
facility, or distribution system.
G. "Well" means any excavation that is drilled, cored, bored, washed, driven,
dug, jetted or otherwise constructed when the intended use of such excavation is for the
location, extraction, or artificial recharge of groundwater.
H. "Adequate water" means the minimum amount of water supplied from a
source or sources for domestic purposes for a proposed use or uses as established in the
current "Rules and Regulations for Establishing Minimum Domestic Water Supply
Requirements Pursuant to City of Belvedere Ordinance No. 90-2 adopted by the City
Council.
I. All definitions contained in California Department of Water Resources
Bulletin Numbers 74-81 and 74-90 and Chapter 7.28 of Section I of the Marin County
Code apply. (Ord. 90-3 § 1 (part), 1990; Ord. 90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part),
1977; prior code § 23A.030.)
8.32.035 Design standards. The design and construction of domestic water
systems shall be in accordance with the current "Rules and Regulations for Establishing
Minimum Domestic Water Supply Requirements" pursuant to the Belvedere Municipal
Code; State Department of Water Resources Regulations contained in DWR Bulletin 74-
81 and 74-90; and applicable regulations contained in County Code Section I Chapter
7.28 or subsequent revisions. (Ord. 90-2 § 1 (part), 1990.)
8.32.040 Permit—Required for construction or remodeling. No person shall
construct or remodel a well without first submitting an application to, and receiving a
permit from the City Engineer. (Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976;
Ord. 77-4 § 1 (part), 1977; prior code § 23A.040.)
8.32.050 Permit—Application requirements—Fees. All applications for approval
shall be on a form prescribed by the City Engineer. (Ord. 90-2 § 1 (part), 1990; Ord. 76-
3 § 1 (part), 1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.070.)
8.32.060 Permit—Issuance conditions. A. If, after investigation, the City
Engineer, after consultation with the building inspector, planning staff and county health
officer, determines that the proposed work is in accordance with the purpose of this
Chapter, is an approved water system and will not be injurious to the public health, safety
or welfare, and after the applicant agrees to all conditions contained in the City's waiver
and indemnity agreement by signing said agreement, he shall approve the application and
issue a permit upon payment in the amount of three hundred fifty dollars.
B. If an application should require more than an allowed time of three hours
to review by City staff members, or unusual conditions develop requiring more than three
inspections of a well site, the permit applicant/ permit holder shall be liable for additional
fees to be determined by the City.
All lab testing for bacteriological, general mineral, inorganic chemicals, and
general physical analysis shall be paid by the permit holder. (Ord. 91-3 § 1, 1991; Ord.
90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976; Ord. 77-4 § 1 (part), 1977; prior code §
23A.050.)
8.32.070 Permit—Processing—Filing and recordation. A copy of each permit
issued hereunder shall be filed with the Marin Municipal Water District, and a copy shall
be recorded with the Marin County recorder. Such copies shall describe the property on
which the well is located. (Ord. 90-3 § 1 (part), 1990; Ord. 90-2 § 1 (part), 1990; Ord. 77-
4 § 1 (part), 1977; prior code § 23A.080.)
8.32.075 Common water supply restriction. All lots to be served by a common
water supply shall be contiguous and the source shall be on one of them. (Ord. 90-2 § 1
(part), 1990.)
8.32.080 Inspection—Building inspector authority. A. The building inspector or
his designee is authorized to inspect any water well, abandoned water well, water system
or pump installation, and may, at reasonable times, enter upon and shall be given access
to any premises for the purpose of such inspection.
B. Upon the basis of such inspection, if the building inspector or his designee
finds that any laws have not been complied with, or that a health hazard exists, he shall
disapprove the well, water system or pump installation. If disapproved, no such well,
water system or pump installation shall thereafter be used until brought into compliance
and any health hazard is eliminated. (Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part),
1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.090.)
8.32.090 Building permit issuance prohibited when. A. Nothing herein shall be
construed to allow the issuance of a building permit without full compliance with the
provisions of Chapters 13.16 and 16.04 of this Code.
B. No permit shall be issued for any well within fifty feet of the Belvedere
Lagoon, or at an elevation of ten feet mean sea level or less at the surface, unless the
depth of the well is sufficient, or other provisions have been made, in the opinion of the
City Engineer, to prevent salt -water intrusion into the local groundwater table. (Ord. 90-3
§ 1 (part), 1990; Ord. 90-2 § 1 (part), 1990; Ord. 77-4 § 1 (part), 1977; prior code §
23A.060.)
8.32.100 Enforcement—Notice of violation—City Engineer authority. A.
Whenever the City Engineer has reasonable grounds for believing that there has been a
violation of this Chapter, applicable state laws or any other relevant law or code, he shall
give written notice to the person or persons alleged to be in violation. Such notice shall
identify the provisions of law alleged to be violated and the facts alleged to constitute
such violation.
B. Such notice shall be served by firmly affixing a copy of such notice in a
prominent place on the premises and mailing a copy thereof, attested to by a written and
signed proof of service, to the owner at the address shown on the last County assessment
roll as provided to the City on an annual basis by the County Assessor/Recorder, or to
such mailing address as is provided to the City in writing by the property owner, or to the
lessee, agent or representative, or other person in charge of the premises. The notice may
be accompanied by an order of the City Engineer requiring described remedial action,
which, if taken within the time specified in such order, is not to exceed thirty days. Such
order shall become final unless a request for hearing, as provided in Section 8.32.110, is
made within ten days from the date of service of such order. (Ord. 2006-9 § 3, 2006; Ord.
90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part), 1976; Ord. 77-4 § I (part), 1977; prior code §
23A.100.)
8.32.110 Appeal procedures—City Council authority. A. Person Entitled to
Hearing. Any applicant or person aggrieved by any determination, decision, permit
denial or issuance or similar action taken by the City Engineer under the provisions of
this Chapter may appeal the action to the City Council.
B. Form, Time for Filing. Appeals shall be addressed to the City Council in
writing, and shall state the basis of the appeal. Appeals shall be filed in the office of the
City Clerk within ten days after notification of the action or decision from which an
appeal is taken.
C. Upon receipt of the appeal, the City Council shall set a hearing time and
date, and the appellant shall be given notice thereof at the address shown on the
application. The action appealed may be affirmed, reversed or modified by the City
Council, whose action shall be final. (Ord. 90-2 § 1 (part), 1990; Ord. 76-3 § 1 (part),
1976; Ord. 77-4 § 1 (part), 1977; prior code § 23A.120.)
8.32.120 Violation. Violations of this Chapter may be punished as provided in
Title One of this Code. (Ord. 2013-2 § 13, 2013; Ord. 90-2 § 1 (part), 1990; Ord. 77-4 §
1 (part), 1977; prior code § 23A.120.)
8.32.130 Abatement of nuisance. In addition to the penalties provided in Section
8.32.120, any domestic water system or supply operated, or used in violation of any of
the provisions of this Section, or of the City municipal code or in accordance with any
other provisions of applicable law is a public nuisance and may be abated in accordance
with any other provision of applicable law. (Ord. 90-2 § 1 (part), 1990.)
TOWN OF TIBURON
— 1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 17, 2016
Agenda Item: fT Li
STAFF REPORT
To:
From:
Mayor & Members of the Town Council
Community Development Department
Department of Public Works
Subject: Direction to Parks, Open Space & Trails Commission to Formulate an
Educational Program for Bicycle and Pedestrian Safety Training
Reviewed by: . l <
BACKGROUND
At its meeting of July 20, 2016 the Town Council adopted an updated Tiburon Bicycle and
Pedestrian Plan. In adopting the Plan, the Council requested strengthening of the section on
"education programs". Subsequent to the July 20 meeting, Vice Mayor Fraser suggested that the
appropriate venue for development of education programs related to bicycle/pedestrian safety
issues would be the Town's Parks, Open Space & Trails Commission (POST). Adoption of the
recommendation included in this Staff Report would direct POST to begin that effort.
ANALYSIS
In prior decades, the Town's Bicycle -Pedestrian Advisory Committee (BPAC) engaged in efforts
to promote bicycle and pedestrian safety that included working with the Police Department and
the Marin County Bicycle Coalition to provide training events, including "Share the Road"
training programs. Through a Resolution adopted by Council in 2008, the BPAC was combined
with several other existing committees to form the current day POST. This Resolution also
established the duties and responsibilities of POST, including the following specific to bicycle
and pedestrian matters:
Serve as the official Bicycle -Pedestrian Advisory Committee of the Town of
Tiburon, pursuant to State Transportation Control Measure No. 9 and
Metropolitan Transportation Commission Resolution No. 2178, or successors
thereto. In that capacity the POST Commission shall advise and make
recommendations to the Town Council, Town Staff and other Town boards and
commissions on bicycle and pedestrian matters affecting the greater Tiburon
Peninsula (including the City of Belvedere, Strawberry, and any unincorporated
portion of the greater Tiburon Peninsula). The scope of "bicycle and pedestrian
matters" is intentionally broad as used herein.
li)Wfl Council Meering
August- 1.7. 2016
Given this directive, staff concurs with the suggestion by Vice Mayor Fraser that the POST
Commission would be the appropriate Town body to lead this initiative. If authorized by
Council, the direction to POST would be to:
• Re-engage with their partners in the training programs and to develop an ongoing,
sustainable training program for bicycle and pedestrian safety.
• Work with interested parties in researching options and best practices for the development
of community education campaigns focused on bicycle and pedestrian safety.
• Report back to Council periodically on progress of program development
If endorsed by Town Council, the item would be placed on the next POST agenda for action.
RECOMMENDATION
Staff recommends the Town Council:
1. Direct POST accordingly and place the item on the next POST agenda for action.
Adoption of this item as part of the Consent Calendar will set the process in motion.
Prepared by: Scott Anderson, Director of Community Development
"l O\A'': oP TIBI !;i)v Page 2 of