HomeMy WebLinkAboutTC Agd Pkt 2016-11-16 '- TOWN OF TIBURON
Tiburon Town Hall Tiburon Town Council
;i
1505 Tiburon Boulevard November 16,2016
. Tiburon, CA 94920 Special Meeting-7:00 p.m.
Regular Meeting-7:30 p.m.
TIBURON TOWN COUNCIL
AGENDA
SPECIAL MEETING AGENDA
7:00 p.m.
CALL TO ORDER AND ROLL CALL
Councilmembcr Doyle,Councilmember Fredericks,Councilmember O'Donnell,Vice Mayor
Fraser, Mayor Tollini
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however,that the Town Council is not able to undertake extended discussion
or action on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission,Board,Committee or staff for consideration or placed on a future Town Council
meeting agenda. Please limit your comments to three(3)minutes.
CLOSED SESSION
Public Employee Performance Review: Government Code Section 54957
Title: Town Attorney
ADJOURNMENT-to regular meeting
REGULAR MEETING AGENDA
7:30 p.m.
CALL TO ORDER AND ROLL CALL
Councilmember Doyle,Councilmember Fredericks,Councilmember O'Donnell,Vice Mayor
Fraser, Mayor Tollini
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however,that the Town Council is not able to undertake extended discussion
or action on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission,Board,Committee or staff for consideration or placed on a future Town Council
meeting agenda. Please limit your comments to three(3)minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council,public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. 2017 Building Codes—Adopt ordinance amending Chapter 13 (Building Regulations)of the
Tiburon Municipal Code to adopt by reference the latest State of California-authorized
Construction Codes (Community Development Department)
2. Electric Bicycle Use—Adopt ordinance amending Chapter 23 (Motor Vehicles and Traffic)
of the Tiburon Municipal Code with regard to electric bicycle use (Community Development
Department)
3. Tiburon Peninsula Club EIR—Approve services agreement for preparation of an
Environmental Impact Report for the Tiburon Peninsula Club Expansion Project
(Community Development Department)
4. Reclassification of Public Works Employee—Authorize the reclassification of the
Assistant Superintendent of Public Works to Superintendent of Public Works (Department
of Public Works)
S. Commendation of Diane Crane Iacopi—Adopt resolution commending retiring Town
Clerk Diane Crane Iacopi for her outstanding service to the Town of Tiburon(Department of
Administrative Services)
RECOGNITION OF TOWN SERVICES
• Diane Crane Iacopi,Town Clerk, 21 years of service
ACTION ITEMS
1. Heritage&Arts Commission—Consider approval of recommendation by the Heritage&
Arts Commission to reduce its membership from nine to seven persons;Resolution (Town
Manager Chanis/Commission Chair Hall)
PUBLIC HEARINGS
1. 60 Monterey Drive—Consider approval of an application for amendment to the Cypress
Hollow Precise Development Plan for an additional 740 square feet of floor area to be
constructed within the existing footprint of a single-family residence and to add an elevator
to the exterior of the building;Resolution(Community Development Department)
Applicants: Michael&Kelly Day
Assessor Parcel No.:034-394-06
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
0 Town Council Weekly Digests—November 4 &Il,2016
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting,please contact the Town Clerk at (415)435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at,or prior to,the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
M k r
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard November 16,2016
1 r' Tiburon,CA 94920 Agenda Item: C
STAFF PO .
To: Mayor & Members of the Town Council
From: Community Development Department
Subject: Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon
Municipal Code to Adopt by Reference and with Modifications the
Latest State-Authorized Constriction Codes; File MCA2016-04;
Adoption fOrdinance
Reviewed by:
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on November 2, 2016, and waived additional readings. The ordinance now comes to the Town
Council for consideration of adoption.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance. Should any Councilmember choose to vote differently on this item than other items
on the consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve the adoption of Ordinance No. 566 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 566 N. S.
Prepared by: Scott Anderson,Director of Community Development? "
1 ORDINANCE NO. 566 N. S. (DRAFT)
2
3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
4 OF TIBURON AMENDING PROVISIONS OF TITLE IV,
5 CHAPTER 13 OF THE TIBURON MUNICIPAL CODE BY
6 ADOPTING WITH AMENDMENTS THE MOST RECENT
7 STANDARDIZED CONSTRUCTION CODES
8
9 The Town Council of the Town of Tiburon does ordain as follows:
10
11 Section 1. Findings.
12
13 A. The Town Council held a public hearing on November 2, 2016, and has heard and
14 considered any and all public testimony on this matter.
15
16 B. The Town Council finds that all notices and procedures required by law attendant to
17 the adoption of this Ordinance have been followed.
18
19 C. The Town Council finds that the amendments made by this Ordinance are necessary
20 for the protection of the public health, safety, and welfare.
21
22 D. The Town Council has found that the amendments made by this Ordinance are
23 consistent with the goals and policies of the Tiburon General Plan.
24
25 E. The Town Council finds that the adoption of this Ordinance is ministerially exempt
26 from the requirements of CEQA and is also exempt pursuant to Section 15061(b)
27 (3) of the CEQA Guidelines.
28
29 Section 2. Amendments to Chapter 13, Article Il.
30
31 Tiburon Municipal Code Title IV, Chapter 13, Article II (Technical Codes) is
32 hereby amended in its entirety to read as follows:
33
34 Article II. Technical Codes
35
36 13-4 Adoption by reference of technical codes.
37 For the purpose of establishing proper regulations for building construction, for
38 the installation of plumbing, gas appliances and electrical systems, and for the storage
39 and handling of flammable liquids, the codes or portions thereof set forth in this article
40 are adopted and are made a part of this chapter by reference without further publication
41 or posting thereof, and not less than one certified copy, along with the deletions and
42 exceptions therefrom and additions and amendments thereto, shall be kept on file for
43 use and examination by the public in the office of the town clerk.
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective --/--/2016 Page I
s �Y.. e
44 13-4.1 Building Code.
45 The Town Council hereby adopts, for the purpose of providing minimum
46 requirements for the protection of life, limb, health, property, safety and welfare of the
47 general public, that certain code known as the 2016 California Building Code (based on
48 the International Building Code, 2015 Edition), Volume 1 and Volume 2, including the
49 following appendices: Appendices F, H, 1, J and M as published by the California
50 Building Standards Commission in the California Code of Regulations, Title 24, Part 2,
51 hereinafter referred to as the "California Building Code", save and except such portions
52 as are hereinafter amended or modified by Section 13-4.1.1 of this chapter.
53 13-4.1.1 Amendments made to the 2016 California Building Code.
54 The 2016 California Building Code is amended to read as follows:
55 (a) Section 1.8.5.1 is amended to read as follows:
56 1.8.5.1 General. Subject to the provisions of law, including Code of Civil
57 Procedure Section 1822.50 et. seq., officers and agents of the Building Official
58 may enter and inspect public and private properties to secure compliance with
59 the provisions of this code and the rules and regulations promulgated by the
60 department of housing and community development. For limitations and
61 additional information regarding enforcement, see the following:
62 (The remainder of this section is unchanged.)
63
64 (b) Section 1.8.8.1 is amended to add the following sentence thereto:
65 For appeal of non-administrative provisions of the code, the local appeals board
66 and the housing appeals board shall be the Tiburon Building Code Appeals
67 Board, except that if required by Health and Safety Code section 19957.5, the
68 local appeals board and the housing appeals board shall be the County of
69 Marin's Disability Access Appeals Board. The town council shall hear appeals
70 of administrative provisions as generally described in the administrative chapter
71 of this code.
72
73 (c) Chapter 1, Division 11 is modified as follows:
74 (1) Section 104.6 is amended to add the following phrase to the end of
75 the last sentence:
76 ", including the warrant provisions of Section 1822.50 et. seq. of
77 the Code of Civil Procedure of the State of California."
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective 442016 Page 2
78 (2) Section 105.2 is amended to delete subsections 2, 4, 5, 6 and 12,
79 and to modify subsections 1 and 7 to read as follows:
80 1. Detached accessory structures used as playhouses or play
81 structures provided that the structure:
82 a. Does not exceed one-hundred twenty (120)
83 square feet in area and is portable (i.e., is not
84 anchored or affixed in any way);
85 b. Does not exceed twelve (12) feet in height; and
86 C. Contains no plumbing, electricity or heating or
87 cooling appliances.
88 d. Does not exceed one-story.
89 7. Painting, papering, tiling, carpeting, counter tops and similar
90 finish work; except that repaving and/or re-striping of parking
91 lots shall require a permit.
92 (3) Section 105.5 is amended to read as follows:
93 1. All permits issued by the Building Official shall expire by
94 limitation and become null and void eighteen (18) months from
95 the date the permit is issued, except as follows:
96 a. In instances where the project is unusually large or
97 complex, a twenty-four (24) month permit may be issued
98 in the reasonable discretion of the Building Official at the
99 time of initial issuance; or
100 b. In instances where the permittee has proceeded with
101 due diligence and made substantial progress but is
102 unable to complete the project because of unforeseen
103 circumstances beyond the control of the permittee, one
104 extension of up to six (6) months may be granted,
105 without payment of additional charges or penalties. In
106 determining whether due diligence has been exercised,
107 the Building Official shall consider whether work began
108 promptly after permit issuance, whether work was
109 conducted on a regular basis and any other relevant
110 facts.
111 2. Once the initial permit and/or approved six (6) month
112 extension has expired, a Stop Work Order shall be issued and
113 work shall not recommence until the permit is reactivated and
114 extended. Reactivation and extension shall be allowed only if
115 there have been no substantive changes to the approved plans
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective 4-42016 Page 3
116 and specifications and a Reactivation/Extension Charge equal
117 to the original project construction permit fees is paid. A
118 Reactivation/Extension Charge, for purposes of this section, is
119 primarily a penalty for failure to complete the project within the
120 allotted time, and secondarily a fee to recover the cost of
121 providing additional building inspection division services, and is
122 defined as the subtotal of the building, electrical, plumbing,
123 mechanical, grading, and business license fee portions of the
124 original permit. A permit reactivated and extended under this
125 subsection shall be valid for an additional six (6) months beyond
126 the date of its expiration prior to the reactivation/extension
127 granted pursuant to this paragraph.
128 3. If the project is not completed within the six (6) month
129 extension allowed under subsection 2 above, a Stop Work
130 Order shall be issued on the date of expiration and work shall
131 not recommence until the permit is reactivated and extended.
132 Reactivation and extension of the permit for another six (6)
133 month period shall be allowed only if there have been no
134 substantive changes in the approved plans and specifications
135 and a Reactivation/Extension Charge equal to three (3) times
136 the original project construction permit fees, as defined in
137 subsection 2 above, is paid. The Building Official may, in his
138 sole discretion, reduce the penalty based on such reasons as
139 the project's nearness to completion and/or the cause of the
140 delay. A permit reactivated and extended under this subsection
141 shall be valid for an additional six (6) months beyond the date of
142 its expiration prior to the reactivation/extension granted
143 pursuant to this paragraph.
144 4. If the project is not completed within the six (6) month
145 extension allowed under subsection 3 above, a Stop Work
146 Order shall be issued and the matter referred to the town
147 council for resolution. The town council may reactivate and
148 extend the permit for an additional six (6) months upon
149 submission and acceptance of a completion schedule for the
150 project and payment of five (5) times the original project
151 construction permit fees (as defined in subsection 2 above) as a
152 Reactivation/Extension Charge, and provided that there have
153 been no substantive changes in the approved plans and
154 specifications. The town council may, in its sole discretion,
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective --/--/2016 Page 4
155 reduce the reactivation/extension charge based on such
156 reasons as the project's nearness to completion and/or the
157 cause of the delay.
158 5. If the project is not completed within the six (6) month
159 extension allowed under subsection 4 above, or pursuant to this
160 subsection 5, a Stop Work Order shall be issued and the matter
161 referred to the town council for resolution. The town council may
162 impose additional requirements, such as the retention of a
163 qualified contractor for owner/builder projects or retention of a
164 qualified construction manager for a contracted project, in order
165 to promote swift completion. The town council may reactivate
166 and extend the permit upon imposition of any such conditions
167 deemed reasonable, and payment of five (5) times the original
168 project construction permit fees (as defined is subsection 2
169 above) as a Reactivation/Extension Charge, provided that there
170 have been no substantive changes in the approved plans and
171 specifications.
172 (4) Section 109.2 is amended to read as follows:
173 109.2 Schedule of Fees.
174 On buildings, structures, electrical, gas, mechanical and
175 plumbing system alterations requiring a permit, a fee for each
176 permit shall be required as set forth in the Building Division Fee
177 Schedule as adopted by resolution of the town council and
178 amended from time to time.
179 (5) Section 109.4 is amended to read as follows:
180 109.4 Work commencing before permit issuance.
181 Any person who commences any work without a permit on a
182 building, structure, electrical, gas, mechanical or plumbing
183 system before obtaining the necessary permits shall be subject
184 to a penalty as set forth in the Town's Schedule of Fines,
185 established by resolution of the town council and amended from
186 time to time.
187 (6) Section 113.1 is amended by adding the following sentence thereto:
188 For appeal of non-administrative provisions of the code, the
189 local appeals board and the housing appeals board shall be the
190 Tiburon Building Code Appeals Board, except that if required by
191 Health and Safety Code section 19957.5, the local appeals
192 board and the housing appeals board shall be the County of
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective 442016 Page 5
193 Marin's Disability Access Appeals Board. The town council
194 shall hear appeals of administrative provisions as generally
195 described in the administrative chapter of this code.
196
197 (d) Section 501.2 is amended to read as follows:
198 501.2 Address Numbers.
199 1. The following standards for address markings shall apply to residential
200 buildings:
201 a. All residential structures shall display a street number in a prominent
202 position so that it shall be easily visible from the street. The numerals in
203 these numbers shall be no less than four inches in height, and one-half
204 inch in width, of a color contrasting to the background and located so
205 they may be clearly seen and read. If a building is not easily visible from
206 the street, then the numbers are to be mounted at the access drive
207 leading to the building.
208 b. At each vehicular access to a multiple family dwelling complex having
209 four or more buildings, there shall be an illuminated diagrammatic
210 representation (plot plan) of the complex, which shows the location of
211 the viewer and the building units within the complex.
212 c. In multiple family dwelling complexes, any building having a separate
213 identifying factor other than the street number shall be clearly identified
214 in the manner described in subsection a. Each individual unit of
215 residence shall have a unit identifying number, letter, or combination
216 thereof displayed upon the door.
217 d. Maps of the multiple family complex will be furnished to the police
218 department and applicable fire district upon completion of construction.
219 The maps shall include building identification and unit identification.
220 e. Buildings shall be numbered in such a manner and sequence as to
221 meet with the approval of the enforcing authority.
222 f. This section shall not prevent supplementary numbering such as
223 reflective numbers on street curbs or decorative numbering, but this
224 shall be considered supplemental only and shall not satisfy the
225 requirements of this section.
226 2. The following standards for address markings shall apply to commercial
227 buildings:
228 a. The address number of every commercial building shall be located
229 and displayed so that it shall be easily visible from the street.
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 6
230 b. The numerals in these numbers shall be no less than six inches in
231 height, one-half inch in width, and of a color contrasting to the
232 background. In addition, any business which affords vehicular access to
233 the rear through any driveway, alleyway, or parking lot shall also display
234 the same numbers on the rear of the building.
235 c. When required by the Building Official, approved numbers or
236 addresses shall be placed on all new and existing buildings in such a
237 position as to be plainly visible and legible from the fire apparatus road
238 at the back of a property or where rear parking lots or alleys provide an
239 acceptable vehicular access. Number height and width shall comply
240 with Section 501.2.
241
242 (e) Section 903.2, first sentence, is amended to read as follows:
243 903.2 Where required.
244 Approved automatic sprinkler systems in new buildings and structures shall be
245 provided in the locations described in this section, provided that where
246 applicable code provisions adopted by the Tiburon Fire Protection District or
247 Southern Marin Fire Protection District are more restrictive, the more restrictive
248 provisions shall control.
249
250 (f) Section 1015.2 is amended by adding the following sentence:
251 Guards are also required at waterfront bulkheads, fixed piers and gangways.
252
253 (g) Section 1505 is amended to read as follows:
254 The roof covering on any structure regulated by this code shall be as specified
255 in California Building Code Chapter 15 with the following conditions:
256 1. All new buildings and new additions shall have at least a Class A-
257 listed or noncombustible roof covering.
258 2. Where alterations or repairs to existing roofs involve more than fifty
259 (50) percent of the total area of an existing building within a one year
260 time period, the entire roof shall be retrofitted with at least a Class A-
261 listed or noncombustible roof.
262 3. Where applicable code provisions adopted by the Tiburon Fire
263 Protection District or Southern Marin Fire Protection District are more
264 restrictive, the more restrictive provisions shall control.
265
266 (h) Appendix J "GRADING" is amended as follows:
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 7
267 J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division
268 Fee Schedule established by resolution of the town council as amended from
269 time to time.
270 J110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or
271 corporation who has a valid building, demolition or grading permit shall permit
272 any mud, loose dirt or debris to be removed from the job site and deposited on
273 any public street or sidewalk.
274
275 13-4.2 Residential Code.
276 The Town Council hereby adopts, for the purpose of providing minimum
277 requirements for the protection of life, limb, health, property, safety, and welfare of the
278 general public, that certain code known as the 2016 California Residential Code (based
279 on the International Residential Code, 2015 edition), including Appendices G, H, and J
280 published by the International Code Council, and as amended by the California Building
281 Standards Commission in the California Code of Regulations, Title 24, Part 2.5,
282 hereinafter referred to as the "California Residential Code," save and except such
283 portions as are hereinafter amended or modified by Section 13-4.2.1 of this chapter.
284 13-4.2.1 Amendments to the 2016 California Residential Code.
285 The 2016 California Residential Code is amended as follows:
286 (a) Section 1.8.5.1 is amended to read as follows:
287 1.8.5.1 General. Subject to the provisions of law, including Code of Civil
288 Procedure Section 1822.50 et. seq., officers and agents of the Building Official
289 may enter and inspect public and private properties to secure compliance with
290 the provisions of this code and the rules and regulations promulgated by the
291 department of housing and community development. For limitations and
292 additional information regarding enforcement, see the following:
293 (The remainder of this section is unchanged.)
294
295 (b) Section 1.8.8.1 to delete the final sentence and add the following:
296 For appeal of non-administrative provisions of the code, the local
297 appeals board and the housing appeals board shall be the Tiburon
298 Building Code Appeals Board, except that if required by Health and
299 Safety Code section 19957.5, the local appeals board and the housing
300 appeals board shall be the County of Marin's Disability Access Appeals
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective 442016 Page 8
301 Board. The town council shall hear appeals of administrative provisions
302 as generally described in the administrative chapter of this code.
303
304 (c) Chapter 1, Division 11 is modified as follows:
305 (1) Section 104.6 is amended to add the following phrase to the end of
306 the last sentence:
307 ", including the warrant provisions of Section 1822.50 et. seq. of
308 the Code of Civil Procedure of the State of California."
309 (2) Section 105.2 is amended to delete (building) subsections 2, 3, 4, 5,
310 9 and 10, and to modify subsections 1 and 6 to read as follows:
311 1. Detached accessory structures used as playhouses or play
312 structures provided that the structure:
313 a. Does not exceed one-hundred twenty (120)
314 square feet in area and is portable (i.e., is not
315 anchored or affixed in any way);
316 b. Does not exceed twelve (12) feet in height; and
317 C. Contains no plumbing, electricity or heating or
318 cooling appliances.
319 d. Does not exceed one-story.
320 6. Painting, papering, tiling, carpeting, counter tops and similar
321 finish work; except that repaving and/or re-striping of parking
322 lots shall require a permit.
323 (3) Section 105.5 is amended to read as follows:
324 Section 105.5 Expiration.
325 1. All permits issued by the Building Official shall expire by
326 limitation and become null and void eighteen (18) months from
327 the date the permit is issued, except as follows:
328 a. In instances where the project is unusually large or
329 complex, a twenty-four(24) month permit may be issued
330 in the reasonable discretion of the Building Official at the
331 time of initial issuance; or
332 b. In instances where the permittee has proceeded with
333 due diligence and made substantial progress but is
334 unable to complete the project because of unforeseen
335 circumstances beyond the control of the permittee, one
336 extension of up to six (6) months may be granted,
337 without payment of additional charges or penalties. In
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective 4-42016 Page 9
338 determining whether due diligence has been exercised,
339 the Building Official shall consider whether work began
340 promptly after permit issuance, whether work was
341 conducted on a regular basis and any other relevant
342 facts.
343 2. Once the initial permit and/or approved six (6) month
344 extension has expired, a Stop Work Order shall be issued and
345 work shall not recommence until the permit is reactivated and
346 extended. Reactivation and extension shall be allowed only if
3 4 7 there have been no substantive changes to the approved plans
348 and specifications and a Reactivation/Extension Charge equal
349 to the original project construction permit fees is paid. A
350 Reactivation/Extension Charge, for purposes of this section, is
351 primarily a penalty for failure to complete the project within the
352 allotted time, and secondarily a fee to recover the cost of
353 providing additional building inspection division services, and is
354 defined as the subtotal of the building, electrical, plumbing,
355 mechanical, grading, and business license fee portions of the
356 original permit. A permit reactivated and extended under this
357 subsection shall be valid for an additional six (6) months beyond
358 the date of its expiration prior to the reactivation/extension
359 granted pursuant to this paragraph.
360 3. If the project is not completed within the six (6) month
361 extension allowed under subsection 2 above, a Stop Work
362 Order shall be issued on the date of expiration and work shall
363 not recommence until the permit is reactivated and extended.
364 Reactivation and extension of the permit for another six (6)
365 month period shall be allowed only if there have been no
366 substantive changes in the approved plans and specifications
367 and a Reactivation/Extension Charge equal to three (3) times
368 the original project construction permit fees, as defined in
369 subsection 2 above, is paid. The Building Official may, in his
370 sole discretion, reduce the penalty based on such reasons as
371 the project's nearness to completion and/or the cause of the
372 delay. A permit reactivated and extended under this subsection
373 shall be valid for an additional six (6) months beyond the date of
374 its expiration prior to the reactivation/extension granted
375 pursuant to this paragraph.
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective --/--/2016 Page 10
376 4. If the project is not completed within the six (6) month
377 extension allowed under subsection 3 above, a Stop Work
378 Order shall be issued and the matter referred to the town
379 council for resolution. The town council may reactivate and
380 extend the permit for an additional six (6) months upon
381 submission and acceptance of a completion schedule for the
382 project and payment of five (5) times the original project
383 construction permit fees (as defined in subsection 2 above) as a
384 Reactivation/Extension Charge, and provided that there have
385 been no substantive changes in the approved plans and
386 specifications. The town council may, in its sole discretion,
387 reduce the reactivation/extension charge based on such
388 reasons as the project's nearness to completion and/or the
389 cause of the delay.
390 5. If the project is not completed within the six (6) month
391 extension allowed under subsection 4 above, or pursuant to this
392 subsection 5, a Stop Work Order shall be issued and the matter
393 referred to the town council for resolution. The town council may
394 impose additional requirements, such as the retention of a
395 qualified contractor for owner/builder projects or retention of a
396 qualified construction manager for a contracted project, in order
397 to promote swift completion. The town council may reactivate
398 and extend the permit upon imposition of any such conditions
399 deemed reasonable, and payment of five (5) times the original
400 project construction permit fees (as defined is subsection 2
401 above) as a Reactivation/Extension Charge, provided that there
402 have been no substantive changes in the approved plans and
403 specifications.
404 (d) Section R319.1 is amended to read as follows:
405 R319.1 Address Numbers. The following standards for address markings shall
406 apply to residential buildings:
407 a. All residential structures shall display a street number in a prominent
408 position so that it shall be easily visible from the street. The numerals in
409 these numbers shall be no less than four inches in height, and one-half
410 inch in width, of a color contrasting to the background and located so
411 they may be clearly seen and read. If a building is not easily visible from
412 the street, then the numbers are to be mounted at the access drive
413 leading to the building.
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective-442016 Page 1 1
414 b. At each vehicular access to a multiple family dwelling complex having
415 four or more buildings, there shall be an illuminated diagrammatic
416 representation (plot plan) of the complex, which shows the location of
417 the viewer and the building units within the complex.
418 c. In multiple family dwelling complexes, any building having a separate
419 identifying factor other than the street number shall be clearly identified
420 in the manner described in subsection a. above. Each individual unit of
421 residence shall have a unit identifying number, letter, or combination
422 thereof displayed upon the door.
423 d. Maps of the multiple family complex will be furnished to the police
424 department and applicable fire district upon completion of construction.
425 The maps shall include building identification and unit identification.
426 e. Buildings shall be numbered in such a manner and sequence as to
427 meet with the approval of the enforcing authority.
428 f. This section shall not prevent supplementary numbering such as
429 reflective numbers on street curbs or decorative numbering, but this
430 shall be considered supplemental only and shall not satisfy the
431 requirements of this section.
432
433 (e) Section R312.1.1 is amended by adding the following sentence:
434 "Guards are also required at waterfront bulkheads, fixed piers and gangways."
435
436 (f) Section R313.3, first sentence, is amended to read as follows:
437 R313.3 Where required.
438 Approved automatic sprinkler systems in new buildings and structures shall be
439 provided in the locations described in this section, provided that where
4 4 0 applicable code provisions adopted by the Tiburon Fire Protection District or
441 Southern Marin Fire Protection District are more restrictive, the more restrictive
442 provisions shall control.
443
444 (g) Section R905 is amended to read as follows:
445 The roof covering on any structure regulated by this code shall be as specified
446 in California Residential Code Chapter 9 with the following conditions:
4 4 7 1. All new buildings and new additions shall have at least a Class A-
448
-
448 listed or noncombustible roof covering.
4 4 9 2. Where alterations or repairs to existing roofs involve more than fifty
450 percent of the total area of an existing building within a one year time
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 12
451 period, the entire roof shall be retrofitted with at least a Class A-listed or
452 noncombustible roof.
453 3. Where applicable code provisions adopted by the Tiburon Fire
454 Protection District or Southern Marin Fire Protection District are more
455 restrictive, the more restrictive provisions shall control.
456
457
458 13-4.3 Plumbing Code.
459 The Town Council hereby adopts, for the purpose of providing minimum
460 requirements for the protection of life, limb, health, property, safety and welfare of the
461 general public, that certain code known as the 2016 California Plumbing Code (based
462 on the Uniform Plumbing Code, 2015 Edition), including Appendices A, B, D, I, and L
463 published by the International Association of Plumbing and Mechanical Officials, and as
464 amended by the California Building Standards Commission in the California Code of
465 Regulations, Title 24, Part 5, hereinafter referred to as the "California Plumbing Code",
466 save and except such portions as are hereinafter amended or modified by Section 13-
46V 4.3.1 of this chapter.
468 13-4.3.1 Amendments made to the 2016 California Plumbing Code.
469 The 2016 California Plumbing Code is amended as follows:
470 (a) Section 1.8.5.1 is amended to modify the first sentence to read as
471 follows:
472 Section 1.8.5.1 General. Subject to the provisions of law, including Section
4 7 3 1822.50 et. seq. of the Code of Civil Procedure of the State of California,
474 officers and agents of the Building Official may enter and inspect public and
4 7 5 private properties to secure compliance with the provisions of this code.
476 (The remainder of this section is unchanged)
477
478 (b) Section 1.8.8.1 is amended by deleting the final sentence and adding
479 the following sentence thereto:
480 For appeal of non-administrative provisions of the code, the local
481 appeals board and the housing appeals board shall be the Tiburon
482 Building Code Appeals Board, except that if required by Health and
483 Safety Code section 19957.5, the local appeals board and the housing
484 appeals board shall be the County of Marin's Disability Access Appeals
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 13
485 Board. The town council shall hear appeals of administrative provisions
486 as generally described in the administrative chapter of this code.
487
488 (c) Chapter 1, Division II is amended as follows:
489 (1) Section 101.1 is amended to read as follows:
490 These regulations shall be known as the California Plumbing
491 Code, may be cited as such, and will be referred to herein as
492 "this code".
493 (2) Section 103.1 is amended to read as follows:
494 The definition of"AUTHORITY HAVING JURISDICTION" is amended to
495 read as follows:
496 AUTHORITY HAVING JURISDICTION —The Authority Having
497 Jurisdiction shall mean the Building Official or his duly authorized
498 representative.
499
500 (3) Section 103.4.2 is deleted.
501
502 (4) Section 104.3 is amended to read as follows:
503 103.2.1 Application. To obtain a permit, the applicant shall apply
504 to the Authority Having Jurisdiction for that purpose. Every such
505 application shall:
506 (The remainder of this section is unchanged.)
507
508 (5) Section 104.3.2 is amended to read as follows:
509 104.3.2 General. Fees shall be assessed in accordance with the
510 provisions of this section and as set forth in the Building Division
511 Fee Schedule adopted by resolution of the town council and
512 amended from time to time.
513
514 (6) Section 104.5 is amended to read as follows:
515 104.5 Fees. Any person desiring a permit required by this code
516 shall, at the time of issuance therefore, pay a fee, which fee
517 shall be as set forth in the Building Division Fee Schedule
518 adopted by resolution of the town council and amended from
519 time to time.
520
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 14
521 (7) Section 105.2.6 is amended to replace the fourth paragraph with
522 the following:
523 To obtain re-inspection, the applicant shall first pay the re-
524 inspection fee in accordance with the Building Division Fee
525 Schedule adopted by resolution of the town council and
526 amended from time to time.
527 (8) Table 1-1 is deleted.
528
529 (9) Section 203.0 is amended to read as follows:
530 The definition of"AUTHORITY HAVING JURISDICTION" is amended to read
531 as follows:
532 AUTHORITY HAVING JURISDICTION —The Authority Having
533 Jurisdiction shall mean the Building Official or his duly authorized
534 representative.
535
536 13-4.4 Electrical Code.
537 The Town Council hereby adopts, for the purpose of providing minimum
538 requirements for the protection of life, limb, health, property, safety and welfare of the
539 general public, that certain code known as the 2016 California Electrical Code (based
540 on the National Electrical Code, 2014 Edition) as published by the National Fire
541 Protection Association, and as amended by the California Building Standards
542 Commission in the California Code of Regulations, Title 24, Part 3, hereinafter referred
543 to as the "California Electrical Code", save and except such portions as are hereinafter
544 amended or modified by Section 13-4.4.1 of this chapter.
545 13-4.4.1 Amendments made to the 2016 California Electrical Code.
546 The 2016 California Electrical Code is amended or modified as follows:
547 (a) Section 89.108.4.2 is amended to read as follows:
548
549 89.108.4.2 Fees. Any person desiring a permit required by this code
550 shall, at the time of issuance thereof, pay a fee, which shall be as set
551 forth in the Building Division Fee Schedule adopted by resolution of the
552 town council and amended from time to time.
553
554 (b) Section 89.108.5.1 is amended to modify the first sentence to read as
555 follows:
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 15
556 Section 89.108.5.1 General. Subject to other provisions of law,
557 including Section 1822.50 et. seq. of the Code of Civil Procedure of the
558 State of California, officers and agents of the Building Official may enter
559 and inspect public and private properties to secure compliance with the
560 provisions of this code.
561 (The remainder of this section is unchanged.)
562
563 (c) Section 89.108.8.1 is amended by adding the following sentence
564 thereto:
565 For appeal of non-administrative provisions of the code, the local
566 appeals board and the housing appeals board shall be the Tiburon
567 Building Code Appeals Board, except that if required by Health and
568 Safety Code section 19957.5, the local appeals board and the housing
569 appeals board shall be the County of Marin's Disability Access Appeals
570 Board. The town council shall hear appeals of administrative provisions
571 as generally described in the administrative chapter of this code.
572
573 (d) Article 100 is amended to read as follows:
574 The definition of"Authority Having Jurisdiction" is amended to read as
575 follows:
576 Authority Having Jurisdiction (AHJ)—The Authority Having
577 Jurisdiction shall mean the Building Official or his or her duly
578 authorized representative.
579
580 (e) Section 210.12 (B) is amended by adding the following sentence:
581 The provisions of this section shall apply to existing dwelling units when
582 electrical service panels or sub-panels are replaced or upgraded.
583 13-4.5 Fire Code.
584 The Town Council hereby adopts, for the purpose of providing minimum
585 requirements for the protection of life, limb, health, property, safety and welfare of the
586 general public, that certain code known as the 2016 California Fire Code (as adopted
587 and modified by the current Tiburon Fire Protection District and Southern Marin Fire
588 Protection District ordinances), which Code and ordinances are hereby referred to,
589 ratified, and made a part hereof as if fully set forth herein. Copies of said code and
590 ordinances are on file and available for public inspection in the office of the town clerk.
591 13-4.6. Housing Code.
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 16
592 The Town Council hereby adopts, for the purpose of providing minimum
593 requirements for the protection of life, limb, health, property, safety and welfare of the
594 general public, that certain code known as the Uniform Housing Code (1997 Edition, as
595 published by the International Conference of Building Officials), hereinafter referred to
596 as the "Uniform Housing Code", save and except such portions as are hereinafter
597 changed or modified by Section 13-4.6.1 of this chapter.
598 13-4.6.1 Amendments made to the 1997 Uniform Housing Code.
599 The 1997 Uniform Housing Code is amended as follows:
600 (a) Section 103 is amended to revise the second sentence of the first
601 paragraph to read as follows:
602 Such occupancies in existing buildings may be continued as provided
603 by the California Existing Building Code, as contained in Title 24, Part
604 10 of the California Code of Regulations, except such structures as are
605 found to be substandard as defined by this code.
606
607 (b) Section 104.1 is amended to read as follows:
608 All buildings or structures that are required to be repaired under the
609 provisions of this code shall be subject to the provisions of the
610 California Existing Building Code, as contained in Title 24, Part 10 of
611 the California Code of Regulations.
612
613 (c) Section 201.1 is amended to revise the first paragraph to read as
614 follows:
615 The Building Official and his designees are hereby authorized and
616 directed to enforce all of the provisions of this code. For such purposes,
617 such officials shall have the powers of law enforcement officers.
618
619 (d) Section 201.2 is amended to read as follows:
620 Whenever necessary to make an inspection to enforce any of the
621 provisions of this title, or whenever the Building Official or his authorized
622 representative has reasonable cause to believe that there exists in any
623 building or upon any premises an immediate threat to health and safety,
624 the Building Official or his authorized representative may enter such
625 building or premises at all reasonable times to inspect the same or to
626 perform any duty imposed upon the Building Official by this code;
627 provided, that if such building or premises be occupied he shall first
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 17
628 present proper credentials and demand entry; and if such building or
629 premises be unoccupied he shall first make a reasonable effort to locate
630 the owner or other persons having charge or control of the building or
631 premises and demand entry. If such entry is refused, the Building
632 Official, or his authorized representative, shall have recourse to every
633 remedy provided by law to secure entry, including the warrant
634 provisions of Section 1822.50 et seq. of the Code of Civil Procedure of
635 the State of California.
636
637 (e) Section 203.1 is amended by adding the following sentence thereto:
638 For appeal of non-administrative provisions of the code, the housing
639 advisory and appeals board shall be the Tiburon Building Code Appeals
640 Board. If required by Health and Safety Code section 19957.5, the
641 housing advisory and appeals board shall be the County of Marin's
642 Disability Access Appeals Board. The town council shall hear appeals
643 of administrative provisions of this code.
644
645 (f) Section 301 is amended to read as follows:
646 No building or structure regulated by this code shall be erected,
647 constructed, enlarged altered, repaired, moved, improved, removed,
648 converted or demolished unless a separate permit for each building or
649 structure has first been obtained as required by the Building Code.
650
651 (g) Section 302 is deleted.
652
653 (h) Section 303 is amended to read as follows:
654 Buildings or structures within the scope of this code and all construction
655 or work for which a permit is required shall be subject to inspection by
656 the Building Official as provided by this code and in accordance with the
657 applicable requirements of the Building Code.
658
659 (i) Section 401 is amended as follows:
660 The definition of"Building Code" in Section 401 is amended to read as
661 follows:
662 BUILDING CODE is the California Building Code as adopted
663 with amendments by the Town of Tiburon.
664
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective -4-42016 Page 18
665 0) A definition for"Building Official" is added to Section 401 to read as
666 follows:
667 BUILDING OFFICIAL is the Building Official in the Community
668 Development Department of the Town of Tiburon.
669
670 (k) The definition of"Mechanical Code" in Section 401 is amended to read
671 as follows:
672 MECHANICAL CODE is the California Mechanical Code as adopted
673 with amendments by the Town of Tiburon.
674
675 (1) The definition of"Plumbing Code" in Section 401 is amended to read as
676 follows:
677 PLUMBING CODE is the California Plumbing Code as adopted with
678 amendments by the Town of Tiburon.
679
680 13-4.7 Mechanical Code.
681 The Town Council hereby adopts, for the purpose of providing minimum
682 requirements for the protection of life, limb, health, property, safety and welfare of the
683 general public, that certain code known as the 2016 California Mechanical Code (based
684 on the Uniform Mechanical Code, 2015 Edition) as amended by the California Building
685 Standards Commission in the California Code of Regulations, Title 24, Part 4,
686 hereinafter referred to as the "California Mechanical Code", save and except such
687 portions as are hereinafter amended or modified by Section 13-4.7.1 of this chapter.
688 13-4.7.1 Amendments made to the 2016 California Mechanical Code.
689 The 2016 California Mechanical Code is amended as follows:
690 (a) Chapter 1, Division I, Section 1.8.8.1 is amended by adding the
691 following sentence thereto:
692 For appeal of non-administrative provisions of the code, the board of
693 appeals shall be the Tiburon Building Code Appeals Board, except that
694 if required by Health and Safety Code section 19957.5, the board of
695 appeals shall be the County of Marin's Disability Access Appeals Board.
696 The town council shall hear appeals of administrative provisions as
697 generally described in the administrative chapter of this code.
698
699 (b) Chapter 1, Division 11 is amended as follows:
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective-4-42016 Page 19
700 (1) Section 101.1 is amended to read as follows:
701 These regulations shall be known as the California Mechanical
702 Code, may be cited as such, and will be referred to herein as
703 "this code".
704
705 (c) Section 107.1 is amended by adding thereto:
706 For appeal of non-administrative provisions of the code, the board of
707 appeals shall be the Tiburon Building Code Appeals Board, except that
708 if required by Health and Safety Code section 19957.5, the board of
709 appeals shall be the County of Marin's Disability Access Appeals Board.
710 The town council shall hear appeals of administrative provisions as
711 generally described in the administrative chapter of this code.
712
713 (d) Section 104.3.2 is amended to read as follows:
714 104.3.2 General. Fees shall be assessed in accordance with the
715 provisions of this section and as set forth in the Building Division
716 Fee Schedule adopted by resolution of the town council and
717 amended from time to time.
718
719 (e) Section 104.5 is amended to read as follows:
720 104.5 Fees. Any person desiring a permit required by this code
721 shall, at the time of issuance for the permit, pay a fee, which fee
722 shall be as set forth in the Building Division Fee Schedule
723 adopted by resolution of the town council and amended from
724 time to time.
725
726 (f) Section 105.2.6 is amended to replace the third paragraph with the
727 following:
728 To obtain re-inspection, the applicant shall first pay the re-
729
e-
129 inspection fee in accordance with the Building Division Fee
730 Schedule adopted by resolution of the town council and
731 amended from time to time.
732
733 (g) Section 203.0 is amended as follows:
734 The definition of"AUTHORITY HAVING JURISDICTION" is amended to
735 read as follows:
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 20
736 AUTHORITY HAVING JURISDICTION —The Authority Having
737 Jurisdiction shall mean the Building Official or his duly
738 authorized representative.
739
7 4 0 13-4.8 Dangerous Building Code.
741 The Dangerous Building Code of the Town shall be the California Code for the
742 Abatement of Dangerous Buildings (1997 edition, as published by the International
743 Conference of Building Officials), on file with the office of the Town Clerk, which Code
744 is hereby referred to, adopted and made a part hereof as if fully set forth herein, save
745 and except such portions as are hereinafter amended or modified by Section 13-4.8.1
746 of this chapter.
747 13-4.8.1 Amendments made to the 1997 California Code for the Abatement of
748 Dangerous Buildings.
749 The 1997 California Code for the Abatement of Dangerous Buildings is
750 amended as follows:
751 (a) Section 103 is amended to read as follows:
752 All buildings or structures which are required to be repaired under the
753 provisions of this code shall be subject to the provisions of the
754 California Existing Building Code, as contained in Title 24, Part 10 of
755 the California Code of Regulations.
756
757 (b) Section 201.3 is amended to read as follows:
758 Whenever necessary to make an inspection to enforce any of the
759 provisions of this title, or whenever the Building Official or his authorized
760 representative has reasonable cause to believe that there exists in any
761 building or upon any premises an immediate threat to health and safety,
762 the Building Official or his authorized representative may enter such
763 building or premises at all reasonable times to inspect the same or to
764 perform any duty imposed upon the Building Official by this code;
765 provided, that if such building or premises be occupied he shall first
766 present proper credentials and demand entry; and if such building or
767 premises be unoccupied he shall first make a reasonable effort to locate
768 the owner or other persons having charge or control of the building or
769 premises and demand entry. If such entry is refused, the Building
770 Official, or his authorized representative, shall have recourse to every
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 21
771 remedy provided by law to secure entry, including the warrant
772 provisions of Section 1822.50 et seq. of the Code of Civil Procedure of
773 the State of California.
774
775 (c) Section 203 is deleted.
776
777 (d) Section 204 is amended to read as follows:
778 All buildings or structures within the scope of this code and all
7 7 9 construction or work for which a permit is required shall be subject to
780 inspection by the Building Official as provided in this code and in
781 accordance with the applicable requirements of the Building Code.
782
783 (e) Section 205.1 is amended by adding the following sentence thereto:
784 For appeal of non-administrative provisions of the code, the board of
785 appeals shall be the Tiburon Building Code Appeals Board, except that
786 if required by Health and Safety Code section 19957.5, the board of
787 appeals shall be the County of Marin's Disability Access Appeals Board.
788 The town council shall hear appeals of administrative provisions of this
789 code.
790
791 (f) Section 301 is amended as follows:
792 The definition of"Building Code" is amended to read as follows:
793 BUILDING CODE is the California Building Code as adopted with
794 amendments by the Town of Tiburon.
795
796 (g) A definition of"Building Official" is added to read as follows:
797 BUILDING OFFICIAL is the Building Official in the Community
7 9 8 Development Department of the Town of Tiburon.
799
800 13-4.9 Green Building Standards Code.
801 The Town Council hereby adopts, for the purpose of providing minimum
802 requirements to enhance the public health and welfare and assure that residential and
803 commercial development is consistent with the Town's desire to create a more
804 sustainable community by incorporating green building measures into the design,
805 construction, and maintenance of buildings and appurtenant development, that certain
806 code known as the California Green Building Standards Code, 2016 edition (also
807 known as the 2016.„CALGreen Code) as published by the California Building Standards
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective 442016 Page 22
808 Commission in the California Code of Regulations, Title 24, Part 11, herein referred to
809 as the "CALGreen Code," save and except such portions as are hereinafter amended
810 or modified by Section 13-4.9.1 of this chapter.
811 13-4.9.1 Amendments made to the 2016 CALGreen Code.
812 The California Green Building Standards Code is amended as follows:
813 (a) For new residential construction only (not including additions), the Town
814 Council hereby adopts as mandatory measures the following otherwise
815 voluntary divisions of Appendix A4:
816 1. Division A4.1 (Planning & Design);
817 2. Division A4.3 (Water Efficiency & Conservation);
818 3. Division A4.4 (Material Conservation and Resource Efficiency);
819 4. Division A4.5 (Environmental Quality); and
820 5. Division A4.6 (Tier 1 & Tier 2), deleting all Tier 2 measures.
821
822 (b) For new nonresidential construction only (not including additions), the
823 Town Council hereby adopts as mandatory measures the following
824 otherwise voluntary divisions of Appendix A5:
825 1. Division A5.1 (Planning & Design);
826 2. Division A5.3 (Water Efficiency & Conservation);
827 3. Division A5.4 (Material Conservation and Resource Efficiency);
828 4. Division A5.5 (Environmental Quality); and
829 5. Division A5.6 (Tier 1 & Tier 2), deleting all Tier 2 measures.
830
831 13-4.10 Energy Code.
832 The Energy Code of the Town shall be the California Energy Code, 2016
833 edition, and the appendices thereof, as published by the California Building Standards
834 Commission, on file with the office of the Town Clerk, which Code and appendices are
835 hereby referred to, adopted and made a part hereof as if fully set forth herein.
836 13-4.11 Miscellaneous Portions of the Building Standards Code.
837 The Town Council hereby adopts, for the purpose of providing minimum
838 requirements for the protection of life, limb, health, property, safety, and welfare of the
839 general public, 2016 California Building Standards Code Part 8 (Historical Building
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective --/--/2016 Page 23
840 Code), Part 10 (Existing Building Code), and Part 12 (Referenced Standards Code),
841 said codes being on file with the office of the Town Clerk.
842
843 Section 3. Findings Pursuant to Health & Safety Code.
844
845 A. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5
846 require that findings be made in order to change or modify building standards found
847 in the California Building Standards Code based on local climatic, geologic, or
848 topographic conditions. Therefore, the Town of Tiburon hereby finds that these
849 changes or modifications to the Building Code as adopted herein are reasonably
850 necessary because of the following local climatic, geological and topographical
851 conditions:
852
853 1. Climatic conditions:
854
855 a. Most of the annual rainfall in Tiburon occurs during the winter, it receives no
856 measurable precipitation between May and October. During this time, temperatures
857 average between 60 and 85 degrees. These conditions eliminate most of the
858 moisture in the natural vegetation and heavily wooded hillsides. The area also
859 suffers periodic droughts that can extend the dry periods to other months of the year.
860 These conditions can be further exacerbated by occasional off-shore hot, dry, Santa-
861 Ana winds.
862 b. Most of the annual rainfall in Tiburon occurs during the winter, and some portions
863 of Tiburon are subject to tidal influences, there are times that flooding conditions
864 occur in low-lying areas.
865 c. Tiburon is situated within a densely populated major metropolitan area (the San
866 Francisco Bay Area) that generates and releases into the atmosphere significant
867 quantities of greenhouse gases, which have detrimental effects to the local climate
868 as determined by the State of California.
869
870 2. Geologic conditions:
871
872 a. Tiburon lies near several earthquake faults, including the very active San Andreas
873 Fault and the Hayward Fault, and there are significant potential hazards such as road
874 closures, fires, collapsed buildings, and isolation of residents requiring assistance.
875
876 b. Much of the Downtown commercial area is located on bay alluvial soils, which are
877 subject to liquefaction in the event of an earthquake.
878
879 3. Topographic conditions:
880
881 a. Much of Tiburon is located in steep, hilly areas; many of the residential areas are
882 heavily landscaped; and many exist adjacent to hilly open space areas which are
883 characterized by dry vegetation and have limited access. In addition, the steepness
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 24
884 of grades located in the hills and dales results in narrow and winding roads, and
885 limited water supply.
886
887 b. The major arterial route between Tiburon and U. S. Highway 101 is Tiburon
888 Boulevard (State Highway 131). Should that highway become impassable, the only
889 alternative roadway on and off the Peninsula is Paradise Drive, a narrow, winding
890 road easily subject to closure in storms and having an extensive history of lane
891 failures due to unstable soils and poor drainage. This would result in traffic
892 congestion, severely limiting emergency access.
893
894 B. Adoption by Reference of Tiburon Fire Protection District and Southern Marin Fire
895 District Findings:
896
897 The Town Council further adopts by reference all applicable climatic, geological,
898 and topographical conditions findings of the Tiburon Fire Protection District and the
899 Southern Marin Fire Protection District in their most recently-enacted ordinances
900 adopting and modifying the California Fire Code and other related codes.
901
902 C. The above modified building standards are listed below with the corresponding
903 climatic, geological or topographical condition which necessitates the modification.
904
Residential Building Code Building Code Climatic, geological and
Section Number Section Number topographical condition
R319.1 501.2 la, 2a, 3a, 4
R313.3 903.2 1 a, 2a, 3a, 3b, 4
R312.1.1 1015.2 lb, 2a, 4
R905 1505 la, 4
905
906 Section 4. Repeal of Local Energy Efficiency Enhancements.
907
908 Article V (Energy Efficiency Standards) of Title IV, Chapter 13 is deleted in its entirety.
909
910 Section 5. Severability.
911
912 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
913 reason held to be invalid or unconstitutional by a decision of a Court of competent
914 jurisdiction, such decision shall not affect the validity of the remaining portions of the
915 Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
916 passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
917 irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
918 phrases may be declared invalid or unconstitutional.
919
920 Section 6. Effective Date.
921
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective --/--/2016 Page 25
922 A summary of this Ordinance shall by published and a certified copy of the full text
923 of this Ordinance shall be posted in the office of Town Clerk at least five (5) days prior to
924 the Council meeting at which it is adopted. This Ordinance shall be in full force and effect
925 thirty (30) days after the date of adoption, or on January 1, 2017 (whichever occurs last),
926 and the summary of this Ordinance shall be published within fifteen(15) days after its
927 adoption, together with the names of the Councilmembers voting for or against same, in a
928 newspaper of general circulation in the Town of Tiburon, County of Marin, State of
929 California.
930
931
932 This ordinance was read and introduced at a regular meeting of the Town Council of
933 the Town of Tiburon, held on the 2nd day of November, 2016, and was adopted at a regular
934 meeting of the Town Council of the Town of Tiburon, held on the day of
935 , 2016, by the following vote:
936
937
938 AYES: COUNCILMEMBERS:
939
940 NAYS: COUNCILMEMBERS:
941
942 ABSENT: COUNCILMEMBERS:
943
944
945
946
947 ERIN TOLLINI, MAYOR
948 TOWN OF TIBURON
949
950 ATTEST:
951
952
953
954
955 DIANE CRANE IACOPI, TOWN CLERK
Town of Tiburon Ordinance No. 566 N. S. DRAFT Effective--/--/2016 Page 26
M
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard
November 16,2016
E Tiburon, CA 94920 Agenda Item:
STAFF OR
To: Mayor& Members of the Town Council
From: Community Development Department
Subject: Amend Title VI, Chapter 23 (Motor Vehicles and Traffic) of the
Tiburon Municipal Code to Clarify Provisions Regarding Electric
Bicycles on Town Paths, including Old Rail Trail, and to Establish a 15
mile/8 mile per hour speed limit for wheeled vehicles or devices on Old
Rai rail; File MCA2016-05; Adoption of Ordinance
Reviewed by:
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on November 2, 2016, and waived additional readings. The ordinance now comes to the Town
Council for consideration of adoption.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance. Should any Councilmember choose to vote differently on this item than other items
on the consent calendar,then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve the adoption of Ordinance No. 567 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 567 N. S.
Prepared by: Scott Anderson,Director of Community Development
1
2
3
4 ORDINANCE NO. 567N.S. (DRAFT)
5
6 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
7 AMENDING MUNICIPAL CODE TITLE VI, CHAPTER 23 (REGULATION OF
8 MOTOR VEHICLES AND TRAFFIC) TO AUTHORIZE THE USE OF CERTAIN
9 CLASSES OF ELECTRIC BICYCLES ON BICYCLE AND PEDESTRIAN PATHS
10 OWNED BY THE TOWN OF TIBURON,INCLUDING OLD RAIL TRAIL, AND TO
11 ESTABLISH A MAXIMUM SPEED LIMIT ON OLD RAIL TRAIL
12
13
14 The Town Council of the Town of Tiburon does ordain as follows:
15 SECTION 1. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
16 A. Title VI, Chapter 23, Section 23-24 is amended to read as follows:
17 23-24 Vehicles and horses prohibited on bicycle/pedestrian paths.
18 (a)No person shall operate or drive any motorized vehicle upon any portion of any
19 bicycle or pedestrian paths owned by the Town of Tiburon. This prohibition shall not
20 apply to:
21
22 (1) The Town of Tiburon's official vehicles, or to emergency vehicles, operated by
23 public employees;
24 (2) Vehicles operated by any public utility company engaged in emergency repairs, or any
25 vehicle operated under the terms of a valid encroachment permit issued by the Town
26 of Tiburon;
27 (3) Any "class 1 electric bicycle" or "low-speed pedal-assisted electric bicycle," as
28 defined in California Vehicle Code section 312.5;
29 (4) Any "class 2 electric bicycle" or"low-speed throttle-assisted electric bicycle," as
30 defined in California Vehicle Code section 312.5.
31
32 (b) No person shall permit or allow any horse to enter any paved portion, exclusive of
33 identified crossing points, of any bicycle or pedestrian path owned by the Town of
34 Tiburon.
35
36
37
38
.�:'L� , INTO®
Tiburon Town Council Ordinance No. 567 N. S. DRAFT Effective--1--/2016 Page I I
39 B. Title VI, Chapter 23, Section 23-25 is amended to read as follows:
40 23-25 Use of vehicles on Old Rail Trail.
41 (a) Permitted vehicles and devices. The following uses shall be permitted only on the
42 asphalt concrete portion of that certain multi-use path owned by the Town of Tiburon,
43 commonly known as Old Rail Trail, and formerly the Northwestern Pacific Railroad
44 Company right-of-way, more particularly described in those certain deeds conveying
45 the property to the Town of Tiburon, recorded in Book 2426, Page 99, and Book 2429,
46 Page 428, of the Official Records of Marin County:
47
48 (1) Roller skates or roller blades;
49 (2) Skateboards;
50 (3) Pedal-powered, non-motorized bicycles or tricycles that do not exceed
51 thirty-six inches in width and are not used for commercial purposes;
52 (4) "Class 1 electric bicycles" or"low-speed pedal-assisted electric bicycles"
53 and "class 2 electric bicycles" or"low-speed throttle-assisted electric
54 bicycles," as defined in California Vehicle Code section 312.5; provided that
55 such bicycles do not exceed thirty-six inches in width and are not used for
56 commercial purposes.
57 (5) Baby carriages and strollers;
58 (6) Conveyances for disabled persons;
59 (7) Emergency vehicles;
60 (8) Department of public works vehicles.
61 (9) Vehicles operated by any public utility company engaged in emergency
62 repairs, or any vehicle operated under the terms of an encroachment permit
63 issued by the Town of Tiburon.
64
65 (b) Vehicles required to yield the right-of-way to pedestrians. Under all circumstances
66 the rider or operator of wheeled vehicles or devices which are permitted uses on Old
67 Rail Trail under subsection (a) of this section, shall yield the right-of-way to
68 pedestrians; due and proper care for the health and safety of pedestrians shall at all
69 times be exercised by the rider or operator of such vehicles or devices.
70
71 (c) Group riding. No more than two persons shall ride or operate wheeled vehicles or
72 devices side-by-side on Old Rail Trail.
73
74 (d) Racing—Unsafe riding. It is unlawful for any person riding or operating any
75 wheeled vehicle or device to race any other such vehicle or device or person upon Old
76 Rail Trail. It is also unlawful for any person riding or operating any wheeled vehicle or
77 device to engage in any unsafe riding or operating which endangers the health or safety
78 of any person, including the operator or such vehicle.
79
Tiburon Town Council Ordinance No. 567 N. S. DRAFT Effective 4--/2016 Page 12
80 (e) Dangerous speed. It is unlawful for any person to ride or operate any wheeled
81 vehicle or device on Old Rail Trail at a speed greater than fifteen (15) miles per hour.,
82 or if pedestrians are present no greater than eight (8) miles per hour, or to endanger the
83 health, safety or property of any other person while riding or operating any wheeled
84 vehicle or device on Old Rail Trail, or to ride or operate such vehicle or device on Old
85 Rail Trail in a reckless, wanton or careless manner so as to endanger the health or
86 safety of any person, including such rider or operator.
87
88 (f) Applicability of traffic regulations. Every person who rides or operates any wheeled
89 vehicle or device permitted on Old Rail Trail shall have all the rights and shall be
90 subject to all of the duties applicable to the driver of a vehicle under this chapter except
91 those provisions which by their very nature can have no application to such persons.
92 SECTION 2. SEVERABILITY.
93
94 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to
95 be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision
96 shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the
97 Town of Tiburon hereby declares that it would have passed this Ordinance, any section,
98 subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more
99 sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
100
101 SECTION 3. PUBLICATION AND EFFECTIVE DATE.
102
103 This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and
104 before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
105 ordinance shall be published with the names of the members voting for and against it at least
106 once in a newspaper of general circulation published in the Town of Tiburon.
107
108 This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon
109 on November 2, 2016, and was adopted at a regular meeting of the Town Council of the Town of
110 Tiburon on _, 2016, by the following vote:
111
112 AYES: COUNCILMEMBERS:
113
114 NAYS: COUNCILMEMBERS:
115
116 ABSENT: COUNCILMEMBERS:
117
118
119
120 ERIN TOLLINI, MAYOR
121 TOWN OF TIBURON
122 ATTEST:
123
124
Tiburon Town Council Ordinance No. 567 N. S. DRAFT Effective--1--/2016 Page 13
125
126 DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Ordinance No. 567 N. S. DRAFT Effective--/--/2016 Page 14
»`.
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard November 16,2016
Tiburon, CA 94920
Agenda Item:cc,
���°�* • g
STAFF
PO.
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Approve Services Agreement for Preparation of an Environmental
Imp ct Report for the Tiburon Peninsula Club Expansion Project
Reviewed By: g
BACKGROUND
The Town of Tiburon is currently processing an application for an expansion of the Tiburon
Peninsula Club to construct two additional tennis courts, accessory facilities and parking, and to
install lights for six existing courts and the two proposed courts. The Town has determined that
an environmental impact report will be required and that outside professional environmental
review assistance is required. Staff has received two proposals for the environmental work, as
follows:
Leonard Charles & Associates: $ 86,169
Nichols Berman Environmental Planning: $152,500
Staff recommends that the firm of Leonard Charles & Associates be selected to perform this
work. The cost of the services will be borne by the applicants.
RECOMMENDATION
Staff recommends that the Town Council approve the recommended selection and authorize the
Town Manager to negotiate and execute the agreement in an amount not to exceed $86,169.
Prepared By: Scott Anderson, Director of Community Development
y
Town Council Meeting
TOWN OF TISURON g
November 16, 2016
' ,� 1505 Tiburon Boulevard
' ' fTiburon, CA 94920 Agenda Item: ,-
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Director of Public Works
Subject: Reclassification of Assistant Superintendent of Public Works to
Su eri endent of Public Works
Reviewed By: L
BACKGROUND
On March 14, 2016, the Town's Superintendent of Public Works retired. Town Management
backfilled the Superintendent's position at the Assistant Superintendent of Public Works level.
Patrick Kerslake was promoted to the Assistant positon from his position as Senior Maintenance
Worker. The approved FY 2017 Municipal Budget allocated the Assistant Superintendent of
Public Works position for the full year. The Director of Public Works has completed the
Assistant Superintendent of Public Works six-month evaluation. During the past six months
Patrick Kerslake has performed at the Superintendent level and has improved processes in the
shop and started new initiatives to improve performance. It is clear that Mr. Kerslake is properly
functioning at the level of Superintendent of Public Works and should be promoted to that
position.
ANALYSIS
The Assistant Superintendent of Public Work's current annual salary is $87,300. The Town's
salary schedule calls for a beginning annual salary of$96,384 for the Superintendent of Public
Works. It is recommended that Patrick Kerslake be promoted to the position of Superintendent of
Public Works effective November 7, 2016. Should Council accept this recommendation, the
additional cost for the remainder of the fiscal year would be $6,541, broken down as follows:
Salary $6,056
FICA 88
Ca1PERS 397
$6,541
Staff is not recommending a budget amendment for this reclassification as the increased costs can
be absorbed in the current budget.
RECOMMENDATION
It is recommended that the Town Council:
TOWN OF TIBURON PAGE 1 OF 2
1. Authorize the reclassification of the Assistant Superintendent of Public Works to
Superintendent of Public Works effective November 7, 2016.
Prepared by: Patrick Barnes
off
TOWN OF TIBURON Town Council Meeting
November 16, 2016
1505 Tiburon Boulevard Agenda Item: CC -
" � Tiburon, CA 94920
a
STAFF REPORT
1
To: Mayor and Members of the Town Council
From: Office of the Town Clerk
Subject: Yemendation to Adopt Resolution Commending Diane Crane Iacopi
h Retirement from the Town of Tiburon
Reviewed By: o
BACKGROUND
Town Clerk Diane Crane lacopi announced her retirement from the Town earlier this year. Diane
has been involved in all aspects of our community life over the past twenty-one years. Her
dedication to the Town is ongoing, even though she will step down at the end of November.
RECOMMENDATION
Staff recommends that the Council adopt the resolution commending Diane Crane Iacopi for her
outstanding service to the Town, upon her retirement.
Exhibit: Resolution
Prepared By: Lea Stefani,Community Development Aide
TOWN OF TiBURON PAGE 1 OF I
Resolution No. 28-2016
A Resolution of the Town Council of the Town of Tiburon Commending
Diane Crane Iacopi
On the Occasion of her Retirement from the Town of Tiburon
WHEREAS, on March 18, 2015, the Town Council adopted Resolution No. 13-2015,
commending Diane Crane Iacopi on her 201h anniversary of employment with the Town of
Tiburon; and
WHEREAS, less than 18 months after receiving these commendations, Diane has chosen to
deservedly rest on her laurels and retire from her position as the longest-serving Town Clerk in
Tiburon's history; and
WHEREAS, Diane has performed the many duties of Town Clerk in an exemplary manner,
serving the Town Council with distinction, overseeing elections with openness and fairness, and
acting as guardian of the Town's administrative records and a custodian of the Town's recent
history; and
WHEREAS, Diane's actions have helped keep the Town on the straight and narrow by
navigating the complicated legal waters of the California Fair Political Practices Commission,
various and sundry other State regulations, and, of course, the Brown Act; and
WHEREAS, Diane has helped to foster the bonds of community in Tiburon by serving a vital
role in the creation and ongoing publication of the Tiburon Talk electronic newsletter to connect
the Town with its citizens, facilitating special events throughout Tiburon and ensuring that the
Town's records and processes are as open as possible; and
WHEREAS, Diane has managed to accomplish all these things with good humor and strength of
character, through changing times and challenging circumstances, and has been a cherished co-
worker to all at the Town, but has now chosen a well-earned retirement with her beloved
husband Tony.
Now THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon,
on behalf of all our citizens, does hereby amend and amplify Resolution No. 13-2015 to
commend, congratulate and sincerely thank Diane Crane Iacopi for more than 21 years of
exceptional service to the Town of Tiburon on the occasion of her retirement in 2016.
PASSED AND ADOPTED at a regular meeting of the Council, on November 16, 2016, by the
following vote:
AYES: Councilmembers: Doyle, Fraser, Fredericks, O'Donnell, Tollini
ERIN TOLLINI, MAYOR
ATTEST:
GREG CHANIS, DEPUTY TOWN CLERK
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard November 16,2016
i ✓f�' A enda Item:
`y✓ W �... Tiburon,CA 94920 g
x lm
S.r
STAFF REPORT
To: Mayor & Members of the Town Council
From: Office of the Town Manager
Subject: Consider Request from the Heritage & Arts Commission to Reduce its
Me ership from Nine to Seven Persons---Resolution
Reviewed by: - a
BACKGROUND
In July 2014, the membership of tk Heritage & Arts Commission was increased from seven to
nine persons as part of a larger update of the Commission's mission, scope, and duties, as set
forth in Resolution No. 31-2014 (Exhibit 1).
At the time, the stated objective of increasing the membership was to provide adequate
manpower to better shoulder the workload borne by the Commission. However, in the two plus
years since the membership change was made, it has become apparent that more is not always
better. The Commission has had difficulty with member attraction and retention, resulting in
prolonged vacancies and creating problems with achieving a simple quorum to hold its regular
meetings. For these reasons, a nine-member group is proving to be unsustainable and unwieldy,
and the Commission is requesting a return to seven members.
DISCUSSION
The Commission recognizes and appreciates the reasons why the membership was increased in
2014. The Town Council had expressed interest in seeing larger projects such as the Tiburon Art
Festival come to fruition, and the hope was that with more "hands", the Heritage & Arts
Commission would be able to make such projects more feasible. However, after detailed
exploration of this project in particular, and of other projects discussed at the October 27, 2015
Town Council/Heritage and Arts Workshop, the Commission has realized that without extensive
collaboration and support by other entities (such as the Chamber of Commerce or the Landmarks
Society), these larger events remain beyond the means of the Commission, regardless of the
additional hands on board. Instead, the larger membership requirement has through
circumstances and unintended consequences reduced the functional effectiveness of the
Commission. There are currently two vacancies on the Commission, and the most recent
advertisement for recruitment of members produced no applicants. In the interim, attaining a
quorum for regular meetings has become an increasing challenge. A return to seven members is
therefore being urgently requested by the Commission.
Town Council \1cclin
\o\clnhu 16. -101b
RECOMMENDATION
Staff recommends that the Town Council accept the recommendation of the Heritage & Arts
Commission and adopt the resolution (Exhibit 2) reducing the membership from nine to seven
persons.
EXHIBITS
1. Resolution No. 31-2014
2. Draft Resolution
Prepared by: Patti Pickett,Liaison to Heritage&Arts Commission
Scott Anderson, Director of Community Development
_.......__..............__..__._. -
-I ow\of T1Bl Iwo ' Pnlac
EXHIBIT IT N
L].�Al,� R .
RESOLUTION NO. 31-2014
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REAFFIRMING THE ESTABLISHMENT OF THE
HERITAGE AND ARTS COMMISSION AND MODIFYING ITS DUTIES AND
MEMBERSHIP TO CONFORM TO PROVISIONS OF CHAPTER 2, ARTICLE VI,
SECTION 2-25 OF THE TIBURON MUNICIPAL CODE
WHEREAS, the Tiburon Peninsula Heritage and Arts (H&A) Commission was
established on November 5, 1986 by adoption of Town Council Resolution No. 2417,the
provisions of which were subsequently modified by Town Council Resolutions 2746,3071,
and 3329; and
WHEREAS, in 1999,the Town Council adopted Ordinance No. 444 N. S., codified in
part as Chapter 2, Article VI of the Tiburon Municipal Code, said ordinance modifying
provisions regarding the establishment and.duties of boards and commissions authorized by
resolution of the Town Council; and
WHEREAS, the H&A Commission constitutes one such commission established by
resolution of the Town Council; and
WHEREAS, on June 18, 2014,the Town Council directed Town staff to prepare the
documents necessary to expand the membership of the H&A Commission; and
WHEREAS, the prudent course of action would be to update the H&A Commission's
governing resolutions to conform with provisions of Chapter 2, Article IV of the Tiburon
Municipal Code; and
WHEREAS, Town staff has prepared a draft resolution proposing the recomended
membership expansion and incorporating other conforming amendments for cmonsideration by
the Town Council; and
WHEREAS,the Town Council has duly considered the draft resolution, and has
heard and considered any testimony received on the matter at a public meeting held on July
2, 2014.
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby adopts
modified governing provisions, as set forth herein, for the Tiburon Peninsula Heritage and
Arts Commission, and supersedes all provisions of Resolutions 2417, 2746, 3071,and 3329,
with the exception of the basic establishment clauses set forth therein.
BE IT FURTHER RESOLVED that the Town Council, pursuant to Chapter 2, Article
VI, Section 2-25 of the Tiburon Municipal Code, does hereby re-affirm the Tiburon
Peninsula Heritage and Arts Commission as an official standing body of the Town of
Tiburon and sets forth its duties and qualifications, procedures for appointment and removal,
terms of office and other such information as necessary for the proper appointment and
functioning of said Commission, as follows:
Tiburon Town Council Resolution No. 31-2014 07/02/2014 1
1. Mission. The mission of the H&A Commission is to "Preserve and advance
the Town's unique historic and cultural character and to advance the arts in
and for the benefit of the community".
2. Purposes. The purposes of the H&A Commission are:
(a) To assist and encourage citizen participation in the cultural and artistic
life of the community; and
(b) To encourage and support local exposure of the talents of Peninsula .
residents.
(c) To provide initial financial assistance for the pursuit of cultural and
related artistic endeavors on the Tiburon Peninsula.
(d) To advise, via review and recommendations,Town review authorities
and officials on various aspects of the arts and historic and cultural
resources on the Tiburon Peninsula.
3. Duties and Functions. The duties of the H&A Commission are advisory and
may supplement, but not supersede,the duties of a board or commission
established by ordinance. The duties and functions of the H&A Commission
are established as follows:
(a) To recommend the appropriate selection,placement,modification
and/or maintenance of art and historic objects in the Town of Tiburon
for protection, enhancement, or perpetuation.
(b) To make recommendations upon referral pursuant to Title TV,Chapter
' 13B (Historical Landmarks),of the Tiburon Municipal Code.
(c) To approve work and/or exterior alterations to local Historic
Landmarks, designated as such pursuant to Chapter 13B of the
Municipal Code,when the designating resolution requires H&A
Commission review and approval prior to performance of any such
work and/or exterior alterations.
(d) To make recommendations to the Town Manager pursuant to the
adopted Naming of Town-owned Parks Lands Streets, and Other
Facilities Policy, as may be amended from time to time by the Town
Council.
(e) To organize,promote and implement events, programs and/or projects
that foster and fulfill the mission and purposes of the H&A
Commission as set forth herein and which are primarily self-
supporting in nature.
(f) To review and make recommendations on the request of any group
interested in artistic displays at Town of Tiburon facilities.
(g) Upon request from the Town Council,Planning Commission,Design
Review Board, or Town staff,review and provide recommendations
on any zoning permit or other relevant matter involving cultural or
historic resources within the Town of Tiburon.
(h) To prepare an annual report to the Town Council, on or about Tune 30
of each year; describing and evaluating the Commission's efforts
during the past fiscal year and outlining planned'efforts for the next
fiscal year.
Tiburon Town Council Resolution No. 31-2014 07/02/2014 2
4. Membership & Qualifications. The H&A Commission shall be comprised
of nine (9) members whose qualifications shall be as follows:
(a) Five (5) members who must be residents of the Town of Tiburon.
(b) Four (4) members who may be residents of any part of the greater
Tiburon Peninsula (comprised of the Town of Tiburon, City of
Belvedere, and any unincorporated area including Paradise Drive and
the Strawberry/Eagle Rock/Bay Vista area).
5. Appointment and Removal of Members. Members shall be appointed by
the affirmative vote of a majority of the Town Council, and may be removed
by the affirmative vote of a majority of the Town Council,
6. Terms. The term of office of H&A Commission members shall be four (4)
years, and shall be staggered in a manner determined by the Town Council.
Appointments to fill a vacancy where there is an unexpired tenn shall be for
the balance of the unexpired term only.
7. Procedures. The H&A Commission shall annually elect its own officers,
which shall include a Chair, a Vice-Chair, and a Secretary, and shall adopt
such rules and regulations as it may deem necessary for the conduct of its
duties, including by-laws. Election of officers shall be at the first meeting
held after June 30 of each year. The Chair shall preside over meetings and
establish the agenda for each meeting with the staff liaison. The Vice-Chair
shall assume the responsibilities of the Chair in the absence of the Chair. The
Secretary shall be responsible for keeping summary minutes of Commission
meetings. The H&A Commission shall have the authority to appoint ad-hoc
subcommittees of less than a quorum of its members as it deems necessary or
appropriate to fulfill its duties.
8. Liaison. The Town Manager may appoint a representative or representatives
to act as liaison between the H&A Commission and the Town Manager,Town
staff, and other Town boards and commissions. Said representative(s) may
serve as an ex-officio recording secretary for the H&A Commission on an as-
needed basis as determined by the Town Manager.
9. Meetings. The H&A Commission shall adopt a regular schedule of meetings
and should meet at least quarterly, but may meet more or less often as needed.
Meetings of the H&A Commission are subject to State of California open
meeting laws (i.e.,the Brown Act) and shall be open to the public. Notices of
meetings shall be posted and distributed in accordance with state law.
Tiburon Town Council Resolution No. 31-2014 07/02/2014 3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on July 2, 2014, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Tollini
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
)II-91-61AIL
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. 31-2014 07/02/2014 4
EXHIBIT 140--iffioaftal"
DRAFT
RESOLUTION NO. XX-2016
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING RESOLUTION NO. 31-2014
TO DECREASE THE NUMBER
OF HERITAGE AND ARTS COMMISSION MEMBERS FROM NINE TO SEVEN
WHEREAS, Resolution No. 31-2014, adopted in July of 2014, increased membership
of the Heritage & Arts Commission from seven (7) to nine (9) members, each with a term of
four (4) years; and
WHEREAS, since that time the Heritage and Arts Commission has experienced
difficulties with member retention, prolonged vacancies, and with establishing a quorum at
regular meetings, and now requests that membership be reduced again to seven (7) members,
and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby amend Section 4 of Resolution No. 31-2014 to read as follows:
4. Membership & Qualifications. The H&A Commission shall be comprised
of seven (7) members whose qualifications shall be as follows:
(a) A minimum of four (4) members must be residents of the Town of
Tiburon at the time of appointment.
(b) Up to two (2) members may be residents of the City of Belvedere at
the time of appointment.
(c) One (1) member may be a resident of unincorporated territory located
on the greater Tiburon Peninsula (including the Paradise Drive area
and the Strawberry/Eagle Rock/Bay Vista area) at the time of
appointment.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on November 16, 2016, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ERIN TOLLINI, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No.XX-2016 11116/2016 1
r
TOWN OF TIBURON Town Council Meeting
w `
1505 Tiburon Boulevard November 16,2016
_ . Tiburon, CA 94920Agenda Item: PH'
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: 60 Monterey Drive; File No. PDPA2016002
Request to Amend the Cypress Hollow Precise Development Plan (PD
#45f to Increase the Maximum Floor Area for Lot 34; Michael and Kelly
Day,OJb"ner; Ayse Sercan,Applicant; Assessor's Parcel No. 034-394-06
Reviewed By: ( a-
PROJECT DATA
Address: 60 Monterey Drive (Lot 34, Cypress Hollow Subdivision)
Assessor's Parcel Number: 034-394-06
File Number: PDPA2016002
Lot Size: 10,392 square feet
Zoning: RPD (Residential Planned Development)
Precise Plan: Cypress Hollow Precise Development Plan (PD #45)
General Plan: M (Medium Density Residential)
Current Use: Single-Family Residential
Owners: Michael and Kelly Day
Applicant: Larson Shores Architecture + Interiors-Ayse Sercan
BACKGROUND
The project is the proposed amendment to the Cypress Hollow Precise Development Plan for
property located at 60 Monterey Drive. The property owner proposes to increase the maximum
floor area permitted for this lot (Lot 34). On October 26, 2016, the Planning Commission
adopted Resolution No. 2016-18 (Exhibit 2) recommending to the Town Council that the Precise
Development Plan amendment be approved.
PROJECT DESCRIPTION
The single-family residence on this property was originally constructed with a floor area of 3,072
square feet (29.5% floor area) and a 738 square foot garage. The property owners wish to convert
undeveloped space within the existing mass and bulk of the house, beneath the garage, into a 640
square foot den, a second study, storage, and a half bathroom adjacent to the upper floor level of
the house, and also add an elevator on the east side of the home. The proposed addition would
increase the floor area of the house to 3,712 square feet, resulting on a floor area ratio of 35.7%.
As the resulting floor area ratio would exceed the 30% maximum floor area ratio permitted for
TOWN OF TIBURON PAGE 1 OF 3
Cavvn C:::ounci(N1uring
November 1.6, 01{
this property, the applicant is requesting to amend the Cypress Hollow Precise Development Plan
to increase the maximum permitted floor area ratio for this property to 35.7%.
HISTORY
The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin
County Board of Supervisors. County Resolution No. 88-252 (Exhibit 5) currently governs this
precise development plan and states that the floor area ratio for each parcel "shall be a maximum
of 30%." Garage space does not count toward the floor area allowed under the precise
development plan.
The house size limitations in the Cypress Hollow Precise Development Plan were established
prior to annexation into Tiburon, and prior to the Town's adoption of floor area ratio limits in all
residential zones. House size limits were placed on certain precise plans in both the County and
in Tiburon in the early 1980's, as a precursor to current floor area limitations established Town-
wide in 1990. Current practice for the Town is that a precise development plan approval must
specify floor area limits on all lots within a development.
For comparison purposes, under the Town's current"default"floor area ratio standards,the
subject property would be allowed a maximum floor area of 3,039 square feet for the dwelling,
plus an additional 600 square feet for garage space. The floor area ratio provided under the
Cypress Hollow Precise Development Plan would allow 3,118 square feet of floor area for this
home. The 3,712 square foot total area requested by this amendment would exceed the Cypress
Hollow floor area maximum by 594 square feet; and would also exceed the Tiburon default floor
area maximum for a lot of this size by 673 square feet.
Eight amendments to the Cypress Hollow Precise Development Plan have been approved to
increase the maximum floor area limit for various lots since this subdivision was annexed into
Tiburon in 1999. These amendments are: 70 Monterey Drive, 170 Rancho Drive, 70 Cypress
Hollow Drive, 120 Rancho Drive, 50 Monterey Drive, 20 Baccharis Place, 40 Monterey Drive
and 110 Rancho Drive. The review of these requests is summarized in the October 26, 2016
Planning Commission staff report (Exhibit 3).
ANALYSIS
The majority of the floor area requested in this application would be situated within the existing
footprint of the originally constructed house with a minor addition for an elevator. The elevator
would involve a minor exterior expansion to the walls of the residence and would be seen from
the front and east side of the home. The elevator addition would not appear to impact the adjacent
neighbors, but would increase the mass and bulk of the existing residence. In addition, the
proposed elevator would not serve all three levels, but would only provide access to the garage
level and upper level, and not the lower level.
The proposed addition would exceed the maximum floor area currently permitted by the Cypress
Hollow Precise Development Plan and the default Tiburon Floor area ratio for a lot of this size by
594 square feet and 673 square feet, respectively
(t.A1'ti t.}I. .1'(Ist _✓__ _.._______ ____.___.._ _ __________________ 1':cy;t';%oli 3
C mv.rl-Council
November lei,2016
REVIEW BY THE PLANNING COMMISSION
The Planning Commission held a public hearing on this application at its October 26, 2016
meeting. There was no public comment. The Planning Commission supported the proposed
request and found it was in conformance with the overall intent of Cypress Hollow Precise
Development Plan and the Tiburon General Plan. The Commission voted 5-0 adopting
Resolution No. 2016-18 recommending approval of the amendment to the Town Council.
Meeting minutes of the October 26, 2016 meeting are attached as Exhibit 4.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Sections 15301 and 15303 of the CEQA Guidelines.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on this item
2. Adopt the draft Resolution (Exhibit 6) finding the project exempt from CEQA and
conditionally approving the application.
EXHIBITS
1. Application form and supplemental materials
2. Planning Commission Resolution No. 2016-18
3. Planning Commission Staff Report dated October 26, 2016
4. Minutes of the October 26, 2016 Planning Commission Meeting
5. Marin County Board of Supervisors Resolution No. 88-252
6. Draft Resolution
7. Submitted plans
Prepared By: Kyra O'Malley,Associate Planner
TOWN OF TIBURON
LAND DEVELOPIMENT APPLICA. ICON 2 2 2016
PLANKING D1VIS10N
TYPE OF APPLICATION
o Design Review (DRB) o Tentative Subdivision Map
o Conditional Use Permit
'Precise Deve]opment Plan onend, o Design Review (Staff Level) o Final Subdivision Map
'o Secondary Dwelling Unit o Variance(s) # o Parcel Map
o Lot Line Adjustment
o Zoning Text Amendment o Floor Area Exception o Condominium Use Permit
o Tidelands Permit
o Rezoning or Prezoning o Seasonal Rental Unit Perniit
o General Plan Amendment o Tri penult o Other
o Temporary Use Permit
APPLICANT REQUIRED INFORMATION
. PROPERTY SIZE: i v
SITE ADDRESS: �a "'�`'�� �'� ZONING: 1,-) - �
PARCEL NUMBER:
PROPERTY OWNER: M•� �-�
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MAILING ADDRESS: (oD AQVv --
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PHONE/FAX NUMBER: E-MAIL: ymiekae, co v►-APPLICANT (Other than Property Owner).",- P4 s� ��
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MAILING ADDRESS: I-ate c� 6 0 7
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PHONE/FA.X NUMBER: E-MAIL: Abse l�vsov►s1�m-es • �'''"
A.RCRITECI'/DESIGNER/ENGINEER Ca.✓vie- Slab a- 1 s
MAILING ADDRESS: t-Ci vsavx S t"D. -d s Av-r•1.t.�."�-
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PHONE/FAX NUMBED:
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Please indicate with an asterisk (*) persons to whom' Town correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
1, the undersigned owner (or authorized agent) of the propet-ty herein described, hereby snake application for
approval of the plans submitted and made a part of this application in accordance with the provisions of the Town
Municipal Code, and l hereby certify that the information given is true and correct to the best of my kno-wledge and
belief.
I understand that the requested approval is for my benefit (or that of nay principal), Therefore, if the Town grants
the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for
defending against this challenge. I therefore agree to accept this responsibility for defensee at the request of the
Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising
from the approval, including, without limitation, any award of attorney's fees that might result from the third party
challenge.
i
Signature:* Date:
The property involving this permit request may be subject to deed restrictions called Covenants, Conditions and
Restrictions (CC&R-s), which may restrict the property's use and development. These deed restrictions are private
agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such
restrictions are NOT considered by the Town when granting permits. .
You are advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate
homeowners association and adjacent neighbors about your project prior to proceeding with construction.
Fcllowit'tg this prose e will minimize the potential for disagreement among neighbors and possible litigation.
Signature:* 1/ Date: c l 0i
*If other than owner, must have an authora4 on letter from the owner or evidence of de facto control of the
propertmfd o—thus application
NOTICE TO KPPLiiLa.X S
Pursuant to Califomia Government Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general
(non-parcel-specific),proposals to adopt or amend the Genera]Plan,Zoning Ordinance:Specific Plans, or an ordinance affecting building or
grading permits.
it you wish to receive such notice,then you may make a written request to the Director of Community Development to be included on a
mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also
specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed
envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration
ofthe time period requested for receiving such notices.
The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set, The Town will
determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be
updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application.
Requests should be mailed to:
Town of Tiburon rr,
Community E
Development Department D (� V
Planning Division D
1505 Tiburon Boulevard AUG 2 2 2016
Tiburon,CA 94920
(415)435-7390(Tel) (415)43-5-2439(Fax) PLANNINGDIVISION
www`,.town of Hhu ron.oro
DO NOT WRITE BELOW THIS LINE
DEPARTN EI�T'I AZ�?ROCESSING Ih�FORMA rl
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AUG 2 2 2016
60 Monterey Drive
PLANNING DIVISION
The request from 60 Monterey is to convert the undeveloped area beneath the garage into a play area
with storage and a half bath.They also want to construct an elevator tower from the garage to their
main level for easier access as they age; this tower would be entirely inside of the existing exterior
stairwell, below existing rooflines and above existing house foundations,for minimum site impact.This
project would increase the floor area from 3,210 square feet to 3,850 square feet on a 10,477 square
foot lot.The resulting floor area will be 36.7%of the lot size which was an increase of 6.1 percentage
points and would exceed Tiburon's default floor area ratio .
EXHIBIT NO.
3 o�
LA � S0N
ARCHITECTURE AND INTERIORS � SEP 0 8 2416 a
1
60 MONTEREY I PROJECT NARRATIVE
At first glance, the location of the elevator for this project may seem a bit odd. It is in a
place where the only room it gives stair-free access to is a playroom, rather than the rest
of the house. There are some sound design reasons for this location.
The first reason is about project scope. Our clients wanted a relatively small home
remodel rather than an extensive whole-house remodel, because with a young family
they want to minimize the disruption of a larger-scale project. With that in mind, we
brought a soils engineer and two structural engineers to see the site, and all
recommended not altering the existing foundation if at all possible because of the cost,
disruption, and complexity. So our plan is designed to use the existing foundation as is,
without any excavation. That means that the elevator has to sit above the foundation,
which means 2-3 steps down from the elevator to the floor to accommodate the elevator
pit. Since the homeowners are able to navigate stairs, this is still a usable configuration.
Then there is the issue of the floorplan of the home. This house has multiple split levels,
and plenty of interior stairs. This is the nature of this house and trying to provide elevator
access to all levels would require large-scale work that again crosses the line into a
major remodeling project. Fortunately, the interior stairs in the home are not a problem
for the homeowners. It is the stairs to the street level —22 of them whether you take the
interior staircase to the garage or the exterior staircase —that pose the greatest
challenge, because they are often traversed while carrying a toddler plus diaper bag and
stroller, maybe a trash bag, the mail, groceries, and whatever else needs to be carried. If
they cannot manage it all in one trip, that's another time down then back up the stairs,
while trying to keep small children corralled and on-task. The elevator, while a somewhat
expensive solution, is meant to address this struggle. It opens into the playroom, where
the children can be parked while loading or unloading is underway. There is a half bath
at hand for urgent needs.
So this is not the perfect location for an elevator. It does not give perfect access to the
home. And while ideally there would be a location to install an elevator that would give
accessible access to the entire home, we do not have that luxury here. Although in the
future the homeowners may have to move in order to live in a truly accessible home, the
elevator pushes that time further into the future, allowing them to age in place for longer
than they could with just the stair access. It is often small accommodations like this that
can make a house just navigable enough.
Because this elevator is an addition to an already large home, we also chose its position
to reduce its visual impact. We sited the elevator where the existing home bends around
it and conceals it from view in most directions. For minimal site impact we chose a
location that was entirely within the existing developed footprint of the home. It sits on an
existing concrete landing, above existing house foundations, and does not go above the
existing roof line. Even on elevations, where additions are usually emphasized, the
elevator tower does not change the overall massing of the house substantially, and in
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LARS0N .N
ARCHITECTURE AND INTERIORS
the only direction where it is fully visible there are tall existing redwood trees blocking it
from the sights of the nearest neighbor.
As far as the town's concerns over the space's potential for conversion into an
unpermitted inlaw unit, we did not add any doors between the main house and the family
room to show the intent to leave the space connected to the existing home. (There is an
existing door to the upper hallway which we did leave in place, but there is no door
separating this added space from the existing interior access to the garage.) Because
this space will be used as a family play room for two small children and their friends,we
put in a half bath for their use (small children often announce their need to use the
bathroom when the need is immediate rather than far enough in the future to allow a
walk down the hall).
We do understand the concerns the town has about increased density, and would like to
offerer plan that both meets those concerns and the needs of our clients, who are not
trying to sneak an unpermitted apartment or additional bedroom into the space but just
want to modify their home in a way that fits the needs of their,family. We are unable to
open the space more to the home because of existing shear walls, but some changes
we could make to the space to show that intent are:
• Reduce the half bathroom to a minimal footprint
• Remove the toy storage closet and make that space open to the rest of the room
• Change the existing door between the upper hallway and the garage staircase to
a glass door to give a visual connection between the spaces
We would prefer to take as many steps as possible towards meeting the town's concern
for density and potential for abuse of space without giving up entire programmatic
elements of the design.
U
� 201 6DIVI�;IQj�,
EXMIT NO.
33<-
'�v`�
-
Tz"L..,.,:v.
RESOLUTION NO. 2016-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF
AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45)
FOR PROPERTY LOCATED AT 60 MONTEREY DRIVE
ASSESSOR PARCEL NO. 034-394-06
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town has received and considered an application filed by Michael and Kelly Day for an
amendment to the Cypress Hollow Precise Development Plan to increase the maximum floor area
permitted for Lot 34 of the Cypress Hollow Subdivision. The subject property is developed with
existing single-family residence, and is commonly known as 60 Monterey Drive. The application
consists of the following:
1. Application form, dated August 22, 2016
2. Site Plan and Floor Plans, received October 17, 2016
B. The Planning Commission held a duly-noticed public hearing on October 26, 2016, and heard and
considered testimony from interested persons.
C. The Planning Commission has found that the project is exempt from the requirements of the
California Environmental Quality Act per Sections 15301 and 15303 of the CEQA Guidelines.
D. The Planning Commission finds, based upon application materials and analysis presented in the
October 26, 2016 staff report, as well as visits to the site and testimony received from the applicant,
that the project, as conditioned, is consistent with the requirements of the Tiburon Zoning Ordinance
regarding precise development plan amendments and is compatible with the overall intentions of the
Cypress Hollow Precise Development Plan. The requested increase in floor area does not
substantially alter the visual mass and bulk of the existing home, and does not increase the number of
bedrooms.
E. The Planning Commission finds that the project, as conditioned is consistent with the goals and
policies of the Tiburon General Plan. Policy LU-15 of the Land Use Element states that"remodels,
tear-down/rebuilds, and new construction shall be compatible with the design, size, and scale of
existing dwellings in the surrounding neighborhood." The proposed project, as conditioned, would
involve construction within the existing footprint of the house in a manner similar to that approved
for numerous other homes in the Cypress Hollow neighborhood.
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-18 OCTOBER 26,2016 1
FXMIT'NO.
� � 3
F. The proposed project, as conditioned, does not substantially add to the mass and bulk of the existing
house nor change the structure's relationship to the contours of the property. The structure is still
consistent with the surrounding neighborhood and does not result in privacy concerns for nearby
residences. This project therefore is not detrimental to the public health, safety or welfare.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of
the amendment to the Cypress Hollow Precise Development Plan to the Town Council, subject to the
following conditions:
1. Condition of Approval No. 3 (C) of Marin County Board of Supervisors Resolution No. 88-
252 shall be amended to read as follows:
"The FAR shall be a maximum of 30%; except that greater area is permitted for the
following lots:
a. Lot 33 (70 Monterey Drive) if attained entirely within undeveloped space
within the existing mass and bulk of the approved house, as generally depicted
on drawings dated 10/1/99,prepared by Marshall Balfe (4 sheets);
b. Lot 16 (170 Rancho Drive) if attained entirely within undeveloped space
within the existing mass and bulk of the approved house, as generally depicted
on drawings dated 1/4/2000,prepared by Mahoney Architects (4 sheets);
C. Lot 7 (70 Cypress Hollow Drive), as generally depicted on drawings dated
4/18/2001, prepared by Geoffrey Butler Architect (6 sheets), approving the
garage conversion and limiting the deck enclosure so that the total floor area
of the house does not exceed the Town of Tiburon default floor area ratio for
this property;
d. Lot 11 (120 Rancho Drive) if attained entirely within undeveloped space
within the existing mass and bulk of the approved house, as generally depicted
on drawings dated 9/14/2002, prepared by Marshal Balfe (6 sheets);
e. Lot 35 (50 Monterey Drive) if attained entirely within undeveloped space
within the existing mass and bulk of the approved house, as generally depicted
on drawings dated 1/28/2004, prepared by Richard Esteb (5 sheets);
f. Lot 26 (20 Baccharis Place) if attained entirely within undeveloped space
within the existing mass and bulk of the approved house, as generally depicted
on drawings dated 11/8/2005,prepared by Richard Esteb (6 sheets);
g. Lot 36 (40 Monterey Drive) if attained entirely within undeveloped space
within the existing mass and bulk of the approved house, as generally depicted
on drawings dated 7/6/2006,prepared by Mohamad Sadrieh(7 sheets)."
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-18 OCTOBER 26,2016 2
IEXMIT NO. Z I
h. Lot 10 (110 Rancho Drive) if attained entirely within undeveloped space
within the existing mass and bulk of the approved house, as generally depicted
on drawings dated 8/14/2012, prepared by Holscher Architecture (3 sheets)."
i. Lot 34 (60 Monterey Drive), as generally depicted on drawings dated
10/17/2016, prepared by Larson Shores Architecture + Interiors (10 sheets),"
2. This approval shall in no way alter other provisions of the Cypress Hollow Precise
Development Plan not specifically described herein.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on October
26, 2016, by the following vote:
AYES: COMMISSIONERS: WILLIAMS, CORCORAN, KULIK, WELLER AND WELNER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ERICA WILLIAMS, CHAIR
Tiburon Planning Commission
ATTEST:
KYRA O'MALLEY, SECRETARY
TIBURON PLANNING COMMISSION RESOLUTION NO.2016-18 OCTOBER 26,2016 3
EXHMIT NO. �-
ol 3
TOWN OF TIBURON Planning Commission Meeting
;' : 1505 Tiburon Boulevard October 26, 2016
Tiburon CA 94920
A enda Item: H 2
Q
rySTAFF REPORT
•
To: Members of the Planning Commission
From: Community Development Department
Subject: 60 Monterey Drive; File No. PDPA2016002
Request to Amend the Cypress Hollow Precise Development Plan (PD
#45) to Increase the Maximum Floor Area; Michael and Kelly Day,
Owner; Ayse Sercan,Applicant; Assessor's Parcel No. 034-394-06
PROJECT DATA
Address: 60 Monterey Drive (Lot 34, Cypress Hollow Subdivision)
Assessor's Parcel Number: 034-394-06
File Number: PDPA2016002
Lot Size: 10,392 square feet
Zoning: RPD (Residential Planned Development)
Precise Plan: Cypress Hollow Precise Development Plan (PD #45)
General Plan: M (Medium Density Residential)
Current Use: Single-Family Residential
Owners: Michael and Kelly Day
Applicant: Larson Shores Architecture + Interiors- Ayse Sercan
Flood Zone: X (Outside 500-year storm event)
PROJECT DESCRIPTION
The project is the proposed amendment to a precise development plan (the Cypress Hollow
Precise Development Plan) for property located at 60 Monterey Drive. The property owner
proposes to increase the maximum floor area permitted for this lot (Lot 34), which is currently
developed with a single-family dwelling.
The single-family residence on this property was originally constructed with a floor area of 3,072
square feet (29.5% floor area) and a 738 square foot garage. The property owners wish to convert
undeveloped space within the existing mass and bulk of the house, beneath the garage, into a 640
square foot den, a second study, storage, and a half bathroom adjacent to the upper floor level of
the house, and also add an elevator on the east side of the home. The proposed addition would
increase the floor area of the house to 3,712 square feet, resulting on a floor area ratio of 35.7%.
As the resulting floor area ratio would exceed the 30%maximum floor area permitted for this
property, the applicant is requesting to amend the Cypress Hollow Precise Development Plan to
increase the maximum permitted floor area for this property to 35.7%.
FM IT Na
TOWN OF TIBURON PAGE OF
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Ocxnhet`26,2016
BACKGROUND
The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin
County Board of Supervisors. County Resolution No. 88-252 (Exhibit 2) currently governs this
precise development plan and states that the floor area ratio for each parcel "shall be a maximum
of 30%." Garage space does not count toward the floor area allowed under the precise
development plan. Multiple amendments to the Cypress Hollow Precise Development Plan have
been approved to increase the maximum floor area limit for various lots since this subdivision
was annexed into Tiburon in 1999.
The house size limitations in the Cypress Hollow Precise Development Plan were established
prior to annexation into Tiburon, and prior to the Town's adoption of floor area ratio limits in all
residential zones. House size limits were placed on certain precise plans in both the County and
in Tiburon in the early 1980's, as a precursor to current floor area limitations established Town-
wide in 1990. Current practice for the Town is that a precise development plan approval must
specify floor area limits on all lots within a development.
For comparison purposes, under the Town's current "default" floor area ratio standards, the
subject property would be allowed a maximum floor area of 3,039 square feet for the dwelling,
plus an additional 600 square feet for garage space. The floor area ratio provided under the
Cypress Hollow Precise Development Plan would allow 3,118 square feet of floor area for this
home. The 3,712 square foot total area requested by this amendment would exceed the Cypress
Hollow floor area ratio by 594 square feet; and would also exceed the Tiburon default floor area
ratio for a lot of this size by 673 square feet.
Eight properties have been approved since 2000 to amend the Cypress Hollow Precise
Development Plan to increase the maximum allowable floor area. The following approved
properties are shown in the table below:
Address Year As Current Approved New Approved Living
Approved Constructed FAR Percentage Space- underneath
FAR garage
40 Monterey 2006 3,213 SF 3,818 35.2% Playroom
Dr. SF
50 Monterey 2004 3,115 SF 3,531 33.8% Playroom, storage
Dr. SF
70 Monterey 2000 3,100 SF 3,750 32.3% Playroom, office
Dr. SF
110 Rancho Dr. 2012 2,678 SF 2,854SF 31.5% Office
120 Rancho Dr. 2002 2,567 SF 2,607 33% Exercise and Play
SF Rooms
170 Rancho Dr. 2000 2,840 SF 3,420 34.2% Bedroom, Bathroom
SF
70 Cypress 2001 2,611 SF 2,981 32.5% Office, Family room
Hollow Dr. SF Expansion
20 Baccharis Pl. 2006 2,452 SF 2,718 33% Library, bathroom
SF
TC)MA OF_.FIJ."sC`R N Page.2.o
E�MIT INTO. __
Plan.ni ig C:omniissiotl Nlec A
Octobcr 2b,2016
The eight previously approved applications included qualifying language noting that special
circumstances were considered in the approval of requests, including findings that additions were
located within the existing walls of the houses, and did not result in any increase in mass and bulk
to the existing residences; that the additions would not increase the intensity of use of the
residences; or that the additional floor area requested by these applications did not significantly
exceed the maximum floor area currently permitted by the Cypress Hollow Precise Development
Plan.
PROJECT SETTING
60 Monterey Urivo a
i
CI�Fu
The subject property is located near the end of a cul-de-sac on Monterey Drive. The property
slopes downward from the street. The majority of the homes on Monterey Drive have garages on
the street level with the rest of the homes at lower levels following the slope. These homes were-
constructed with undeveloped crawlspace beneath the garage space.
ANALYSIS
Project Design
The majority of the floor area requested in this application would be situated within the existing
footprint of the originally constructed house with a minor addition for an elevator. The elevator
would involve a minor exterior expansion to the walls of the residence and would be seen from
the front and east side of the home. The elevator addition would not appear to impact the adjacent
neighbors, but would increase the mass and bulk of the existing residence. In addition,the
proposed elevator would not serve all three levels, but would only provide access to the garage
level and upper level, and not the lower level. Staff believes that the bathroom, separate study
and the elevator addition could potentially increase the intensity of use of the home and increase
the potential for this separate space to be used as a separate rental unit.
Except as noted above, the proposed application would be generally consistent with the findings
made for approval of the prior amendments to the Cypress Hollow Precise Development Plan.
The den,half bathroom, and study additions would be contained within the existing exterior walls
of the residences. The elevator addition would not increase the height of the home, but could be
seen from the street. The den, study and half bath could potentially increase the intensity of use
of the house. The proposed addition would exceed the maximum floor area currently permitted by
�.tt l 7 It,t It )\ _ EXHIBIT NO.
�'
bv� 5
1:'I.Inninc?Con)mission mectinl;
October 26,2016
the Cypress Hollow Prevised development Plan and the default Tiburon Floor area ratio for a lot
of this size by 594 square feet and 673 square feet, respectively
Compliance with the Cypress Hollow Precise Development Plan and General Plan
The proposed project has been reviewed for consistency with the Tiburon General Plan and with
the requirements of the Tiburon Zoning Ordinance regarding precise development plan
amendments. The project would appear to be consistent with the overall intent of the Cypress
Hollow Precise Development Plan, with the exception of a small addition that would minimally
add to the mass and bulk of the dwelling. The requested increase in floor area would not alter the
visual mass and bulk, except for the minor elevator addition.
Land Use Element Policy LU-15 states that "Remodels, tear-down/rebuilds, and new
construction shall be compatible with the design, size, and scale of existing dwellings in the
surrounding neighborhood. " The majority of the proposed construction would be within the
existing footprint of the house, which would be similar to the numerous other homes in the
Cypress Hollow neighborhood, with the exception of the elevator addition that would have a
small "pop out" in the front and east side of the home.
Staff concludes that the proposed elevator addition would be inconsistent with prior Town
approvals for floor area additions in the Cypress Hollow subdivision. Staff recommends that the
Commission consider limiting the approval to construction within the existing building footprint,
thus eliminating the proposed elevator addition. The draft resolution reflects this elevator
elimination.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Sections 15301 and 15303 of the CEQA Guidelines.
PUBLIC COMMENT
As of the date of this report, no correspondence has been received regarding the subject
application.
FUTURE ACTIONS REQUIRED
The Planning Commission's action on this project would be in the form of a recommendation of
approval to the Town Council or denial by the Commission. A Commission denial could be
appealed to the Town Council, while a recommendation for approval would be automatically
forwarded to the Town Council. If the precise development plan amendment is approved by the
Town Council, the proposal would require Site Plan and Architectural Review approval and the
necessary building permits.
RECOMMENDATION
Staff recommends that the Planning Commission:
o�
1'I�an:��:in.�C;ot;�tn.ission;'�4eet.n.n
October 26,21116
1. Hold a public hearing on this application:
2. If the Commission concludes that the proposed amendment would be consistent with
the intent of the Cypress Hollow Precise Development Plan, the Commission should
consider the draft resolution (Exhibit 3) recommending approval of the amendment to
the Town Council, and
Exhibits:
1. Application and Supplemental Materials
2. County of Marin Resolution No. 88-252
3. Draft Resolution
4. Submitted Plan
Prepared By: Kyra O'Malley,Associate Planner
agc 01
6F
comfortable with a 6 month review period, stating that by that time the Commission will have an
idea of whether it is working or not. Commissioner Weller, Vice Chair Corcoran and Chair
Williams agreed to that amendment.
Vice Chair Corcoran asked if the use, if approved, could be transferred and a larger rental
business could come in. Mr. Watrous stated that the new use would be subject to the conditions
of approval of the adopted resolution, which includes information in the use and information
management document limiting the number of rentals. He said that a larger bike rental business
could not operate in a fashion which conflicts with the use permit.
ACTION: It was M/S (Weller/Williams)that the Commission adopt the resolution approving the
conditional use permit, as amended as follows: At the end of Condition No. 1's sentence, amend
to state, "...except as modified by this resolution"; and modify Condition No. 2 to read "Outdoor
display of merchandise shall be limited to the west side of the corner entrance door. No other
outdoor storage of materials or signage, other than display of bicycles, is permitted. Rental
transactions shall be conducted wholly within the building interior. All outdoor display and
commercial activities, including bicycle demonstrations, shall be limited to areas on private
property and shall not extend onto Town-owned property. Up to twenty-five (25) bicycles may
be available for rental per day. The Planning Commission shall determine six (6)months after
the adoption of this resolution whether any other limits shall be imposed on the bicycle display
area." Motion carried 5-0.
2. 60 Monterey Drive: Consider approval to amend the Cypress Hollow Precise
Development Plan (PD #45) to increase the maximum floor area for an existing single-
family dwelling; File #PDPA2016002; Michael and Kelly Day, Owner; Ayse Sercan,
Applicant; Assessor's Parcel No. 034-394-06 [KO]
Associate Planner Kyra O'Malley gave the staff report, and said the project is the proposed
amendment to a precise development plan(the Cypress Hollow Precise Development Plan) for
property located at 60 Monterey Drive. The property owner proposes to increase the maximum
floor area permitted for this lot.
This single-family residence on this property was originally constructed with a floor area of
3,072 square feet which is 29.5% floor area. The property owners wish to convert undeveloped
space beneath the garage, into a 640 square foot den, a second study, storage, and a half
bathroom adjacent to the upper floor level of the house, and also add an elevator on the east side
of the home.
The proposed addition would increase the floor area of the house to 3,712 square feet, resulting
on a floor area ratio of 35.7%. The Cypress Hollow Development Plan was originally approved
in 1988 by the Marin County Board of Supervisors. She said 8 properties have been approved
since 2000 to amend the precise development plan to increase the maximum allowable floor
area. She then referred to page 2 of the staff report which summarizes those amendments as well
as the outcome of all approvals.
TIBURON PLANNING COMMISSION October 26,2016 MINUTES NO. 1068 DRAFT PAGE 7
EXHMITNO. 4
Ir-
The majority of the request would be situated within the existing footprint of the originally
constructed house with a minor addition for an elevator. The elevator would involve a minor
exterior expansion to the walls of the residence and would be seen from the front and east side of
the home. In addition, the proposed elevator would not serve all three levels, but would only
provide access to the garage level and upper level.
Staff believes that the bathroom, study and the elevator addition could potentially increase the
intensity of use and increase the potential for this separate space to be used as a separate rental
unit. Staff has reviewed this application and has found it consistent with the Tiburon General
Plan and requirements of the Tiburon Zoning Ordinance, and the majority of proposed
construction would be within the existing footprint of the house and would be similar to the
numerous other homes approved in the Cypress Hollow neighborhood, with the exception of the
elevator addition that would have a small pop-out. Staff concludes that the proposed elevator
addition would be inconsistent with the Town approvals for the floor area addition within the
Cypress Hollow subdivision and staff recommends that the Commission consider limiting the
approval to construction within the existing building footprint,thus eliminating the proposed
elevator addition.
Staff recommended that the Commission hold a public hearing, and if the Commission concludes
that the proposed amendment would be consistent with the intent of the Cypress Hollow Precise
Development Plan, the Commission should consider the draft resolution as Exhibit 3
recommending approval of the amendment to the Town Council.
Chair Williams said her understanding is that staff believes the elevator is not consistent with the
spirit of prior amendments because it adds to the mass and bulk. Mr. Watrous stated that the
issue had more to do with previous decisions made for other amendments and consistency where
the Council has allowed additional floor area only within the existing building footprint and less
a matter of the visual massiveness or creation of visual impacts.
Commissioner Kulik asked what the current condition of the undeveloped space was. Ms.
O'Malley stated that it is crawl space under the garage, which is common for the subdivision. He
asked and confirmed that the conversion would be completely contained within the volume limit
of the house.
Commissioner Welner confirmed that there was no opposition relating to the request.
Ayse Sercan, designer, showed pictures of the existing house and topography and the location of
the proposed addition. She said that they consulted with engineers to find the best location for
the elevator due to the existing house foundations and slope. She said that they were unable to
move the elevator further into the house because it would be disruptive to the foundation, and
they did not want to dig out a hole in the hillside to put an elevator in to serve all three floors.
She said that the elevator would enable the homeowners to bring groceries and items up and
down and not have to travel up and down 22 steps to the street level.
TIBURON PLANNING COMMISSION October 26,2016 MINUTES NO. 1068 DRAFT
d16V
Michael Day, owner, stated they have two children and it would be nice to have a large area for
the kids to play and a study so they can do their homework and let the main floor look like an
adult house.
Kelly Day, owner, said that they were very concerned about aging out of the house. She said that
as they and their friends get older, they may need to live up on the main floor but will still need
to get up and down the stairs. Ms. Sercan added that their firm does a lot of work with aging in
place and accessible housing, and their goal was to enable the homeowners to remain in their
house and it seemed like a small request to make the home more accessible.
Mr. Day explained that the stairs within the house to the bottom floor to the bedroom are not
very steep and easy to travel, but the stairs up from the main floor to the garage are very steep.
Ms. Sercan stated that the proposed rooms would not have legal egress windows that would
enable them to be used as a bedroom, so she felt that it would be short-sighted to not allow the
elevator.
Chair Williams opened the public hearing. There were no speakers and she closed the public
hearing.
Commissioner Welner said that for a precise plan that was approved so long ago he was swayed
by to whether there is opposition. He said that it spoke volumes that there were no neighbors or
letters submitted opposing the request. He felt that this would be a very minor change and he was
inclined to approve the request, including the elevator.
Vice Chair Corcoran agreed and observed that only one of the other amendments to the precise
plan was approved in the last 10 years and the plan was approved over 25 years ago. He said that
the Commission will be faced with more of these requests and wants residents to be able to age
in place and stay in their homes in communities they love. He supported the request as
submitted. Bureaucrats
Commissioner Kulik echoed Commissioner Welner's comments and said that the Commission
has been cautious about approving precise development amendments in the past if there was
significant push-back from neighbors. He said that the lack of opposition here was noteworthy.
He said that there were 8 different conversions of similar space nearby and he felt that this
request was consistent with the precedent of previous approvals, even if the approved FAR
would be slightly higher than the previous maximum approved. He said that he understood
staff's concerns about the elevator, but since this would have no visual impact, he supported
approval.
Commissioner Weller said that he completely agreed with his fellow Commissioners and
supported the project.
Chair Williams concurred and said that she could make the findings to approve the elevator,
which would be contained within the existing structure of the home and would not substantially
increase the bulk of the house and would be consistent with the overall development.
TIBURON PLANNING COMMISSION October 26,2016 MINUTES NO. 1068 DRAFT e
Commissioner Kulik asked if there was anything in the original Cypress Hollow plan that forbids
a second unit. Mr. Watrous said that there was not. He noted that unpermitted second units occur
less often in Tiburon than in other jurisdictions and he believed that the applicants properly
addressed these concerns. Ms. O'Malley added that the Town Council had raised concerns about
the intensity of use when looking at other Cypress Hollow amendments and this was why staff
raised the concern regarding a second unit.
ACTION: M/S (Williams/Corcoran)to find that proposed amendment is consistent with the
intent of the Cypress Hollow Precise Development Plan; adopt the draft resolution as amended to
recommend approval of the project as submitted to the Town Council. Motion carried 5-0.
ACTION ITEMS
1. Planning Commission Minutes—Meeting of September 14, 2016
Commissioner Welner requested the following amendments:
• Page 4, 3rd paragraph; amend to read: "Commissioner Welner asked about EIR
certification. He understands how the extensions have worked for the tentative map."
• Page 6, 3rd paragraph, amend to read: "Commissioner Welner had a comment said he s a
bit perplexed about the letters that arrived just before the meeting. Normally, the Town
receives complaints abouteritieisms off what is going to be built. However, the letters are
in this case are com lainingThis appears to be a,,omplaifA about how long it has taken
and he is sympathetic to that."
• Page 6, 4th paragraph, amend to read: "He said he would therefore vote in favor of the
extension in the interest of moving forward. He admonished the letter writers that even if
the project is approved it still might take years for the project to be actually by uilt",b+A
also emphasized the question about the end pr-oduet of the pfeeess. He said the land eetAd
sit there for year-s and nothing could happen, and he suggested the L441es simply pai
their-house and not wait. The bulldozers will take finie even if the pr-eces
f r-....,rquickly, ar.r1 hesupper-ted adoption FtL+ resolution to extend.
Vice Chair Corcoran requested the following amendments:
• Page 6, 2nd paragraph, 2nd sentence, amend to read: "The recession caused many
inconveniences for many people, but based on the general guidelines and time extensions
for tentative maps, they are generally granted unless the project is not consistent with the
General Plan or if any more of circumstances around the project area have changed
dramatically, neither of which has happened.
ACTION: M/S (Corcoran/Welner)to approve the meeting minutes of September 14, 2016, as
amended. Motion carried: 5-0.
TIBURON PLANNING COMMISSION October 26,2016 MINUTES NO. 1068 DRAFEXHIDNENO.
c�'F
This Ordinance ha administratively corrected borate the terns of a
Stipulated Settlemeti[ in Case No. 140135 of � C r;rr�'.ia ITA, 101 O' ueia
11/30/88. The deletions are shown by overstriking aW the additions by bold type.
MAR1N COUNTY BOARD OF SUPERVISORS
RESOLUTION NO. 88-252
A RESOLUTION GRANTING THE APPEAL OF THE CYPRESS HOLLOW PARTNERSHIP
AND APPROVING THE CYPRESS HOLLOW DEVELOPMENT PLAN AND
VESTING TENTATIVE MAP
FOR ASSESSORS PARCEL NOS. 34-153-15, 34-012-34, 35, 37 and 51.
1. WHEREAS on August 15, 1988 the Marin County Planning Commission voted to
recommend that the Board of Supervisors approve with conditions the Cypress Hollow
Master Plan and voted to approve the Cypress Hollow Development Plan and Vesting
Tentative Map; and
II. WHEREAS on August 23, 1988 the Marin County Board of Supervisors certified the
Cypress Hollow Environmental Impact Report and approved the Cypress Hollow Master
Plan with several changes to the conditions as recommended by the Planning
Commission; and
III. WIIEREAS the Cypress Hollow, a California limited partnership, filed a timely appeal on
August 25, 1988 requesting that the Board of Supervisors amend the approval of the
Cypress Hollow Development Plan/Vesting Tentative Map to bring it into conformance
with the Cypress Hollow Master Plan as approved by the Board of Supervisors; and
IV. WHEREAS the Board of Supervisors held a duly noticed public hearing on September 13,
1988 to consider the appeal by Cypress Hollow; and
V. WHEREAS the Board of Supervisors, after conducting a public hearing and considering
the administrative record concurs in the following findings made by the Planning
Commission:
a. that, based on the recommended Draft EIR, the proposed project incorporates all
necessary environmental mitigations in the modifications and conditions contained
i herein and meets all the County's public health and saf ety standards f or design, and
it will not have a significant effect on the environment or substantially or avoidably
I injure wildlife or their habitat, and will not cause public health or safety problems;
I and
b. that, based on the modifications and conditions contained herein, the Development
Plan and Vesting Tentative Map are in substantial accordance with the Master Plan
as recommended to the Board of Supervisors; and
c. that the proposed project, with the modifications and conditions contained herein, is
consistent with the policies of the Marin Countywide Plan, particularly Housing
Policy A-3, Transportation Policy B-3, and the Urban Services Area Policies, and the
Visual Quality policies with respect to Wooded Hillsides given the proposed
mitigations of removing one lot, reconfiguring building envelopes to move
development away from the retained eucalyptus trees, the increased clustering of
the house sites, a reforestation program for the designated non-development
portions of upslope lots, and the retention of several significant tree specimens by
reconfiguring the lots along Rancho Drive; and
i �� �' ®
E .
d. that the proposed project, including the proposed design and improvements, with the
modifications and conditions contained herein, is consistent with the policies of the
Strawberry Community Plan; and
e. that the site is physically suitable for the type of development and density of 45 44
units single-family residences, given conditions of approval of the Master Plan and
this approval of the Development Plan and Vesting Tentative Map, because the
project is infill development in an area of single-family homes with available urban
services from the County and service districts; and it is consistent with all County
development policies and standards; and
f. that the proposed project will not conflict with existing easements acquired by the
general public at large for access through or use of the property within the
subdivision because no such easements exist on the property, and because the public
will gain right of use of an improved public park area of approximately .49 acres as
a result of the conditions of approval of the Master Plan; and
g. that all the required findings necessary to approve a Vesting Tentative Map pursuant
to Marin County Code Section 20.32.220 can be made; and
VI. WHEREAS, the Board of Supervisors finds that it is appropriate to revise the Cypress
Hollow Development Plan/Vesting Tentative Map to reflect the changes in the Planning
Commission's recommended conditions of approval made by the Board of Supervisors in
approving the Master Plan which changes included:
a. the restoration of the lot adjacent to the proposed public park (Parcel A) which had
been recommended for deletion by the Planning Commission; and
b. the deletion of two lots from the downhill side of Rancho Drive leaving twelve lots
abutting the existing homes on Blackfield Drive; and
c. reduction in the height limits of several lots downslope from the Rancho Drive
extension; and
VII. WHEREAS the Board of Supervisors finds that with the revisions, the Cypress Hollow
Development/Vesting Tentative Map is consistent with the Master Plan approved by the
adoption of Ordinance #2980;
NOW THEREFORE BE IT RESOLVED, the Marin County Board of Supervisors approves the
Cypress Hollow Development Plan and Vesting Tentative Map subject to the following
conditions:
Planning Department
1. The Cypress Hollow Development Plan/Vesting Tentative Map is hereby approved subject
to the following:
a- This approval shall not be eensidered In foree and e€€eet unless and until the Cypress
Hollow ElR is eertlffed and the Master Plan is approved by the Beard of Supervisors:
a_ Except as modified by the Master Plan conditions of approval and the conditions of
this Development Plan/Vesting Tentative Map approval the final map and subsequent
development and use of the property shall be consistent with the applicant's
submitted plan set (Exhibit "A" "V" to the Master Plan), application text (Exhibit"B"
to the Master Plan), the alteraative site plax (Exhibit "E" to the Master Plank the
supplemental landseaping plax (Exhibit "D" to the Master Plan-) and the landscaping
plans for two adjacent properties (Exhibits "E" and "F" to the Master Plan). Where
there are diserepaxeles ameng the exhibits; Exhibits "E" aad "D" shall govera-
The lot numbers on the Final Map shall be the same as those shown on Exhibit '-'E"
2. Pursuant to California Government Code Section 66474.9(b), the County requires as a
condition of this tentative map approval that Cypress Hollow, a California Limited
i Partnership, or its successors in interest, defend, indemnify, and hold harmless Marin
I County or its agents, officers, and employees from any claim, action, or proceeding
against the County or its agents, officers, or employees to attack, set aside, void, or
annul, an approval of the County concerning the Cypress Hollow subdivision, which action
is brought in a timely manner. The County of Marin shall promptly notify the subdivider
of any claim, action, or proceeding and the County shall cooperate fully in the defense. If
the County fails to promptly notify the subdivider of any claim, action, or proceeding, or
F if the County fails to cooperate fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify, or hold harmless the County.
3. The Architectural Development Standards contained as Exhibit "F" in the application text
for Cypress Hollow Subdivision (Exhibit "B" of the Cypress Hollow Master Plan) is hereby
incorporated into this Development Plan and Vesting Tentative Map approval, with the
f ollowing changes:
A. Additional Development Standards for Lot 10 through 23 21
1) Building Height. The maximum allowable building height for houses shall be 26
ft. above natural grade for Lots$ 10 to 17 and 28 ft. for Lots 18 to 21. Natural
grade shall mean the final rough grade after the subdivision improvements are in
place. New "fill" slopes resulting from street improvements shall be graded at a
three to one slope (horizontal to vertical). In addition, no portion of a house
structure shall be higher than 16 ft. above the top-of-curb elevation at the front
{ of the lot for Lots 10 to 17 and 18 ft. for Lots 18 to 21. These are the maximum
heights to be permitted, and in evaluating the individual house designs through
the Design Review process, the height should be less than the maximum
j wherever practical to the extent consistent with other objectives such as
minimizing grading, maintaining architectural interest and variety, and allowing
a house size similar to others within the subdivision. House designs should
incorporate features that facilitate reducing overall height. Features to be
I considered include, but are not limited to, stepped floor plans and detached
garages.
2) Mass and Bulk of Structures. Where possible, cantilevered floors, decks and
chimneys shall be utilized to reduce the skirt heights of walls on the downhill
side of the house. In addition, walls on the downhill (rear) side of the structure
shall be "undulate(T" to provide "relief" and architectural interest to the house
when viewed from below. Long uninterrupted rear walls shall be prohibited.
Major roof planes of the house shall generally be parallel to the natural slope of
the lot. Architectural elements such as bay windows, roof dormers, greenhouse
windows, and chimneys are encouraged to add architectural variety to house
structures. At the rear of the house exterior decks shall not extend beyond the
rear building envelope line. In addition, all second floor exterior walls (except
chimney walls) shall be a minimum of five feet (5') from the rear development
EXHIBIT NO.
-3-
envelope line. The maximum finish floor elevation of the second floor at the
rear (east) wall shall not be greater than shown below for the respective lots
above finished grade:
a) Fourteen feet (14') for Lots 10, 11, 14, 15 and 16;
b) Sixteen feet (16') for Lots 12, 13, and 17; and
c) Eighteen feet (181) for Lots 18, 19, 20, and 21.
B. Building envelopes. The house structure, garage and all accessory buildings or
structures shall be located entirely within the "building or development envelope"
area defined for each lot, except that roof overhangs, chimneys, exterior balconies or
similar architectural appendages may project two feet beyond the building envelope
line. This shall not include any enclosed portion of the house structure.
The building envelopes are approved as shown on Exhibit "E" "V" to the Master Plan
with the following exception:
r
1) For Lot 45 44, the development envelope setback from the northerly property
line shall be increased to 30 feet. However, retaining walls may be placed
outside the development envelope, to within 20 feet of the northerly property
boundary.
C. Floor Area Ratio:
The FAR shall be a maximum of 30% .
D. Maximum Lot Coverage
The maximum lot coverage requirements are deleted.
E. The building envelopes shall be shown on the final map, or recorded on the property
through a separate instrument.
4. All utilities within the subdivision and extended to the subdivision shall be underground.
5. Prior to recording the Final Map, the applicant shall submit proposed driveway
' maintenance agreements for Lots 22, 23, 24, and for lots 41 40 through 46 44. Such
.� agreements shall be subject to the review and approval of the Planning Department and
Department of Public Works and shall be recorded with the Final Map.
I
6. A minimum of 4 off-street parking spaces shall be provided for Lots 22 to 24 and 40 to 45
44. While independently accessible spaces are preferred, two of the parking spaces may
be provided as tandem spaces where independently accessible spaces cannot be provided
without substantially constraining the house location and design or causing extensive
grading.
7. The change in paving and entrance design at Cypress Hollow Drive and Bay Vista Road as
shown on Sheet 8 of Exhibit "A" the originally submitted Landscape Plan is expressly
prohibited.
8. All conditions of Master Plan, Development Plan and Tentative Map approval shall be
complied with prior to recordation of the final map, or, where appropriate, the required
U-11BIT NO. �
improvements shall be financially secured through posting with the County prior to
recordation a Certificate of Deposit, Letter of Credit, or other County approved
instrument of credit.
9. All conditions of Master Plan approval are incorporated by reference as conditions of
Development Plan/Tentative Map approval.
10. Design Review shall be required on all single family lots within the subdivision.(lcc 63 tit,45)�
11. Final landscape and irrigation plans shall be approved by the Planning Director prior to
recordation of the Final Map.
12. The final map shall contain notes or shall be recorded with documents that clearly set out
the maintenance obligations of individual lot owners with respect to the drainage way
along the westerly property boundary and the landscaping within the non-development
private open space easements. This includes Lots 21, 29, 40, 41, 42, 43, and 44 and Parcel
L.
j 13. As offered by the applieaat and approved as part of this approval As agreed to by the
Town of Tiburon, Marin County and Cypress Hollow, a California Limited Partnership in
the settlement of Case No. 140135 in California Superior Court, prior to the recordation
of the final map, the applicant shall establish a $51,000 fund and propose the proeedures
and supervising entity; sueh as the Town of Tiburon or Bel Aire Imprevemeat Asseeiatiex
for providing the funds to the property owners of the 17 lots along Blackfield Drive that
abut the Cypress Hollow subdivision for installation of screening landscaping in their rear
yards. The preeedures and supervising ageaey as proposed by the appHeaat shall be
sxbjedet to the review and approval of the Planning Difeetet- In the event lie appropriate
entity is willing to aeeept the respensibility of supervising the expenditure of the €uad
prier to reeerdatiea of Final Map, the developer shall be responsible to pay the ewners of
the 17 lets along Blae€field Drive that abut the dewnslepe lots along the proposed Ranehe
Brive extensiex; also known as ATP- Nos 034-171-01 to 07 and 034-111.-0} to 48; up to
$3,800 per let as re-imbursemext for expenses ineurred installing sereeaiag laadseapiag in
their rear yards whieh expenses may iaelude laAdseapiag desixg; landseapiag eentraetiag
andd installation; or eost of plant materials.- The developer shall be respensible to disburse
from the $b};800 fund for reimbufsemext elaimed is writing for five (6) years from
reeerdatiea of Final Map. Distrof the Fund shall be made as determined by the
Town of Tiburon. Upon funding of the Fund, the Town shall notify in writing each owner
of the Blackfield Homes advising each owner of the availability of the Fund for purposes
i
of screening landscaping and the procedures for obtaining a portion of the Fund. The
procedures for distribution of the Fund shall be as follows:
A. Any owner of any of the 17 subject lots who proposes to install screening landscaping
in his/her rear (western) yard may apply by letter to the Planning Director of the
Town for authorization to proceed pursuant to an agreed budget.
B. After authorization by the Town and upon proof of installation satisfactory to the
Planning Director of the Town, the Town shall reimburse the applicant/owner for
such landscaping costs actually incurred (including landscaping design, landscaping
contracting and installation or cost of plant materials) in an amount up to (but not
exceeding) the budgeted amount for each lot owned by the applicant/owner. As
compensation to the Town for administering the Fund: 1) upon recordation of the
Final Map for the Project, Cypress Hollow shall pay to the Town of THburon the sum
of FIVE THOUSAND DOLLARS ($5,000.00); and 2) interest received on the Fund shall
become unrestricted funds of the Town of Tiburon s earned_ In the event the Fund
EXTHIBIT NO
I 5
has not been exhausted within five (5) years after the date of funding and after the
Town of Ti"buron's good faith efforts to contact all of the owners of the Blackfield
Homes who have not received payment under this procedure, any sums remaining in
the Fund shall became unrestricted funds of the Town_
Department of Public Works
14. Prior to the submission of improvement plans and recordation of the Final Map, the
applicant shall complete hydrologic/hydraulic analysis of the relevant watershed which
defines any existing and/or expected drainage deficiencies and identifies potential
mitigation measures shall be submitted.
15. The improvement plans shall include a detailed grading and drainage plan that
incorporates the following design guidelines as found appropriate by the applicant's
{ professional engineers and concurred in by County staff:
A. All cut and fill slopes should be inclined no greater than 2:1 (horizontal to vertical)
unless specifically approved by a qualified soil engineer.
B. During site grading, no grading, vehicle parking or storage of construction materials
shall be allowed under the drip line of trees to be retained.
C. Slopes shall be graded such that a naturally contoured appearance results. Graded
slopes shall be rounded and final graded into the existing terrain. Bench or cut pad
building sites shall be discouraged. Bench cuts will only be allowed when they provide
substantial design benefit such as reducing house height on slopes. Any bench cutting_
shall blend into the existing contours and shall not be permitted simply to provide
outdoor living areas. It is the intent of this condition to require structures to be
custom designed to fit the topography and minimize grading, house massing and
height.
D. Discharge project runoff into small drainages at frequent intervals to avoid buildup of
large, potentially erosive flows.
E. Reduce disturbed areas to the minimum necessary for construction.
F. Keep storm water runoff velocities low.
G. Keep slope lengths and gradients to a minimum.
H. Design developed area to increase the "time of concentration" (time for water to pass
over the site) through grading, detention areas, energy dissipators and moderate flow
velocities.
16. The applicant shall be responsible to undertake the following drainage improvements.
A. Pursuant to the hydrologic/hydraulic analysis and the applicable recommendations of
the geotechnical consultant, channel stabilization measures shall be performed for
the unnamed drainage way along the westerly side of the property.
B. Pursuant to the hydrologic/hydraulic analysis relevant to the "West Ditch" drainage
system and the Tiburon Boulevard culvert and Cecilia Way culvert crossing, the
applicant shall: E-17,111BIT NO.
1) Pay $60,000 to the Flood Control District #4 in-lieu of undertaking off-site
drainage work; and
2) Provide to Flood Control District #4 no later than April 15, 1989, plans,
specifications, and estimates for construction of the box culvert for the West
Ditch at Cecilia Way.
17. All grading and site preparation shall be performed under the direct observation of a
qualified soils engineer. Provide slope reconstruction as determined appropriate using
terraced excavation covered by compacted fill, buttressed and subdrained.
18. Immediately after grading, each building site shall be checked for expansive soils. Where
expansive soils are found, they shall be replaced with non-expansive engineered fill prior
to building construction. Alternative solutions to correcting expansive soil conditions may
be recommended by the applicant's professional engineers and may be substituted subject
to approval by Department of Public Works.
19. For development on each individual lot, additional subsurface investigations and
engineering analysis shall be -performed to develop recommendations regarding site
grad.1rg and other items related to building foundations and site sped is drainage as
project plans for housing construction are developed.
20. The slide area located in the northerly portion of Lot 29 shall be reviewed by a geotechnic
consultant to determine if any additional measures are necessary to insure protection of
the surrounding area from possible slide reactivation. Any required measures shall be
implemented through improvement plan construction.
21. The Vesting Tentative Map shall be revised to shows a non-access easement for the
following areas:
A. the south easterly lot lines of lots 31 to 40 39 so that access to these lots is from
Monterey Drive only;
B. the northerly lot line of Parcel K;
C. the easterly lot line of Lots 23 and 30 22 and 23 along Rancho Drive;
D. the entire north westerly side of Monterey Drive (includes lot lines in Lots 40, 41, 42,
43; and 45 44, and Parcel L) except for approximately 100 feet of frontage for Lot 44
immediately northerly of the shared driveway access;
E. the rear property lines of Lots 1-7 and 9 where these lots abut the remainder Parcel
B.
i
22. The applicant shall be responsible for the installation of the following traffic control
improvements:
A. a "Tee Intersection" warning sign on the eastern approach on Bay Vista Drive prior to
the intersection of Bay Vista Drive and Cypress Hollow Drive.
B. a stop sign at the west end of Cypress Hollow Drive.
C. A stop sign at the south end of Monterey Drive.
KHIBI NO.
D. striping a double yellow line on Bay Vista Drive in the vicinity of the intersection of
Cypress Hollow Drive and Bay Vista Drive. The exact location and extent of striping
shall be approved by the County Traffic Engineer.
E. The paving section of Bay Vista Drive shall be widened to 30 feet from where it
currently narrows and northerly past the new intersection of Cypress Hollow Drive.
The extent of the widening shall be determined by the County Traffic Engineer, but
shall be generally limited to the subdivision boundary along Bay Vista Drive.
These traffic improvements shall be shown on the improvement plans and shall be subject
to final review and approval by DPW prior to recordation of the Final Map.
23. Prior to or in conjunction with the improvement plans for the subdivision, the applicant
shall prepare detailed erosion and sedimentation control plans for the construction period
and permanent erosion and sedimentation control plans for the period after construction
for review and approval by the County and Flood Control District. The construction
erosion and sedimentation control plans shall include the following design guidelines as
found appropriate by the applicant's professional engineers and concurred in by County
staff:
A. Avoid open face cuts and extensive clearing/grading operations during the critical
wet weather period of the year (commonly mid-October through mid-March).
B. Keep runoff away from disturbed areas during construction.
C. Stabilize "disturbed areas" as quickly as possible, either by vegetative or mechanical
methods.
D. Trap sediment before it leaves the site with such techniques as check dams, sediment
ponds, or siltation basins.
Construction on the site shall be done in compliance with the approved construction
erosion and sedimentation control plan and the permanent erosion and sedimentation
control plans shall be incorporated into the subdivision improvement plans.
24. In conjunction with the erosion and sedimentation control plans required in Condition #23,
the applicant shall provide a model construction erosion and sedimentation control plan
for development on individual lots. The plan shall be subject to review and approval by
the Planning Department and Department of Public Works and shall be incorporated to the
extent appropriate on individual lots as conditions for Design Review approvals within the
subdivisions.
25. Remove channel debris to restore the original drainage channel located in the southwest
portion of the subdivision to provide for unimpeded drainage flow.
26. Prior to issuance of building permits for residential and accessory structures, all
applicable school district fee requirements shall be complied with.
Alto Richardson Bay Fire Protection District
27. The development plans for house construction on individual lots shall fulfill the following
design requirements:
A. Where the average ground slope on any side of a structure exceeds 15%,a three foot
wide hard surface path shall be provided.
B. Where the slope of a lot exceeds 30% , hard surface steps shall be provided.
C. Spark arrestors shall be provided (opening not larger than 1/2 inch (iron mesh)). Tree
branches shall be kept 10 feet away from fire place chimney outlets.
D. Provide smoke detectors. The detectors shall receive their primary power from the
building wire (commercial source).
E. Each house shall have the street address clearly posted in numbers that contrast to
their backgrounds.
F. Class A fire resistant roofing materials shall be used for all structures.
Pacific Bell
28. A 10 foot wide public utilities easement shall be provided within the proposed road rights-
of-way.
Marin Municipal Water District
29. Prior to recordation of final map, the applicant shall enter into a pipeline extension
easement with Marin Municipal Water District and shall guarantee necessary project
improvements and water service for all proposed residential lots.
30. Low flow water fixtures shall be utilized in all house construction.
Richardson Bay Sanitary District
31. Prior to recordation of Final Map, the applicant shall enter into an agreement with
Richardson Bay Sanitary district to provide for the extension of the sanitary sewer
facilities and provision of sewer connections for the Cypress Hollow Subdivision.
PPASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of
Marin, State of California, on the 13th day of September , 1987, by the following vote to-
wit:
AYES: Supervisors: Gary Giacomini, Bob Stockwell, Harold Brown, Al Aramburu
NOES: Supervisors: None
ABSENT: Supervisors: Bob Roumiguier
CHAIRMAN OF THE BOARD OF SUPERVISORS
COUNTY OF MARIN
ATTEST:
Margaret Council
Clerk of the Board E�HIBIT N0
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RECORDING REQUESTED
RETURN TO:
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION NO. DRAFT-2016
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE
DEVELOPMENT PLAN (PD #45) TO INCREASE THE MAXIMUM FLOOR AREA
ON PROPERTY AT 60 MONTEREY DRIVE (LOT 34)
ASSESSOR PARCEL NO. 034-394-06
Section 1. Findings.
WHEREAS, the Town of Tiburon has received and considered an application
filed by Michael and Kelly Day to amend the Cypress Hollow Precise Development Plan
(PD#45) to increase the maximum floor area permitted for Lot 34 of the Cypress Hollow
Subdivision, located at 60 Monterey Drive; and
WHEREAS, the Precise Development Plan application consists of File
#PDPA2016002, on file with the Town of Tiburon Community Development
Department. Materials from that application include but are not limited to the following:
1. Land Development Application form and project description, dated
August 22, 2016; and
2. Project plans (10 sheets) prepared by Larson Shores Architecture and
Interiors, dated October 17, 2016.
WHEREAS, on October 26, 2016 the Planning Commission held a public hearing
to consider the approval of this application to amend the Cypress Hollow Precise
Development Plan; and
WHEREAS, after receiving public testimony and considering the application at
that hearing, the Planning Commission adopted Resolution No. 2016-18 recommending
to the Town Council that the Precise Development Plan Amendment be approved; and
WHEREAS, on November 16, 2016, the Town Council held a public hearing on
this application and after hearing all testimony and reviewing all documents on the
record, the Town Council concurred with the findings made by the Planning Commission
and found that the proposed precise development plan amendment to increase the
maximum floor area permitted for the property located at 60 Monterey Drive would be
TIBURON TOWN COUNCIL RESOLUTION NO.DRAFT-2016 NOVEMBER 16
M I
consistent with the overall intention of the Cypress Hollow Precise Development Plan
and the policies contained within the Land Use Element of the Tiburon General Plan; and
WHEREAS,the Town Council has found that the project is exempt from the
requirements of the California Environmental Quality Act per Sections 15301 and 15303
of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the requested amendment to the Cypress Hollow Precise
Development Plan, subject to the following conditions:
1. Condition of Approval No. 3 (C) of Marin County Board of Supervisors
Resolution No. 88-252 shall be amended to read as follows:
"The FAR shall be a maximum of 30%; except that greater area is permitted
for the following lots:
a. Lot 33 (70 Monterey Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
10/1/99, prepared by Marshall Balfe (4 sheets);
b. Lot 16 (170 Rancho Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
1/4/2000, prepared by Mahoney Architects (4 sheets);
C. Lot 7 (70 Cypress Hollow Drive), as generally depicted on
drawings dated 4/18/2001, prepared by Geoffrey Butler
Architect (6 sheets), approving the garage conversion and
limiting the deck enclosure so that the total floor area of the
house does not exceed the Town of Tiburon default floor area
ratio for this property;
d. Lot 11 (120 Rancho Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
9/14/2002, prepared by Marshal Balfe (6 sheets);
e. Lot 35 (50 Monterey Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
1/28/2004, prepared by Richard Esteb (5 sheets);
f. Lot 26 (20 Baccharis Place) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
11/1/2005,prepared by Richard Esteb (6 sheets);
TIBURON TOWN COUNCIL RESOLUTION NO.DRAFT-2016 NOVEMBER 16,2016 2
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g. Lot 36 (40 Monterey Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
7/6/2006, prepared by Mohamad Sadrieh(7 sheets)."
h. Lot 10 (110 Rancho Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
8/14/2012,prepared by Holscher Architecture (3 sheets)."
i. Lot 34 (60 Monterey Drive), as generally depicted on drawings
dated 10/17/2016, prepared by Larson Shores Architecture and
Interiors (10 sheets).
2. This approval shall in no way alter other provisions of the Cypress Hollow
Precise Development Plan not specifically described herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on
November 16, 2016, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ERIN TOLLINI, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL RESOLUTION NO.DRAFT-2016 NOVEMBER 16,2016 �3
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