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TOWN OF TIBURON
Regular Meeting
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
April 7, 2004
6:30 PM - Reception
7:30 PM - Meeting
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, wwwlliburon/orQ/Qovernment.
Upon request, the Town will provide written agenda materials in appropriate a,lternative 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 reselVes
the right to take items out of order. No set times are assigned to items appearing on the Town
Council agenda,
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Agenda - Town Council Meeting
April 7, 2004
Page 2 of 4
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AGENDA
CALL TO ORDER AND ROLL CALL
Counciimember Gram, Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject not on the agenda may do so now,
Please note however, that the Town Council is not able to undertake extended discussion or action
tonight on items not on the agenda, Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration and/or placed on a future Town Council
meeting agenda, Please limit your comments to no more than three (3) minutes,
SPECIAL PRESENTATION
9'h Annual Historic Preservation Award Presented by Heritage & Art Commission
. Victoria Arnett, Recipient
REGULAR AGENDA
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1, Request by Shepherd of the Hills Lutheran Church - Proposal to Pave Shepherd's Way
2, Recommendation by Director of Public WorksfTown Engineer - Proposal for Town Hall'
Photovoltaic System
3, Recommendation by Director of Public WorksfTown Engineer - Approve Fiscal Year 2004-05
Capital Improvement Program
PUBLIC HEARING
4, Recommendation by Planning Manager - Amendment to Cypress Hollow Precise Development
Plan (PD#45) to Allow Additional Floor Area
Address:
Applicants:
AP No,
50 Monterey Drive
David & Dana Williams
34-395-05
5, Recommendation by Director of Public WorksfTown Engineer - Adopt Resolution Establishing
Stormwater Runoff Impact Fee
a)
A Resolution of the Town Council of the Town of Tiburon
Establishing a Stormwater Runoff Impact Fee on Construction
Projects in the Town of Tiburon
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Agenda - Town Council Meeting
April 7, 2004
Page 3 of 4
6, Recommendation by Director of Administrative Services - Amendments to PERS Contract
(Addition of Local Safety Employees 3% at Age 55 Retirement Formula)
Introduction & First Reading of Ordinance
a) An Ordinance of the Town Council of the Town of Tiburon
Authorizing an Amendment to the Contract Between the
Town of Tiburon and the board of Adm inistration of the
California Public Employees' Retirement System
7, Recommendation by Director of Administrative Services - Amendments to PERS Contract
(Addition of Miscellaneous Employees Fourth Level 1959 Survivors Benefits)
Introduction & First Reading of Ordinance
a) An Ordinance of the Town Council of the Town of Tiburon
Authorizing an Amendment to the Contract Between the
Town of Tiburon and the board of Administration of the
California Public Employees' Retirement System
8,
Recommendation by Director of Community Development - Amend Chapter 13A (Residential
Building Reports) of the Town Code
Introduction & First Reading of Ordinance
9,
a) An Ordinance of the Town Council of the Town of Tiburon
Amending Chapter 13A of the Tiburon Municipal Code
Regulating Reports of Residential Building Record
(aka Residential Resale Reports)
Recommendation by Director of Community Development - Amend Chapter 14B (Public
Facilities Development Fees) of the Town Code
Introduction & First Reading of Ordinance
a) An Ordinance of the Town Council of the Town of Tiburon
Amending Chapter 14B of the Tiburon Municipal Code
Authorizing the assessment of Public Facilities Development
Fees
10, Recommendation by Director of Community Development - Adopt Revised Schedule of
Administrative Fines
a) A Resolution of the Town Council of the Town of Tiburon
Superseding Resolution No, 10-2001 Setting Forth the
Violations of the Municipal Code that May be Enforced by
Administrative Citation Pursuant to Chapter 31 of the
Municipal Code and Adopting an Updated Schedule of Fines
for Violations
Agenda - Town Council Meeting
" April 7, 2004
Page 4 of 4
COUNCIL COMMITTEE AND COMMISSION REPORTS
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - April 2, 2004
ADJOURNMENT
FUTURE AGENDA ITEMS - Note: These items are tentative until thev aooear on the final aaenda,
. Recognition of Kashani Family for Holiday Lights - (April 21)
. Interviews and Appointments to fill Library Board Vacancies - (May)
. Award of Street Contract - (May)
. Library General Plan Amendment and Rezoning - (May 19)
. Landslide Repair Policy - (May 19)
. Proposed Erosion and Siltation Control Ordinance
. Revised Road Impact Fee Schedule
. Proposed Raccoon Lane Undergrounding of Utilities
. Proposed Pilgrim Heights Undergrounding of Utilities Assessment District
. Traffic Safety Committee Recommendation for Installation of Crosswalk at Reed Ranch Road & Corte
Palos Verdes; Relocation of Stop Sign from Corte Las Casas to Corte Palos Verdes
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REC~~\!E!O
APR 7 2004
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fQWN MN,AGERS OFFICI:
ToWN 01' TIBURON
April 6, 2004
Shepherd Way, a Story of Neglect
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Shepherd Way is one of Tiburon's most traveled, yet one of its most neglected
streets,
Its intersection with Trestle Glen Boulevard serves as the gateway to Ring
Mountain, where hikers and nature lovers ascend the heights on well-worn foot paths to
examine Miwok petroglyphs, to view native wildflowers, and to savor magnificent vistas
overlooking the scenic wonders of Tiburon and the bay,
Dozens of parents traverse Shepherd Way, twice daily, five days a week, to take
their toddlers to classes at The Little School and to fetch them home again,
Community groups and musicians travel over Shepherd Way weekly to attend
meetings and rehersals at the Lutheran Church,
On election days, voters of two precincts drive on Shepherd Way to reach their
polling places in the church's narthex,
In Tiburon's March 1996 newsletter (copy enclosed) the Town Council unveiled
an ambitious plan to repair and reconstruct Tiburon's aging road system, Shepherd
Way was included for a "major overlay" and "possible grinding," Because Shepherd
Way is one of Tiburon's shortest streets (only 373 feet long) its cost estimate was one of
the lowest-only $9,000,00,
During the intervening years, several of Tiburon's streets have been repaired and
repaved, Shepherd Way was not one of them, Its roadbed has continued to
deteriorate, Its broken pavement, its cracks, crevices and pot-holes are not only
unsightly; they are hazardous to pedestrian and driver alike,
Shepherd Way has served the public well. It should now be repaired and
repaved at public expense for the common good,
fOWN COUNCil
Submitted by Roe Jensen
and Harry Rice for the ad hoc
Committee for Shepherd Way
LATE MAil # I
MEETING DATE~1 ::.ii
e Town of Tiburon
STAFF REPORT
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AGENDA ITEM ~
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TO: Mayor & Members of the Town Council
FROM: Pat Echols, Director of Public Worksl Town Engineer ~
SUBJECT: Proposal for Town Hall Photovoltaic System ~
MEETING DATE: April 7, 2004 REVIEWED BY:
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BACKGROUND & DISCUSSION
Over the past year, staff has been directed to explore energy efficiency opportunities
in an effort to reduce the Town' energy costs, During discussion of the General Plan
Open Space Element update at the March 31" Special Town Council meeting, the
Council endorsed the concept of promoting 'green' building construction, Several
months ago, Town staff was contacted by Community Cooperative Electric (CCE)
regarding the Town's interest in solar photovoltaic energy systems. Staff met with
CCE representatives and CCE subsequently performed preliminary analyses to
estimate the costs/benefits of a Town Hall rooftop photovoltaic system,
CCE has prepared a summary proposal which evaluates two alternatives: a 23-
kilowatt system and a 3O-kilowatt system. As CCE will explain' during their
presentation to the Council, tWo different systems sizes were evaluated because of
differences in available rebate incentives offered by the California Energy
Commission (CEC) and the California Public Utilities Commission (CPUC),
The net cost to the Town would be between about $112,000 (23kW system) and
$123,000 (30kW system) and would supply between 31% (23kW system) and 40%
(30kW system) of the building electrical power needs, We estimate that either
system would likely pay for themselves within 20 years, The significant aesthetic
difference betWeen the tWo proposals is that the 30-kilowatt system.wofJld require
extending the rear dormer roof to allow the additional solar energy captu~,
It should be noted that CCE's proposal is a preliminary evaluation of the
costs/benefits and that additional analysis is necessary to refine the system design
(such as location of associated system equipment to interface with the building's
electrical panel and systems, possible structural reinforcement of the roof framing,
etc.), CCE is prepared to develop additional system design details if the Council
recommends further exploration of the concept. Staff recognizes that aesthetic
impact of the dormer modification required for the 30-kW system would be significant
and likely doesn't justify the incremental efficiency that it may achieve, Accordingly,
staff would recommend pursuing the 23-kW system if the aesthetic impact of the
panels is deemed acceptable by the Council.
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Town of Tiburon
STAFF REPORT
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AGENDA ITEM
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RECOMMENDATION
Staff recommends that Town Council receive a presentation of a proposed Town Hall
photovoltaic system from Cooperative Community Energy and provide direction to
staff regarding further exploration and analysis of the 23 kilowatt system,
EXHIBITS
Solar Power Proposal for Tiburon Town Hall
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Subject
April 2, 2004
2 of 2
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Cooperative
Community
Energy
534 Fourth Street, Suite C
San Rafael, CA 94901
office: 415-457-0215
Town of Tiburon
Solar Power Proposal for Tiburon City Hall
Summary
To the Tiburon Town Council:
Here are some materials for your review in advance of the March 17 Town Council meeting,
I will be presenting two proposals for a solar photovoltaic energy system for Ihe roof of the Town Hall: a
proposal for a 23 kilowatt system, and a proposal for a 30 kilowatt system, The difference between them
is Ihat the 30 kW system adds some solar panels to the dormer in the back of the building, Due to
differences in the CEC and CPUC rebale programs, the 30 kW system gives more "bang for the buck,"
I will present these proposals via a brief, 19-slide PowerPoint presentation, and explain some details of
the financial costs and benefits, as well as a broader picture of our energy future,
I am aware that aesthetic considerations are important for a project like this, so some mockup
photographs are included in this advance packet.
California has endured several periods of energy shortages and spiking power costs, and will likely be
seeing such events again, Everybody from the Governor on down now seems to understand that self-
generated renewable power is going to be key to California's energy future, It behooves the Town of
Tiburon to hetp lead by exampte in supporting renewable power and energy efficiency,
Aside from the "green" reasons for generating one's own energy, solar power systems are also a very
attractive investment. These two proposals offer a 7 or 9% modified internal rate of return (respectively),
making them more than competitive wilh other low-risk investments such as government bonds, Although
it is not calculated or reflected in these proposals, a solar power system will also decrease air
conditioning costs in the summertime, by absorbing solar energy that would otherwise heat the building,
Perhaps the best reason to invest in self-generated solar power is insurance against future spikes in
power cost. Power costs are going 10 continue to go up for the forseeable future, Currenlly, power cost
inflation is running about 3.3% a .year in addition to normal inflation, but due to expected shortages, will
certainly be higher over the lifespan of the system, Global production of oil and gas is reaching its peak,
According to current best guesses, major global shortages of oil and gas are expected to begin
somewhere between 2007 (pessimistically) and 2015 (optimistically), For more information on Peak Oil
and Gas, see bI!J2:fiwww.qeoioqif1lu-clauslhal.de/CanWbell/l...clure.hlrnl (More references available on
request. )
Solar power is a good investment today, but it's going to be a great investment for the future, and offer
shelter from surging energy costs, '
I look forward to discussing these proposals wilh you at next week's meeting,
Regards,
Chris Neider
Field Rep, Marin County I North Bay
fllri :;n@r,u~nerq\,. com
mobile: 415-497-7044
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Town of Tiburon
STAFF REPORT
AGENDA ITEM
:?
. .. .. . . . . .' . . . . . . . . ., . . . ., .,. . .. . . . .
TO: Mayor and Town Councilmembers
FROM: Pat Echols, Director of Public WorkslTown Engineer ~
SU,BJECT: Approve 2004-05 Capital Improvement progra~
MEETING DATE: April 7, 2004 REVIEWED BY:
. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . .
DISCUSSION & ANALYSIS
Over the past several months, Public Works staff has developed a draft 5-year Capital
Improvement Program (CIP), Consistent with the current Town budget, the CIP is
divided into three general categories: Street Improvement, Drainage Improvement, and
Community Development/Miscellaneous Projects, Details of the proposed program are
provided as Exhibit A,
Street Improvement Projects
.
The Town's Pavement Management Program (PMP) was updated this past year. In
order to remain eligible for Federal, State and Regional funding opportunities, the update
is performed every three years, The update process involved inspection of all streets in
the Town's PMP database and calculation of the Pavement Condition Index (PCI) for all
street segments, PCI values can range from 0 (dirt road) to 100 (newly paved road), The
overall PCI for the entire Town street network was computed to be 62, As a comparison,
the network PCI three years ago was 72, The drop in overall condition is attributed to
inadequate investment into the street system,
The Town currently budgets approximately $500,000 per year for street resurfacing
work, In recent years, the primary sources of funding have been the state Gas Tax, the
Street Impact Fund and the General Fund Streets & Drainage Reserve, Staff anticipates
that the Street Impact Fee will be increased by about 40% this year. Accordingly, the
proposed funding sources for street improvements will be the Street Impact Fee and the
Gas Tax, This would allow a shift of Streets & Drainage Reserve funds to drainage
improvement projects,
.
According to the PMP, the Town would have to spend approximately $750,000 per year
in order to minimally maintain the overall network at its current condition over the next
five years (it needs to be noted that this increase would not improve the overall condition
of the road system, only maintain it at the present level), Staff anticipates that the Town's
expenditures for street resurfacing will remain at current levels, Due to State and Federal
budget deficits, the Town does not anticipate any additional external funding for street
resurfacing projects for the next several years, However, staff is optimistic that
reauthorization of the Federal TEA-21 program may yield additional funding for local
roads in California,
April 2", 2004
1 of 3
Town of Tiburon
STAFF REPORT
... ..... .... ... ...
. . .. ., . . . . . . ... . . ., .. . .,. . . .
The PMP produced a recommended list of streets for resurfacing for the next five years
based on the anticipated funding level. The PMP cannot consider geographic proximity
of streets in relation to each other nor can it anticipate any utility projects (e,g"
gas/water/sewer pipeline replacement, utility undergrounding, etc,) that may be pending
during the coming five years, staff does not project specific street lists for a given fiscal
year. Accordingly, staff develops an annual resurfacing program based on several
considerations, including, but not limited to, geographic proximity, input from the various
utility agencies regarding their proposed projects, and anticipated neighborhood utility
undergrounding projects, The specific list of streets for the 2004-05 CIP is being
developed and will be presented as part of the Town's proposed budget next month,
In addition to street resurfacing, staff also anticipates several traffic improvement
projects during the next five years, including the Trestle Glen Bikeway Project, Tiburon
Boulevard/Reed Ranch Road merge/acceleration lane, and Tiburon Boulevard/Cecelia
Way merge/acceleration lane,
Drainage Improvement Projects
It is estimated that the Town would need to appropriate over $250,000 per year to keep
up with deferred maintenance throughout the storm drain system, The Town has
historically programmed funding for storm drain repairs in response to local failures in
the system, There has been no comprehensive evaluation of the entire system condition,
The proposed 2004-05 CIP will include closed-circuit televising (CCTV) of storm drain
pipelines to assess conditions, Because the Town has no dedicated drainage-related
revenue source, the Town has typically used General Fund Streets & Drainage Reserve
to pay for storm drain rehabilitation projects, The draft 5-year CIP proposes to fund
approximately $175,000 per year for storm drain rehabilitation projects, The proposed
funding sources are the General Streets & Drainage Reserve ($100,000 per year) and a
drainage impact fee ($75,000 per year) that staff will recommend to the Council for
adoption,
Community Development & Miscellaneous Projects
In addition to street and drainage projects, staff is also anticipating a variety of
community projects totaling $3 million during the next five years, including Corporation
Yard renovation/reconstruction, South of Knoll Playground renovations, the Fountain
Plaza Art Project and Rule 20A utility undergrounding along Tiburon Boulevard,
The 5-year CIP should be considered a 'living' document that would be revisited each
year during budget preparation, It is likely that additional projects will be identified during
this period and that priorities may shift, Nonetheless, the plan represents a framework
upon which the Town to build upon in the coming years,
,
.
.
.
April 2, 2004
2 of 3
,;
. Town of Tiburon
STAFF REPORT
. .. . .. .... . . .. . . . . .. . . . . . .. ... ... ... ., . . . . . . . .
RECOMMENDATION
It is recommended that the Town Council approve the draft 2004-05 Capital
Improvement Program and provide comment on the draft 5-year plan.
EXHIBITS
A. Draft 5-Year Capital Improvement Program
.
.
April 2, 2004
3 of 3
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Town of Tiburon
STAFF REPORT
AGENDA ITEM 4-
TO:
MAYOR AND MEMBERS OF TOWN COUNCIL
DANIEL M. WATROUS, PLANNING MANAGER
FILE #30402: AMENDMENT TO CYPRESS HOLLOW PRECISE
DEVELOPMENT PLAN (PO #45) TO ALLOW ADDITIONAL FLOOR AREA;
50 MONTEREY DRIVE; DAVID AND DANA WILLIAMS, OWNERS;
ASSESSOR'S PARCEL NO. 34-395-05 ~
APRIL 7, 2004 REVIEWED BY:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .
FROM:
SUBJECT:
MEETING DATE:
PROJECT DATA
Address:
Assessor's Parcel Number:
File Number:
Lot Size:
General Plan:
Zoning:
Subdivision:
Current Use:
Owners:
Applicant:
Date Complete:
50 Monterey Drive
34-395-05
30402
10,497 square feet
Medium Density Residential
RPD (Cypress Hollow Precise Development Plan, PD #45)
Cypress Hollow
Single-Family Residential
David and Dana Williams
Colleen Mahoney
February 19, 2004
BACKGROUND
The project is the proposed amendment to a precise development plan (the Cypress Hollow
Precise Development Plan) for property located at 50 Monterey Drive, The applicants wish to
increase the maximum floor area permitted for this lot, which is currently developed with a
single-family home, On March 10, 2004, the Planning Commission adopted Resolution No,
2004-04 (Exhibit 3) recommending to the Town Council that the Precise Development Plan
amendment be approved,
PROJECT DESCRIPTION
The Cypress Hollow Precise Development Plan currently limits each parcel to a maximum floor
area of 30.0% of the lot size, The applicants propose to amend the text of the precise plan to
allow a floor area ratio of 33,8% for this property,
The single-family residence on this property was originally constructed with a floor area of 3,115
square feet (29,7% floor area), along with a 600 square foot garage, The property owners wish
to convert undeveloped space within the existing mass and bulk of the house into a play room
and closet and storage space, The proposed 416 square foot addition would increase the floor
STAFF REPORT
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Town of Tiburon
area of the house to 3,531 square feet, resulting on a floor area ratio of 33,8%, As the resulting
floor area ratio is in excess of the 30,0% maximum floor area permitted for this property, the
applicants are requesting to amend the Cypress Hollow Precise Development Plan to increase
the maximum permitted floor area for this property to 33,8%,
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 6), which currently
govems this precise development plan, states that the floor area ratio for each parcel "shall be a
maximum of 30%," This subdivision was annexed into Tiburon in 1999,
These 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 (FAR,)
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,
Current practice for the Town of Tiburon is that all precise development plan approvals specify
floor area limits on all lots within a development.
For comparison purposes, under the Town's current "default" FAR. standards, adopted in .
1990, the subject property would be allowed a maximum floor area of 3,050 square feet, plus an
additional 600 square feet for ga'rage space, The floor area ratio provided under the Cypress
Hollow Precise Development Plan would allow 3,149 square feet of floor area for this property,
The 3,531 square foot total floor area requested by this amendment would exceed the Cypress
Hollow floor area ratio by 382 square feet, and would exceed the Tiburon default floor area ratio
by 481 square feet.
Four requests have been approved since 2000 to amend the Cypress Hollow Precise
Development Plan to increase the maximum allowable floor area for the properties located at 70
Monterey Drive, 170 Rancho Drive, 70 Cypress Hollow Drive and 120 Rancho Drive, The
previous approvals included qualifying language noting that special circumstances were
considered in the approval of the requests, including findings that additions were locate,d within
the existing walls of the houses, and did not result in any increase in mass and bulk to the
existing residences which could impact nearby property owners; that the additions would not
increase the intensity of use of the residence; that the additional floor area requested by these
applications did not significantly exceed the maximum floor area currently pennitted by the
Cypress Hollow Precise Development Plan; and/or that the requests had been evaluated by the
potentially affected neighboring property owners, who raised no objections to these applications,
ANALYSIS
All of the proposed floor area requested in this application would be situated within previously
undeveloped areas beneath the originally constructed house, and would not involve any exterior
expansion to the walls of the residence, Several windows proposed for the exterior of the play .
room would face into landscaped portions of the site, and would be minimally visible from
neighboring homes on either side of the subject property, The applicants have submitted a
April 7, 2004
page 2 of 4
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Town of Tiburon
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STAFF REPORT
petition signed by several nearby property owners, including the owners of both adjacent
properties, indicating their support for the subject application,
The proposed application would be consistent with most of the findings mentioned as part of the
approvals of prior amendments to the Cypress Hollow Precise Development Plan, The
proposed playroom would be contained within the existing exterior walls of the residence; would
not likely increase the intensity of use of the house; would not significantly exceed the maximum
floor area currently permitted by the Cypress Hollow Precise Development Plan; and is not
opposed by nearby property owners,
The primary remaining concern for the proposed amendment would be its inconsistency with the
default Tiburon floor area ratio for a lot of this size, The previously approved, amendments for
70 Monterey Drive and 170 Rancho Drive permitted floor areas 580 and 420 square feet,
respectively, above the floor area ratios for those lots; the subject application requests a floor
area 481 square feet above the floor area ratio for this site, This application would be
consistent with the parameters set by these two previous amendments, which also allowed
conversion of undeveloped space beneath the house into living area and somewhat exceeded
their floor area ratios, The addition of a playroom would not significantly increase the intensity
of use of the residence, also similar to the additions permitted for the previous two applications,
. REVIEW BY THE PLANNING COMMISSION'
The Planning Commission reviewed the project at its March 10, 2004 meeting, At that time, it was
the consensus of the Commission that it would be difficult to deny this application in light of the
previously approved amendments to the Cypress Hollow Precise Development Plan, as the
proposed project was similar in nature to the additions approved under these previous
amendments, Concerns were raised about the message that is being sent by allowing additional
floor area within unfinished space that exceeds the floor area ratio, although it was acknowledged
that the Design Review Board is now being more diligent in its review of new homes to discourage
the construction of such large unfinished spaces, Resolution No, 2004-04 was approved (a 4-1
vote, Commissioner Greenberg dissenting) recommending approval of the application, The
resolution includes a recommended condition of approval that "a statement shall be recorded
against this property requiring that no bathroom, bedroom or kitchen may be constructed within the
area approved under this application," to discourage future improvements that would increase the
intensity of use of the residence,
ENVIRONMENTAL REVIEW
Staff has made a preliminary determination that the subject application is categorically exempt
from the requirements of CEQA per Section 15301 of the CEQA Guidelines,
RECOMMENDATION
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Staff recommends that the Town Council hold a' public hearing on this item, then adopt the draft
resolution approving the project, subject to the conditions contained therein,
April 7, 2004
page 3 of 4
STAFF REPORT
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EXHIBITS
1, Draft resolution
2, Application form and supplemental materials
3, Planning Commission Resolution No, 2004-04
4, Staff Report of the March 10, 2004 Planning Commission meeting
5, Draft Minutes of the March 10, 2004 Planning Commission meeting
6, Marin County Board of Supervisors Resolution No, 88.252
7, Submitted plans
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April?,2004
page 4 of 4
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING
AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45)
FOR PROPERTY LOCATED AT 50 MONTEREY DRIVE
ASSESSOR PARCEL NO, 34-395-05
WHEREAS, on March 10, 2004 the Planning Commission held a public hearing to
consider the approval of amendment to the Cypress Hollow Precise Development Plan to ,
increase the maximum floor area permitted for Lot 35 of the Cypress Hollow Subdivision, located
at 50 Monterey Drive; and
WHEREAS, on March 10, 2004, after receiving public testimony and considering the
application, the Planning Commission adopted Resolution No, 2004-04 recommending to the
Town Council that the Precise Plan Amendment be approved; and
WHEREAS, on April 7, 2004, 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 plan amendment to increase the maximum floor area permitted
for the property located at 50 Monterey Drive would be 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,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby approve of 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 state that "the FAR shall be a maximum of 30%;
except that greater area is permitted for 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); and except that greater area is permitted for 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); and
except that greater area is permitted for Lot 7 (70 C'ypress Hollow Drive), as
generally depicted on drawings dated 4/18/2001, prepared by Geoffrey Buller
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; and except that greater area is
permitted for 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);
and except that Qreater area is oermitted for Lot 35 (50 Monterev Drive) if
attained entirelv within undevelooed space within the existinQ mass and bulk of
the approved house, as Qenerallv depicted on drawinQs dated 1/28/2004,
preoared bv Richard Esteb 15 sheets),"
2, This approval shall in no way alter other provisions of the Cypress Hollow
Precise Development Plan not specifically described herein,
3,
A statement shall be recorded against this property requiring that no bathroom,
bedroom or kitchen may be constructed within the area approved under this
application.
TIBURON TOWN COUNCIL
1
RESOLUTION NO,
APRIL 7,2004
!~~XHIBIT NO,
P ruF'L
PASSED AND ADOPTED at a regular meeting of the Town Council on April 7, 2004, by
the follOwing vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSTAIN
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
H:\Dwatrous\resolutions\tc30402.resotution .doc
TIBURON TOWN COUNCIL
2
RESOLUTION NO,
APRIL 7, 2004
EXHIBIT NO. f I
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TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
TYPE OF APPLICATION
Fi:J;1 )~ ,':'riiJIl
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0 Conditional Use Permit 0 Design ReviAw (ORB) 0 Tentative Subdi~isiQ'1, Mi\lP",:::" ,r.1
..~ Precise Development Plan 0 Design Review (Staff lavall 0 Final Subdivisio,~('M'~'rrJl""' It:!)I,'(ll.j
0 Conceptual Master Plan '0 V 81 lance 0 Parcel Map
0 Rezonil'g(PH~zoning 0 Sign Permit 0 . lot Line Adiustment
0 Zoning Text Amendment 0 Tree Permit 0 Certificate of Compliance
0 General Plan Amendment 0 Underground Waiver 0 Other
APPLICANT REQUIRED INFORMATION
srm AI)()RKSS:
I'ARCEL NUMIlER:
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03':-1- 3''/4--08
PROf'ERTY SIZE: / c', '-/'(}" Sf-
ZONtNG:
* OWNER OF PROI'ERTY:
MAILING ADDRESS:
CITY /STA TE/Zll':
PIIONE NUMBER:
Dr'll V.E Af.-;~-::; ()r::>I_l~'1 i--v i U_.j ",+'.cS
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-17 f!.v(L C.)J.,/ U'}, clY 9 '"Z>c
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,If APPLICANT: (Other than Property Owner) ao L.(,I;!i:I5f.1 1"1 A Hof.i~ I.) tl (.Ii' /IEZ. r
, MAILING ADDRESS: Po J3,c..'/. / c.S-3
CITY/STATE/ZIP: fI{'.Jf'-,-,,-.f ,L1~ "FI'j'7.-0
PHONE NUMBER: Lh,> - 1.),:"; -1..,L,o/'1- FAX /-1/0'- Y''SC;- b ~'t.'>,.
,If, ,\'R€Jllll'Ii:CTIDESIGNER/~(,1J ,....,t: 12-1 Ui'A/v'? C~" 713":,
MAILING ADDRESS: 3,;S'S- - J 1',CLL MI'" I?"./ /<-G~S'
CITY/STATE/ZII': IJOl'io,Tcl' fA'''' q '-I'i'-l<7
PHONE NUMBER: 4/,' -Sin,-)..!';"'~~(" FAX ~-_~oS'?'_Z.",3C)
.Iease illd/cllte with all a,<ierisk (*J persall,' to wham can'espolldeJlce should be WIt. .
, IlRIlW DESCRIPTION OF PROPOSED PRO.IECT (attacb separate sbeet if ..eeded):
__ Al')o InD'" Or' 4/lfp f'bI, P" P~c..'~O()'''1 1"'111+11-/ C,zISlk/c, "-'FILL.S
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I, tile undcrsigncd owner (or authorized agent) of the property herein described, hereby make application for
appn.:lval of the plans submiued and made a part of this application in accordance with the provisions of the Town
Ordinances, and I herehy certify that the information given is true and correct to the best of my knowledge and
~d. '
I understand that the reqnested approval is for my benefit (or that of my principal), Therefore, if the Tnwn
grants lhe approval, with or without conditions, and that action is challenged by a third parly, I will he
rc~ponsible for defending against this challenge. I therefore agree to accept this responsibility for dcfcllSc al the
request of the Town and also agree to defend" indemnify and hold the Town harmless from any cOSIS, claims or
liabilities arising from the' approval, including, without limitation, any awart! of attorneys fees that might. result
from the lhird party challenge.
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( r other than owner, must have leU r from owner)
Date:
11;;2 (7(04
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HIBIT NO.
9, loFJ
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M~lTlbers of lhe Planning COllllnissioll
Town of 'l'iburon
1505 Tibllrol1 Blvd,
Tiblll'Ol1. CA 94920
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l~e: Precise Development Plan Amendl~}Cnt
The Baker-\\lil]iams Residence
50 Monterey Drive, Tiburon
February 5. 2004
Dear COllunissioners,
We arc. submitting plans of a modest playroom, to be built in pre-existing space within our home. for your
approval. We ~lave tl very cnergetic, activc yuung family and th~ proposed room provides a lllllclHlcedcd
space fur nul' children tn play and have their assoncd toys without being constantly lI11d~r lTlUln'S feel. 'y.'!e
;Ire sure th;lt if YOllhave children, YOll will understand!
We lwve researched prior requesls for similar additions ill'our neighborhood. Our addition i:; very :;imilar
!() olhers YOll have approved over the past three to four years:
The Ahern Residence at ]29 Rancho Drive receiveu approval for an exercise/playroom in October/
November 2002.
The Brown Residence at 70 Cypress Hollow Drive received approval for a home officc and family rOOlll
extension in August/Septemher 200],
The Strull Residence at 70 Monterey Drive received approval for a playroom and balhroom ill Dece...:mbcr
1~99/ January 2IJIJIJ,
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Tile BoyadjianResidencc at J 70 Runcho Drive received approval for a bedroom. bathroom and relocated
laundry in Apri] 2000.
We arc asking l'or;1 similar addition which will bt; eqllal in general conformance...: with the devdopmcnl
standards for the...: Cypress Hnlk)w Prccist; Developmcnt Plan with regard to selbacks. lnt cove...:rage...: and
height limits.
The Town Council has appnwed of amendmr.;nts 10 Ihe Cypress Hol]ow Precise Dcveloplllellt Plan whcll
the proposed <:Idditional noor area is "attained enlirely within the exi:;ting mass and hulk or the approvnl
house." This is what we are asking for. The proposed pJayrmml will lake up existing :;pace undcr our
garagc, No cxcavation would be rcC]uirccl to construct lhis ~lddition and nur neighbors ~\re fully supportivc
of our plans (see attachment),
The only external c]wnges would involve two pairs of windows for light ;md venlil:ltion Oil cach side of our
hO\lse, This playroom will in no way add additional impact on the neighborhood. it will simply hdp us
allow our kids to play freely in the house-especially duriilg Ihese r:liny, winter days, Our lot is a bit
smaller than some oj' the others in our neighhorhood,
We truly hope to stay in lhis hurne fur many years 10 come. and this will hclp us uo thaI;
Please, allow liS this modest requcst. Wc welcome you to visit our home, You I1l<.lY cOlltac..:l us at (Jur !Jnrne
number, which is 38] -3358,
Sincerclf" . Ii
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EXHIBIT NO. ~
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Neighbor Approval of Proposed Addition
at 50 Monterey'Drive, Tihuron, CA
I, the undersigned, have reviewed and support the design plan for the proposed Baker-
Williams playroom addition under their garage at 50 Monterey Drive, We recommend
that the Tiburon planning commission approve this plan,
Name (print) Signature Date Address
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EXHIBIT NO. ~
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RESOLUTION NO. 2004-04
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 50 MONTEREY DRIVE
ASSESSOR PARCEL NO, 34-395-05
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1, Findinqs,
A, The Town has received and considered an application filed by David and Dana Williams for
an amendment to the Cypress Hollow Precise Development Plan to increase the maximum
floor area permitted for Lot 35 of the Cypress Hollow Subdivision, The subject property is
developed with existing single-family residence, and is commonly known as 50 Monterey
Drive, The application consists of the following:
1, Application form, dated February 2,2004
2, Supplemental information, dated February 10,2004
3, Site Plan, Floor Plans and Elevations, received February 2, 2004
B, The Planning Commission held a duly-noticed public hearing on March 10, 2004, 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 Section 15301 of the CEQA Guidelines,
D, The Planning Commission finds, based upon application materials and analysis presented in .
the March 10, 2004 Staff Report, as well as visits to the site and testimony received from the
applicant, that the project 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 alter the visual mass and bulk of the existing home, and does not result
in a dramatic increase beyond the originally approved floor area limits for this lot.
E. The Planning Commission finds that had the project been presented prior to construction, it
would have been found to be consistent with the goals and pOlicies of the Tiburon General
Plan, For example, Policy LU-22 of the Land Use Element states that "the Town shall adopt
housing size limitations for residential development as part of the Zoning Ordinance for
reasons detailed in Open Space and Conservation Policy OSC-6 [which states that 'the Town
should encourage well-designed projects that enhance its image through the development
and design review processes, Monotony in design, and massive structures and site
coverage that overwhelm the surrounding area, shall be avoided.'] Possible methods
include, but are not limited to, floor area ratios, coverage, height, bulk, and square footage
limits," The additional floor area is located entirely within undeveloped space within the
existing mass and bulk of the approved house, and would be consistent with this
requirement, as this floor area does not affect the originally designed mass and bulk of this
residence,
F, The requested addition does not 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
TIBUKON PLANN1NG COMMISSION RESOLunON NO. 2004-04 MARCl.[ 10,2004 I
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EXHIBIT NO,
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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 state that "the FAR shall be a maximum of 30%; except
that greater area is permitted for 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);
and except that greater area is permitted for 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); and except that greater area is permitted for 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; and except that greater area is
permitted for 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); and except that
greater area is permitted for 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),"
2,
This approval shall in no way alter other provisions of the Cypress Hollow Precise
Development Plan not specifically described herein,
3, A statement shall be recorded against this property requiring that no bathroom,
bedroom or kitchen may be constructed within the area approved under this
application,
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
March 10, 2004, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COMMISSIONERS: SNOW, COLLINS, FRASER AND KUNZWEILER
COMMISSIONERS: GREENBERG
COMMISSIONERS: NONE
WAYNE SNOW, CHAIRMAN
Tiburon Planning Commission
DANIEL M, WATROUS, SECRETARY
H :dwatrouslresolutionslpc30402,resolution ,doc
T1BURON PLANNING COMMISSION
RESOLUTION NO, 2004-04
2
MARCH 10,2004
EXHIBIT NO.
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Town of Tiburon
STAFF REPORT
AGENDA ITEM s:
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FROM:
PLANNING COMMISSION
DANIEL M. WATROUS, PLANNING MANAGER
FILE #30402: AMENDMENT TO CYPRESS HOLLOW PRECISE
DEVELOPMENT PLAN (PD #45) TO ALLOW ADDITIONAL FLOOR AREA;
50 MONTEREY DRIVE; DAVID AND DANA WILLIAMS, OWNERS;
ASSESSOR'S PARCEL NO. 34-395-05
TO:
SUBJECT:
MEETING DATE: MARCH 10, 2004
REVIEWED BY: SA
. . . . . . . . . . . . . . . . . . . . . . . . . . ,'. . . . . . . . . . . . . . . .
PROJECT DATA
Address:
Assessor's Parcel Number:
File Number:
Lot Size:
General Plan:
Zoning:
Subdivision:
Current Use:
Owners:
Applicant:
Date Complete:
50 Monterey Drive
34-395-05
30402
10,497 square feet
Medium Density Residential
RPD (Cypress Hollow Precise Development Plan, PD #45)
Cypress Hollow '
Single-Family Residential
David and Dana Williams
Colleen Mahoney
February 19, 2004
.
PROJECT DESCRIPTION
The project is the proposed amendment to a precise development plan (the Cypress Hollow
Precise Development Plan) for property located at 50 Monterey Drive, The applicants wish to
increase the maximum floor area permitted for this lot, which is currently developed with a
single-family home,
The Cypress Hollow Precise Development Plan currently limits each parcel to a maximum floor
area of 30,0% of the lot size, The applicants propose to amend the text of the precise plan to
allow a floor area ratio of 33,8% for this property,
The single-family residence on this property was originally constructed with a floor area of 3,115
square feet (29,7% floor area), along with a 600 square foot garage, The property owners wish
to convert undeveloped space within the existing mass and bulk of the house into a play room
and closet and storage space, The proposed 416 square foot addition would increase the floor
area of the house to 3,531 square feet, resulting on a floor area ratio of 33,8%, As the resulting
floor area ratio is in excess of the 30,0% maximum floor area permitted for this property, the .
applicants are requesting to amend the Cypress Hollow Precise Development Plan to increase
the maximum permitted floor area for this property to 33,8%,
EXHIBIT NO, 4-
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Town of Tiburon
STAFF REPORT
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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 3), which currently
governs this precise development plan, states that the floor area ratio for each parcel "shall be a
maximum of 30%." This subdivision was annexed into Tiburon in 1999,
These 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 (FAR,)
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,
Current practice for the Town of Tiburon is that all precise development plan approvals specify
floor area limits on all lots within a development.
For comparison purposes, under the Town's current "default" FAR. standards, adopted in
1990, the subject property would be allowed a maximum floor area of 3,050 square feet, plus an
additional 600 square feet for garage space, The floor area ratio provided under the Cypress
Hollow Precise Development Plan would allow 3,149 square feet of floor area for this property,
The 3,531 square foot total floor area requested by this amendment would exceed the Cypress
Hollow floor area ratio by 382 square feet, and would exceed the Tiburon default floor area ratio
,by 481 square feet.
Four requests have been approved since 2000 to amend the Cypress Hollow Precise
Development Plan to increase the maximum allowable floor area for the properties located at 70
Monterey Drive: 170 Rancho Drive, 70 Cypress Hollow Drive and 120 Rancho Drive, The
review of these requests is summarized as follows:
70 Monterev Drive
This request involved the conversion of undeveloped space beneath the house into living area,
A 650 square foot increase was approved, resulting in a floor area of 3,750 square feet on an
11,600 square foot lot. The resulting floor area was 32,3% of the lot size, and exceeded the
Tiburon default floor area ratio ,by 590 square feet.
During the review of this application, the Town Council was concerned that the decision could
essentially set policy for the entire subdivision, The Council approved the request, induding
qualifying language indicating that the request was for only 270 square feet above the maximum
floor area currently permitted by the Cypress Hollow Precise Development Plan, and that the
request to add a playroom and office would not increase the number of bedrooms within the
residence,
170 Rancho Drive
This request involved the conversion of undeveloped space beneath the house into living area.
A 580 square foot increase was approved, resulting in a floor area of 3,420 square feet on a
F~XHIBIT NO.
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March 10, 200,
page 2 of 5
STAFF REPORT
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10,000 square foot lot. The resulting floor area was 34.2% of the lot size, and exceeded the
Tiburon default floor area ratio by 420 square feet.
The Planning Commission and Town Council noted that this application added a bedroom and
bathroom to a two-bedroom house, The town Council resolution approving this amendment
stated that "the application would add a bedroom and bathroom to the existing two-bedroom
house, and would therefore be less likely to encourage more residents than a normal house, or
increase the intensity of use of the residence,"
70 Cvpress Hollow Drive
This project requested to enclose an open deck area and convert a one-car garage space into
living area, A 370 square foot increase was requested, which would have resulted in a floor
area of 2,981 square feet on a 9,160 square foot lot. The resulting floor area would have been
32,5% of the lot size, and would have exceeded the Tiburon default floor area ratio by 65
square feet.
The Town Council noted that most of the proposed floor area would be situated within the
existing walls of the house; that the project would only add a home office and expand the family
room of the existing house; and differentiated the house from other homes in the Cypress .
Hollow Subdivision by its original design that includes a separate one-car garage and two-car
garage, However, the resolution approved by the Town Council also added that "the Zoning
Ordinance's floor area ratio fixes the amount of development generally considered desirable for
residential properties in the Town, To allow development in excess of the floor area ratio,
absent unusual circumstances, would undermine the Zoning Ordinance's goal of limiting over-
development of residential properties." The Council conditionally approved this request, but
limited the floor area permitted so that "the total floor area of the house does riot exceed the
Town of Tiburon default floor area ratio for this property,"
120 Rancho Drive
This request involved the after-the-fact conversion of undeveloped space beneath the house
into living area, Only 40 square feet of the newly enclosed space was calculated as floor area,
resulting in a floor area of 2,607 square feet on a 7,910 square foot lot. The resulting floor area
was 33,0% of the lot size, which was 184 square feet less than the Tiburon default floor area
ratio, The only qualifying language included in the Town Council approval for this application
required that the additional floor area was to be attained "entirely within undeveloped space
within the existing mass and bulk of the approved house did not include qualifying language for
this approval."
ANALYSIS
All of the proposed floor area requested in this application would be situated within previously
undeveloped areas beneath the originally constructed house, and would not involve any exterior .
expansion to the walls of the residence, Several windows proposed for the exterior of the play
room would face into landscaped portions of the site, and would be minimally visible from
EXHIBIT NO. q
March 10, 2002
page 3 of 5
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Town of Tiburon
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STAFF REPORT
neighboring homes on either side of the subject property, The applicants have submitted a
petition signed by several nearby property owners, including the owners of both adjacent
properties, indicating their support for the subject application,
Concerns were raised during the review of the recent amendments to the Cypress Hollow
Precise Development Plan that these requests could set a precedent for other floor area
increases in the subdivision, The contentious history of the development of this subdivision was
also noted, and concerns were raised that these additions would constitute a "back door"
approach to achieving additional floor area beyond the limits specified within the Cypress
Hollow Precise Development Plan. As noted above, previous approvals included qualifying
language noting that special circumstances were considered in the approval of the 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 which could impact nearby
property owners; that the additionswould not increase the intensity of use of the residence; 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;
and/or that the requests had been evaluated by the potentially affected neighboring property
owners, who raised no objections to these applications,
The proposed application would be consistent with most of the findings mentioned as part of the
approvals of prior amendments to the Cypress HOllow Precise Development Plan, The
proposed playrOom would be contained within the existing exterior walls of the residence; would
not likely increase the intensity of use of the house; would not significantly exceed the maximum
floor area currently permitted by the Cypress Hollow Precise Development Plan; and is not
opposed by nearby property owners,
The primary remaining concern for the proposed ,amendment would be its inconsistency with the
default Tiburon flo,or area ratio for a lot of this size, The previously approved amendments for
70 Monterey Drive and 170 Rancho Drive permitted floor areas 580 and 420 square feet,
respectively, above the floor area ratios for those lots; the subject application requests a floor
area 481 square feet above the floor area ratio for this site,
This application would be consistent with the parameters set by these two previous
amendments, which also allowed conversion of undeveloped space beneath the house into
living area and somewhat exceeded their floor area ratios, The addition of a playroom would
not significantly increase the intensity of use of the residence, also similar to the additions
permitted for the previous two applications,
ZONING AND GENERAL PLAN CONSISTENCY
The proposed project has been reviewed for consistency with the Tiburon General Plan and
with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments,
The project appears to be consistent with the overall intentions of the Cypress Hollow Precise
Development Plan, The requested increase in floor area would not significantly alter the visual
mass and bulk of the existing home, and would not result in a dramatic increase beyond the
originally approved floor area limits for this lot.
EXHIBIT NO. Lf
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March 10, 200,
page 4 of 5
STAFF REPORT
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Town of Tiburon
Policy LU-22 of the Land Use Element states that "the Town shall adopt housing size limitations
for residential development as part of the Zoning Ordinance for reasons detailed in Open Space
and Conservation Policy OSC-6 [which states that "the Town should encourage well-designed
projects that enhance its image through the development and design review processes, '
Monotony in design, and massive structures and site coverage that overwhelm the surrounding
area, shall be avoided,"] Possible methods include, but are not limited to, floor area ratios,
coverage, height, bulk, and square footage limits," The proposal to allow additional floor area
wholly within undeveloped space within the existing mass and bulk of the approved house
would be generally consistent with this requirement, as the additional floor area requested
would not dramatically affect the originally designed mass and bulk of this residence,
ENVIRONMENTAL REVIEW
Staff has made a preliminary determination that the subject application is categorically exempt
from the requirements of CEQA per Section 15301 of the CEQA Guidelines,
FUTURE ACTIONS REQUIRED
The Planning Commission's approval of this project action would be a recommendation to the .
Town Council. Should the Commission vote to deny the project, that decision would be final,
unless appealed to the Town Council. If the amendment to the precise plan is approved by the
Town Council, subsequent Town permits would include Site Plan and Architectural Review and
building permits for the proposed family room addition,
RECOMMENDATION
Staff recommends that the Planning Commission hold a publiC hearing on this item and
determine if the proposed application is consistent with the Town's standards for precise
development plan amendments and the Town Council's recent direction regarding similar
applications to amend the Cypress Hollow Precise Development Plan, If the Commission
determines that the application should be approved, it is recommended that the draft resolution
recommending approval of the project to the Town Council be adopted,
EXHIBITS
1, Application form and supplemental materials
2, Draft resolution
3, Marin County Board of Supervisors Resolution No, 88-252
4, Submitted plans
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;~XHIBIT NO. 4
March 10, 200::
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5. REQUEST TO AMEND THE CYPRESS HOLLOW PRECISE
DEVELOPMENT PLAN TO ALLOW ADDITIONAL FLOOR AREA; 50
MONTEREY DRIVE; David and Dana Williams, Applicants; Assessor's Parce' No.
34-394.
David Williams, owner, discussed his request.
The public comment period was opened.
Colleen Mahoney, architect, stated that she had been the architect for the project for 170
Rancho Drive, for which the Town approved a modest addition within the confmes of the
existing house, similar to those approved for several other previous projects. She noted
that the house was approved by the County, where less attention was focused upon the
empty space that is created beneath a structure as a house steps down the hill.
The public comment period was closed.
Commissioner Greenberg stated that she believes in the integrity of Precise Development
Plans, She noted that the development had occurred in the county and would have looked
different if it had been approved in Tiburon. She said that her problem is not with this
specific application, but, with setting a precedent to have larger homes in this subdivision.
She said that this sends a message that it is acceptable to convert this sort of unused space
within the existing footprint of the house, She stated that Staff and the Design Review
Board are now more aware ofthis issue and try to insure that this empty space is not
created in future projects, However, she added that there are many homes in Tiburon with
such available space, She stated that these additions raise issues of increased intensity of
use and traffic, She was concerned that, over time, there will be many applications from
this subdivision and Tiburon, She said that she could not support this application. '
Commissioner Collins stated ifthis were the first application of its kind, he would agree
with Commissioner Greenberg, He said, however, that it would be difficult to deny this
application given the approval ofthe previous amendments. He noted that the previous
applications wcre similar in size, with no exterior expansion and no opposition.
Commissioner Kunzweiler stated that the precedent that has been set by the previous
amendments is almost shocking. He agreed with Commissioner Greenberg
philosophically, but said that, unfortunately, fairness is required in the review of these
applications. He noted that the Town Council recently approved a crawl space conversion
that had becn rejected by the Design Review Board. In this case and in this neighborhood,
he said that he could not toe the line on such additions. However, he did not want this
decision to be interpreted as allowing open season on converting crawl spaces in Tiburon,
Commissioner Fraser stated that, from a practical standpoint, the space is alrcady present
in this house, and no additional bedrooms or bathrooms are proposed, He said that therc
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EXHIBIT NO. S-
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because ofthe decision made on the previous amendments and the design of the project.
Chair Snow statcd thc Town is attcmpting to manage and control projects to minimize
unfinished area~ that have the potential for expansions that would the floor area ratio,
However, in tlus subdivision, he le1t that the Town must livc with thc circumstanccs of the
approved building designs, He noted that the proposed addition would not be visible and
would have no visual impacts or other cffccts on neighbors,
Commissioncr Grcenbcrg askcd if a condition of approval could bc addcd that a
bathroom, kitchen or bedroom could not be added at any timc in thc futurc,
Planning Managcr Watrous stated that, while he undcrstands the intent of such a
rcquircment, someonc could apply for a building permit for an intcrior remodel to add
such improvements, and it would be difficult for thc building division to know of this
restriction,
Chair Snow stated that cach application should bc rcvicwed on its own mcrits, said that hc
would support this application,
M/S, Kunzweiler/Collins (passed 4-1, Greenberg disscntcd) to adopt the resolution
recommcnding approval ofthis application to the Town Council, with the added
condition of approval requiring that a statement be recorded against this property
requiring that no bathroom, bedroom or kitchen may be constructed within the
area approved under this application.
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ADJOURNMENT
Thc meeting was adjourncd at 11 :00 p,m,
EXHIBIT NO.
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Jia Sup.eliOi Court I:Jed
jons by bold type.
Stipulated Settlement
11/30/88. The de1etic
Case No. 140135 of ~'C cull'
Ie shown by overstriking d.Ld tl:1e ,
MARIN COUNTY BOARD OF SUPER\i1S0RS
RESOLUTION NO. 88-252'
A RESOLUTION GRANTING THE APPEAL OF THE CYPRESS HOLLOW PARTNERSrHP
AND APPROVING THE CYPRESS HOLLOW DEVELOPMENT PLAN AND
, VESTING TENT A TIVE MAP
FOR ASSESSORS PARCEL NOS. 34-153-15, 34-0]2-34, 35, 37 and 51.
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I. WHEREAS on August ]5, 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 '
n. 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 '
lll. VlFEREAS 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 Ho1'1ow Master Plan as approved by the Board of Supervisors; and
IV. ,VHEREAS 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 Planrling
Commission:
a. that, based on the recommended Draft ElR, the proposed project incorporates all
necessary environmental mitigations in the modifications and conditions contained
herein and meets all the County's public health and safety standards for design, and
it will not have a significant effect on the environment or substantially or avoidably
injure wildlife or their habitat, and wiJI not cause public health or safety problems;
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 COWltywide 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 ' '
EXHIBIT NO. t
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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 COWlty and service districts; and it is consistent with all COWlty
development policies and standards; and
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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
Vl. V\'HEREAS, 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 Jots .
abutting the existing homes on Blackfield Drive; and
c. reduction in the height limits of several lots downslope from the Rancho Drive
extension; and
Vll. WHER EAS 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:
Plannin::-: Department
1. The Cypress Hollow Development Plan/Vesting Tentative Map is hereby approved subject
to the foilowing: '
a~ TRts 8flflFGyaJ sRaH Ilet 8e eeRsffieFes ill fGfee ails eHeet l:ffiless aRe 'dRill tRe E:Yflfess
HeBew EtR 15 eefHHes aRS tHe Mastef PJall ts aflflfeve6 8Y tRe BeaF6 ef S'dfleFY15eF5~
a. Except as modiiied 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"
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EXHIBIT NO. ".
p, 2... ()rq
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to the Master Plan), tRe aHefaaHye siie !'laa fExRfBi-t ~E:~ loe loRe MasloeF Plaat,- loRe
sll)3~meRtallaRe.searfRg !'laR fExllfBi-t ~8~ loe loRe MasteF Plaat,- and the landscaping
plans for two adjacent properties.(Exhibits "E" and "F" to the Master Plan). WRefe
tRefe afe aisefe)3aaefes ameRg loRe eXRfBi-ts, EXRiBits ~E:~ aaa ~8~ sRaH geyern~
The lot numbers on the Final Map shall be the same as those shown on Exhibit ~E:"
"V'.
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
Partnership, or its successors in interest, defend, indemnify, and hold harmless Marin
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, '(oid, or
annul, an approval of the County concerning the Cypress Hollow subdivision, which action
is brought.in a timely ma[)Jler. 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 proceed.ing, or
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
folJowing chang=
A. Additional Development Standards for Lot 10 throug-h 23 21
1)
Building Heil("ht. The maximum allowable building height for houses shall be 26
ft. above natural grade for Lotsll0 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
wherever practical to the extent consistent with other objectives such as
minimizing grading, maintaining architectural interest and variety, and allowing
a house siz.e similar to others within the subdivision. House designs should
incorporate features that facilitate reducing overall height. Features to be
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 dO\vnhill (rear) side of the structure
shall be "undulated" 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
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.. EXHIBIT NO. '$'
f. '3 6F'1
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 (18') 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:
.1) For Lot 45 44, the development envelope setback from the northerly propert?
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 CoveraRe
.
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 4. 40 through 45 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.
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 el' EXRfBi-t ~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
-4-
EXHIBIT NO. ~
P. y: <IF'9
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.(I..Oj~;, ," ':'i 4?,'
11. Final. landscape and irrigation plans shall be approved by the Pla[)Jlmg 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 tho 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
1.
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13. As eUefea 8Y loRe aj3J*teant aRa aj3j3fSyea as j3aH ef tRts aj3j3feval As agreed to by thc
Town of Tiburou, 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 shalJestablish a $51,000 fund aaa j3fej3eSe tRe j3FeeeaHFes
ana sllj3eFYisfRg eat-tty, SHeR as tRe 'feWR ef Tf8llFen eF Bel Mf'e fmj3feyemeat AsseetaHen
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. TRe j3feeeaHfes aaa sHj3efYisfng ageney as j3FSj3eSea 8Y tRe aj3:J*i=t SHaH 8e
sHl3jeaet te tRe feyfew ana aj3flFeva! sf tRe Ptaaaing 8ifeeEer.- in tRe eyeat Be aflflf8j3fiate
eati-ty fS wfHtag te aeeeflt tRe FeSj38nsflJH.i.ty sf SHj3efYtstng loRe elfj3enEli-tHfe ef tHe fHn8
j3ftBf te. feeefaaHea ef Frnal Maj3,- tHe aeYefflj3eF sRaH Be feSj3enStB1e te j3ay tile ennefS of
tRe i7 lets aleag BtaeHeM BRye tllat aBHt loRe aOWRsfflj3e letS aleng loRe j3f8j3esea Raaells
Bftye exteas-lea, alse kRewa as A~P~ Nes 834-i,l-fll to 87 aRa 834-Ht-flJ: te 18, Hj3 te
$3,B88 j3ef let as fetffiBHfsement fef eXj3eases rneHffea rnstaHtng seFeeafRg taRElsearfRg fR
tReH ceaf yafe.s WRleR eXf'eases IHay rnel-Hae laR8sea)3iRg Elesfag, tan8searfRg eontfaeHag
aRa fastaHaHea, ef eost ef !'laRt mateffal-so TRe aeyetej3ef sRaH Be feSj3ensfB1e te aisBHfse
ffeffi tRe $ol,B88 fHRa fef fefmBHfsemeat etafmea rn wffifag fef Hye f5-l yeafs fFem
feeefaatlen ef FfRal Majj-;- Distnbution of the Fund shall be made as determined by the
Town of Tiburon. Upon funding of theFund, the Town shall notify in writing cach owner
of the Blackfield Homes advising each owner of the availability of the Fund for purposes
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 l7 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
Phnninr; Director of the Town., the Town shall reimburse the applicant/owner for
such landscaping costs actually incurred (including landscaping design., landscaping
=ntracting 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
=mpensation to the Town for administering the Fund: 1) upon recordation of the
Final Map for the Project, Cypress HolJow shall pay to the Town of Tibmon the sum
of FIVE THOUSAND OOLLARS ($5,000.00); and 2) interest received on tile Fund shall
become wrrestricted funds of the Town of Tiburon s earned. In the event the Fund
-5-
"RXHIBITNO. ~
~. "5 0F,~
has not been exhausted within five (5) years after the date of fundiing and after the
Town of Tiburon's good faith efforts to contact all of thc owners of the Blackfield
Homes who have not received payment under tills procro'{iure, any sums remaining in
the Fund shall become unrestricted funds of the Town. .
DeDartment 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 drairage deficiencies and identifies potenti"l
mitigation measures shall be submitted.
15. The improvement plans shall irclude a detailed grading and drainage plan that
incorporates the following design guidelines as found appropriate by thc appiicant's
professional engineers and concurred ir by County staff:
A. All cut and fill slopes should be inclined no greater than 2:1 (horizontal to verricai)
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. ]t is the intent of this condition to. require stnlctures to be .
custom designed to fit the topography anel 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. R educe 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 geoteclmical 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:
-6-
.
.
.
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 P.pril 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
qualif ied 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-e):pansive 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
graoing and other items related to building foundations and site specific 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 sRaH 8e feyises te show~ a non-access easement for the
following areas:
A.the south easterly lot lines of lots 31 to 48 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 aa8 38 22 and 23 along Rancho Drive;
D. the entire north westerly side of Monterey Drive (includes lot lines in Lots 4D. 41, 42,
43, and 4544, 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.
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 Holiow Drive.
B. a stop sign at the west end of Cypress Hollow Drive.
C. A stop sign at the south end of Monterey Drive.
-7-
EXlIIBIT NO. .~
f. I 01= '1
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. .
The paving section of Bay Vista Drive shall be widened to 30 feet from where it .
currentiy 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.
E.
These traffic improvements shall be sho\\lJ1 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. A void 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 darns, sediment .
ponds, or si] ta tion basins.
Construction on the site shall be done in compliance with the approved construction
erosion and sedi mentation 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 N 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 ;or residential and accessory structures, ail
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 foliowing
design requirements:
-8~
.
H":XHIBIT NO.ffi.,
f 8' UFer
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 dete.ctors. The detectors shall receive their primary power from the
building wire (commercia] 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.
l'darin Municipal Water District
29. Prior to recordation of final map. the applicant shall enter into a pipeline extension
ease ment with Marin Municipal Water District and. shall guarantee necessary project
improvements and water service for all proposed residcntial lots.
30. Low flow water fixturcs shall be utilized in all house construction.
. RicflardsofJ Bav Saniwrv District
31. Prior to recordation of Final Map, thc applicant shall enter into an agrecment 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.
PP ASSED 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:
,"YES:
Supervisors:
Gary Giacomini, Bob Stockwell, Harold Brown, A1 AramrJuru
NOES:
Supervisors:
None
ABSENT:
Supervisors:
Bob ROUmiguierl\, 1\ .
'- .,I,_~.,~__J
CHAJRMAN OF THE BOARD OF SUPERVISORS
COUNTY OF MARIN
,fJ TTEST:
~/~ / /--"'--:7 -
/// l;'.:;.. . L__"
,-' i.--<'f-r-:-!L---I' C"-.-r.. ~
Margaret Council
. Clerk of the Board
EXHIBIT NO, ~
f. q OJ::9
.
Town of Tiburon
STAFF REPORT
~
AGENDA ITEM
TO:
Mayor and Town Councilmembers
Pat Echols, Director of Public Works/Town Engineer k.
FROM:
SUBJECT: Adopt Resolution Establishing a Stormwater R~mpact Fee
MEETING DATE: April 7, 2004 REVIEWED BY: ~
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BACKGROUND
.
At the March 19, 2003 Town Council meeting, staff presented a number of revenue
enhancement concepts for Council consideration. The Council directed staff to pursue
several of the options presented, including a stormwater runoff impact fee, and return to
the Council with a specific fee proposal. A fee proposal was submitted for Council
consideration on February 26. At that time, a revised resolution was provided as late
mail. Because the revised resolution language had not been reviewed by the Town
Attorney, the Council continued the item pending review of the resolution by the Town
Attorney.
DISCUSSION & ANALYSIS
The concept of a drainage impact fee is similar to the Town's existing street impact fee.
The intent is to capture revenue which offsets the cumulative impact of new impervious
surfaces created by building construction projects throughout the Town of Tiburon. Town
maintained streets and storm drain facilities have been impacted by the effects of
cumulative runoff increases over the years, requiring storm drain upgrades and/or
improvements and street re-contouring to convey/control the increased flows. The
Centro West-Raccoon Lane storm drain improvement project (which cost the Town over
$100,000) and Taylor Road (at Paradise Drive) project are recent examples, Current
deficiencies include Spanish Trail near Vistazo West (where increased runoff cannot be
contained by existing facilities during heavy rains), Accelerated deterioration is also
occurring within culverts due to increased abrasion caused by sedimenVdebris content
of increased stormwater flows generated by new impervious surfaces. This increased
wear reduces the useful life of culverts throughout the system.
It is estimated that the Town would have to appropriate over $250,000 per year just to
keep up with needed rehabilitation throughout the storm drain system, In recent years,
the Town has spent about $200,000 per year on storm drain projects as part of the
Capital Improvement Program, Since the Town has no dedicated drainage-related
revenue source, the Town has typically used General Fund revenues to pay for storm
drain rehabilitation projects. With the establishment of a drainage impact fee, a pro-rata
portion of the cost for storm drain rehabilitation could be shifted away from General Fund
. revenues, and placed directly on those projects creating the additional storm runoff,
April 1, 2004
1 of 2
Town of Tiburon
STAFF REPORT
Construction projects in Tiburon currently create approximately 100,000 square feet of
new impervious surface in a year. The overwhelming majority of these new impervious
surfaces are associated with residential construction projects (remodels, new houses,
etc,), The creation of new impervious surfaces is expected to slowly decline over time
as the Town's limited inventory of vacant lots is 'built out', Most commercial construction
projects do not create new impervious areas, Staff has consulted municipalities and
counties throughout California to ascertain if other agencies have implemented a similar
fee, To date, staff has learned that several agencies, including Contra Costa County and _
the City of Watsonville, have adopted stormwater runoff impact fees. The fee amount is
based on the area (in square feet) of new impervious surface created by new
construction and ranges between $0,35 (Watsonville) and $0,98 (Contra Costa County)
per sq uare foot.
The Town currently has approximately 12,.2 million square feet of residential impervious
surface area, Based on data provided by Harris .& Associates as part of their
infrastructure valuation services, the Town's storm drain system replacement cost is
$12,210,000 in 2003 dollars. Correlating this cost to the total impervious surface area
yields a unit cost of approximately $1.00 per square foot of impervious surface,
Accordingly, staff proposes a fee formula of $1.00 per square foot to offset the
proportionate impact of additional stormwater runoff generated by new impervious
surfaces created as a result of construction projects. Assuming an average of 75,000
square feet of impervious surface will be created each year during the coming years, the
fee would be expected to generate about $75,000 per year.
Because the proposed stormwater runoff fee is a development fee, it would not be
subject to voter approval pursuant to Proposition 218, The fee would need to be
imposed and administered in accordance the procedures and criteria outlined in
Government Code 9 66000 et seq. The fee would take effect 60 days after adoption by
the Council. Public noticing of the proposed fee was provided in accordance with
applicable State law,
RECOMMENDATION
It is recommended that the Town Council take the following actions:
1, Hold a public hearing and receive comments,
2, Adopt the draft resolution establishing a Stormwater Runoff Impact Fee.
EXHIBITS
A.
B,
C,
Draft Resolution Establishing Stormwater Runoff Impact Fee,
Town of Tiburon Drainage Impact Fee Analysis,
GASB 34 Infrastructure Valuation Study,
.
.
.
April 1, 2004
2 of 2
.
RESOLUTION NO. XX-2004
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ESTABLISHING A
STORMW A TER RUNOFF IMP ACT FEE
WHEREAS, impervious surfaces within the Town ofTiburon have a direct impact on
thc magnitude of storm water flows; and
WHEREAS, the creation of additional impervious surfaces due to construction
activities further increases stormwater runoff and reduces the capacity, performance and
sustainability ofthc Town's storm drain system; and
WHEREAS, it is appropriate for construction projects resulting in new impervious
surfaces to pay an impact fcc to offset thc incrcascd dcmand on thc capacity, opcration, and
sustainability ofthc storm drain systcm; and
.
WHEREAS, the Town ofTiburon has adopted ail ordinance (codified as Chapter 14B
of the Municipal Code) establishing the authority for imposing and collecting Puhlic
Facilities Development Fees; and
WHEREAS, the Town has provided public notice of the proposed impact fee in
accordance with Government Code, 9966000 et seq,; and
WHEREAS, the Town Council further finds as follows:
A. The purpose of the stormwater impact fee is to upgrade, enhance, and/or
rehahilitate the Town's storm drain system to accommodate drainagc water
resulting from the creation of new impervious surfaces,
B, The stormwater generated through creation of new impervious surfaccs ovcr
the coming years may likely excced the capacity ofthe Town's current storm
drain system in the abscnce of substantial improvemcnts and will hasten the
deterioration of existing' storm drain facilities, There is a .substantial
government interest in maintaining an adequate storm drain system in order
to prevent flooding and other damage to public and private property,
c.
The Town has conducted studies and analyses regarding the extent of its
storm drain system and the estimated cost of its future rehabilitation. The
Town's future storm drainage rehabilitation costs are estimated at
$12,210,100 in the GASB 34 Infrastructure Valuation Study (hereafter
.
TOWIl (?fTihuron
Resolution No. xx-2004
4/7/2004
EXliillll' NG.-A
Town of Tibllrofl
"GASB Analysis"), prepared by the engineering firm of Harris & Associates,
dated March 3, 2004, and available for review in the Office of the Town
Engineer, The Town Engineer also prepared the Town o[Tiburon Drainage
Impact Fee Analysis (hereafter "Fee Analysis"), revised March 29, 2004,
available for review in the office cif Town Engineer, which estimates an
impervious surface total for the Town of 12,17 million square feet that
contributes to stormwater runoff. This means that the proportionate unit cost
to rehabilitate the storm drain system is approximately $1.00 per square foot
of impervious surface,
D, In the judgment of the Town Engineer, the current storm drain system will
not be sufficient to accommodate the amount of runofflikely to be generated
by new impervious surfaces in the foreseeable future. Without significant
drainage improvements, the Town's storm drain system will likely deteriorate
to a point where flooding and property damage would occur.
E,
The Town Council finds that because the Town ofTiburon is approximately
95% built out, traditional stormwater improvements installed by new
subdivisions will not meaningfully reduce the Town's cost for stornl drain
system improvements. The Town therefore seeks to require all new
impervious surface creation to contribute its pro rata share to the cost of
upgrading and rehabilitating the Town's storm drain system.
F.
The Town Council finds, based on the Fee Analysis, that there is a reasonable
relationship between the need for the improvements to be funded by the fee
and the type of development project upon which the fee is imposed,
Specifically, every project on which the fee is imposed generates increased
stormwater runoff by replacing pervious surfaces with impervious surfaces,
This generation of additional runoff requires that, in order to achieve and
sustain an acceptable condition and capacity within the Town's stornl drain
system, drainage improvements must be made to the existing system in order
to accommodate the increased storm water runoff. There is a reasonable and
direct connection between the need for the improvements and the type of
development project upon which the fee is imposed,
G. The Town Council finds that there is a reasonable relationship between the
fee's use and the type of development for which the fee is charged, The fee
will be used exclusively to upgrade and rehabilitate storm drain system
components (including but not limited to pipes, culverts, inlets, and catch
basins); and will be used for the engineering, planning and administrative
costs directly related to such components, The use of the funds will therefore
directly !elate to and benefit the construction projects upon which the fee is
imposed; and
Resolutio/l No. xx-2004
4/7/2004
.
.
2
.
.
.
H.
The Town Couneil finds that there is a reasonable relationship between the
amount of the fee and the cost of the projected required improvements, Thc
cost of rehabilitating thc storm drain system has been dctcrmincd using
standard cngineeringpractices at $12,210,100 in 2003 dollars in the GASSY
Analysis. Approximately 12,17 million square feet of residential impervious
surface area contributcs to the Town's cxisting storm drain systcm. This
creatcs a ratio of$1.00 for each square foot of impervious surface toward thc
upgrade and rehabilitation ofthe storm drain system, Thus, a fcc of$I.OO per
square foot o(new impervious surface in construction projccts is roughly
proportional to that project's contribution to incrcascd storm water runoff.
1.
The Town Council finds, based upon the judgment ofthe Town Engineer and
as set forth in the StaffRcport dated April 7, 2004, that aging, deteriorating,
undersizcd, or otherwise problematic components ofthe Town's storm drain
system are dispersed throughout the Town limits such that virtually all new
impervious surfaces will impact one or more of these problematic
components of the Town's storm drain system, Therefore, for purposcs of
establishing a zone of benefit for storm drain systcm rehabilitation, it is
. logical and reasonable to dcsignate the entire Town of Tiburon corporatc
limits as a single bencfit zone. New impervious surface will be assesscd fees
based upon a single fee established for the entire zone of benefit.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby resolve as follows:
I. Definitions, For purposes of this Resolution, the following terms shall be defincd as
follows:
(a) "BuildingPermit" means a permit required by and issued pursuant to chapter 13 of
the Tiburon Municipal Code,
. '
(b) "Construction Project'; mcans any project requiring any permit or entitlement
dcfined herein from the Town of Tiburon that would result in a net increase in impervious
surface,
(c) "Encroachment Permit" means a permit required by and issued pursuant to chaptcr
19 of the Tiburon Municipal Code.
(d) "Impervious surfacc" mcans any surfacc which does not allow dircct infiltration
of stormwater including, but not limited to buildings, building additions, ncw pavcd concrete
or asphalt surfaces.
.
Town of Tihuron
Resolution No. xx-2()()4
4/7/2004
3
(e) "Subdivision Entitlement" means a pemlit issued pursuant to chapter 14 of the
Tiburon Municipal Code.
.
(I) "Zone of Benefit" means the corporate limits of the Town of Tiburon,
(g) "Zoning Entitlement" means a pennit required by and issued pursuant to chapter
16 of the Tiburon Municipal Code.
2. Fee Imposed,
The Town shall charge a Stormwater Runofflmpact Fcc for any construction project
in the Town which results in the creation of new impervious surface, The fee shall be
collected at the time of issuance of a building permit for the project. If no building pemlit is
required, then the fee shall be collected at the time of issuance of the final permit required by
the Town, which may be a zoning entitlement, subdivision entitlement, or encroachment
permit.
3, Fcc Amount.
The Stormwater RunoffImpact Fee shall be $1,00 per square foot of new impcrvious
surface and shall be adjusted on July 1 of each year in accordance with the Consumer Price
Index (CP\) for the San Francisco Bay Area,
.
4, Exemptions,
The following construction projects shall be exempt from the Stormwater Runoff
Impact Fee:
(a) Projects undertaken by the Town ofTiburon on public lands and/or right-or-ways.
(11) Projects which result in the creation of less than fifty (50) square feet of new
impervious surface.
5, Pavment of Other Fees Required,
Nothing in this resolution exempts any construction project fi'om payment of any
other applicable fees adopted by the Town ofTiburon,
6, Use of Fee Revenues, Stormwater Runoff Impact Account.
The revenues raised by payment ofthe Stormwater RunolTlmpact Fee shall be placed
in a separate Storm water Runofflmpact account and such revenues, along with any interest
earnings, shall be used for the following purposes:
(a)
To upgrade and/or rehabilitate the Town's storm drain system, including the
.
Town o/7i1111ron
Resolution No. xx-2()()4
4/7/2004
4
.
.
.
engineering, planning and administrative costs directly related to such improvements,
(b)
To reimburse the Town for the cost of storm drain system improvements constructed
by the Town with local funds from other sources (unless the Town funds were
obtained from grants or gifts),
(c)
To reimburse developers who have constructed Town-authorized storm drain
improvements having size, length or capacity beyond that needed to mitigatc storm
drainagc impacts of that developer's individual development project;
7, Review and Reporting.
Reviewing and reporting of Storm water RunoffImpact Fees shall be conducted in
accordance with state law commencing at Section 66000 of the Govcmment Code, or any
successor scctions thereto.
8, Effectivc date,
The fee established herein shall become effective in 60 days and shall bc collectcd
and maintained asset forth herein and as required by law.
on
PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthc Town ofTiburon
, 2004 by thc following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE lACOPI, TOWN CLERK
7tHI'll oITihuron
Resolution No. xx-2004
4/7/2004
5
TOWN OF TIBURON
DRAINAGE IMPACT FEE ANALYSIS
Pat Echols, Director of Public Worksrrown Engineer
February 10; 2004
(Revised March 29, 2004)
.
Basis & Assumptions
The overwhelming majority of remammg development opportumtIes in Tihuron that would
generate/create new impervious surfaces are residential. Accordingly, the analysis will focus on the
impact of residential stormwater runoff into the storm drain system,
Impact of new impervious surfaces adversely impact the existing system by increasing demand on
the capacity of system elements and increasing abrasive wear. Over time, the capacity of some
system elements will likely be exceeded due to the incremental runoff increases generated by new
impervious surfaces, The impact is assumed to be proportional to the incremental unit cost to
rehabi Ii tate the overall system,
Based on information provided by Community Development Department regarding 'historical
residential development, there is approximately 10.58 million square feet of impervious surfaces
attributable to house footprints. Estimate additional 15 percent for impervious surfaces associated
with driyeways, patio slabs, sidewalks, etc, bringing total area to 12,17 million square feet.
Analvsis
.
The storm drain system replacement cost is estimated to be $12,210,]00 (see attached summary
from Harris and Associates GASB 34 Infrastructure Valuation study),
Accordingly, the impact fee is:
Fee = System Cost -;- Total Impervious Surface = $12.21 million -;- 12,17 million SF = $l,OO/SF
.
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Town of Tiburon
STAFF REPORT
.
I
.:-,: ~ 9d'-1(~v ,.
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AGENDA ITEM l
. . . . . . . . . . . .'. . . . . ... . '. . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
Mayor and Members of the Town Council
FROM:
Heidi 8igall, Director of Administrative Services
SUBJECT:
PERS Contract Amendment - Local Safety 3% @ 55 Retirement
Formula ~
April 7, 2004 REVIEWED BY:~
MEETING DATE:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Memorandum of Understanding between the Town of Tiburon and the Tiburon Police
Association requires the Town to amend its contract with the California Public Employees'
Retirement System (CaIPERS) to provide the 3% @ 55 retirement formula, effective June 1,
2004 for Safety personnel (Chief, Lieutenant, Sergeants and Officers), Currently, Safety
personnel are covered under the 2% @ 50 retirement formula, In order to provide the enhanced
retirement formula, the Town must amend its contract with CalPERS,
On March 3, 2004, the Town Council adopted the required Resolution of Intention to amend its
contract with CaIPERS. To complete the contract amendment process, the Town Council must
adopt an ordinance amending the contract between the Town of Tiburon and the Board of
Administration of the California Public Employees' Retirement System,
RECOMMENDATION
It is recommended the Town Council take public testimony on the proposed contract amendment
and adopt first reading of the attached Ordinance authorizing an amendment to the contract
between the Town of Tiburon and CalPERS to provide the 3% @ 55 retirement formula for local
safety personnel.
Attachments
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AUTHORIZING AN AMENDMENT TO THE
. CONTRACT BETWEEN THE TOWN OF TIBURON AND
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIRMENT SYSTEM
.
WHEREAS, the Town Council of the Town ofTiburon does ordain as follows:
Section 1.
That an amendment to the contract between the Town Council of the Town of .-
Tiburon and the Board of Administration, California Public Employees' Retirement
System, to provide local safety personnel the 3% @ 55 retirement formula, is hereby
authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by
such reference made a part hereof as though herein set out in full.
Section 2,
The Mayor is hereby authorized, empowered, and directed to execute said
amendment for and on behalf of the Town of Tiburon
Section 3.
.
This Ordinance shall take effect thirty (30) days after the adopt of its adoption,
and prior to the expiration of fourteen days from the passage thereof shall be published at
least once in the ARK Newspaper and thenceforth and hereafter the same shall be in full
force and effect.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on ,2004, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALICE FREDERICKS
MAYOR, TOWN OF TlBURON
ATTEST:
DIANCE CRANE-IACOPI, TOWN CLERK
.
.
,-
eA
CalPERS
EXHIBIT
. California
Public Employees' Retirement System
..
AMENDMENT TO CONTRACT
.
Between the
Board of Administration
California Public Employees' Retirement System
and the
Town Council
Town of Tiburon
..
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
February 1,1967, and witnessed February 8,1967, and as amended 'effective June 30,
1972, October 16,1973, July 15,1985, December 25,1989, March 22,1991, May 27,
1991 and April 21, 2001 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective April 21, 2001, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1, All words and terms used herein which are defined in the Public
Employees" Retirement Law shall. have the meaning as defined therein
unless otherwise specifically provided, "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 55 for local safety
members.
.
c
\,
"
'nT S'('~' ''''-VI :!r)IT r,
PLEASE DO ~;".J I bl~ U"-'i:L;11 U,
2,
Public Agency shall participate in the Public Employees' Retirement
System from and after February 1, 1967 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
,express provisions thereof, apply only on the election of a contracting
agency,
-
3, Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Police Officers (herein referred to as local safety members);
b. Employees other than local safety members (herein referred to as
local miscellaneous members),
4,
In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
.
a. PERSONS COMPENSATED ON AN HOURLY BASIS; AND
b. FIRE FIGHTERS.
5, The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full),
6, The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21363,1 of said Retirement Law
(3% at age 55 Full),
7, Public Agency elected and elects to be subject to the following optional
proviSions:
a, Section 21571 (Basic Level of 1959 Survivor Benefits) for local
safety members only,
b,
Section 21622 ($600 Retired Death Benefit) for local miscellaneous
members only,
.
'"
,
\- - C'l ~N "'-'/1-l1i"IT .Of'\i! ',,"
;~:~ ~I:i} ~~ nlr"'J 1\( ~ 1 0ibi tAr !t)ll 1'~L:'i'
: ~._,II..)_U .~oJ
o
c.
Section 20042 (One-Year Final Compensation) for local
miscellaneous members only.
d. Section 20965 (Credit for Unused Sick Leave),
e, Section 21574 (Fourth Level of 1,959 Survivor Benefits) for local
miscellaneous members only,
8, Public Agency, in accordance with Government Code Section 20790,
. ceased to be an "employer" for purposes of Section 20834 effective on
July 15, 1985. . Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834,
9, Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with.
. respect to local miscellaneous members and local safety members of said
Retirement System,
10,
Public Agency shall also contribute to said Retirement System as follows:
o
.
a, Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law, (Subject to annual change,) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members.
b, A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law,
c, A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law,
o
11, Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law,
j
~
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE TOWN OF TlBURON AND
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIRMENT SYSTEM
u
WHEREAS, the Town Council of the Town of Tiburon does ordain as follows:
Section 1.
That an amendment to the contract between the Town Council of the Town of"
Tiburon and the Board of Administration, Califomia Public Employees' Retirement
System, to provide loeal miscellaneous employces the Fourth Levcl 1959 Survivors
Benefits, is hercby authorized, a copy of said amcndment being attachcd hereto, marked
"Exhibit", and by sueh reference madc a part hereof as though hcrcin set out in full,
Section 2,
Thc Mayor is hereby authorized, empowercd, and directed to executc said
amcndmcnt for and on bchalf of the Town of Tiburon
Section 3,
u
This Ordinance shall take effect thirty (30) days aftcr thc adopt of its adoption,
and prior to the expiration of fourtccn days from thc passage thercof shall be published at
least oncc in thc ARK Newspaper and thenceforth and hereafter thc same shall be in full
forcc and effect. '
PASSED AND ADOPTED at a rcgular meeting ofthc Town Council ofthc Town
of Tiburon on ,2004, by thc following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALICE FREDERICKS
MAYOR, TOWN OF TIBURON
ATTEST:
DIANCE CRANE-IACOPI, TOWN CLERK
u
:""/ .,
. ~
~,~-
CalPERS
.
.
EXHIBIT
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
Town Council
Town of Tiburon
.
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into. a contract effective
February 1, 1967, and witnessed February 8, 1967,.and as amended effective June 30,
1972, October 16,1973, July 15,1985, December 25,1989, March 22,1991, May 27,
1991 and April 21, 2001 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective April 21, 2001, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1, All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided, "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 55 for local safety
members,
'.
\-:-;
- .,-' r":("~ "'Xl1\PIT 0,:\"
"1 r:' 1"'\;- r)1 'j t\H 1\ ""'1\ ,.,t' 1'. ('I l.)j i I'i\~!
it \'-J'~\(; I: ~ lJ l ~...J 1.,..\ l.,h -'
I _.--
.
2.
Public Agency shall participate in the Public Employees' Retirement
System from and after February 1, 1967 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency,
3, Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a, Local Police Officers (herein referred to as local safety members);
b, Employees other than local safety members (herein referred to as
local miscellaneous members),
4, In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a.
PERSONS COMPENSATED ON AN HOURLY BASIS; AND
.
b. FIRE FIGHTERS.
5, The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full),
6, The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full),
7, Public Agency elected and elects to be subject to the following optional
provisions:
a, Section 21571 (Basic Level of 1959 Survivor Benefits) for local
safety members only,
b
Section 21622 ($600 Retired Death Benefit) for local miscellaneous
members only,
.
:\
,.
-~, ('. r' C"'I"~ ~ Ul T ('! (' fl, 1 l! ~,-_:\t' ;"H n {"'j' i,"'l :'>',l, '..',
, ~....J\.'.l,~jqll"'"1 'j"\>1.J\J [Pi":u'! .., .
; ~~,L~i''i.\., :..,......~,. .'~1...1 ... I....... M ~ >l .
.
c,
Section 20042 (One-Year Final Compensation) for local
miscellaneous members only,
d, Section 20965 (Credit for Unused Sick Leave),
e, Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members only,
8, Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
July 15, 1985, Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
9, Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System,
10, Public Agency shall also contribute to said Retirement System as follows:
.
a,
Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change,) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members.
b, A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law,
c, A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law,
.
11, Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law,
"
"
12. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation, If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances, Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board,
B, This amendment shall be effective on the day of
;( \S~,/
BOARD OF ADMINISTRATIQ~~> TOWN COUNCIL ,
PUBLIC EMPLOYEES' ~,?~~BEMENT SYSTEM TOWN OF TIBURON ,( c:3~'~:
~ ,~,
dJ'- .j'>~';-J ,
BY /., ,,' BY ,(, ,-;-
KENNETH W. MARzION, CHIEF PRESIDING OFFICE~ v
ACTUARIA~ ~\EMpLOYER SERVICES DIVISION " Cj'.:J.'
PUBLIC ~tv1~L:OYEES' RETIREMENT SYSTEM ",:-I~~'\
" "j,. ,-" ('\. .......~
,: \()' ('.:,J '.
(.-".)
Witnesb:)'ate .
,.~\_''(:'> .
"'('V
Attest:
.
Clerk
AMENDMENT ER# 0676
PERS.CON.702A (Rev 8\02)
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Town of Tiburon
AGENDA ITEM
f
STAFF REPORT
MAYOR & MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, DIRECTOR OF COMMUNITY<:'"' ~
DEVELOPMENT ~
SUBJECT: AMENDMENTS TO CHAPTER 13A (REPORTS OF RESIDENTIAL
BUILDING RECORDS) OF THE TIBURON MUNICIPAL CODE;
ORDINANCE----INTRODUCTION AND FIRST READIN~
. MEETING DATE: APRIL 7, 2004 REVIEWED BY: ~
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
FROM:
BACKGROUND
The Town of Tiburon has performed residential resale inspections, commonly known as
RBR's, since the 1970's. RBR's are required pursuant to Chapter 13Aof the Tiburon
Municipal Code and are authorized under Section 38780 of the California Government
Code. This chapter was last revised in 1994, and is in need of periodic updating to
reflect changes in practices and procedures over time.
ANALYSIS
The primary purposes of the Town's RBR requirement can be summarized as follows:
1) To identify hazardous, non-code compliant conditions within dwelling units and
require their mandatory correction in order to promote the public health, safety
and welfare.
2) To disclose authorized use, zoning, and permit history information in order to
protect unwary buyers.
Staff is proposing amendments to three of the thirteen sections of Chapter 13A. These
are summarized below:
;... Proposed amendments to Section 13A-5 more clearly set forth the "records
review" and "physical inspection" components of an RBR as performed by the
Building Division.
;... Proposed amendments to Section 13A-6 more accurately describe the categories
of information that are supplied in the written report segment of the RBR.
;... Proposed amendments to Section 13A-8 notify the seller and buyer that "expired,
incomplete building permits" are [already] a violation of the Municipal Code, and
Tiburon Town Council
Staff Report
4/7/2004
Town of Tiburon
STAFF REPORT
they must be remedied either prior to, or generally within 30 days following,
transfer of ownership of the property,
A redlined copy of the draft ordinance is attached as Exhibit 1. The full text of the
current Chapter 13A (for contextual purposes) is attached as Exhibit 2.
Staff has forwarded a copy of the proposed amendments to the Marin Association of
Realtors (MAR), and is awaiting any comments or concerns from that organization. Prior
to the meeting, Staff will verify if the MAR appears to have substantive concerns with the
proposed amendments, and will advise the Council accordingly at the meeting.
RECOMMENDATION
In the absence of substantive concerns from the MAR or others, Staff recommends that
the Town Council:
1.
2.
3.
Hold a public hearing on the draft ordinance.
Pass a motion to read the ordinance by title only.
Introduce and pass first reading of the ordinance,
The item would then return to the Town Council for second reading and adoption on
April 21, 2004.
EXHIBITS
1. Redlined version of draft Ordinance,
2. Full text of current Chapter 13A.
3. Section 38780 of the Government Code.
Tiburon Town Council
Staff Report
April 7, 2004
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ORDINANCE NO.
N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING CHAPTER 13A OF THE MUNICIPAL CODE REGARDING
REPORTS OF RESIDENTIAL BUILDING RECORDS
Section 1.
Findinl!s.
WHEREAS, the Town Council has determined that amendments to the Town's
existing Municipal Code Chapter] 3A regulating Reports of Residcntial Building
Records, commonly known as "residential resale reports", is in need ofrevision; and
WHEREAS, the Town Council has held public hearings on , 2004 and
, 2004, and has considered any and all public testimony receivcd on this
matter; and
WHEREAS, all notices and procedurcs required by law attendant to the adoption
of this Ordinance have been followed; and
WHEREAS, the Town Council has found that the proposed Town Code revision
is consistent with the goals and policies of the Tiburon General Plan and other ordinances
and regulations; and
WHEREAS, the Town Council has found that the projcct is exempt from the
requirements ofCEQA per Section 15061(b)(3) of the CEQA Guidelines.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Tiburon as follows:
Section 2.
Amendment.
Sections 13A-5, 13A-6, and 13A-8 are amendcd to read as follows.
Sec. 13A-5. Records Review and Phvsical Inspection.
La) For each :umlication. the building: official shllIJ con_duct a review ofthc Town's
!mi~ records for the dwelling: unit. The records review shall constituJe a g:ood faith
effort to locate and review relevllnt records g:enerallv limited to those listed in Section
13A-6.
Town of Tiburon
Ordinance No.
N. S,
Effectil(e _,2004
..
E:'AliIBi'i" ~~C.i.
.
LlU WPor each application. Upon IlJlplication aHd paymont of the IlJlpfOpriate fec .
thc building official shalllleJfQ.rm a nhysieal in~nectiQILof-1he dY>'.e.lling unit for
cQlTlj)ljanee with the town's buildinl.! rel.!ulations as adooted in Chaoter 13 of this code,
insflect the dwelling Hnit for compliance with tile town's housiag and 111lilaiag coaes,
zORiag erainance aHa all ether oraiaancos oOhe tewa relatiag to health 1lfIa safety
standards for a'l/elliag Haits. The scope of the iasflectiens shall he Iimitea te those items
listed hele',y ia section 13,\ Ii, The insoection shall con~tilute a good faith cffort to
identify delieiencies, but thc scopc of inspection is nceessarily limitcd and eodc
ddk.Lencies may exist which are not identified during the insf1cction,
(c) E61- The building official shall make every reasonable effort to comnlete the
inspeetiop and.subseQuent report within tenD 0) workinl.! days of the minI.! date of th~
ill1p..liglii.QD" The inspectioa ana sllhseqHeat rllflort shall be completed .,yithin ten working
aays of the date of filing the application for the report,
(d) As Dart of the reQuired fee for the inspection and rGPort, the l1uiJding official
willl1erfofI)J Qne re-insoection of corrections at no additional charl.!e.
Sec. 13A-6. Issuance of Report.
Upon completion of the inspection, the building official shall issue a written
report which shall include the following:
(a) The date of issue of the report;
(b) The .!i!rJ:-'~1 address of the dwelling unit;.
(e) The date the ohvsical inspection was completed;
(d) The ~m.z_Qnin.R.1lfId a SHmHHH)' of the Iises permitted in that zone; for the
pfOoerty on which thc dwelling unit is located:
(c) The existinl! use of the orooertv on which the dWG,UinjUlnit is 10cated;A-ltst
ofyariances, Hse pcrmits, desigR review, hHilaing permits, previolis rllflorts
prepared pUfsHaBt to this chaptcr Sf ether IlJlpre'ials or permits granted for the
prop ert)';
(1) The authQ.rized use of the orooerty. includinl! any conditional uSe_l1crmits or
secondarY dwellinl.! unit oermits that have a b.earinl! on the authorized us..e.;
(g) The occuoancy classification pursuant to t.he Uniform Buildinl! Code: Atly
constfliction work done withoHt IlJlpropriate permits may he sHbjeet te
correction, fees, pcaalties, or aeatemeHt IiBaer the Uniform BHildiat; Code;
(h) A listing of active OJ l1ending.building permits for the p..!Ql1erty;
(i) A listing of cxpjcG.d b.!!ildiJ}.l(.permits for the P.IQp..Q[!Y,.a.c.cmn.Jlani~d by a
statement that any construction or work done without reQuired pcrmits,
in~nections. and/or final si,gj).offmay be subject to correction, fccs...penalties,
and/or abatement under the arlOlical1le llDiJoJ:ID B_uiJ~ode;
(j) A IistinJLof any outstanding "ston-work" ordqs and/or "nJ<inninl.! holds"
.
Town of Tiburon
Ordinance No.
N. s.
Effective . 2004 2
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c
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Town of Tiburon
placed on the orooertv;
(k) A statement that rmrsuant to section] 3-3( d) of this code, "No pcrmit for ne\'{
work on a orooertv shall be i~i;m,d until all outstanding fines. fees. or pcnalties
]tave been paid and all inspections completed on expired incomplete permits";
(I) An itcmization of all deficiencies noted in the dwelling unit pursuant to the
J1bysical insoection. Deficicncies which arc determined by the building
official to endanger the health, safety or welfare of the occupants ofthe
dwelling unit or the public shall be listed as "mandatory" and shall be
corrected pursuant to section 13A-8, Those dcficiencies which the building
cific.iaLdyJ>mnj~do not endanger the health, safety or welfare of the
occupants of the dwelling unit or the public shall be listed as "advisory" eH!y
and correction. while recommended. shall not be required by tHe town;
(m)The following statement:
NOTICE TO PROSPECTIVE PURCHASER: You are hereby advised that
the dwelling unit described in this report has been inspected by the Town of
Tiburon p\lilding official and may have been found to have certain health
and/or safety deficiencies, ~1I as certain eli.pired incomplete building
pernlits. which. if found, are itemized herein, Thc itcmized deficiencies listcd
as "mandatory" are those which present a serious health or safety concern and
must be corrected er remeaiea. ]n the event manaatea deficiencies as noted
listed as "mandatory" are not corrected by the seller, you, as the purchaser,
will be required to correct said items within thirty (30) days of the date of
transfer of ownership, or such other period of time as may be agreed to by the
building official. All exoired incomo]ete bui]ding.permits should be finalized
bv the seller prior to transfer of ownership, Any .such permits that are lwt
finalized nrior to transfer of ownership become the responsibilitY...ofthe
ourchaser and must be finalized within thirtv (30) davs oJ transfer of
pwo~rship. or such other oeriod of time as may be agreed to bv the building
official. If all such.J!ermits have not been finalized within the time period. an
arlm.ioistrative citation will be issued and substantial dllily-penalties will
accrue.
As part of the fili!1J<Jee for the inspection and j'laiEl for this report, the building
official +ewH will perform one re-inspection at no additiJmal charge, Thosc
deficiencies listed as "advisory" do not present serious health or safety
, concern and correction is recommended but not ~uired manaatory, The
scope of the ohysjcal insoection investigatien was necessarilv limited and
deficiencies net neted b)' the Tewn may exist which were not identified, The
review ofbuildinl! records was a good faith effort but ~r:rors or omissions may
have occurred,
Ordinance No.
Effective_, 2004 3
N. S,
Sec. 13A-8. Correction of deficiencies and finalization of eXDired Dermits
reouired by owner or purchaser.
.
(a) All deficiencies identified as mandatory in the report shall be corrected. Work
requiring a building permit shall be noted in thc rcport, As part of the fee for thc report, '
the building official shall perform one reinspection of corrcctions at no additional chargc,
(b) Mandatory corrective work identificd in thc report not completed prior to sale
or exchange of the dYLeJJinJU!Dii property shall be the responsibility of the purehascr.
Such mandatory eorrcctions shall be completed within thirty (ill days of the transfcr of
owncrship of the dwelling unit or such longer period of time as may be agreed to by the
building official. The building official may grant time extensions to the original time
grantee in appropriate circumstances.
W 'Allcxnired incomplete buildin!! nennits should be finalized bv the se]Jel.-and
all associi!ted fees and fines naid,_nrior to transfer of ownershio, Anv such_p_ermits that
are not finalized nrior to transfer of ownership become the resoonsibilitv of the nurchaser
and must he finalized within thirtv-i30) days of transfer of ownership. or such other
neriod of time as mav be alITeed to bv the buildin!! Q[ficial. If all such oermits have not
been finalized within the time period, an administrative citation wiIJ be i~ by Ih_0
building official and substantial dailv penalti_es will accrue,
Section 3. Severabilitv.
.
lfany section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason hcld invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance, The Town Council hereby declares that it
would have passed this and each section, subsection, phrasc or clause thereof irrespective
of the fact that anyone or more sections, subsections, phrase or clauses be declared
unconstitutional on their face or as applied,
Section 4. Effective Date.
This ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after its passage the same, or its
legally required equivalent, shall be published with the names of the members voting for
and against the same, at least once in a newspaper of general circulation published in the
Town of Tiburon,
This ordinance was introduccd at a rcgular meeting of the Town Council of the
Town of Tiburon held on ,2004, and was adopted at a regular mecting ofthc
Town Council of the Town ofTiburon held on ,2004, by thc following
vote:
Town of Tiburon
Ordinance No.
N,S,
Effcctive_.2004 4
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AYES:
NOES:
ABSENT:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
DIANE CRANE IACOPI, TOWN CLERK
Town of Tiburon
Ordinance No.
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
N,$.
Effective , 2004 5
Chapter 13A
REPORTS OF RESIDENTIAL BillLDING
RECORDS
Sections:
I3A-l
I3A-2
I3A-3
13A-4
13A-5.,
I3A -()
I3A-7
I3A-8
13A-9
13A-IO
13A-ll
13A-I2
13A-13
Intent of chapter.
Definitions.
Report required.
Application-Fcc.
.=:.Inspection.,.."...nw. -
Issuance of report.
Disclosure of report.
Correction of deficiencies by
owner or purchaser.
Validity of report.
Exemption from chapter.
Appeals.
Penalties and enforcement.
Nonliability of town.
13A-l
,
13A-2 Definitions.
For purposes of this chapter, the following words
and phrases shall have the meanings set forth in this .
section:
"Building official" means the town's huilding
official or designated hui]ding inspector.
"Deficicncy(ies)" means any aspect ofthc dwcll-
ing unit which does not mect minimum safety stan-
dards as established hy the town's housing and
building codes, Deficiencies may be categorized as
adv isory.(mean ing-correction -is.'recommended.but -"
not required by the town) or mandatory (meaning
correction shall be required by the town). Deficien-
cies listed as mandatory shall be reviewed to balance
the threat to health and safcty with thc cost and
effectiveness of the upgrade,
"Dwelling unit" means any unit used for residen-
tial purposes, including the interior living space,
garage, decks or other structures and improvements,
"Owner" means any person, partnership, associa-
tion, corporation or fiduciary having legal or equib-
ble title or any interest in any dwelling unit.
"Purchaser" means any person. partnership,
association, corporation or fiduciary acquiring legal .
or equibble title or any interest in any dwelling unit.
"Report" means the residential building report,
"Sale or exchange" means the transicr of title,
change in ownership, sale, exchange, rent or lease
with option to sell or purchase, excluding acquisition
by eminent domain, acquisition by thrcat of eminent
domain, acquisition by gift or inheribnce, establish-
ment of a trust or any transfer exempted trom disclo-
sure requirements by California Civil Code scction
1 ] 02,1, Any sale or exchange concluded prior to the
effective date of this article is not subject to the
requirements oftbis chapter.
"Transfer of ownership" means the date on which
legal title to thc dwelling unit changes hands. This
date will usually be the date on which the new
owner's title is recorded with the office of the Marin
County recorder. (Ord. No, 410 N,S., ~ 2 (part))
13A-I Intent of chapter.
(a) The Town ofTiburon desires to maintain and
upgrade the safety of housing within the town to
ensure the health and safety of its residents, The town
council has previously adopted the Unifonn Building
and Housing Codes which provide standards for safe
dwelling units, The town council finds that inspec-
tion of dwelling units upon resale and mandatory
correction of hazardous conditions is a reasonahle
and effective method of ensuring that dwelling units
within the town meet minimum safety standards
contained in the Unifonn Codes and do not endanger
the life, limb, health, property, safety or welfare of
the public, The mandatory items of correction listed
in the report required by this chapter shall be the.
responsibility of the owner, purchaser or both and
will be subject to ahatement ifnot corrected,
(b) ]n addition to the health and safety concerns
addressed by this chaptcr, thc residential building
report shall disclose the authorized use, occupancy
and' zoning of real propct1y. By doing so, unwary
buyers of' residential property will be protected
against undisclosed restrictions on the property, (Ord,
No, 4 JON,S" ~ 2 (part))
94-1
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(TihllTOll :'I-or)
_....,- -..--,...,. .,-., ~
l!;A.n.l.Dl.l. .I. \i v.
,.
13A-3
(f) An itemization of all deficiencies noted in the
dwelling unit. Those deficiencies which do endanger
the health, safety or welfare of the occupants of the
unit or the public sball be listed as mandatory and
shall be corrected pursuant to section 13A-8 of this
chapter. Those deficiencies which do not endanger
the health, safety or welfare of the occupants of the
unit or the public shall be listed as advisory only
and correction shall not be required by the town;
13A-4 Application-Fee. (g) Any construction or work done without ap-
...===~"Yllien~a:dwtillililfJliti.ns:placeaon:theJii'iii"ke.(as::'.::::::pr()pjjii~j)ffiTii,1ts~yyesj'i1jj~t.toIQgectiQ!f,I~~,~=::'~~=-
being for sale. the owner shall file with the building penalties or ahatement under the Uniform Building
official a written application for a report on a form Code;
to be prescribed by the building official, accompa- (h) The following statement:
nied by the fee therefor. The filing fee for the report
shall be established by resolution of the town coun-
cil. (Ord. No. 410 N.S., S 2 (part))
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13A-3 Report required.
Prior to the sale or exchange of any dwelling
unit, the owner shall obtain from the town a report
of the residential building record showing the
reguhirly authorized use, occupancy and zoning
classification of the property and an itemization of
deficiencies in the dwelling unit. (Ord. No. 410
N.S., S 2 (part))
13A-5 Inspection.
(a) Upon application and payment of the appro-
priate fee. the building official shall inspect the
dwelling unit for compli~ce with the town's hous-
ing and building codes, the zoning ordinance and all
other ordinances of the town relating to health and
safety standards for dwelling units. The scope of the
inspection shall be limited to those items listed
below in section 13A-6.
(b) The inspection and subsequent report shall be
completed within ten working days of the date of
filing the application for the report. (Ord. No. 410
N.S., S 2 (part))
13A-6 'Issuance of report.
Upon completion of the inspection and review of
all relevant information, the building official shall
issue a report which shall include the following:
(a) The date of issue of the report;
(b) The address of the dwelling unit;
(c) The date the inspection was completed;
(d) The applicable zoning for the property and a
sununary of the uses permitted in that zone;
(e) A list of variances, use permits, design re-
view, building permits, previous reports prepared
pursuant to this chapter or other approvals or per-
mits granted for the property;
NOTICE TO PROSPECTIVE PURCHASER:
You are hereby advised that the dwelling unit
described in this report has been inspected by the
Town of Tiburon and may have been found to
have certain health and safety deficiencies which
are itemized herein. The itemized deficiencies
listed as mandatory are. those which present a
serious health or safety concern and must be
corrected or remedied. In the event mandated
deficiencies as noted are not corrected by the
seller, you. as the purchaser, will be required to
correct within thirty (30) days of the date of
transfer of ownership, or such other period of
time as may be agreed to by the Building Offi-
cial. As part of the fee paid for this report. the
Town will perform one reinspection at no charge,
Those deficiencies listed as advisory do not pres-
ent serious health or safety concerns and correc-
tion is recommended but not mandatory, The scope of the investigation was limited and defi-
ciencies not noted by the Town may exist.
(Ord, No, 410 N.S.. S 2 (part))
13A-7 Disclosure of report.
Prior to the sale or exchange of a dwelling unit,
the owner shall provide the prospective purchaser
with a copy. of the report. The purchaser shall ac-
knowledge receipt of the report on the original or a
true copy thereof. A copy of the report shall be
signed by the purchaser and filed with the building
95
13A-12 Penalties and enforcement.
(a) In addition to all other remedies available
under this Code or state law, any deficiency that
Correction of deficiencies by own- remains uncorrected shall be subject to abatement
er or purchaser. as a public nuisance. All costs relating to the en-
(a) All deficiencies identified as mandatory in the forcement of this chapter shall be borne by and
, report shall be corrected, Work requiring a building recoverable from the person in violation thereof.
pennit shall be noted in the report. As part of the (b) No sale or exchange of a dwelling unit shall
fee for the report, the building official shall perform be invalidated solely because of the failure of any
one reinspection of corrections at no additional person to comply with any provision of this chapter
.:.:==:::.charge;=='- ~'.::---'_._'-::==--==--==:='=-unIess:such:failure:is:an:act:or_omisSi()Ii:thaCw()iiIa.::.:,:"~:~::=:':::':"_
(b) Mandatory corrective work identified in the be a valid ground for rescission of such sale or
report not completed priorto sale or exchange of the exchange in the absence of this chapter. (Ord, No,
property shall be the responsibility of the purchaser, 410 N.S., S 2 (part); Ord. No. 445 N.S., S 1)
Such mandatory corrections shall be completed
within thirty days of the transfer of ownership of the
dwelling unit or such longer period of time as may
be agreed to by the building official, The building
official may grant extensions to the original time
granted in appropriate circumstances. (Ord. No, 410
N .S.. s 2 (part))
I3A-7
official no later than five working days after transfer
of ownership, (Ord. No. 410 N.S., s 2 (part))
13A -8
13A -9 VaIidity of report.
The report shall remain valid for a period of
twelve months from the date of issuance provided
no modifications requiring a pennit have been made
to the dwelling unit since issuanc~ of the report.
(Ord. No, 410 N,S., s 2 (part))
13A-IO Exemption from chapter.
The provisions of this chapter shall not apply to
the first sale of anew ly constructed dwelling unit.
(Ord. No. 410 N,S.. !l 2 (part))
13A-ll Appeals.
All decisions made by the building official pursu-
ant to this chapter may be appealed to the town
council. All appeals must be filed with the town
clerk within ten days after the transfer of ownership
or within ten working days after any decision made
by the building official pursuant to section 13A,
8(b), Any person filing an appeal shall pay the fee
for appeals set by resolution of the town council.
(Ord. No, 410 N,S., S 2 (part))
,
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13A-13 NonIiability of town.
Neither. the enactment of this chapter nor the
preparation and delivery of any report required
hereunder shall impose any liability upon the town
for any errors or omissions contained in such report,
nor shall the town bear any liability not otherwise
imposed by law, (Ord. No, 410 N.S., !l 2 (part))
.
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W AIS Document Retrieval
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CALIFORNIA CODES
GOVERNMENT CODE
SECTION 38780-38785
38780, A city by ordinance may provide that prior to the sale or
exchange of any residential building, the owner or his authorized
agent shall obtain from the city a report of the residential building
record showing the regularly authorized use, occupancy, and zoning
classifications of such property.
38781. The report of residential building record shall be delivered
by the owner, or the authorized agent of the owner, to the buyer or
transferee of the residential building prior to the consummation of
the sale or exchange.
38782. The ordinance may require payment of a reasonable fee by the
owner, or his authorized agent, for the issuance of such reports.
38783. The ordinance shall provide that it shall be unlawful for
the owner of a residential 'building to sell or exchange same without
first having obtained and delivered to the buyer a report of
residential building record.
38784, This article shall not apply to the first sale of a
residential building located in a subdivision whose final map has
been approved and recorded in accordance with the Subdivision Map Act
not more than two years prior to the first sale.
38785. No sale or exchange of residential property shall be.
invalidated solely because of the failure of any person to comply
with any provision of an ordin~nce adopted pursuant to this article
unless such failure is an act or omission which would be a valid
ground for rescission of such 'sale or exchange in the absence of this
article. '
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Town of Tiburon
STAFF REPORT
AGENDA ITEM -3--
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
MAYOR & MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, DIRECTOR OF COMMUNITY ,lx-..---"
DEVELOPMENT if----'
FROM:
SUBJECT: INTRODUCTION OF AMENDMENTS TO PUBLIC FACILITIES
DEVELOPMENT FEES ORDINANCE (CHAPTER 14B OF
MUNICIPAL CODE) fu\
MEETING DATE: APRIL 7,2004 REVIEWED 8Y: ~
BACKGROUND
Similar to most municipalities in the state, the Town of Tiburon assesses various public
facilities fees on development. These fees can include traffic mitigation fees, street
impact fees, and stormwater runoff fees.
In response to state legislation enacted in 1989, the Town adopted an "enabling
ordinance" to serve as the umbrella authority for future imposition of all public facilities
development fees. Specific fees are then imposed by resolution tailored to that
particular type of fee (e.g, traffic mitigation, stormwater runoff).
The Town's enabling ordinance was last amended in 1996, when it was codified as
Chapter 148 of the Tiburon Municipal Code. Periodic updating of the enabling
ordinance is required to reflect the growing variety of development fees proposed for
collection by the Town, and to reflect any changes or evolving interpretations of state
laws regulating public facilities development fees. At this time, clean-up amendments to
several sections of Chapter 148 are proposed.
Staff has provided a redlined version of the sections proposed for amendment as
Exhibit 1. The full text of current Chapter 148 is attached for reference as Exhibit 2.
SUMMARY OF PROPOSED AMENDMENTS
The Town's current enabling ordinance was adopted primarily in order to collect traffic
mitigation fees, and is written with that fee in mind. As the Town moves to diversify the
types of development fees that are collected, the ordinance should reflect that diversity
by being more general and comprehensive in its approach, Additionally, direct
references to the Government Code sections governing public facilities development
fees have been included, definitions have been added and refined, the
Tiburon Town Council
Staff Report
41712004
STAFF REPORT
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Town of Tiburon
appeals/adjustment process has been augmented, a reporting provision has been
added, and the enforcement provision has been broadened to include mechanisms other
than filing of liens,
The Town Attorney has reviewed the draft ordinance,
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on the draft ordinance.
2. Pass a motion to read the ordinance by title only.
3. Introduce first reading of the ordinance.
The item would then return to the Town Council for second reading and adoption on
April 21, 2004,
EXHIBITS
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1. Redlined version of proposed amended ordinance.
2, Current Chapter 148 of the Tiburon Municipal Code.
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Tiburon Town Council
Staff Report
April 7, 2004
2
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REDLIN ED VERSION
ORDINANCE NO.
N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING CHAPTER 14B OF THE MUNICIPAL CODE REGARDING
PUBLIC FACILITIES DEVELOPMENT FEES
Section 1.
Findinl!s.
WHEREAS, the Town Council has determined that the Town's existing enabling
ordinance with rcspect to Public Facilities Development Fees is in nced of revision and
updating; and '
WHEREAS, the Town Council has held public hearings on April 7, 2004 and
April 21, 2004, and has considered any and all public testimony received on this matter;
and
WHEREAS, all notices and procedures required by law attendant to the adoption
of this Ordinance have been followed; and
WHEREAS, the Town Council has found that the proposed Town Code revision
is consistcnt with the goals and policies of the Tiburon General Plan and other ordinances
and regulations; and
WHEREAS, the Town Council has found that the project is exempt from the
requirements ofCEQA per Section 15061(b)(3) of the CEQA Guidelincs,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Tiburon as follows:
Section 2.
Amendment.
A. Sections 14B-2, 14BC3, 14B-4, 14B-5, 14B-8, and 14B-9 are amcnded to read as
follows,
Sec. 148-2. Purpose.
In order to implement the goals and objectives of the Tiburon General Plan and
the Town's capital imnrovement nrograms, and to mitigatc thc impacts causcd by new
devclQnment, develQpment nroiects. or construction nroiects fw.mc acvclej'lfficr/. in
Tiburon, certain public facilitics must bc constructed..!!llliraded, and/or rchabilitated. Thc
Town Council has determined that development fees are needed in order to finance these
public facilities and to ensure that pay for each new devc1opment!s, develonment nroi.ecJ,
or construction nroiect contributes ils fair share ofthe costs of these improvements, In.
establishing the fees described in the following sections, the Town Council has found the
fees to be consistent with its General Plan.
Town of Tiburon
Ordinance No. --- N,S,
--1--12004
KJ:f~lBl{l' l~c.L.
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REDLINED VERSION
Sec. 148-3. Definitions.
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"Building permits" means a permit required by and issued pursuant [0 chapter] 3
of this Code, '
~nstruetion Droiect" nlG<!lliUj,lly~ect requiting anv oelJ11it Qr entitlement
defined herein from the Town of Tiburon nursuant to the this Code,
"Develonmen1JJroiect" means any nroiect undertaken for thJU)u[Jlose of
develonment. and includes a nroiect involving the issuance of a nelJ11it for construction or
reconstruction. but not a permit to onerate. Develonmen1J1roiec.tincludes a "residential
d_eveJoJ1menj" as defined below,
"Encroachment Permit" means a uermi.l re_quiLe_d by and issued nursuant tQ
dlapter 19 of this Code,
"New development" means any new construction or use that requires the issuance
of a building permit, encroachment nermit. zoning !lnJitlement, or subdivision
entitlement. lIIHI .....hiell generate" additional traffie impact" from those goneratea by tile
previollS Ia-wflll lIGe of tile hma.
"Public facilities" means and includes public improvements, public services and
community amenities, including but not limited to construction of, or improvement to,
public street rights-of-way, traffic signals, overcrossings, underpasses, curbs, gutters,
sidewalks, street pavement, drainage improvements, and parking ~(um:kinJl:
structures~; and is intended to encomuass all those items set forth in Section
66002(c) ofthc California Government Code or anv successor section thereto,
.
"Reimbursement agreement" means an agreement between the Town and a
developer to refund an identified amount of money,
"ResideQtilll develoJ1mellJ" means a housing nroject. condominium conversion...m:
land subdivision, at one location, including all units for which nennits have been aup!iSlq
for or a~vroved,
"Subdivision entitlement" mcans a pcrmit issucd pursuant to chapter 14 of this
Code,
"Zone of benefit" is the Tiburon Planning Area as defined in the IiliJJIQll General
Plan, or an identified subarea thereof, within which fees are collected for construction of
public facilities within that area.
"Zoning cntitlement" means a pcrmit issucd pursuant to chapter I G of this c..odc
the Tiburon zoaing ordinance.
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'"Town ofTihuron
Ordinance No. --- N.S.
--/--/2004
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REDLINED VERSION
Sec. 148-4. Public facilities fees established.
(a) Development fees are hereby,established !!Ron issuance of i! zoning
entitlement or subdivision entitlements or !mon issuance of i! building permits QJ;
llncroachment nermit for anv new development. develooment oroiect~or construction
orokct in the Town ofTiburon to pay for needed public improvements and facilities.
(b) The Town Council, or its designee, shall by resolution set forth at the time of,
or prior to, the imposition of public facilities fees;,lj, the llliIP_illLe 3!1<lamount of the fee;,
2) the tYl1..~nroieet to which the fee will aoolv: 3) describe the mncoLbenefit lIflli
impact area on which the fee is imposed; J.i.st il the public facilities to be financed,
.incl1Ldjng describe the estimated cost ofthese facilities; ~ describe the reasonable
relationship between this fee and the various types of new development, develooment
oroieet. or eonstruetion..ntoi<:et: and 6) orovide anv othes information reauired bv
California Government Code~ction 66001 or anv successor section thereto,
Sec. 148-5. Use of fee revenues.
The revenues raised by payment of the public facilities fee shall be placed in
separate and special accounts as provided by Town Council resolution and such revenues,
along with any interest earnings on that account, shall be used for the following purposes:
(a) To pay for the planning, design. Dfoiect administration, and/or
construction ofllJ!< desiplated public improvements for which the fee has been created tQ
fund aHd facilities impnl'lemeHts as idc::mtified iH the geHeral plaa;
(b) To reimburse the Town for such facilities constructed by thc Town
with funds from other sources;
(c) To reimburse developers who have constructed designated public
facilities which are oversized with supplemental size, length, or capacity;
(d) To pay for and/or reimburse costs of development and ongoing
administration of the public facilities fee program.
Sec. 148-8. Fee adjustments: anneals.
A
IILiD_stances where a oublic f.a.G.iJi..ti_esJll~e is to be imnosed as a cQfldition of
aooroyal on a zoning entitlement or subdivision en..titlement. the nroiect
sP..Q!lliQI ,^. de'lSlofler of aH)' project :sllBjeet to the f-eo c::Iescribed in soction
14B 4 of this chapter may apply to the Town Council for a reduction or
adjustment to that fcc, or a waiver of that fee, based upon thc absence of
any reasonable relationship or nexus between the impacts of that
dcvclopment and either the amount ofthc fcc charged or the type of
facilities to be financed. The application shall be made in writing and
filed with the Town Clerk not later than twentv-fouu24) hours orior to the
commcncement often (10) days prier to the public hearing on the zoning
~m..e..!)i..or subdivision entitlcment permit application for the project at
which the condition of aooroval imnosing thc fee is first considered. ;-ffi
(2) ifno such permit is required, at the time of the filing of the request for
Town of Tiburon
Ordinance No. --- N.S.
3
--1--/2004
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REDLINED VERSION
a lmildiAg permit. The application shall state in detail the factual basis for
the claim of waiver, reduction, or adjustment. The Town Council shall
consider the application at the public hearing on the permit application or
at a separate hearing held within sixty days after the filing of the fee
adjustment application, whichever is later. The decision of the Town
Council shall be final. If a reduction, adjustment, or waiver is granted,
any ~!lJ2s_e_Q!lY1JLehange in Hse '.\'itl1iR the project which would undermine
~~fuIJ,Q~prior reduction, adjustment, or waivet shall invalidate the
orior reduction. adiustment. or waiver, adjHstR-1eRt or redH6tioR of the fee.
.
B, In instances where a oublie facilities fee is imJ)osed throuj(h an
administrative determination Ie,!!;.. as Dart ofa building oermit or
encroachment pewit approval). the fee mav be apjJealed in writing to the
IowLCLe-.rk_~i1hin ten.iJ Q) daYS of notification of said administrative
determination, Aooeals must be aeeomQanied bv th_e re!1uired fiJing fee
and be on the oreseribed Town aooeal forms available from the Town
C.lerk, AJmeals shall be heard by the Town Council in accordance with
illlJ!ealllroeedures a<lmJted bv the Town.
Sec. 148-9. Enforcement.
The fees imposed under this chapter shall be enforced, if payment is not made, as
a lien against the property. or mayjle enforced Dunmant tp <.\nV other valid enforcement
procedure set fOJ:!hjn ChilllJer 31 of this_Cm1e,
.
B. Section 148-10 is hereby added to read as follows:
Sec. 148-10. Renortiru!..
Annual <.\nd_ReriQdie ceJ1oI:!inJUlndJnaking otJyquiced finllings shall h.cJ!erfonned
as .s.et fOl:1h in California Government Code Section 66000 et sea.. or anv successor
sections thereto,
Section 3. Severabilitv.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance. The Town Council hereby declares that it
would have passed this and each section, subsection, phrase or clause thereof irrespective
of the fact that anyone or more sections, subsections, phrase or clauses be declared
unconstitutional on their face or as applied,
Section 4. Effective Date.
This ordinance shall take effect and be in force thirty (30) days after the date of
.
Town ofTihuron
Ordinance No. m N.S,
--/--12004
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REDLINED VERSION
passage, and before the expiration of fifteen (15) days after its passage the same, or its
legally required equivalent, shall be published with the names ofthe members voting for
and against the same, at least once in a newspaper of general circulation published in the
Town ofTiburon, .
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon held on April 7, 2004, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon held on ,2004, by the following
vote:
AYES:
NOES:
ABSENT:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TOV.'llOfTiburon
Ordinance No. --- N,S.
<-/--/2004
5
14J;-1
Chapter 148
PUBLIC FACILITIES DEVELOPMENT
FEES
Sections:
14B-l
14B-2
14B-3
,
14B-4
14B-5
14B-6
Title.
Purpose.
Definitions.
Public facilities fees established.
Use of fee revenues.
Developer construction of
facilities.
Establishing zones of benefit.
Fee adjustments.
Enforcement.
14B-7
14B-8
14B-9
14B-l Title.
This chapter may be cited as the "Town of
Tiburon public facilities fee ordinance." (Ord. No,
424 N.S" S 3 (part))
14B-2 Purpose.
In order to implement the goals and objectives of
the Tiburon general plan, and to mitigate the im-
pacts caused by future development in Tiburon.
certain public facilities must be constructed. The
town council has determined that development fees
are needed in order to finance these public facilities
and to pay for each development's fair share of the
costs of these improvements. In establishing the fees
described in the following sections, the town council
.has found the fees to be consistent with its general
plan. (Ord, No, 424 N,S.. S 3 (part))
14B-3 Definitions.
As used in this chapter, the following terms are
defined in this section:
"Building permits" means a permit required by
and issued pursuant to chapter 13 of this Code,
"New development" means any new construction
or use that requires the issuance of a building per-
mit, zoning or subdivision entitlement and which
generates additional traffic impacts from those gen-
erated by the previous lawful use of the land.
"Public facilities" means and includes public
improvements, public services and community ame-
nities, including but not limited to construction of,
or improvement to, public street rights-of-way,
traffic signals, overcrossings, underpasses. curbs.
gutters; sidewalks, street pavement. drainage im-
provements and parking structures or lots.
"Reimbursement agreement" means an agreement
between the town and a developer to refund an
identified amount of money,
"Subdivision entitlement" means a permit issued
pursuant to chapter 14 of this Code,
"Zone of benefit" is the Tiburon planning area as
defined in the general plan, or an identified subarea
thereof, within which fees are collected for construc-
tion of public facilities within that area.
"Zoning entitlement" means a permit issued pur-
suant to the Tiburon zoning ordinance. (Ord, No,
424 N,S" S 3 (part))
14B-4 Public facilities fees establisbed.
(a) Development fees are established on issuance
of zoning or subdivision entitlements or on issuance
of building permits for ~ew development in the
town to pay for needed public improvements and
facilities,
(b) The town council, or its designee, shall by
resolution set forth at the time of. or prior to. the
imposition of public .facilities fees, the amount of
the fee, describe the benefit and impact area on
which the fee is imposed, list the public facilities to
be financed. describe the estimated cost of these
facilities, and describe the reasonable relationship
between this fee and the various types of new devel-
opments, (Ord, No, 424 N.S.. S 3 (part))
14B-5 Use of fee revenues.
The revenues raised by payment of the public
facilities fee shall be placed in separate and special
accounts as provided by council resolution and such
revenues, along with any interest earnings on that
account. shall be used for the following purposes:
(a) To pay for planning, design and construction
of designated public improvements and facilities
improvements as identified in the general plan;
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(b) To reimburse the town for such facilities
constructed by the town with funds from other
sources;
(c) To reimburse developers who have construct-
ed designated public facilities which are oversized
with supplemental size, length or capacity;
(d) To pay for and/or reimburse costs of develop-
ment and ongoing administration of the public facil-
ities fee program. (Ord, No. 424 N.S" ~ 3 (part))
.
14B-6 Developer construction of
facilities.
Developers may be required to construct public
facilities designated to be fmanced with public facil-
ities fees in lieu of paying a development fee. If a
developer is required, as a condition of approval on
a perm.it for new development. to construct a public
facility that has been designated to be financed with
public facilities fees and if the facility has supple-
mental size, length or capacity over that needed for
the impacts of that development. a reimbursement
agreement with the development project shall be
offered. The reimbursement amount shall not in-
clude the portion of the improvement needed to
mitigate the burdens created by the development.
(Ord, No. 424 N.S., ~ 3 (part))
14B-7 Establishing zones of benefit.
This section authorizes the town council to estab-
lish zones of benefit by resolution, Fees collected
from such zones will be expended in those zones for
area-specific public facilities improvement projects.
(Ord. No. 424 N,S., ~ 3 (part))
.
14B-8 Fee adjustments.
A developer of any project subject to the fee
described in section l4B-4 of this chapter may apply
to the town council for a reduction or adjustment to
that fee, or a waiver of that fee, based upon the
absence of any reasonabie relationship or nexus
between the impacts of that development and either
the amount of the fee charged or the type of facili-
ties to be financed. The application shall be made
in writing and filed with the town clerk: (1) not later
than ten days prior to the public hearing on the
14[:..:;
zoning or subdivision perm.it application for tt: ';';
project, or (2) if no such perm.it is required, at 6"
time of the filing of the request for a building pc:,'.'
mit. The application shall state in detail the fact,,":
basis for the claim of waiver, reduction or adjus~-
ment, The town council shall consider the applica-
tion at the public hearing on the pennit applicaticm.
or at a separate hearing held within sixty days after
the filing of the fee adjustment application, which-
ever is later. The decision of the town council sh,'U.
be final. If a reduction, adjustment or waiver is
granted, any change in use within the project shaH
invalidate the waiver, adjustment or reduction oftb,.
fee. (Ord. No. 424 N.S., ~ 3 (part))
14B.9 Enforcement.
The fees imposed under this chapter shaH be
enforced, if payment is not made, as a lien against
the property. (Ord. No, 424 N.S., ~ 3 (part))
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Town of Tiburon
STAFF REPORT
AGENDA ITEM R
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
MAYOR & MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, DIRECTOR OF COMMUNITY"'- ^ ~/
DEVELOPMENT ~
FROM:
SUBJECT:
ADOPTION OF REVISED SCHEDULE OF FINES
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MEETING DATE: APRIL 7, 2004
REVIEWED BY:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BACKGROUND
The Town's Schedule of Fines is adopted pursuant to Chapter 31 (Enforcement of Code)
of the Municipal Code, and sets forth the amount of the "fine" applied when the Town
issues an Administrative Citation for a violation of the Municipal Code.
The Town periodically needs to adjust its adopted Schedule of Fines in order to reflect
changes in code sections in the municipal code, changes in the Superior Court Bail
Schedule, or for other valid reasons.
The current Schedule of Fines was last updated in 2001, and is in need of revision for
the reasons stated above. The draft resolution updating the Schedule of Fines is
attached as Exhibit 1. The current schedule of fines (Resolution No.1 0-2001) is
attached as Exhibit 2.
ANALYSIS
The primary changes to the Schedule can be summarized as follows:
. Increasing the standardized fine for infractions from $103 to $122, and for
misdemeanors from $504 to $602 to be consistent with the most recent Bail
Schedule adopted by the Marin County Superior Court
. Adding a fine line item for "failure to obtain a Residential Building Report (RBR)
prior to sale of a dwelling unit"
. Revising all of the Animal Control section numbers to reflect recent changes to
the Municipal Code
. Adding a clause which states that if there is a direct conflict between the Bail
Schedule and the Schedule of Fines, the Schedule of Fines shall control
Tiburon Town Council
Staff Report
4/7/2004
Town of Tiburon
STAFF REPORT
RECOMMENDATION
Staff recommends that the Town Council adopt the Resolution approving the updated
Schedule of Fines.
EXHIBITS
1. Draft Resolution.
2. Current Schedule of Fines (Resolution 10-2001).
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Tiburon Town Council
Staff Report
April 7, 2004
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RESOLUTION NO. _-2004
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON SUPERSEDING RESOLUTION NO.
10-2001 SETTING FORTH THE VIOLATIONS OF THE
MUNICIPAL CODE THAT MAYBE ENFORCED BY
ADMINISTRATIVE CITATION PURSUANT TO CHAPTER
31 OF THE MUNICIPAL CODE AND ADOPTING AN
UPDATED SCHEDULE OF FINES FOR VIOLATIONS
WHEREAS, on March 7, 2001, the Town Council adopted Rcsolution No, 10-2001, which
set forth the violations of the Municipal Code that may be punished by administrative citation and
established a schedule of fines for said violations; and
WHEREAS, Resolution No. 10-2001 incorporated thc bail amounts set forth in the Uni[onn
Pcnalty and Bail Schcdules published by the Marin County Courts [or violations of thc Tiburon
Municipal Code ("Bail Schedule"), which amounts the Council now finds certain of which are out of
date or otherwise in need of modification; and
WHEREAS, the Town Council finds that certain amendments to the Municipal Code adopted
since adoption of Resolution 10-2001 requires amendment to the said resolution; and
WHEREAS, the Town Council finds that adjustments to the fine schedule for certain
violations are warranted; and
WHEREAS, the Town Council finds that the amendment of the fine schedule is not a project
under the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED by the Town Council ofthe Town ofTiburon as
follows:
1, Resolution No. 10-2001 is hereby superseded by this Resolution.
2, Any violation of the Town ofTiburon Municipal Code may be enforced by administrative
citation pursuant to Chapter 31 of the Municipal Code in the discretion of the Town
Manager.
3,
Exhibit A, attached hereto and adopted. herein, sets forth a list of fines for particular
violations of the Municipal Code, In some instances, the Municipal Code and/or the
applicable Bail Schedule may also establish a fee, fine or other penalty. In such instances,
the fine imposed by administrative citation shall be the greater of the fee, fine or other
penalty established by Exhibit A, the Municipal Code or that set forth in the applicable Bail
Schedule. The applicable Bail Schedule shall be that in effect at the time of the violation,
'J'rnl'fI COIIIU:i! Neso{ulioll No, ---2()()4
Schedule 4 Fines - Adopted __j../](}(}4
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2...:.:::....:;..~~:k;~1 J ~:,,,i.J~
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The fine amounts imposed herein shall become effective immediately,
PASSED AND ADOPTED at a regular meeting ofthe Town Council of the Town ofTibuton
on , 2004 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNClLMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
DlANE CRANE IACOPI, TOWN CLERK
.\icheJulc of FiJl('s. Adopted -./~.12{)()4
2
1'011'/1 Cmll1r.if Resolution No, ---2()()4
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EXHIBIT A
ADMINISTRATIVE FINES
1.
Work without a Permit [Building, Plumbing, Electrical, etc,] (Municipal Code ~ 13-2):
Project valuation less than $5,000: $250.
Project valuation from $5,000 to $10,000: $500,
Projcct valuation from $10,000 to $50,000: $1,000 plus two (2) times the permit fec.
Project valuation in exccss of $50,000: $1,000 plus four (4) times the permit fee.
2. Violation of Building Permit Conditions (Municipal Code ~~ 13-10,23_31,23-34,26-3,
31-3):
First violation: $500
Second violation: $1000
Third violation: $2000
Fourth violation: $3000 penalty and suspension of permit.
In addition to assessing monetary fines, the Building Official may, in his sole discretion,
issue a Stop Work Order upon ascertainment of the violation. All penalties must bc paid,
and violations corrected, beforc the Stop Work Order is lifted. Upon a fourth offense, the
Building Official will make a formal complaint to the State Contractors License Board.
3,
Failure to obtain a Report of Residential Building Record prior to sale or exchangc of a
dwelling unit (Municipal Code ~ 13A-3): $1,000
4. Failure to make "mandatory" corrections required by a Report of Rcsidcntial Building
Record (Municipal Code ~ 13A-8): $100 pcr cach day the failure persists
5, Violation of any conditions includcd in a resolution designating property as an historic
landmark (Municipal Code ~~ 13B:6, 13B-7): $500
6, Violation of Zoning Permit Conditions (Municipal Code ~16-5.13,l): $122 for each day
that the violation persists.
7. Alteration, Planting, or Removal of Tree without Permit (Municipal Code * 15A-3):
$1000 per tree.
8.
Animal Control:
a, Failure to license dog (Municipal Code * 20-2,030): $58,
b, Failure to display dog license (Municipal Codc * 20-2.090): $58,
c. Dogs running atlargc in certain public places (Municipal Code ~ 20-2.160): $58,
d, Dog owncr/guardian responsible to rcmove feces (Municipal Codc * 20-2.165): $58,
e, Dogs running on certain private lands (Municipal Code * 20-2.170): $58,
f. Failure to maintain dog on leash in certain places (Municipal Code * 20-2,175): $58,
Town Council Reso!ulioll No, _~_2004
.\'chedule ()IFi~:~s - Adopwd --/--/2004
3
g, Failure to control dog (Municipal Code * 20-2.177): $58.
h, Animal noisc unreasonably disturbing thc pcacc (Municipal Code * 20-2,179): $122,
1. Dangcrous or vicious dog (Municipal Code * 20-2,181): $602,
.J. Exceeding limitation on number of dogs (Municipal Code * 20-2,185): $122,
k, Failure to secure animal in rear of vehicle (Municipal Code * 20-2,252(a): $122.
1. Lcaving animal unattended in enclosed vchiclc (Municipal Codc * 20-2,252(b): $122,
9, Violation of the Town ofTiburon Urban Runoff Pollution Protcction Ordinance
(Municipal Codc ** 20A-7, 20A-8, 20A-9, 20A-l0, 20A-l I):
First violation: $250 per day
Second violation: $500 per day
Third and subsequent violations: $1000 per day
10, All othcr violations ofthc Municipal Code: In thc abscnce of a different fine specifically
imposed in this Exhibit A, or another, higher fine imposed in the applicable Bail
Schedulc, thc fine shall be $122 for violations otherwise punishablc as infractions and
$602 for violations otherwisc punishable as misdcmcanors,
11, If casc of direct conflict bctw.ccn this Exhibit A and thc applicablc Bail Schedule, this
Exhibit A shall control.
'J'OIWI COIIl/cil Resolution No. n_2()()4
Schedule oj'Fil/c'\" - Adopted ~-/--/2004
4
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RESOLUTION NO. 10-2001
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON SETTING FORTH THE
VIOLATIONS OF THE MUNICIPAL CODE THAT MAY BE
ENFORCED BY ADMINISTRATIVE CITATION
PURSUANT TO CHAPTER 31 OF THE MUNICIPAL CODE
AND ESTABLISHING A SCHEDULE OF FINES FOR SUCH
VIOLATIONS
WHEREAS, on August 5, 1998, after a duly noticed public hcaring, the Town Council held
second reading of, and did adopt, Ordinance No, 439 N.S" which ordinancc bccame effectivc on
September 4, 1998; and
WHEREAS, Ordinance No. 439 N.S, added Chapter 31 to thc Tiburon Municipal Codc,
establishing a ncw Code Enforcement procedurc for the Town; and;
WHEREAS, Chapter 31 provides that certain violations ofthe Town's Municipal Code may
be enforced by the issuancc of administrative citations, as provided by resolution ofthe Council, and
further provides that the amount of fines for such code violations shall bc cstablished by rcsolution
of the Town Council; and .
WHEREAS, the on September 16, 1998, the Council adopted Resolution No. 3300, which sct
forth the violations of the Municipal Codc that may be punished by administrative citation and
established a schedule of fines for said violations, ' .
WHEREAS, Resolution No, 3300 incorporated the bail amounts set forth in the Uniform
Penalty and Bail Schedules published by the Marin County Courts for violations of the Tihuron
Municipal Code ("Bail Schedule"), which amounts the Council now finds arc out of datc;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon as follows:
I. Resolution No. 3300 is hereby repealed and replaced by this Resolution,
2. Any violation of the Town of Tiburon Municipal Code may be cnforccd by administrative
citation pursuant to Chapter 31 of the Municipal Code in the discretion of the Town
Manager.
3.
Exhibit A scts forth a list of fines for particular violations of the Municipal Code, In some
instances, the Municipal Code and/or the applicable Bail Schedule may also establish a fee,
fine or other penalty. Tn such instances, the fine imposcd by administrative citation shall be
the greater of the fee, fine or other pcnalty established by Exhibit A, the Municipal Codc or
that set forth in thc applicable Bail Schedule, The applicable Bail Schedule shall he that in
cffcct at the time of the violation,
Town Council Ursa/utiml No. 10-2001
Code F,nforcement Fines - Adopted 317/0]
1
"lW".....,..,..Hnrr'1,Tf\ "
,lli,lr.li.:1.Pcl.:!". ~.~d.~
PASSED AND ADOPTED at a regular meeting of the Town Council ofthe Town ofTiburon .
on March 7, 2001 by the following vote:
AYES:
COUNCIL MEMBERS:
Bach, Gram, Matthews, Slavitz, Thompson
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
ANDREW THOMPSON, MAYOR
Town ofTiburon
ATTEST:
DIANE CRANE lACOPI, TOWN CLERK
.
.
rOll'!! COlll/cil Rc.w/lIlir)ll No JO-]()()j
Code Enflwcemrml Fine.I'. Adopted 3/7/0f
2
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EXHIBIT A
ADMINISTRATIVE FINES
1.
Work without a Pcrmit (Municipal Code 9 13-2):
Project valuation less than $5,000: $250.
,Projcct valuation from $5,000 to $10,000: $500,
Projcct valuation from $10,000 to $50,000: $1,000 plus 2 times the pcrmit fee,
Projcct valuation in exccss of $50,000: $1,000 plus 4 times the pcrmit fcc.
2. Violation of Building Permit Conditions (Municipal Code 9~ 23-31,23-34,26-3, 31-3):
First violation: $500
Sccond violation: $1000
Third violation: $2000
Fourth violation: $3000 penalty and suspension of permit.
In addition to assessing monetary fines, the Building Official may, in his sole discrction,
issue a Stop Work Order upon ascertainment of the violation. All penalties must be paid,
and violations corrected, beforc the Stop Work Ordcr is lifted. Upon a fourth offensc, the
Building Official ~il1 make a formal complaint to the State Contractors License Board,
3,
Violation of any conditions included in a resolution dcsignating property as an historic
landmark (Municipal Code ~9 13B-6, 13B-7): $'103'
4. Violation ofOthcr Development Permit Conditions (Municipal Codc 916,5,12,00): $103
for cach day that the violation persists.
5. Alteration, Planting or Removal of Trcc without Permit (Municipal Code 9 15A-3):
$1000 per tree.
6. Failure to maintain dogs on Icash in specified arcas (Municipal Code 9 20-3): $45.
7. Failurc to Remove dog feces (Municipal Code ~ 20-4): $45,
8, Keeping or maintaining a horse without a pemlit (Municipal Code 9 20-10): $103,
9, Failurc to make improvements required by a Residential Building Report (Municipal
Codc ~ 13A-8): $103
TOWII Council Resolution No. IO-2()()}
-Code Enfurcement Fines" Adopted 3/7/0f
3
10,
Violation of the Town of Tiburon Urban Runoff Pollution Protection Ordinance
(Municipal Codc ~~ 20A-7, 20A-S, 20A-9, 20A-l 0, 20A-II):
First violation: $250 per day
Second violation: $500 per day
Third and subsequent violations: $1000 per day
11. All other violations of the Municipal Code: In the absence of another, higher fine
imposed under this resolution or the applicable Bail Schedule, the fine shall be $103 for
violations otherwise punishable as infractions and $504 for violations otherwise
punishable as misdemeanors.
'/'OWII Council Resolution No. fO-2(}()}
C/Jdc Enforccmellt Vines - Adop/ed 3/7/01
4
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