HomeMy WebLinkAboutTC Agd Pkt 1995-09-20
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COUNCIL -
PLEASE NOTE EARL V START TIME
ON SEPTEMBER 20, 1995 (6:45 p.m.)
INTER VIEWS
6:45 - Jim Mallot (Design Review Board)
[letter attached]
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-/ MALOTI I ARCHITECTS 1[5]1
September 13, 1995
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SEP 1 4 1995
TOWN MMJAGER'S OFFICE
TOWN OF TIBURON
Mr. Bob Klinert, Town Manager
Town ofTiburon
1155 Tiburon Blvd.
Tiburon, Ca. 94920
Dear Mr. Klinert:
As we discussed by phone today, I herewith request of the Town Council that I be considered for
appointment to the available position on the Tiburon Design Review Board. My interest in this
Board goes back to 1976, when I first moved to Tiburon. As a practicing Architect, planning,
landscape and lighting designer, I believe I can contribute certain practical and aesthetic
judgement to the Board.
I feel that my previous membership on the board (1978-81) was a rewarding experience for me,
and I that I helped to bring some organization to the DRB process at that time. In the intervening
fourteen years, I have had a chance to observe the impact of a large number of new home~ being
constructed in Tiburon. I feel that I might again be able to bring to the DRB some experience and
understanding of the design and building process, and its visual impact on our community. I
would like to have the opportunity to contribute again
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MALOTT ARCHITECTS
987 TIBURON BLVD.
TIBURON. CALIF. 94920 (415) 435-9994
TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
INTERVIEWS:
SEPTEMBER 20, 1995
7:30 P.M.
7:00 P.M.
6:45 P.M.
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PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of
view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) Stale Views Succinctly; (4) limit Presentations to 3 minutes; (5) Speak
Directly into Microphone.
In compliance INilh the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please conlact Town Hall
(415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting [28 CFR 35.102-35.104 ADA Tille IIJ
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REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES
1. #47-95, September 6, 1995
C. UNFINISHED BUSINESS
2. AFFIRM APPROPRIATION OF HOUSING SET-ASIDE FUNDS _
HILARITA PRESERVATION PROJECT
D. ADJOURNMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TOWN COUNCIL
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. INTRODUCTION OF NEW TOWN EMPLOYEES
I. Officer Steve Hahn
2. Reserve Office Michael Mojabi
D. PUBLIC QUESTIONS AND COMMENTS
Please confine your cOlJ/ments d/lring fhis parlinn of the agenda /0 malleI's 1101 already on this agenda, other
than items 011 fhe COJlse11l C-:alendar. The public will be given an opportunity to speak on each agenda item at
the time it;s called Pl'esel1fOlions are lill/iled fo three (3) minuTes. A/allers requiring action will be referred to
the appropriate COli/mission, Board, COIJlIlIiflee or Staff Jor cOllsideralion Gnd/orplaced on ajuture meeting
agenda.
E. APPOINTMENTS TO BOARDS, COMMISSIONS OR COMMITTEES
F. COUNCIL, COMMISSION OR COMMITTEE REPORTS
3.
HERITAGE & ARTS COMMISSION (Victoria Arnett, Chair)
4.
BUILDrNG ADVISORY COMMITTEE (Jim Wilson, Chair)
G. CONSENT CALENDAR
The pmpose of the Consent Calendar is 10 group items [ogeJherlvhich genera/~v do 110t require discussion and
which will probah~v be approved by one 11/0Iio111f11/e55 separate action is required 011 a pal'(;cular item. Any
member of the Town Council. Town Staff, or the Public may request removal of an item for discussion.
5.
APPROVAL OF TOWN COUNCIL MINUTES - #1063, September 6,1995
6.
BELVEDERE/TTBURON LIBRARY AGENCY - Notice ofIntent to Withdraw
from the Marin County Library District (Resolution)
H. UNFINISHED BUSINESS
7.
REVISED LEAF BLOWER ORDINANCE - 1st Reading
8.
REVIEW OF PLANS FOR CONSTRUCTION OF TWO DWELLINGS AT
1860 CENTRO WEST - Dave and Diane Williams, Applicants - Assessors
Parcel No. 59-061-10 -CONTINUED WITHOUT DISCUSSION UNTIL
OCTOBER 4. 1995
I. PUBLIC HEARING
9. APPLICATION FOR PRECISE PLAN EXTENSION - 375 TAYLOR ROAD
(Ring Mountain Subdivision Parcel G) - Miranda Leonard, Owner; Bruce
Moody, Applicant - Assessors Parcel No. 38-182-42
10. FRAIGE PRECISE PLAN AMENDMENT - GUEST PARKING AND
FENCING AT 1, 5 & 9 STEVENS COURT - Monahan Pacific, Applicant -
Assessors Parcel Nos 58-11 1-25, 26 and 27
J. NEW BUSINESS
K. COMMUNICA nONS
11. LYFORD'S COYE/OLD TlBURON HOMEOWNERS ASSOCIATION -
Minutes Dated August 29, 1995
12. LETTER FROM CITY OF COYfNA REGARDfNG REDISTRIBUTION OF
SALES TAX - Dated August 3 I, 1995
13. SCHEDULE FOR CONSOLIDATED MUNICIPAL ELECTION - March 26,
1995
L. STAFF & TOWN MANAGER REPORTS
M. ADJOURNMENT
Future Agenda Items
- Mill Yalley Refuse Service Franchise Agreement (October 18, 1995)
- Report on "Green Can" Trial Program (November 8, 1995)
- Street Improvement Program (October 18, 1995)
- Historical Dedication of Old SI. Hilary and Newman Property
- Southridge Pedestrian Easement (Final Bids)
- Marin County Commission on Aging Report (October 4, 1995)
Future Activities
- September Coastal Clean-Up Day (September 23)
- Blackie's Statue Dedication (October, 1995)
- Town Employee Recognition Night (October 16 - Dynasty Restaurant)
- Marin County Council of Mayors & Council members (October 25 - Tutto Mare)
DATE OF MEETING: September 20, 1995
NO. 11-1995
DATE POSTED: September 15, 1995
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TlBURON TOWN COUNCIL
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a
Closed Session. More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9a)
Name of Case: State of California v. Zelinskv. et al.
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REDEVELOPMENT AGENCY
MINUTES
D' .", ,. r--
. I"Ar M
CALL TO ORDER
Chairman Thompson called the meeting of the Redevelopment Agency of the Town of
Tiburon to order at 7:37 p.m., Wednesday, September 6, ]995 in Council Chambers, ] ]0]
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: BOARDMEMBERS: Ginalski, Nygren, Wolf, Thompson
ABSENT BOARDMEMBERS: Thayer
EX OFFICIO: Executive Director Kleinert, Finance Director Stranzl,
Minute Clerk Crane
B. APPROVAL OF MINUTES
I. #RA-46-95 July 5, 1995
MOTION:
To approve Minutes #RA-46-95, as submitted.
Moved:
Vote:
Wolf, Seconded by Nygren
AYES: Unanimous
NOES: None
ABSENT: Thayer
C. UNFINISHED BUSINESS
2. ANNUAL MEETING. Finance Director Stranzl gave a brief report
on the Fiscal Year ending June 30, 1995.
D. ADJOURNMENT
#RA-46-95 September 6, 1995
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There being no further business before the Redevelopment Agency of the Town of
Tiburon, Chairman Thompson adjourned the meeting at 7:39 p.m., sine die.
ANDREW THOMPSON, CHAIRMAN
ATTEST:
ROBERT L. KLEINERT,
EXECUTIVE DIRECTOR
#RA-46-95
September 6, 1995
2
TIBURON REDEVELOPMENT AGENCY STAFF REPORT
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IkM M.l
To:
BOARD OF DIRECTORS
FINANCE DIRECTOR
Meeting:
SEPTEMBER 20, 1995
Subject:
REDEVELOPMENT AGENCY FISCAL YEAR 1995-96 BUDGET _
AFFIRM APPROPRIA nON OF HOUSING SET -ASIDE FUNDS FOR
HILARIT A PRESERV A nON PROJECT
:2
From:
Item No:
Backl!round:
This item is to confirm the appropriation of$158,000 of Redevelopment Agency Housing Set-Aside
resources for the Hilarita Preservation project.
Discussion:
At the regular Council meeting of September 6, 1995 Town Council conducted public hearings concerning
the "Hilarita Request for Additional Preservation Funding." Council received a Staff Report concerning the
agenda item, and representatives of the Tiburon Ecumenical Association-Hilarita Project _ Carolyn Attkisson,
Richard Mandel and Katrina Bergen - were present and provided further comments and clarification
concerning the status of the project and reasons for requesting financial assistance from the Town.
In Fiscal Year 1994 the Town Redevelopment Agency agreed to provide up to $165,000 for the Preservation
efforts. The initial phase of the project has been completed - the Project used about $65,000, repaid
approximately $58,000, the unpaid amount being $7,000. The Project now requires $15,000 for
predevelopment costs and $308,000 for unfunded building rehabilitation costs.
Council approved appropriating the amount required to fund the predevelopment costs ($15,000), and
$143,000 to fund a share of the unfunded building rehabilitation costs.
Recommendations:
1. Town Council (the Board of Directors) approve a total appropriation of$158,000 from the Agency
Housing Fund for Hilarita Preservation Project predevclopment and building rehabilitation costs.
The revised unreserved amount available in the Housing Fund is now $92,000 - 685,000 is currently reserved
for the Cecilia Project.
Exhibits:
I. Staff Report, September 6, 1995, Item 7.
TOWN OF TIBURON
STAFF REPORT
ITEM NO. 1
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
HILARIT A REQUEST FOR ADDITIONAL PRESER V A TION FUNDING
September 6, 1995
The Hilarita's preservation phase has successfully been concluded with the recent
purchase of the Hilarita by the Hilarita- Tiburon Ecumenical Association. However, one of the
requirements of the HUD-approved sale requires the buildings to be rehabilitated to ensure long-
term viability and provide tenant safety.
Although HUD requires the building rehabilitation, they do not provide sufficient funds for
the work. The Federal government has appropriated $1.7 million for the rehabilitation phase
which leaves a significant shortfall.
The Hilarita- Tiburon Ecumenical Association is therefore asking the Town to consider
granting them rehabilitation funding assistance in addition to the original preservation funding
previously granted by the Town. The Town allocated an initial pre-acquisition loan to the Hilarita
for preservation purposes in the amount of$165,000. Of this amount, the Hilarita only drew
down $65,600 of which they have repaid all but $7,000. They are planning to utilize an additional
$15,000 for future predevelopment costs and inspections. In summary, the Hilarita will have
utilized a total of$22,000 from the original Town-authorized $165,000. They are now requesting
to use the balance of the initial Town allocation ($143,000), plus $165,00 for an overall
supplemental funding request of $308,000 for the rehabilitation work.
The Town has been very supportive of the Hilarita, both politically and financially, and
certainly wants to continue to be of assistance. However, the requested amount from the Town's
restricted affordable housing funds represents a significant allocation. It could impact the Senior
Housing Advisory Committee's efforts and the long-range financing plans for the new Police
facilities and Senior Housing project.
I have advised Carolyn Attkisson, President of the Hilarita- Tiburon Ecumenical
Association, of these preliminary concerns and that the Association's request will be scheduled for
consideration by the Town Council at its regular September 6 meeting.
Time is of the essence regarding this request, as HUD requires the rehabilitation work to
be commenced and completed in a timely manner The Hilarita-Tiburon Ecumenical Association
TOWN COUNCIL
Page 2
September 6, 1995
has also indicated that they are very appreciative of the Town's continued support and past
financial assistance.
Copies of the Hilarita-Tiburon Ecumenical Association's request to the Town have been
forwarded to the Town's Housing Committee, BAC and SHAC.
It should also be noted that the original request of$375,472 (August 22) has been reduced
to $308,000 (August 31).
EXHIBITS
I. Letter from Hilartia- Tiburon Ecumenical Association to Town Manager,
dated 8-22-95
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R.L. Kleinert
Town Manager
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TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
R. L. Kleinert
Victoria Arnett
Heritage & Arts Projects Update
September 12, 1995
Donahue Buildinq Reqistry
The letter from the Office for Historic Preservation confirming the placement of the
Donahue Building on the National Register has arrived. I would like an opportunity to
appear before the Town Council at their next meeting to make the official presentation
of historic registry to the Town.
Meanwhile you had suggested that when making the announcement of historic registry,
it would also be a good time to announce plans for a celebration commemorating its
placement. However, both Roger Felton and Beverly Bastian wish to wait until next
spring to talk dates for the dedication party.
Downtown Historic Preservation Plan
We are proceeding to develop an historic preservation plan for the downtown area. The
ADA does ameliorate regulations for the handicapped within an historic preservation
area. There is a specific chapter in the AD.A regulations concerning historic
preservation
I am looking into the Town of Tiburon becoming a "Certified Local Government of the
Office of Historic Preservation". Receipt of this certificate would entitle the town to grant
monies to assist in the preservation effort. It would also provide Federal tax relief for
owners of historic properties
I plan to get direction from Scott Anderson and the Planning Commission as well as
from the attorney on this whole project.
I welcome your suggestions and Input.
...----.
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VictOria Arnett. Chair
Heritage & Arts Commission
TOWN OF TIBURON
STAFF REpORT
ITEM NO. L/
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
BUILDING ADVISORY COMMITTEE - STATUS REPORT
September 20, 1995
BACKGROUND
Since appointment of the architectural firm of Bull, Stockwell, et aL for the design of the
new downtown Town Administration Building and Council Chambers, the Building Advisory
Committee ("BAC") has been meeting with the architects regarding the first phase architectural
design.
At tonight's Town Council meeting, it is intended for the following to occur:
I. Chairman Wilson will update the Council regarding the committee's activities and
future program, and
2. A representative from the architectural firm will present a site plan and discuss
parking configurations, ingress and egress recommendations. This will also
include an elevation plan or streetscape.
RECOMMENDATION
That the Town Council consider the forthcoming public review process associated with
the new downtown Town facilities design and determine what would be the most productive
procedure for obtaining the public's input. Perhaps ajoint meeting of the Town Council, Planning
Commission, and Design Review Board would be beneficial.
R.L Kleinert et 1/
Town Manager It. C\...
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TOWN COUNCIL
MINUTES
DRAk=T
CALL TO ORDER
Mayor Thompson called the meeting of the Town Council of the Town of Tiburon to
order at 7:39 p.m., Wednesday, September 6, 1995 in Council Chambers, 1101 Tiburon
Boulevard, Tiburon, California.
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS
COUNCILMEMBERS:
EX OFFICIO:
Ginalski, Nygren, Wolf, Thompson
Thayer
Town Manager Kleinert, Finance
Director Stranzl, Planning Director
Anderson, Town Attorney Sharp,
Police ChiefHerley, Town Engineer
Mohammadi
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
Mayor Thompson announced that the Council had discussed pending litigation and
the MAPE contract in closed session, which was to be continued until after the close
of the regular Town Council meeting.
C. PUBLIC OUESTIONS AND COMMENTS
Frank DiSimone, 18 Vistazo West, said that street sweeping by Mill Valley Refuse
Service was not being done regularly or thoroughly on his street. He also said that
no one knew when the sweeping was scheduled and that certain types of debris were
not being picked up.
Council took the comments under advisement and continued the item. Town
Manager Kleinert said he had given Mr. DiSimone a copy of the schedule and would
address the other concerns later.
D. APPOINTMENTS TO BOARDS, COMMISSIONS OR
COMMITTEES
Council asked Deirdre McCrohan of n,e Ark to place a notice that applications were
being accepted for an opening on the Design Review Board, with a deadline of
September 18. Council will conduct interviews, if any, on September 20.
TOWN COUNCIL MINliTFS
HI (1(" SI;I'lI;MIlI:IU" 1005
E. COUNCIL. COMMISSION OR COMMITTEE REPORTS
Council member Nygren reported on the most recent meeting of the Hazardous Solid
Waste lPA. She said the lPA appointed Pat Eklund as Vice Chair, and that the JPA
was looking at cutting non-mandated items from its budget in an effort to control
rising costs
Mayor Thompson said that beginning Monday, September 11, Blackie's Pasture
would be closed for one week in order to do grading work. He said there would still
be some parking but it was being closed for safety and efficiency.
Mayor Thompson also announced the September 23 Coastal Clean-Up Day.
F. CONSENT CALENDAR
Motion:
Moved:
Vote:
Abstain:
Absent:
To approve Consent Calendar
Wolf, Seconded by Ginalski
Unanimous
Nygren (August 16 Mintues)
Thayer
G. UNFINISHED BUSINESS
5. New Town Facilities. Town Attorney Sharp outlined the option of deeding the
land outright to the Library lP A or, alternatively, doing a lease which would allow
the land to revert to the Town at the end of the term.
Motion:
That Town Attorney Sharp write a 99-year lease and return to
Council with the document on October 4, 1995
Nygren, Seconded by Wolf
Unanimous
Thayer
Moved:
Vote:
Absent:
Council also asked the Library Agency to seek counsel to take over from Town
Attorney Sharp after the propel1y tax transfer issue had been resolved.
6a). FY 95-96 Town Budget - Unallocated Fund Transfers. Council agreed to
combine the Drainage and Street Funds, and eliminate the Park Development Fund.
Motion:
To transfer the following amounts ii.om unallocated reserves:
$25,000 to the Self-Insurance Fund; $30,000 to Employee
Compensated Leave, $130,000 to Capital Equipment Replacement
Moved:
Wolf, Seconded by Nygren
TOWN COUNCIL MINUTI:.'i
# I 1161 SLI'TI.:MIlER 6. 1995
2
Amended Motion:
Change Drainage Fund to "Drainage and Streets
Improvements" and transfer $170,000 to this fund
Moved:
Vote:
Absent:
Wolf, Seconded by Nygren
Unanimous
Thayer
Finance Director clarified that the amount transferred would actually be $140,000.
6b). Medical and Insurance Allowance. Council member Wolfsaid that amount was
being increased for Management Employees to bring them into line with other towns
and in keeping with the Town-structured "menu" program of benefits.
Motion
To approve the $50 per month increase in the Management Employee
medical allowance
Moved:
Vote:
Absent:
Wolf, Seconded by Ginalski
Unanimous
Thayer
7. Hilarita Rehabilitation - Reouest for Additional Preservation Funding. Town
Manager Kleinert gave the stafl'report, followed by a presentation by Carolyn
Attkisson, President of the Hilarita- Tiburon Ecumenical Association. Ms. Attkisson
asked Council to be willing to provide additional funding to make up the difference
between the HUD allowance and cost ofHUD-mandated renovations.
Council asked Ms. Attkisson to seek grant funding in addition to seeking non-
housing designated funding from the Town.
Motion:
Reconfirm Town's commitment to allocate $]65,000 in previously
approved funding for Hilarita renovations and, if necessary, for
Hilarita to come back and ask for an additional amount up to
$] 65,000
Moved:
Vote:
Absent
Ginalski, Seconded by Wolf
Unanimous
Thayer
Staff will bring back Resolution
I. NEW BUSINESS
8. Request for Reconsideration of Lot Merger - Jerome Bernal, 23] 0 Spanish Trail.
Planning Director Anderson gave Stan's recommendation that Council not
TOWN COUNCIL MINUTES
# I IIG3 SI:J"ll'MI3I:R G, 1995
3
reconsider the merger.
During Public Hearing, Mr. Bernal said he had been unaware of the 1983 merger and
had been paying taxes on two separate lots. He asked Council to allow him to
subdivide the lots into two parcels that would be larger than most of the lots in the
area. Sharon Bass, 2300 Spanish Trail, Gene Marans, Spanish 2312 Spanish Trail,
Shelly Brown, 2300 Vista Del Mar Lane, all spoke in opposition to subdivision of
the lots.
Town Attorney Sharp said that the 1983 merger notice had been proper in
accordance with the Map Act.
Motion:
To deny reconsideration of lot merger; Staff to take remedial action,
if any, with regard to Notice
Moved:
Vote:
Absent:
Nygren, Seconded by Wolf
Unanimous
Thayer
9. Solid Waste Management Advisory Committee. Town Manager Kleinert
suggested forming a citizen's advisory committee on the Tiburon Peninsula to give
ideas and input to Council on meeting the mandated diversion goals set by the State.
He said he would put it on the Mayors' and Vice Mayors' Agenda for September 14.
Item continued.
10. Downtown Main Street ADA Compliance. Town Engineer Mohammadi
presented a preliminary bid by Ghilotti Brothers for the street-raising work, and told
Council that his original estimate of $150-175,000 for the entire project still stood.
He asked for direction fi'om Council on how to proceed.
Tom Frankovich, Attorney for plaintiffs, said that 11 businesses on Main Street
needed changes but that not all of them would require handrails (e.g. Purdy). He
said that Town would need to decide whether to grant variances to individual
property owners to do the work, such as raise sidewalks in order to install ramps.
Councilmember Ginalski suggested getting all the property owners and the Town
together to decide what was acceptable. He said this was the first time he had heard
that the property owners expected the Town to foot part of the bill for (the street-
raising) project.
Mayor Thompson opened the public hearing
Klaus Meinberg, 35 Main Strcet, Owncr of Sweden House Bakery, said since the
TOWN COUNCIL MINlJTr:s
# I (}(>., SI '1''11 'Mlll'lU,. 1995
4
property owners were being forced to do something, why not take the opportunity
to improve the street, such as raise it, make it one-way or limit traffic. He said that
ramps and hand rails would kill business and force even more people into the street,
creating more safety problems. He told Council that the Town should get involved
with the project because "Main Street is your Town."
Town Attorney Sharp said he was apprehensive about the Town creating the overall
plan which could turn it into a public project with legal ramifications.
Hearing returned to Council.
Councilmember Nygren said that previous Councils had voted against one-way
streets, and that Sia's project was nice but that bricks would make Main Street look
like Disneyland. She suggested that the downtown business owners and merchants
chip in to cover the changes and use Chamber of Commerce benefits for additional
sources of funding.
Council member Wolf said she would like to hear from Town Attorney Sharp after he
had reviewed materials from Frankovich.
Council member Ginalski suggested that the business owners come to the Town with
a proposal.
Council directed Town staff to turn over project information to the business
community.
Mayor Thompson asked Mr. Frankovich to work with the business owners to help
them resolve the problem. Frankovich said Town Engineer Mohammadi's plan was
a good one and he would talk to the property owners and inform the Court of the
progress to date.
II. Town ofTiburon 1995 Goals Calendar. Council member Nygren thanked the
Management of the Town for their work to date.
12. Parks & Open Space Commission - Exploratory Dig and Coastal Clean-Up.
Joanne Ferro, Chair of the Commission, gave a brief report. She said that the dig
would be for one day after the first rains. Council member Nygren asked that the
area be re-seeded if it was a large excavation.
13. Heritage & AI1s - Rename Beach Road Park to Teather Park. Approved by
Council subject to acceptance by Louise Teather.
14. Letter Refluestin'l Permission to Farm Blueberries on Town Open Soace. Item
withdrawn by applicant prior to meeting.
TOWN COUNCIL MINUlLS
#111(" .')J:l'll':MIlI'J( (,,1005
5
15. Consider Rescheduling 2nd Council Meeting in November Council voted to
cancel second meeting and add any necessary items to November 14 Special
Adjourned Meeting.
Councilmember Nygren asked that the Employee Recognition Dinner be rescheduled
to October 16 or 17.
16. Community Survey. Council member Wolfsaid she would like to survey the
community and find out what was wanted in the Flood Plain with regard to the new
LibraryITown Hall construction.
Council member Nygren expressed concern about sending out a newsletter two
weeks before the election. Mayor Thompson said it was an abuse of the newsletter
to advance any political agenda.
Motion:
Moved:
Vote:
Absent:
To send out the Newsletter after the November 7 Election
Nygren, Seconded by Ginalski
Unanimous
Thayer
Councilmember Wolf asked that Parks & Open Space and Joint Recreation also seek
feedback for uses of the Flood Plain.
L. ADJOURNMENT
Council adjourned to Closed Session at 1125 p.m.
There being no further business before the Town Council of the Town ofTiburon,
Mayor Thompson adjourned the meeting at 11:45 p.m., sine die.
MAYOR ANDREW THOMPSON
ATTEST
DIANE L CRANE, TOWN CLERK
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September (,. 1995
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
EXPRESSING THE INTENT OF TOWN OF TIBURON TO WITHDRAW FROM
THE MARIN COUNTY LIBRARY DISTRICT
WHEREAS, the Town of Tiburon is currently part of the Marin County
Library system and receives library services from the County; and
WHEREAS, on May 3,1995, the Town Conncil of the Town ofTiburon
adopted Ordinance No. 413 N.S. anthorizing the creation of a municipal library to
be jointly opel'llted with the City of Belvedere pursnant to the authority of
Education Code Section 18900 et seq.; and
WHEREAS, on April 19, 1995, the Town Council of the Town of Tiburon
adopted Resolution No. 3086 authorizing the Town to enter into a joint powers
agreement with the City of Belvedere for the purpose of creating the Belvedere-
Tiburon Joint Library Agency, which agency shall operate the new municipal
library; and
WHEREAS, in order to effectuate the creation of the new Belvedere- Tiburon
Library, the Town of Tiburon intends to withdraw from the Marin County Library
District, effective July 1, 1996,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
ofTiburon that:
1) The Town of Tiburon hereby notifies the Board of Supervisors for the
County of Marin that pursuant to Education Code Section 19194, the
Town ofTiburon intends to withdraw from the Marin County
Libnlry district, effective July 1, 1996.
2) This notice of intent to withdraw from the Marin County Library
District is accompanied by the statement required by Government
Code Section 54900 et seq.
3) The clerl{ of the Board of Supel'visors is requested to file this notice
and accompanying statement with the Assessor fOI' the County of
Mat'in and the State Board of Equalization.
Tiburon Town Council Resolution No. 3119
9120195
1
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council
on September 20,1995, by the following vote:
AYES:
NOES:
ABSENT:
COl1NCILMEMBERS:
COl1NCILMEMBERS:
COl1NCILMEMBERS:
ANDREW THOMPSON
MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
Tiburon Town Council Resolution No 3119
9120195
2
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
MEETING DATE: SEPTEMBER 20, 1995
FROM:
DAN CATRON
ASSOCIATE PLANNER
ITEM NO.
f-
SUBJECT:
ORDINANCE REGULATING HOURS OF USE FOR LEAF BLOWERS
**************************************************************************
BACKGROUND
On August 2, 1995, the Council referred the draft leaf-blower ordinance to the Public Services
subcommittee. The Public Services subcommittee met on August 29, 1995, and came to recommend
that the use of leaf blowers in residential areas be restricted to the hours of operation specified for
heavy construction equipment, with additional hours provided on Saturday. The allowed hours as
proposed by the Public Services subcommittee would be 8 AM. to 4 P.M. Monday through Friday,
and 9:30 AM. to 4 P.M. on Saturdays.
ANALYSIS
Planning Department Staff believes that any leaf blower regulations adopted by the Town should be
simple and easy to enforce. Any such ordinance should 1) Not involve decibel meters; and 2) Not
require a permit process. The simple regulation of hours proposed by the Public Services
subcommittee would meet these criteria.
RECOMMENDATION
1. That the Council consider adoption of the draft Ordinance as recommended by the Public
Services subcommittee.
EXHIBITS
I. Draft Ordinance A (As recommended by Public Services subcommittee)
2. Town Council minutes from 6-7, 6-21, and 8-2-95
3. Letters from George Swift received 8/14/95 and 9/4/95
4. Letter from Timothy Hayes received 8/11/95 and 9/6/95
5. Letter from Belvedere Land Company received 8/11195
6. Letter from L.J. Keller received 8/18/95
7. Letter from Charles Cavagnetto received 917/95
8. Letter from Lyford's Cove/Old Tiburon HOA received 9115/95
TiburOD Town Council
Staff Report
9120195
1
ORDINANCE NO. (DRAFT)
AN ORDINANCE OF THE TOWN OF TmURON ADDING A NEW CHAPTER 30 TO
THE TmURON MUNICIPAL CODE RESTRICTING THE USE OF GAS-POWERED
LEAF BLOWERS
SECTION 1. ADOPTION.
The Town Council of the Town of Tiburon does hereby ordain that Chapter 30 shall
be added to the Tiburon Town Code as follows:
Chapter 30. Gas Powered Leaf Blowers
Sections:
30-1
30-2
30-3
30-4
30-5
Title
Purpose and Intent
Definitions
Restricted Uses: Time of Day, Days of Week
Enforcement and Violations
Section 30-1
Ii1Il:
This Ordinance shall be known as the "Town of Tiburon Leaf Blower Ordinance" and
may be so cited.
Section 30-2
Purpose and Intent
The purpose of this section is to regulate the use of gasoline powered leaf blowers
within residential areas of the community, so as to prevent the unreasonable and
continuous disruption of households due to leaf blower noise and the devices' ability to
broadcast dust and other airborne pollutants into the air and onto nearby properties.
This section also seeks to allow residential property owners (or their employees, agents or
contractors) to maintain the appearance and condition of their properties using gas-
powered leatblowers on certain days and at certain times.
Tiburon Town Council
Leaf Blower Ordinance (draft)
9/20/95
1
Residential areas are being distinguished from other areas of the Town because of the
special maintenance needs for commercial and other public areas, and the particular
sensitivity of residential uses to the impacts and effects resulting from the use of gas-
powered leaf blowers.
Section 30-3
Definitions
Gas-powered leaf blower- A gas powered leaf blower is defined as any leafblower
directly powered by an internal combustion or rotary engine using gasoline, alcohol or
other liquid or gaseous fuel. Electrically powered leafblowers are not included in this
defmition.
Residential area- Any parcel of land where the primary use of the property is for
residential purposes (such as a single family residence, duplex, apartment building, or
other fonn of residential structure). Street areas, up to the center line of the street,
directly in front of properties used for residential purposes are also considered residential
areas for the purposes of this ordinance.
Section 30-4
Restricted Uses: Time of Day. Days of Week
It shall be unlawful for any property owner or employee, agent or contractor
working for a property owner to operate a gas-powered leaf blower to blow leaves, dirt,
or other debris off sidewalks, driveways, lawns, or other surfaces within any residential
area of the Town, except from 8:00 A.M. to 4 P.M., Monday through Friday, and 9:30
A.M. to 4 P.M. on Saturday. No use shall be allowed on Sunday or on holidays
recognized by the Town of Tiburon.
Section 30-5
Enforcement and Violations.
Violations of this section will be subject to an enforcement process that includes a
verbal or written cease and desist warning from Town officials, followed by a notice of
violation of an infraction, and up to a $250 fine for failure to comply with the provisions
of this section.
Any property owner or employee, agent or contractor working for a property
owner who violates this ordinance may also be considered guilty of an infraction, and
each day such violation is committed or permitted to continue shall be constitute a
separate offense and shall be punishable as such.
Tiburon Town Council
Leaf Blower Ordinance (draft)
9/20/95
2
SECTION 2. SEVERABILITY.
If any section, subsection, subdivision, paragraph, clause or phrase of the
Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid,
or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof
and the Town Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional or invalid or ineffective.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage. Pursuant to the provisions of Govenunent Code Section 36933, a summary of
this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the
Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall
(1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of
this ordinance. Within fifteen (15) days after adoption of this ordinance, the Town Clerk
shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified
copy of the full text of the ordinance along with the names of those Council members
voting for and against the ordinance.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on , 1995, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on , by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE, TOWN CLERK
Tiburon Town Council
Leaf Blower Ordinance (drnft)
9/20/95
3
-
.,
h M. Sr. h '(d.' II'
team treet property owners mlg t were consl enng msta mg ra
changing the sidewalks, raising the street or closing it to traffic in order to c
ADA requirements.
During public hearing, Carolyn Garrity, 283 Karen Way, suggested other solul1
such as access through back doors, and cited her experience working on 201 Califor
Street in San Francisco.
Thomas Frankovich, attorney for Partick Conley and Don Sticle, two of the
defendants suing the Main Street property owners, said that the litigation arose out of
people coming into Tiburon on the ferry and finding 50% of the businesses on Main
Street inaccessible. He said they would work with the businesses to make them
accessible, and proposed raising the sidewalk on the West side of Main Street next to
Westerly Teas and stepping it down gradually two inches; raising the sidewalk on the
East side of Main Street by six inches all from Thai Family Restaurant all the way to
Tommy's. He said the code did not require hand rails but that it was not a bad idea to
install one in front of Silk & Satin, and Thai Family.
Mr. Frankovich said the City had a duty to comply with Title 2 to make reasonable
accommodation as a public entity.
Hearing returned to Council. Mayor Thompson suggested creating a subcommittee
to work with the merchants to resolve the issue. Council member Nygren said that
Council should first deliberate about the options, and questioned whether it was a good
idea to close Main Street. Mayor Thompson and Councilmember Thayer concurred
about not closing the street.
Town Manager Kleinert said he was encouraged by attorney Frankovich's remarks
and would pass on the suggestions and ideas to the property owners through the
Chamber of Commerce. Attorney Frankovich said the case would be heard in Federal
Court and would probably go to trial in January (1996).
F. PUBLIC HEARING
10. LEAF BLOWER ORDINANCE. Councilmember Thayer suggested amending
the ordinance to allow the use of leaf blowers on Saturdays. Councilmember Nygren
moved to read the Ordinance by Title Only, seconded by Thayer. All aycs were
recorded.
Mayor Thompson read, "An Ordinance of the Town of Tiburon Adding a New
Chapter 30 to the Tiburon Municipal Code Rclating to the Restrictcd Use of Gas-
Powered Leaf Blowers," and to include the Saturday amcndment.
VOTE:
AYES:
Nygren, Ginalski. Wolf, Thayer. Thompson
TOWN COUl"CIL Mll"UTES #1055
6/7/95
8
EXHIBIT No.3
e( '*
NOES: None
~
9. Leaf Blower Ordinance. Councilmember Wolf said she thought the ordinance as drafted
was almost meaningless and asked that it be sent to the Planning Commission for their review. She
suggested that the Commission develop a proposal similar to Ross' ordinance which limits the use of
gas leaf blowers. Council member Thayer concurred.
Mayor Thompson opened the public hearing.
George Landau, 82 Sugarloaf, said that leaf blowers were loud and saw no reason for their
existence. He thought Belvedere had the right idea in banning (gas) leaf blowers.
Joe Keller, 699 Hilary Drive, concurred.
Hearing returned to Council.
MOTION:
To remand the ordinance to the Planning Commission to develop a new ordinance in
the direction of Ross' ordinance.
Moved:
Vote:
Wolf, Seconded by Thayer
AYES: Unanimous
NOES: None
F. COMJ\fUNICA nONS
10. Eighth Annual Chili Festival. Unanimously approved.
II. Letter from Attorney Nielsen to Town Manager. Town Manager Kleinert reported
receiving a letter from Mr. Zelinsky's lawyer, Chip Nielsen, suggesting the Town ask the State to
remove the lis pendens from the Town-owned portion of the property at the Downtown Town Hall
site).
Council member Thayer said he thought it was an appropriate step. Council directed Town
stafTto write a letter to the State.
G. STAFF & TOWN MANAGER REPORTS
Council directed Town staf1'to set up interviews for opcnings on thc Pbnning Commission
and Dcsign Rcvicw Eloard. Town :.Ianagcr Klcincrt said hc had scnt lettcrs to thc incumbcnts and
was waiting for their replies.
TOWN COU:---:CIL :.II:---:UTES 111057
6/2 1/05
G
(m
l
-:::;T
i
L
\
still being violated, and that sometimes it takes trees five years to die.
Suzanne Sack, 4 Paseo Mirasol, said she would like to see the development done properly.
Hearing returned to Council.
Councilmember Thayer and Ginalski thought there had been clear violations of the Mitigation
Monitoring Plan and asked the Town Attorney to look into the suggested increase to the tree
replacement ratio and bonding issues.
Council member Wolf stated she did not agree with the idea of a citizen oversight committee or
bond, and said it was not clear that there were violations. She said a letter of guarantee would be
sufficient (in lieu of a bond).
Mayor Thompson said it was not clearly identified what had been violated or what had not, but he
concurred with the recommendation of a public review process recommended by staff He also
said he liked the idea of a citizen liaison committee and went along with the idea of a bond.
MOTION:
To adopt Staff recommendations; Town attorney to determine replacement ratios;
Notice hearing for damage to Heritage Oak; Bond issue to return to Council.
Moved:
Vote:
Ginalski, Seconded by Thayer.
AYES: Unanimous
Town Manager Kleinert commented that he thought Staff had done an excellent job montoring
what was obviously a very sensitive project. He suggested that the Council consider hiring a full-
time monitor for future development projects. Planning Director Anderson said that the
developer would pay for the monitor in the Harroman project.
9. Restrictions on Leaf Blowers. Associate Planner Catron presented newly written Ordinance
limiting leaf blower use to Tuesdays, Wednesdays and Thursdays, and recommended exempting
the Town's Public Works Department, the Tiburon Peninsula Club and other special applications,
and prohibiting use on holidays.
George Landau, 82 Sugarloaf, and Joe Keller, Tiburon Resident, continued to call for a complete
ban during public hearing.
Barbara Matthews, Manager ofTPC, said the club needed leaf blowers to c1car the tennis courts
and wanted a more flexible usage schedule.
Tony Iacopi, Superintendent of Public Works, said the bike path could not be kept as clean with
brooms and prcsented potential liability issues tor the Town.
TOWN COUt"\CIL l\lINUTES 111060
August 2, 1995
4
r-
L
l
Doug Kelley, 188 Lyford Drive, said the noise was excessive for people working at home and
preferred a complete ban. He favored exempting Public Works.
Hearing returned to Council.
Councilmember Wolf recommended a complete ban with an exemption for property owners of
one acre or more. Councilmember Thayer said the ordinance did not cure the problem of other
noisy equipment, such as chainsaws, lawn mowers, etc. Council member Nygren said the
ordinance was an example of overregulation. Councilmember Ginalski recommended some sort
of hardship permit to deal with the exemption issue.
A motion was made by Mayor Thompson and seconded by Council member Thayer, to adopt the
ordinance, limiting use within "residential" areas only. Motion failed with noes from Ginalski,
Nygren and Wolf
Town Manager Kleinert suggested referring the ordinance to the Public Services Committee for
further work. Motion was made and passed unanimously.
I I. Mill Valley Refuse Franchise Agreement. Town staff recommended a la-year extension.
Attorney AI Bianchi, representing MVRS, said the company had asked for an extension to 2015 in
order to amortize equipment costs and plan for capital improvements. He said other Marin cities
had 15 and 20-year contracts. He said the Town had received excellent service and cooperation
from the company and that they would work together to meet and maintain the goals set by
AB939. He assured Council that the Town would have a "favored-nation" clause ifit was the
first to sign the renewal before the other cities (Belvedere and Mill Valley).
Council continued item until first meeting in September with prior review by the Public Services
Committee.
13. Red & White Ferrv Service to Candlestick Park. Councilmember Ginalski expressed concern
about potential parking problems for such an event or service. Terry Koenig, Red & White Fleet,
said that 75% of the tickets had been purchased by Tiburon Peninsula residents. Council
continued item to next meeting to see if there were any problems on August 6.
12. Downtown Main Street ADA Compliance. Town Engineer Mohammadi showed drawing of
potential solution which would require raising t-.lain Street and resurfacing the sidewalks, the cost
of which could be shared by the property owners.
During public hearing, Tom Purdy, 19 Main Street, said it would be cheaper for him to install two
ramps with railings and that he had submitted plans to the l3uilding Department.
Attorney Frankovich, reprcscnting plaintiffs in the lawsuit, said he thought thc Town Enginecr's
drawing looked acceptable. Hc also said that II cntranccs ncedcd to be made acccssible.
TOWN COU0iCIL t-.IINUTES 111060
August 2, 1995
5
RECEIVED
AUG 1 4 1995
TOWN OF TIBURON
PLA.."JiNG & BUILDING DEPT.
\-tIA~t-"0~-"v\ (1,Mj)
q~O-?S-
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,
lIUG 1 1 1995
TOWN MANAlit::fi'S OFFICE
TOWN OF TIIJURON
,/
Po. Box :H6
TlJi['IUJ.\
C\f.rF !J4920
GEORGE SWIFT. PI/.D.
EXECt'TIVE :-'1A~AGBfE~T I~STI1TTE
(415) 435-1448
HJl,ljQ~, ~
cr~c/ ~ ;1.s--
~~~~
...-- -
I~o. Box :31fi
TIIWIW:,\
('.\1.11'.94920
GEORGE SWIFT, PH.D.
EXECUTIVE MANAGEMENT INSTITL"TE
(415) 435-1448
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Timothy 0 Hayes
2217 Centro East Street
Tiburon, California 94920
~r' ~ /97'J/
[R1~tClE:D~~
flUG 1 j W95
TOWN MNJAGEii'S OFFICE
TOWN OF TIBURON
RECEIVED
AUG 1 4 1995
TOWN OF TIBURON
PLA"t\!ING & BUILDING DEPT.
""~L
,:;J? J .' ;/~.d2J2 R- Y-~. ';7~ .0-;,.., ~
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Timothy 0 Hayes
2217 Centro East Street
Tlburon. California 94920
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SEP 0 7 1995
TOWN OF TI8URON
PLA;,NING Ii. BUilDING DEPT.
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RECEIVED
AUG 1 4 1995
TOWN OF TIBURON
PLA;~NING & BUILDING DEPT.
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rol
August 10, 1995
[Rf [fE (C ~ D \W
4UG 1 1 1995'
TOWN MANAGER'S OP'FICE
TOWN OF T/BURON
Bob Kleinert
Town of Tiburon
Tiburon Town Hall
Dear Bob:
The Belvedere Land Co. would
like to be on record favoring
the use of gas powered leaf
blowers for cleaning of the
shopping center lot.
A limited, early morning use
is preferable because of the
problem caused by autos after
the stores open which is 9:00
a.m.
A couple days per week is what
we would like to have available...
Hopefully a variance to the
policy would permit such for
~:::.::::l ShO/
~'v;j~, (
. Gene Me senger Mgr.
BELVEDER LAND COMPANY
Bclvc:dcre Land Comp:my . 83 Beach Road. PO. Box B . Belvcd.ere. CA 9<1920. Ii l5-435A~.
'\
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RECE~VED
AUG 2 I 1995
~~~~n~~[Q)
AUG I 1) lccr
TOWN MANAGER'S OFFICE
TOWN OF TIBURON
~
~11,
~
TOWN OF TIBURON
PLANNING & BUIl.OING OEPT.
8/18/95
Robert L. Kleinert, Town Mgr.
Town of Tiburon
1155 Tiburon Blvd.
Tiburon 94920
Dear Bob:
Re: Gas Powered Leaf Blowers
1. Because of the very loud noises and pollutions, three of
our neighboring cities have completely banned gas blowers.
2. Lani Valentine, mayor of Belvedere, reports no problems
with enforcement, unkempt yards or gardeners since the
ordinance passed. The City Clerk of Mill Valley reports the
same. I have not contacted Ross.
3. The City of San Anselmo restricts blower use to three days
a week, and from only 1 to 4 P.M. on those days.
4. I have five(5) immediate neighbors who employ five
different gardeners who use gas blowers. They come a number
of different times throughout the month. That is too much.
5. Gas leaf blowers seem to be operated incessantly. Using a
gas leaf blower for an hour pollutes as much as driving a car
for 2 1/2 hours. (Maybe it is because they don't have
catalytic converters.) Their pollution includes dust, gasses,
clippings, leaves and pollen which more often than not are
just blown into the surrounding shrubbery.
6. In regards to special exemptions: A tennis court can be
swept in about fifteen minutes with a three foot brush (Which
is the way it was done before blowers). That is only a few
minutes more than it takes for a blower and a brush still has
to be used to pick up. Less pollution for players. As for the
bike path, a large brush towed by the truck would work just
as well and would be considerably faster.
Get rid of 'em a9 our neighbors have.
y, dill
l--fii.-r-1.../>f
L.J ./Ke er
699.Hi ary Dr.
. ,
T~buron P.S. Copy of air pollution article encl.
J
.,
.,
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court system. . .... -. , r ~ , :"~~ttb;,;~ti;;;.. ;;'or~ wisely by do-' II "\.. ..ii;:i'~'~!r "lcoon's- .,n,
' Then, underneath ~ p~oto.o;~ .Rt.'-~"""rpd-s"""rLln,ntll' shal'J)" make the" hll!iies oil' ,ncl,property
I blo~1;f.?geLwr mgRtt~';nd\is ~';'ife - claws. The ~a~er streamed inside th~y sha~e. '." . .
'" J{;!'ard water dripping. When he got and into the hVIng room below. "I don t really mmd SorkIn saId.
_''Ilp to investigate he found five rac- The probl~m has been .quelled t.hey have a b . "on-
r: '~f.oons scampering away. They had SOl' SorkInS . the" a p,;,ri'n~.:.".
I! . ('
;. "'~:;
'I'w,.'" '"
:: ..Air .
I't.. ,
~,. ";o~...}~ ,'. . From page All
~ !~U:(:t:_,'J..- , I
: I . :u-~~:,.The air management district ~s-
.' i . ';-~,ues "Spare the Air" advisorjes
. ~'f:lVhen the smog level is expectecf to
. J~exceed state standards. These~vi-
I,t~"ries are not to be confused ith
:~Bl!mog alerts, which were much ore
fi. ..~'C, ommon In the late 1960s andtearly
, 'I 19705 before emission stan'dards
J'.." ":were tightened. A first-stag sm~g'
" "~Iert is issued when the oz e hIts
;' 20 parts per 100 million. he last
i rJ3ay Area smog alert was sued in
r 1983.
I The Bay Area's smog 'est year
J was 1970, when there were eight
I stage-one smog alerts, Witiorp said.
I Several communities exceeded
I 'state standards yesterday 'and two
I communities exceeded federal stan-
" I dards. Livermore hit a high reading
lof 13 and Concord, with a little help
! from its neighbors, hit a wljopping
I high of 15.. . \ "
. I, Concord is one of the places'that
t receives Marin's dirty air. Marin's
I! pollution also blows into Sono~ ~'. ".
I and Napa. Wittorp said. .
I. uPol1ution blows from one com-
I nlUnity to another so we need to
I work together and help reduce pollu-
It{, tioD no matter where we live," Wit.
i. 'torp said. "The air pollution we pra-
I .duce is going to blow into someone
I else's community." .
I To illustrate the point, Wittorp
I pointed out that the Napa Valley
. ~as exceeded state health standards
. -three times this year, including yes-
r<-terday, even though fewer people in
J Napa than Marin drive. the primary
I source of pollution. Marin County
I drivers travel 5 million miles a day;
I Napa drivers travel 2 million miles a
day, Wittorp said,
Ozone Occurs naturally and safely
I in the upper atmosphere. It Occurs
, on the ground when the exhaust
from combustion engines and other
pollutants - hvdrocarbons and ni-
\
,.'
"
"
.-'}fl.,"'
: .t~-..I'~'
. If you have to go out for that said. _ "
10-mile run, don't do it in the af- More than ~alf of the smog
ternoon during these hot, smog- generated dUrJ!'g the summer
gy days of summer. , .. ,'..,". c~me~ from vehIcles. So .the r:lfSt
. That's the advice of the Bay tIp Wlttorp h~s.to offer IS a slm-
,:Area Air Quality Management pIe one: try driVIng less or not at
District. .' all..
Athletes should avoid exereis- . Other tIps: . . '.
.'jng outdoors during the after- ..... AVOId USIn~ gasohne-
. noons, when smog . levels 'peak, powered garden eqUIpment, such
. ,said Randy Wittorp, a spokes- : as lawn mowers,. weed eaters and
man with the management dis- . leaf blowers. ,uSIn~ a leaf blowet.
trict. '. . ." v' 'for an hour P?IIU\fS as much .iJS-
Infants, children, seniors, .l!tvmg a car tor 2/2 hours, Wlt-
pregnant women and people with c::tQ.j ~la. . . " ,
respiratory and heart conditions,: yo~ barbecue, do~ t use
also should take it easy when the bghter flUId. Charcoal chImney
district issues "Spare the Air" .s~ers can be purchased from a
; warnings, Wittorp said. _ . _, varIety of places, usually ~or un- .
:- Even though Marin, has not der $10.. '.' .
. had smog levels that exceed state. ~ AVOId uSing aerosol spraY;',
standards. it does contribute to whIch. account for 25 tons of aIr
high smog levels throughout the pollutIOn every daY;,. ~se pump
, Bay Area and residents should sprays Instead.
help in reducing smog, Wittorp - Janet Kornblum
. .,.{,
ttogen oxides"":'" COJDhine--wl sun-
, ht. The JUetror; produces photo-
en . atSmog, otherwise known as
ozone.
Lower temperatures and fog help
prevent the chemical reaction from
taking place.
At moderate levels. sensitive peo-
ple, including children, seniors,
pregnant women, and people with
respiratory and heart conditions,
can have trouble breathing, Wittorp
said.
, Local preschools and senior cen.
ters said their clients have been
much more affected by the heat than
the smog.
"We have been doing a lot of wa.
ter playing the last couple of
months," said Susan Gilmore, exec.
utive director of the North Bay
Children's Center in Novato. Gil-
more said they have pools set up
, Salmon
tian in Sausalito.
Grader said some fish are still be.
ing caught around Bodega Bay.
Fishing boat operators fought off
Some wholesalers offering $1.25 to
$1.50 per pound for the salmon. de-
pending on the size of the fish. Fish-
ing boat operators, like farmers, Ie.
gaIly can negotiate the price of their
product in advance depending on
"
I
From page Al
"Most everyone's back in port
now because there's just no fish
around," said Zeke Grader, execu-
tive director of the Pacific Coast
Federation of Fishermen's Associa.
,
,
",,";r
f' .:.'.'~~',
bathInsl 0 ec rto
keep infants, toddlers and pre-
.schoolers cooled off. They also are
providing kids a lot of water and
juice. . ".'~
Ed Ryken. executive director of
the Marin Senior Coordinating
Council, said in general, seniors stay
home in larger numbers on hot and
smoggy days, but there wasn't a big
drop.off in attendance at senior cen- :
ters yesterday. "';-,
Sometimes, seniors find that life
at the centers is better than at home,
said Kathy Kormos. director of the
Margaret Todd Senior Center in
Novato.
"We are in a nice, air-conditioned
building," she said. "One of the
things we've been finding is a sli~ht
increase in people coming in and
participating in the air condition.
iog."
the anticipated supply.
Except for a couple stores offering
some low prices recently, the cost of
local salmon stayed pretty stable
during the strike throu~hout the
Bay Area. It won't drop any time
Soon.
Mach Shahean at Battaglia Sea-
food on South Novala Boulevard in
Novato only carries the local salmon
~
RECEWED
SEP 0 7 1995
TOWN OF TIBURON
PLMNING & BUILDING DEPT.
fD)~~~n~[S'1
lri\ U c:; 10' 21 E. Circle Drive
l,l . _ d TIburon, CA 94920
SEP ::. 1995 Phone: 415-380-9755
/" TO',vt;! j\1ANAGER'S Orf'ICE
I.S)I.J./N LUi/,""i..,'~WN OF TIBURON 9~0J
;15 C:/-l/l~ //1./; C /( L ,-C', .-/-.;<:: P , - .,
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CHARLES P. CAVAGNETTO, FIC
Field Representative
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Lyford's Cove - Old Tiburon
Homeowners Association
September 12, 1995
RECEIVED
SEP 1 5 1995
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
TOWN Or- TI8URON
PLANNING 6< BUIl.DING DEPT.
Attn: Dan Catron
Dear Mr. Catron:
In reference to the public hearing on September 20th
to consider a gas-powered leaf blower ordinance, be advised
that the Board of Directors of the Lyford's Cove - Old
Tiburon Homeowners Association supports a total ban on
gas powered leaf blowers.
The Board Members at our last meeting cited instances
where the engine driven devices disrupt their peaceful privacy
on a daily basis. Also, it was felt that the blowers were
ineffective and other garden tools could better accomplish
the task rather than the "Mlw, Blow and Go" method.
If the Town Council chooses to limit the hours of
operation, then the most restrictive regulation would be
reco mmended.
Very truly yours,
J~v~cf. ~~J~
Franklin J. Buscher
President
EXHIBIT NO. B
TOWN COUNCIL
ST AFF
REPORT
TO:
TOWN COUNCIL
MEETING DATE: 9/20/95
ITEM NO.: <if
FROM:
SCOTT ANDERSON, ~
PLANNING DIRECTOr
SUBJECT: REVIEW OF PLANS FOR CONSTRUCTION OF TWO SINGLE FAMILY
DWELLINGS AT 1960 CENTRO WEST STREET, Dave & Diane
Williams, applicants; Assessor Parcel No. 59-061-10
BACKGROUND
The applicants submitted drawings for this item on September 6,
1995, but withdrew them shortly thereafter in order to make
additional revisions. As of the writing of this report
(9/15/95), revised plans have not been submitted by the Williams.
Staff is therefore unable to prepare a suitable Staff Report on
the matter.
RECOMMENDATION
That the Town Council move to continue the item without
discussion to the next regular meeting on October 4, 1995.
HBURON TOWN COUNCIL
STAFF REPORT
'aM>5
1
TOWN COUNCIL STAFF
REPORT
TO:
TOWN COUNCIL
SEPTEMBER 20, 1995
SEPTEMBER 15,1995
FROM:
MEETING DATE:
REPORT DATE:
DAN CATRON, ITEM NO.: l'
ASSOCIATE PLANNER
SUBJECT: 375 TAYLOR ROAD: PRECISE DEVELOPMENT PLAN EXTENSION OF
TIME #39503: REQUEST TO EXTEND ALLOWABLE TIME FOR
IMPLEMENTATION OF PLANNED DEVELOPMENT #7.
PROJECT DATA
Address: 375 Taylor Road
AP No.: 38-182-42
File No.: Precise Development Plan Extension of Time #39503
General Plan: L (up to .5 duJac.)
Zoning: RPD
Property Size: 5 acres +/-
Current Use: Vacant land
Owner: Miranda Leonard
Applicant: Bruce Moody
Date Complete: NA
Permit Streamlining Act Deadline: NA
PROJECT DESCRIPTION
Bruce Moody, representative for Ms. Miranda Leonard, is requesting an Extension of Time for
implementation of the approved Precise Development Plan for 375 Taylor Road (Parcel G of the
Ring Mountain subdivision). The project site is currently vacant land and is zoned RPD. The
General Plan Land Use Designation for the site is L (up to .5 duJac.).
A Precise Development Plan was approved for this property on November 4, 1992. TIle Precise
Development Plan established development parameters and other requirements for one single
family residence on the 5 acre site. TIle Precise Plan was set to expire 36 months after the
effective date of the approval (December 4, 1992) if further permits (such as Site Plan and
Architectural Review approval) had not been issued to implement the project.
On August 23,1995, the Tiburon Planning Commission adopted Resolution 95-14 recommending
T1HURON TOWN COUNCIL
. STAFF RLPORT
SEfTITMBER 20. 1995
that the Town Council grant the requested Extension of Time.
ANALYSIS
The Precise Development Plan was discussed extensively prior to its final approval by the Town
Council in 1992. Discussions focused on issues of pedestrian access easements to Ring Mountain,
fencing design, and building colors/materials. The applicant is not proposing to change any aspect
of the project or the approval. Staff is not aware of any changes in the circumstances of the lot, or
of any regulations of the Town, which would affect the approved Precise Plan.
Environmental Status
The project is categorically exempt from the requirements ofCEQA per Section 15303 of the
CEQA Guidelines.
RECOMMENDATION
Staff recommends that the Town Council take public testimony and adopt the draft resolution
granting a two (2) year extension of time for implementation of Planned Development #7 as
approved by Town Council Resolution 2888.
EXHIBITS
I.
2.
3.
4.
5.
6.
Draft Resolution
Planning Commission Resolution 95-14
Town Council Resolution 2888
Written text of the approved Precise Plan.
Zoning Ordinance Section 4.08.07
Approved Precise Plan Exhibits (6 sheets)
Li C!~~ i".. Cw.~ p~ts ~
Idanltc39503.rpt
TIBURON TOWN COUNCIL
STAB; RJ':!'<)RT
SEPTEMBER 20, 1995
RESOLUTION NO. 95-(draft)
A RESOLUTION OF THETOWN COUNCIL OF THE TOWN OF TffiURON
APPROVING AN EXTENSION OF TIME FOR IMPLEMENTATION OF PLANNED
DEVELOPMENT #7 AT 375 TAYLOR ROAD
(RING MOUNTAIN PARCEL G)
ASSESSORS PARCEL NO. 38-182-42
WHEREAS, the town Council of the Town ofTiburon does resolve as follows:
Section 1. Findings.
A. The Town ofTiburon has received and considered an application filed by Bruce Moody to
extend allowable time for implementation of the approved Precise Development Plan for
375 Taylor Road. The application consists of the following:
1. Application form received July 14, 1995
2. Approved Precise Plan exhibits
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, resolutions, minutes, application materials, and all
comments and materials received at public hearings.
B. The Planning Commission held a duly-noticed public hearing on August 23, 1995, and
recommended that the Town Council grant the requested Extension of Time. The Town
Council held a duly-noticed public hearing on September 20, 1995, and heard and
considered testimony from interested persons. The Town Council has found that the
requested extension of time is consistent with the goals, policies, and provisions of the
Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town Council
Resolution #2888.
C. The project is found to be exempt from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town CowlCil of the Town of
Tiburon does hereby approve an extension of time for implementation of the Precise Plan for 375
Taylor Road (Ring Mouintain Parcel G) as follows:
TiburonTown Council Resolution No_ 95-draft:
912fJF.f5
EXHIBIT NO.
1. The expiration date for the Precise Development Plan approved by Resolution
2888 on November 4, 1992 shall be extended for 24 additional months. The new
expiration date will be December 4, 1997. The Precise Development Plan shall
expire on that date unless subsequent zoning and/or building permits have been
issued pursuant to said approval.
PASSED AND ADOPTED at a regular meeting of the Town Council on ---' by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town ofTiburon
ATTEST:
DIANE CRANE, TOWN CLERK
TiburonToVvTl Council Resolution No. 95-draft:
9/201F15
RESOLUTION NO. 95-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN EXTENSION OF TIME FOR IMPLEMENTATION
OF PLANNED DEVELOPMENT #7 AT 375 TAYLOR ROAD
(RING MOUNTAIN PARCEL G)
ASSESSORS PARCEL NO. 38-182-42
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows:
Section 1. Findings
A. The Planning Commission of the Town of Tiburon has received and considered an
application illed by Bruce Moody to extend allowable time for implementation of the
approved Precise Development Plan for 375 Taylor Road. The application consists of the
following:
1. Application form received July 14, 1995
2. Approved Precise Plan exhibits
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, resolutions, minutes, application materials, and all
comments and materials received at public hearings.
B. The Planning Commission held a duly-noticed public hearing on August 23, 1995, and
heard and considered testimony from interested persons. The Planning Commission has
found that the requested extension of time is consistent with the goals, policies, and
provisions of the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town
Council Resolution #2888.
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15303 of the CEQA Guidclines.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission ofthc Town of
Tiburon does hereby recommend that the Tiburon Town Council approve an cxtension oftimc tor
implementation of the Precise Plan for 375 Taylor Road (Ring Mouintain Parcel G) as follows:
Tiburon Planning Commission Resolution No. 95-14
8123195
EXHIBIT NO. L
1. The expiration date for the Precise Development Plan approved by Resolution
2888 on November 4, 1992 shall be extended for 24 additional months. The new
expiration date will be December 4, 1997. TIle Precise Development Plan shall
expire on that date unless subsequent zoning and/or building permits have been
issued pursuant to said approval.
PASSED AND ADOPTED at a regular meeting of the Planning Commission on August
23, 1995, by the following vote:
AYES:
COMMISSIONERS: Greenberg, Heckmann, Siewert
ABSENT:
COMMISSIONERS: Schrier
ATTEST:
7i{d Si+~
MARYL~/SfEWERT, C
Tiburon Planning Commission
Jx:dt Q "
1 / i
) .~~,\ f-r\^-.. )
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission Resolution No. 95-14
8=
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RESOLUTION NO. 2888
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A PRECISE DEVELOPMENT
PLAN FOR RING MOuNTAIN PARCEL "G" (PD#7)
A. P. NO. 38-182-42 (375 TAYLOR ROAD)
SECTION 1. FINDINGS.
A. The Town of Tiburon has received an application for a Precise Development Plan
for the development of 4.88 acres of land at the end of Taylor Road extension.
B. The approved Precise Development Plan materials consist of:
a. Written text entitled "Precise Development Plan Text, Ring Mountain
Parcel G", revised October 28, 1992 (2 sheets);
b. Site Plan/Building Envelope/Fencing Plan prepared by Walker & Moody
Architects, revised October 28, 1992 (1 sheet);
Additional application materials included for information purposes only include:
c.
Grading Plan prepared by Walker & Moody Architects dated 4/2/92 (1
sheet);
Site/Building Sections Plan prepared by Walker & Moody Architects dated
4/2/92 (1 sheet);
Topography Map (partial) dated December, 1991, prepared by Cramer-
Davis, Inc. (1 sheet);
Slope Map dated December, 1991, prepared by Cramer-Davis, Inc. (2
sheets ).
d.
e.
f.
C.
The Planning Commission held duly noticed public hearings on May 27, June 10,
July 8, and August 12, 1992 for the purpose of reviewing the application and
receiving comments and recommendations from the public. The Town Council
has held a duly-noticed and advertised public hearing on October 21, 1992, and
has considered the recommendation of the Planning Commission and all othcr
evidence and testimony in arriving at its decision.
D.
The Town Council finds that the project, as conditioned, is consistent with the
General Plan of the Town of Tiburon, is in conformance with the Tiburon Zoning
Ordinance, and is exempt from further review under CEQA.
1
EXHIBIT NO. 3
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SECTION 2. APPROVAL.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the Ring Mountain Parcel "G" Precise Development Plan,
subject to the following conditions:
Land Use
1. The provisions of this Precise Development Plan are intended to supplement and
expand general provisions of Section 2.07 of the Tiburon Zoning Ordinance
(Residential Planned Development Zone), specifically for this property. Unless
otherwise established in this Precise Development Plan, all provisions of the
Tiburon Zoning Ordinance shall apply to the property.
2. This Precise DeveIopmel}t Plan approves zoning for one single family dwelling
unit and accessory structures on 4.88 acres, as further described in the "Precise
Development Plan Text, Ring Mountain Parcel G", attached hereto as Exhibit A.
3.
This Precise Development Plan approves one primary and two secondary building
envelopes, as depicted on the Site Plan/Building Envelope/Fencing Plan revised
October 28, 1992, attached hereto as Exhibit B, except that construction of a
guest house in Secondary Envelope No.1 shall not be permitted unless a
determination is made by the Planning Commission that a more appropriate
location cannot be found within the primary building envelope. Construction of a
stable for the keeping of horses shall require a Conditional Use Permit pursuant
to Chapter 20 of the Tiburon Town Code. With the exception of fencing as
described in Condition #5, and ancillary retaining walls acting to reduce the
height of the primary retaining wall for the tennis court, no structures shall be
permitted outside the approved building envelopes.
4.
The location and height of structures within the building envelopes shall be
subject to discretionary review through the Town's Site Plan & Architectural
Review process. However, the height of the primary structure (dwelling unit)
shall not exceed 25 feet above natural or finished grade, whichever is lower, while
the height of accessory structures shall not exceed 15 feet above natural or
finished grade, whichever is lower. The height of tennis court fencing shall not
exceed 15 feet above the finished court surface.
5.
Fencing may be placed outside the building envelopes as shown on the Site
Plan/Building Envelope/Fencing Plan. All fencing shall receive Site Plan and
Architectural Review approval from the Town, even if such fencing is less than 3
1/2 feet in height. Fencing shall be "open" in appearance.
2
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6.
Prior to issuance of building permits for the project, owner shaH record a deed
restriction prohibiting the placement of fencing or other artificial barriers to
wildlife or pedestrians over a portion of the site. Said portion is described as a
triangle with points at the northeast corner property line; a point on the property
line 80 feet south of the northeast corner point; and a point on the property line
30 feet west of the northeast corner point. The final wording of such deed
restriction shaH be approved by the Town Attorney prior to recordation.
7. No future subdivision of the property shaH be pennitted. Owner ~haH record a
restriction to this effect. Such restriction shaH be written to the satisfaction of
the Town Attorney and shaH be recorded prior to issuance of building penn its for
the project.
8. Prior to any grading or construction of any structures, Site Plan and
Architectural Review approval shaH be secured from the Town. Materials and
colors of exterior buildiIig surfaces shaH be in earth-tones and shaH blend with
the natural environment. Plans submitted shaH provide details (colors,
materials, textures) of aH proposed structures, including fences, retaining waHs,
tennis court screening features, and drainage ditches.
Imnrovement and Utilities
9.
Hours of construction shaH be as regulated by Chapter 13 of the Tiburon Town
Code.
10.
AIl construction on, and landscaping of, the property shaH comply with provisions
of Tiburon Municipal Code Chapters 13E and 15A concerning water conservation
and trees. Compliance with these regulations shaH be ensured during the Site
Plan and Architectural Review and Building Pennit processes.
11.
In implementing the Precise Plan approval, owner shaH satisfy the requirements
of the Town Engineer, Tiburon Fire Protection District, and Marin Municipal
Water District.
12.
Grading on the site shaH be limited to the dry season from October to May,
unless specificaHy authorized by the Town Engineer after requiring appropriate
precautionary measures.
13.
An erosion control plan and dust control plan satisfactory to the Town Engincer
shaH be required prior to grading or construction on the site.
14.
Graded areas shall be re-vegetatcd as soon as possiblc following completion of
grading activity.
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15. All contractors and subcontractors performing work at the site shall be rcquired
by contract to halt all work within 30 yards of any archaeoIogically significant
resource which may be uncovered during construction, until a qualificd
archaeologist has investigated and made recommendations. Representatives of
the Native American community shall be contacted in the event of such a find.
16. All utilities reasonably related to the project shall be placed underground in
accordance with Town regulations.
EXDiration
17. This Precise Development Plan approval shall be valid for 36 months following
its effective date, and shall expire unless subsequent zoning and/or building
permits have been issued pursuant to this approval. A time extension may be
granted if such request is filed prior to the expiration date.
PASSED AND ADOPTED at a regular meeting of the Town Council held on
November 4. 1992, by the following vote:
AYES:
COUNCILMEMBERS:
Friedman, Kuhn, Nygren, Thayer
Thompson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
~
ALVIN R. KUHN, MAYOR
Town of Tiburon .
ATfEST: .
WN CLERK
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THIS IS A TRUE AND
rCfRTIFIED CO~'ft /
-}t~U4-<--'/)(~;J~
~OWN CLERK U
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October 28, 1992
PRECISE DEVELOPMENT PLAN TEXT
RING MOUNTAIN PARCEL G
General Information and Data
1. General Description of the Project & Site:
Project consists of a single family residence, pool. house. pool,
tennis court. and other elements as shown on the Site Plan/
,Bui Iding Envelope and Fencing plan dated 10/28/92.
The property is zoned RPD and consists of approximately 5 acres.
The site is bordered on 3 sides by the "Ring Mountain Preserve" and
on the east side by open space and one residence.
2. Design Concept:
Separate elements of the residence are to be located at different
levels, stair-stepping up the slope from the entrance al lowing
maximum views from each level. Tarraced gardens extend below each
level withpool and tennis court below. Stepped 3'-4' high planting beds
wil I provide a graceful. lush transition between each level.
3. Transportation Analysis:
There are no changes proposed in the pedestrian, vehicle and emergency
access to the site. The private drive which serves the property from
the end of Taylor Road wi I I have a gate at Taylor Road operated by remote
contro I .
A "turn around" exists at the end of the drive and wil I be maintained.
Guest parking for 3 cars wil I be provided in addition to the 2 car garage.
The project wil I have no significant impact on adjacent streets.
4. Building Areas:
The residence building consists of approximately 6,000 sq. on the main
floor, 1200 sq. divided between 2nd floor and areas below the main floor.
The pool house is 800 sq. The garage 650 sq. The garage and the pool
house wi I I be below grade as shown.
5. Views:
Views from the lower portion of the lot to the southeast area obscured by a
row of mature Monterey Pines on the adjacent property and by the Tiburon
Penninsula. Views above the tree tops extend from Sausal ito to the San Rafael
Richmond Bridge. A view study map is included.
APPRO'/EO B'{
CITY COUNCIL
OAT[ ..JJ - 4-, CJJ...
RESOLUTION J <6g ~
EXHIBIT NO..-:L
p. , .f J.
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6. Building Envelope & Fencing:
Bui Iding Envelope limits are as shown on the Site Plan/ Building
Envelope/ Fencing Plan.
7. The maximum height shal I be 25 feet for the residence and 15
feet for al I other structures.
8. Slope:
A slope map is included showing that al I the structure on land
slope less than 30%, with the tennis court and pool on the flatter
portions of the lot.
9. Storm Drainage, Sewer and Public Uti I ities:
The lot is served by the Corte Madera Sanitary District #2, MMWD,
P.G. & E. P.T. & T., & Cable TV. AI I services are underground.
10. Landscaping:
The terraces, stepped planters and the area immediately adjacent to
the house wi I I be landscaped. A grove of native trees wi I I be
situated between the driveway and the tennis court. The remainder
of the property wi II remain in its natural state.
A complete landscape plan wi I I be submitted for review with the
design review appl ication.
11. Accoustical Analysis:
The only potential acoustical problem are the sounds created by
tennis players. However, the court is situated so as to mitigate
this potential problem. The nearest residence to the northeast is
more than 180' distant horizontally and at least 60' in elevation below
the court. The other residence to the southeast is 270' distant
horizontally and 62' in elevation below the court.
As sounds tend to be directed upward and disipate with distance no
negative impact is expected.
_-~~ f. ~. .;,
p. J. 0+ 1..
Tiburon Town Code Chapter 16: Zoning (
SUBCHAPTER 4: ZONING PERMITS \
4.08.04. Principles
Contd.
(j) Proposed arrangement of residential units and design of
circulation system shall provide harmonious transition from
and be compatible with, neighboring development and open
space. Monotony in design shall be avoided.
(k) Adequate consideration shall be given to the need for privacy
and with minimum visual and aural intrusion into indoor and
outdoor living areas from other living areas.
(1) Improvements shall be placed so as to minimize intrusion of
noise on nearby areas.
(m) Landscaping shall be designed so as to result in the least
possible disturbance of natural and/or open areas and shall
be compatible with the natural setting. Consideration shall
be given to fire protection, water conservation, protection
of views and trail areas, and buffering of noise.
(n) Utilities shall be underground and street lights, if needed,
shall be of low intensity and low in profile.
(0) Materials and colors used in improvements shall blend into (
the natural environment to the extent reasonably possible.
(p) Consistency with other goals and policies of the General Plan
Elements shall be demonstrated.
4.08.05.
Expiration of Precise Development Plan.
Any Precise Development Plan approval shall expire and become null
and void unless one of the following happens within 36 months after
its effective date:
1. A Tentative Subdivision Map is approved consistent with
the approved Precise Development Plan; or
2. If no subdivision map is necessary, subsequent zoning or
building permits have been issued pursuant to the
approved Precise Development Plan.
3 .
An extension has been granted. A request for extension
must be filed prior to the expiration date and shall be
accompanied by a filing fee to be established by
resolution of the Council. The permit holder shall
submit sufficient information to the Town to determine
whether good cause for an extension exists.
Consideration of the extension shall be in accordance
r:-
Tiburon Zoning Ordinance (No. 360 NS., as amended 5/7/92)
Page
149
EXHmIT NO. .s-
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Tiburon Town Code Chapter 16: Zoning
SUBCHAPTER 4: ZONING PERMITS
with Section 4.08.07 pertaining to amendments.
Upon expiration of a Precise Development Plan, the zoning for the
site shall revert to that which existed prior to the Precise
Development Plan approval, or if such zoning designation no longer
exists, to its nearest equivalent as determined by the Council.
4.08.06. Denial, Conditional Approval of Plan.
If from the facts presented, the Council is unable to make the
findings to approve a Precise Development Plan, the application
shall be denied. In taking action, the Council may deny the
Precise Development Plan as submitted, or may approve said plan
subject to specified amendments or conditions.
4.08.07. Amendment.
Amendments to an adopted Precise Development Plan shall be
processed using the same procedure as described in Section 4.08.03
pertaining to original adoption except that in cases where the
Planning Commission votes to deny an application for Precise Plan
Amendment, then the action of the Commission shall be final, and no
action of the Council shall be required. Decisions of the Planning
Commission may be appealed as provided in Section 3.08.00.
4.08.08. Moratorium.
The period of time specified for the expiration of the Precise
Development Plan shall not include any period of time during which
a development moratorium, imposed after the approval of the Precise
Development Plan, is in existence, provided, however, the length of
the moratorium does not exceed five years.
Once a moratorium is terminated, the Precise Development Plan shall
be valid for the same period of time as was left to run on the
approval at the time that the moratorium was imposed. However, if
the remaining time is less than 120 days, the approval shall be
valid for 120 days following the termination of the moratorium.
Tiburon Zoning Ordinance (No. 360 N.S., as amended 5/7/92)
Page
150
Tiburon Town Code Chapter 16: Zoning
SUBCHAPTER 4: ZONING PERMITS
(
4.08.02. Contents Contd.
(q) A statement describing whether the development involves
diking, filling, dredging or placing structures in open
waters, wetlands, or riparian corridors. If yes, then
describe the specific nature of the proposal in this regard
and note whether an Army Corps of Engineers permit and/or a
Bay Conservation and Development Commission permit has been
or will be applied for.
3. PHOTO MONTAGES of the site as seen from critical vantage
points, with accurate depictions of the proposed project
superimposed, as well as one or more story poles or
equivalent references as necessary to verify heights.
4. SUCH OTHER INFORMATION AS THE PLANNING DIRECTOR MAY
REASONABLY REQUIRE.
The relevancy of some of the above requirements will necessarily
depend upon the nature and extent of the partiCUlar property and
project being proposed. Upon written request, the Planning
Director shall advise the applicant of those requirements which may
not be required to constitute a "complete" application. (
4.08.03. Precise Development Plan Procedure.
Applications for Precise Development Plan shall be reviewed by the
Planning Commission, which after holding at least one public
hearing, shall forward its recommendation by Resolution to the Town
Council. The Town Council shall consider the recommendation of the
Planning Commission, and after holding at least one public hearing,
shall take final action on the application. Final action shall be
by Resolution of the Council. Approval of a Precise Development I
Plan is a legislative action by the Town, and as such shall not bel
effective until 30 days after adoption of the Resolution by the:
Council. '
Tiburon Zoning Ordinance (No. 360 N.S., as amended 5/7/92)
t-
Page
147
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TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTO~
MEETING DATE: 9/20/95
ITEM NO.: 10
FROM:
SUBJECT: PRECISE PLAN AMENDMENT TO FRAIGE PROJECT: AMEND
CONDITIONS RELATED TO GUEST PARKING AND FENCING
BACKGROUND
Address: stevens Court (end of Spring Lane at Rolling Hills
Road)
AP No.: 59-111-25 through 28
File No.: 39504
General Plan: ML (Medium Low Density Residential)
Zoning: RPD (Planned Development #31)
Property Size: 3 acres
Subdivision: Fraige (PM5-90)
Current Use: Subdivision Improvements under construction
Owner: Thomas Monahan
Applicant: same
Date Complete: NA
Permit Streamlining Act Deadline: NA
HISTORY/PROPOSAL/ANALYSIS
Please refer to the Planning commission Staff Report dated
September 13, 1995 (Exhibit A).
PLANNING COMMISSION RECOMMENDATION
The Planning commission held a public hearing on the application
on September 13, 1995, and adopted Resolution No. 95-16 (Exhibit
B) recommending conditional approval of the amendments as shown
in Resolution No. 95-16.
Only one issue of concern remains for the applicant. At the
Planning commission meeting, the applicant voiced serious
concerns about the language adopted in Condition No. 5 concerning
the hammerhead turnaround located above the Parcel 2 building
envelope. Apparently, the applicants had designed the hammerhead
turnaround area larger than that required by the Fire District in
order to provide driveway access to Parcel 2 and provide for
additional guest parking. Staff was unable to verify this at the
meeting without discussion with the Fire District, and urged the
Commission to assume for the moment that the entire hammerhead
area was required by the Fire District.
TlBURON TOWN COUNCIL
STAFF REPORT
91201115
1
Following the meeting, staff was able to verify these facts with
the Fire Chief, who kindly provided a drawing of the actual
hammerhead area needed by the Fire District (see Exhibit C). The
Fire District has no objection to permanent parking spaces being
located in the excess portions of the hammerhead turnaround. The
Fire Chief appeared supportive of any measure which would keep
people from parking on stevens Court itself.
staff also met with the project architect following the meeting,
and is convinced that some portion of the hammerhead area will
need to be used as a driveway approach to Parcel 2. Given the
building envelope height limits previously imposed by the Town,
it does not appear that all four required parking spaces could be
provided on Parcel 2 without some use of the hammerhead area.
with these facts in hand, Staff would recommend that Condition
No. 5 be revised to read as follows:
A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. The hammerhead
area, as required for emergency vehicle turnaround by the
Tiburon Fire Protection District, is defined as shown on
attached Exhibit "B". The wings of the hammerhead may be
available for parking, one wing to be used by Parcel 2 as a
driveway and count for required parking, and the other wing
shall be available for excess guest parking within the
subdivision.
Both Exhibit B to the draft Town Council Resolution and the
applicant's suggested language for Condition No.5 are attached
as Exhibit D to the Staff Report. Staff has revised the
applicant's proposed language somewhat.
RECOMMENDATION
Staff recommends that the Town Council adopt the draft Resolution
(Exhibit E), which includes the revised Condition No.5.
EXHIBITS
A. Planning commission Staff Report of September 13, 1995.
B. Planning Commission Resolution No. 95-16.
C. Drawing from Tiburon Fire District showing required
hammerhead turnaround area.
D. Applicant's proposal (written and graphic) for use of the
"wings" of the hammerhead area.
E. Draft Town Council Resolution.
\scott\fraigetc.rpt
TlBURON TOWN COUNCIL
STAFF REPORT
9/2M5
2
(
(
PLANNING
COMMISSION
ST AFF
REPORT
TO:
PLANNING COMMISSION
MEETING DATE: 9/13/95
ITEM NO.: 3
FROM:
SCOTT ANDERSON,
PLANNING DIRECTOR
SUBJECT: PRECISE PLAN AMENDMENT FOR FRAIGE SUBDIVISION (PLANNED
DEVELOPMENT #31); STEVENS COURT
RECOMMENDATION
ADOPT THE RESOLUTION RECOMMENDING THAT THE TOWN COUNCIL APPROVE
THE AMENDMENT AND CONSOLIDATE CONDITIONS FROM PREVIOUS
RESOLUTIONS
BACKGROUND
Address: Stevens Court (end of Spring Lane at Rolling Hills
Road)
AP No.: 59-111-25 through 28
File No.: 39504
General Plan: ML (Medium Low Density Residential)
Zoning: RPD (Planned Development #31)
Property Size: 3 acres
Subdivision: Fraige (PM5-90)
Current Use: Subdivision Improvements under construction
Owner: Thomas Monahan
Applicant: same
Date Complete: NA
Permit Streamlining Act Deadline: NA
HISTORY
The Precise Plan for this subdivision was approved by the Town in
1980; re-approved in 1984, and amended in 1990 and in 1995
(twice). At the latest amendment hearing before the Planning
Commission on June 28, 1995, it became clear that the requirement
for four parking spaces within each of the site's three building
envelopes would be highly problematical. However, since the
parking issue was not part of the application before the
Commission and had not been publicly noticed, the Commission was
unable to address the issue at that meeting. The applicant was
informed that a separate application would be required to address
the parking issue.
TleURON PLANNING COMMISSION
STAFF REPORT
Q/1,l,-g.5
1
EXHIBIT No.A
(
(
The applicant has filed for the modification of the parking-
related condition, as well as to clearly establish that fencing
is allowed outside of the building envelopes.
PROPOSAL & ANALYSIS
Parking
The applicant is requesting that Condition No. 13 of Town Council
resolution No. 2261, adopted in 1984, be revised to allow guest
parking spaces to be located outside of the building envelope.
The condition, as amended by Resolution No. 477-90 adopted in
1990, currently reads as follows:
Two guest parking spaces shall be provided on each site,
within the building envelope, for a total of a minimum of
four spaces per unit.
Revised language as proposed by the applicant is as follows:
Four parking spaces shall be provided on site, two spaces
within the building envelope and two spaces between the
building envelope and the street on the driveway approach.
staff supports the thrust of the request, since it is apparent
that providing four parking spaces within each building envelope
would be an amazing feat given the topography of the site. Staff
is unaware of any other Precise Plan with such an unorthodox
condition, and cannot justify its imposition in this case.
Staff's main concern is that the relocated guest parking be
placed near the homes and not blocking vehicular passage along
the Stevens Court. The applicant's proposed language resolves
this concern; however, Staff suggests some wording changes such
that the finalized condition read as follows:
A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and Steven's Court on
the driveway approach to the residence. Parking spaces
shall not be located in a manner which would interfere with
vehicular access along Stevens Court.
This language is included as Condition No. 4 of the draft
Resolution (Exhibit 1).
Fencing
The applicant is also requesting that the issue of fencing
outside of building envelopes be addressed in the Precise Plan.
The Precise Plan is currently silent on this issue.
TlBURON PLANNING COMMISSION
STAFF REPORT
W1.l1tl.5
2
(
(
The applicant-proposed language is as follows:
Fencing shall be allowed to be built at the property lines
but shall not interfere with the road easement.
staff believes that Precise Plans of this vintage (1980) did not
address fencing because the normal Zoning Ordinance provisions
concerning fencing were intended to apply. These are the same
provisions which apply to all surrounding homes in the vicinity
of the project.
Later in the 1980's, as Tiburon began to approve developments on
the open hillsides and ridgelines, some Precise Plans included
language limiting or prohibiting fences outside of building
envelopes, in order to preserve the open view of the hillsides
and ridgelines for the general public. Given the very low public
visibility of this site, being tucked into a rather narrow draw,
Staff believes that the ordinary provisions of the Zoning
Ordinance with respect to fencing are most appropriate. Staff's
recommended language for addressing the fencing issue is as
follows:
Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SPl, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. The Design Review
Board shall review all proposed fencing more than 3~ feet in
height for compatibility with surrounding development.
This language is contained in Condition No. 2 of the draft
Resolution.
Consolidation of Conditions
Town Staff is very concerned that the repeated amendments to this
Precise Plan over the course of the last several years has
created a very confusing situation for both Town Staff and
applicants. Resolutions No. 2261 (1980), No. 477-90 (1990), No.
3087 (1995), and No. 3101 (1995) leave a difficult trail to
follow when processing applications for homes on the site.
Modifications approved through this application would only make
matters more complex and the Staff more prone to make errors.
Staff has therefore taken the opportunity (with the blessing of
the applicant) to review and consolidate the previous approvals
and amendments into one clear and concise resolution which
contains all the remaining applicable conditions of approval, and
TlBURON PLANNING COMMISSION
STAFF REPORT
P/13/VS
3
(
(
refers only to the currently approved drawings. All previous
resolutions would be superseded as they relate to the Precise
Plan.
The majority of conditions in the various resolutions pertain to
pre-subdivision requirements which were long ago fulfilled;
several others are duplicates. Staff has been careful to ensure
that all pertinent conditions have been carried over into the new
draft Resolution.
staff is hopeful that the Commission will find the draft
Resolution a substantial improvement over the current jumbled
state of affairs for this Precise Plan.
EXHIBITS
1. Draft Resolution, including (reduced) plans as attachments.
2. Application form.
3. Vicinity Map.
4. Previous Resolutions proposed for consolidation.
\scott\fraigepc.rpt
TlBURON PLANNING COMMISSION
STAFF REPORT
""....
4
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RESOLUTION NO. 95-DRAFT
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FRAIGE SUBDIVISION
PRECISE PLAN (PLANNED DEVELOPMENT NO. 31); RECOMMENDING
CONSOLIDATION OF CONDITIONS OF PREVIOUS RESOLUTIONS;
AND RECOMMENDING THAT PREVIOUS RESOLUTIONS BE SUPERSEDED
TO THE EXTENT THAT THEY RELATE TO THE PRECISE PLAN
ASSESSOR PARCEL llilS.... 58-111-25 throuah .2..!l.
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
section ~ Findinas.
A. On September 19, 1984, the Tiburon Town Council approved a
Master Plan, Precise Plan and Tentative Map for the Fraige
subdivision. The Precise Plan, in Resolution No. 2261,
established development parameters (including primary
building envelopes and maximum house sizes) for 3 single
family lots. Some of the conditions of this Resolution were
modified by the adoption in 1990 of Planning commission
Resolution No. 477-90.
B. On April 19, 1995, the Tiburon Town Council approved an
amendment to the approved Precise Plan by adopting
Resolution No. 3087, which modified the building envelope
locations and imposed special height restrictions on the
portions of the building envelopes which were modified.
C. On July 5, 1995, the Town Council approved Resolution No.
3101 which further amended the Precise Plan by modifying
building envelopes and height restrictions. .
D. The Planning commission has received and considered an
application filed by Monahan Pacific to further amend the
Fraige Precise Plan to eliminate the requirement that four
parking spaces be located within the building envelope for
each parcel, and to allow for fencing outside of the
building envelope. The application consists of the
following:
1. Application form received 8/23/95.
2. Letter from Monahan Pacific dated 8/29/95.
3. site Plan and Sections, Sheets SP, SP-l, and SP-2,
prepared by the Bradley Group dated 6/22/95.
E. Because of the numerous previous modifications to the Fraige
Precise Plan, involving four prior resolutions, the Town is
Tiburon Planning Commission Resolution No. 95.0RAFT 9/13/95
1
EXHIBIT NO.-1-
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taking this opportunity to consolidate the remaining
applicable conditions of approval on the Precise Plan.
F. The official record for this project is hereby incorporated
and made part of this resolution. The record includes the
Staff Reports, minutes, application materials, and all
comments and materials received at the public hearing.
G. The Planning commission held a dUly-noticed public hearing
on September 13, 1995, and heard and considered testimony
from interested persons.
H. The Planning Commission finds the proposed parking and
fencing amendments recommended herein represent reasonable
limitations on the development of the property, in keeping
with the pattern of development in the surrounding
neighborhood. The Commission further finds that the
proposed amendments, as conditioned, will not adversely
affect other properties in the vicinity. Consolidation of
the remaining applicable conditions of approval will reduce
future confusion as individual home applications are
processed.
I. The Planning commission has found that the project is exempt
from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
Section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning commission
of the Town of Tiburon does hereby recommend to the Town Council
approval of an amendment to, and consolidation of, the conditions
of approval for the Fraige Precise Development Plan as ~ollows:
1. This Precise Plan approves three residential building sites
for single family detached homes.
2. Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SPl, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. The Design Review
Board shall review all proposed fencing more than 3\ feet in
height for compatibility with surrounding development.
3. All structures located within those highlighted portions of
the building envelopes for Parcels 1 and 2, as shown on the
attached Exhibit "A", shall be limited to 20 feet in height
as measured from existing grade along the uphill edge of the
building envelope and extending horizontally across the
Tiburon Planning Commission Resolution No. 95-0RAFT 9/13/95
2
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area of restricted height. No flat roofs shall be permitted
within the restricted height area. At no point shall any
structure exceed 30 feet above existing grade in any portion
of a building envelope.
3. The maximum gross floor area for each parcel shall not
exceed 3,600 square feet, including the garage.
4. A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. Parking spaces
shall not be located in a manner which would interfere with
vehicular access along Stevens Court.
5. All structures shall be subject to Site Plan & Architectural
Review approval by the Town. Each residence shall be
compatible with the surrounding neighborhood and shall
conform with the Tiburon Hillside Design Guidelines.
6. In conjunction with the first site Plan and Architectural
Review application submittal for the subdivision, a
landscape plan shall be submitted for review and approval by
the Design Review Board. Said plan shall provide for an
appropriate landscape screen between the private access
roadway and adjacent upslope properties. This screening
shall be installed in conjunction with the construction of
the first house in the subdivision. The purpose of the
landscaping shall be to screen views of the access road from
the upslope neighboring properties. The screen shall be
designed to use a variety of plant species and types for the
purpose of creating an informal and natural-looking screen
rather than a formal and monotonous hedge.
Prior to the issuance of the first building permit ~or the
subdivision, a monetary security adequate to ensure the
installation and maintenance of the landscape screening
shall be deposited with the Town. The deposit shall be
refunded not less than three (3) years after satisfactory
completion and successful establishment of the landscape
screen.
7. No grading or earth movement shall be permitted within the
presently existing dripline of the oak tree on Parcell.
Construction fencing shall be installed and maintained along
the edge of the oak tree dripline prior to the commencement
of any grading, site preparation, or construction activity.
8. The site preparation and construction on Parcel 3 shall be
carefully performed in order to minimize impacts on nearby
trees. Construction fencing shall be installed and
maintained along.the dripline of potentially affected oak
Tiburon Planning Commission Resolution No. 95-0RAFT 9/13/95
3
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trees prior to the commencement of any grading, site
preparation, or construction activity.
9. Prior to the issuance of a building permit for any parcel in
the subdivision, an appropriate instrument shall be recorded
with the Marin County Recorder's Office which modifies the
configuration of the Access and utilities Easement shown on
PM 5-90 to be consistent with the approved Precise Plan.
This condition specifically refers to the easement line
across Parcel 2. In addition, the stated purpose of the
easement across Parcels 1 and 2 shall be expanded to include
landscape screening as required by Condition No. 6 above.
10. Prior to issuance of a building permit, the Town Engineer
shall review the drainage plans of individual parcels for
conformance with the Town's Single Family Drainage
Requirements.
11. All applicable conditions of the Tiburon Fire Protection
District shall be met prior to issuance of a building
permit.
12. Connection to sanitary District No.5 is required. All
applicable conditions of the District shall be met prior to
issuance of a building permit.
13. Domestic water supply shall be provided by Marin Municipal
Water District. All applicable conditions of the District
shall be met prior to issuance of a building permit.
14. Hours of construction shall be limited to those set forth in
Chapter 13 of the Tiburon Municipal Code.
15. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on September 13, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
MARYLYN SIEWERT, CHAIR
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission Resolution No. 95-DRAFT 9/13/95
4
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c:'.)r'~=EN r:>QC 1:/S:43~1~~5~-2414 "'" 4154352433-
d15035<036 TOWN OF TlB../,,:J,'l(
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!lB!23/1995
1d:55
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TOWN OF neURON
COMMUNITY DEVELOPMeNT DEPARTMENT
LAND DEVELOPMENT APPLICATION
TYPE OF APPUCATI~
o Condfti~t ~.e 'e~~it
o Canc~tUl' NaUer ,taft
o 'efttlttwo SubdfViJI~ Mep
Overt.,..
)t. 'r.Clse DneLop.nt PI,."
c....""'~~.
o Si9" '.,,..It
Olin.' SYbdivi.ion Mep
o ..'~iftt,~reJOnI",
o Lot I.IM Ujua~\:
d' Del'''' "",Iftl
o .,.U p.....i'
Of,." ".f""IIII1t
o Gtfter.l Pl_" ~nt
o lor,,", Jnt "'~t
a P.ru' Map
o U~...rl;Mlld ".",'or
o Cert'flcate of Compliance
o Other
APPLICANT REQUIRED INFORMATION
1.
Assessor Farce 1 (8): :;-8- 1/1 - Z s-; C b, Z r-
zoning: 'K1'l) General Plan Designation: mL Cv;>..lo )./ dv)..c.~)
Property Address: ~€N':. ~\J.zr /~~Nt;,. \...ANE:
Property Owner Nlll'De: t\loNAtIH~ ~~
Mailing Address: lo4o 'g s:;-: -tl:Boc>
C1ty, State, Zip: SAN ~ Cpo.. 94,'\0\
Phone NUlllber:~~' ~OD FAX Number: 4sto. '2411
AppUcant Nll.me: SAMe AS AeotJe./'1l1tM~ ~AA\I\N ~.
.
Mailing Address: ~~.
city, state, ~ip:
2,
3.
4.
:i.
Phone NUlI1ber:
FAX tlllMftr:
6. Property Size:
7. Please briefly deseribe the purpose of the application (what you want
to accomplish. attach separate sheets it needed).
A-O.i}ST PA12t:<<.I'l~ ~\Jl(l.M~ G? BlJlWl\l~ ~fl rPI=.<
ACJu~ ~CING-- ~~t~E:NfS @ ~\lO(~ ~Va..oPeS
Signature: ~ 1M-
~~wner ____Applicant (must have signed letter from owner)
13.
. _00 NOT WRITE BELOW THIS LINE
DEPARTMENTAL PROCESSING INFORMATION
Ap~lIcal'o" No.: 39<;04
081& Aecell/tel. B -73 - 9S-
EXHIBIT NO.~
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81!~1/1992 02:49
41545t 73
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PAG~ 01
MONAHAN PACIfIC
8/29/95
7611 0.1.
From
, Co
...
Seen Anderson
To,\IT1. of1'ibulon
11 ~~ T,buron BOlllevard
Tiburon, c" 949211
hor/EI ~ 4.f Q.... Of.Oo'
Fax..
RE
Steven \ Court Precise Plan Amedrnents
RECEWED
AUG 2 9 1995
Dear Scott,
TOWN OFTI8URON
PLA;,:"NG & 13UiLDING DEPT. -
Here is our propoS<Xllalguage for the precis< plan amendrnerJs.
Itern 13 10 clunge 10:
four ""rk,r.g ....ccs shall be prOVlded 011 site. two '""ces ",tll in tlle buddmg envelope and two
spaces bel wee. the bullding envelope and the street on the drIveway approch.
New item 10 be .dded.
Fer.cing shall be allowed 10 be built at the property hnes but shall nol interfer ",th road
easement
Thank you for scheduaUng us on the September D, 19>5 agenda. We would also like to set. city councll
date immedlau;' followmg planning conurusslon.
{.(;. Ollttn Russel
Ste,e Murch
Jay Hallberg
Tom Monah.in
10<<0 B 3"1"~' . s","v Kc. . Sa.. ~,,/a!!,l. Ca:llo'.n,.. . .H<1C' . "1 ~'''~6-(if.O:) . FA)t 41~.4~~-:?414 . I..ICe"'lS(l No 4131 :<..2
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EXHIBIT No.3
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=_;111
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RESOLUTION NO. 2261
A RESOLUTION OF THE TIBURON TOWN COUNCIL
APPROVING THE PRECISE PLAN AND TENTATIVE MAP
FOR THE DEVELOPMENT OF 3 ACRES OFF SPRING LANE
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
-
Section 1. Findinqs.
A. The Planning Commission and Town Council have held public hearings
to consider the Master and Precise Plan, submitted by William
Kuhns for the development of 3 acres located off Spring Lane,
consisting of the following:
1. "Tentative Map, revised 7/12/84" I prepared by Frost, Meglie
and Associates.
2. Geological Investigation by Hardin-Lawson Associates, dated
July 17, 1981.
B. The Town Council has considered the environmental impact of the
proposal and has adopted a Negative Declaration of Environmental
Impact based on the geological reconnaissance report prepared by
Harding-Lawson Associates.
C. The Town Council has reviewed the Master and Precise Plan and
finds the proposal to be consistent with the Tiburon General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon approves the proposed Precise Plan subject to the following
conditions:
~~~-
..
1. A Final Subdivision Map shall be submitted in accordance with
the requirements of the Town Engineer, inclUding those in his
letter of August 13, 1984.
2.
The applicant shall comply with all conditions and
requirements of the Tiburon Fire District, inclUding those
stated in the Fire Marshal's letter of August 15, 1984.
The project soils engineer shall visit th~ site and provide
written assurance to the satisfaction of the Town Engineer
that site conditions are consistent with earlier findings. If
so, all conditions and requirements of the soils report
prepared by Harding-Lawson Associates, dated June 8, 1979, and
the geological investigation dated July 17, 1981 shall be
fulfilled. If site conditions are inconsistent with earlier
findings, the Town Engineer should inform the Town Council
that this condition has not been satisfied and the TOwn
Council should again consider the Precise Plan and any other
conditions of approval.
3.
4.
Each dwelling within the proposed development shall be subject
to site plan and architectural approval in accordance with
Section 11 of the Zoning Ordinance.
5.
The applicant shall submit the necessary documents to dedicate
in perpetuity to the Town of Tiburon in fee title the area
identified as "Area to be Dedicated, 24,960 square feet" prior
to recordation of the Fin~l Map.
All utilities serving the development shall be underground.
All utllltles shall be guaranteed by the servlng dlstrlct or
company in writlng prlor to the recordatlon of the Fln,Jl Nap.
6.
- 7.
EXIDBIT NO.!1=-
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8. The maximum square footage shall not exceed 3,600 square feet
per each unit of gross floor area including the garage.
. -
9. Stabilization of the proposed dedicated open space shall be
done in a manner acceptable to the Town Engineer, prior to
recordation of the Final Map.
/
..
10. Conditions, Covenants and Restrictions or a maintenance
agreement shall be submitted to the Department of Community
Development for review and approval by the Town Attorney. The
C.C. & R. 's or maintenance agreement should clearly state the
responsibility for maintenance of the roadways between the
property owners and should guarantee the maintenance of the
roadway in perpetuity.
11. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
12. The applicant shall comply with the provisions of any
Ordinance of the Town requiring contributions to a Tiburon
Boulevard traffic improvement fund.
13., Two guest parking spaces shall be provided on each site,
within the building envelope, for a total of four spaces.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on September 19, 1984 by the following vote:
AYES: COUNCILMEMBERS: Spratling, Bergmann, Coxhead,
Smith
",
NOES: COUNCILMEMBERS: None
..
ABSENT: COUNCILMEMBERS: None
LARRY SMITH, ~~YOR
Town of Tiburon
ATTEST:
R. L. KLEINERT, TOWN MANAGER/CLERK
Date drafted: 9/14/84
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RESOLUTION NO. 477-90
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A RESOLUTION OF THE PLANNING CO~l~lISSION
OF THE TOWN OF TIBURON APPROVING
A TENTATIVE MAP TIME EXTENSION FOR THE
3-LOT I1INGR SUBDIVISION NEAR THE INTERSECTION
OF SPRING LANE AND ROLLING HILLS ROAD
(AP NO. 58-111-19~
WHEREAS. the Planning Commission of the Town of TiblJr-on does
resolve as follows:
Sectiun 1.
Finrll'1IJS.
A. An applicatiol' for Tentative Map time extension has been
received from Mr. William Fraige to extend the Tentative
Subdivisio" Map approval granted by the Town in September,
1984.
B. The application consists of the following:
1. Application materials received 9/13/89.
2. Tentative '''lap dated t1ay, 1G79, received 9/13/89.
prepared by Frost-Megiia Associates.
3. Soils report prepared by Hat-ding-Lawson Associdtes
dated June 8. 1979.
4.
Geoloqical
A~soci~tes
Investigation prppared by Harding-Lawson
d a t ed J u I y 17, 1981.
C. A Negative Declaration for this project was previously
certified by the Town.
D. The proposal conforms with provisions of the RPD-l zone and
~eets the requirements of Chapter 14 of the Town Code
regulating subdivisions.
E. The proposal, as modified by added cOI,ditions of approval.
is stJbstantially consistent with the TOW'1'S General Plan
goals and policies.
F. The Planning CommIssion has held d dLtlv-noticed public
hearing on ~Jovember 8. 1989. and has held an additia"al
mf.?etInq an Ja.nuary 10, 1990 to discl.J'::is t~11S item, and lIdS
conslder-ed all testimony in r17ndr?rlng its deciSIon.
Planning Commission Resolution No. 477-90
1110/90
Page
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NOW, THEREFORE, BE IT RESOLVED that the
extension 15 hereby approved subj~ct to
requirements set forth as follows:
Tentative Mac time
the conditions and
E~aineerino ~nd Improvement
1. All improvements shown an the Tentative Map and all
:J" j-equirements of the Town Engineer shall be performed
prior to approval of the Parcel Map, including those in
J his letter dated August 13, 1984. In the event that
~ .r" improvements shawn on the Tentative Map or requir-ed by
~r<-f tJ;.rf'" the Town Eng i neer canno t be made pl' i or to app'-ova 1 of
f'vr(; Ii the Parcel f'lap, an improvement aqreem.",t satisfactory
r'~ ~ to tt,e Tnwn Enaineer and Town Attol-ney shall be
, executed by the applicant flnancially guaranteeing that
the improvements shall be made within a specified
period of time. Provision of all essential utilities
to the site shall be demonstrated to the satisfaction
of the Town Engineer.
2. .
All utilities serving the development shall be
inst~lled underground.
3. The project sails e~gil'eer shall visit thE site and
provide written assurance to the satisfaction of the
Town El'gine~r that site conditions are consistent with
earlier findings. If so, all conditions and
r2quir~ments of the soils report prep6red by Harding-
Lawson ASSOCIates. dated June 8, 1979, and the
geological investigation dated July 17, 1981 shall be
fulfilled. If slte conditions are inconsistent with
earlier findinQs, the Town Engineer shall "inf~rm the
Planning Commission that this condition has not b~en
satisfied and shall recommend possible methods by whiCh
the condition can be met. These methods may involve
modifications to the Master Plan, Precise Plan, and
Tentative Subdivision Map approvals.
4. All en9ineering stcindards 611d 5Decifications
includIng, but nat limited to, drainage, erosion
contl-ol, grading. soils. C011struction crlteria. and
traffIC control shall be subject to review dnd approval
bv the "I"owr, Englneer.
5. P,-io;- to approval of t;he Pal-eel mdQ, c1 dE...1POSlt s~lall b,~
p8sted to the satisfaction of t:he fown Enqlr-18er 1.0
en~ure that curb and Gutter or other 3tr~et dalndce
occurri~g during the C01Ji-Se of gl-ading. constr~ctlan.
or othel- ~C~ivlty ~lll be repBlri?d.
Planning Commission Resolution No. 477-90
1/10/90
Page
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6.
All engIneering requi,-ements and starldards. including
but not limited to. clrainaQe~ dust control. erosion
control and winterization, soils stabilization.
construction criteria, arId grading shall be subject to
review by the Town Engineer.
7. Unless specifically authorized by the T"own Engineer,
all earth movement shall be limited to the non-rainy
season (may through October).
B. Stabilization of the proposed dedicated Open space
shall be done in a manner acceptable to ttle Town
Engineer prior to approval of the Parcel Map.
Affected Aaencies
9. All requirements of the Tiburon Fire Protection
District shatl be met prior to approval of the Parcel
Map, including those in the letter dated 10/12/89.
10. DomestIc water shall be supplied by the Marin Municipal
Water District. A letter from the District confirming
the availability of water shall be reouired prior to
issuance of building permits for the property.
11. Connection to the Sanitary District No.5 is required.
All requirements of the District shall be met.
Planninq Deoartment
Lhe property owner shall submit the necGss~:y
documents, prIor to approval of the Par"eel Map, ~Q a
form accepta151e to thelc:'-"'-n-ATtorney-,--to~de:drc..ate_in
perpe tUl ty to tl,-e~=:Ibl"'~O-i---rrbu-ron in feet-i t 1. e the area
-----=- '. - - . -.- -_. ---- -
Identlfled Q_~re~ tQ-be--Deci.1C:ilt.ed'-~.?~_L~?U squal.-e _.
~feet" on the TeflJ,ative Map. ____
All residences shall be subject to Site Plan and
Architectural Review. Each l-esidence shall be
compatible with the surroundi~g neighborhood and shdll
conform with the Tiburon l~illslde DeSIgn Guidelir12S.
The site prepa~ation and con5trwction on Lot 3 shall be
carefully performed In order to minimize impacts on
nearby trees. A tree protection plan fo~ Lot 3,
prepared by a 1 icensed arbo\- i. st or land'3cape dl-ctll tee t;
shall be filed for r~Vlew and aoprovai b', tt1e Planninc!
Depar-tment in eonJ~netlon with the subdiviSIon
imcrovement plans prior to approval of th~ Pdl-cel MdP.
Planning Commission Resolution No. 477-90
1/ 10/90
Page
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15. Hours of gT.~ding, construction, and all other site
imol-ovements shall be limited to 8:00 a.m. to 5:00 p.m.
~Ionday through Fl-iday. unless otherwise authorized by
the Town Manager in limited special circumstances.
Noise generating equipment shall not be started prior
to 7:'..5 a.m..
16. Covenants. Conditions & Restrictions (CC~Rts) or a
-malntel1ance agr-eement shall be submitted to th~
Planning D~partmpnt fnr ~pview and approval by the Town
Engineel- and.-Io-I.rJt, Cl.ttol-ney. The CC&R's or maintenance
agreement shall clearly '5tate which pal-ties have
resDo'1sibility far maintenance of the roadway and its
associated retaining walls. and also should guarantee
the maintenance of the roadway and its associated
retaining walls in perpetuity.
17. Jiburon Boulevard Improvement fees shall be paid prior
to approval of the Parcel Map. Said fees shall be
-those in effect at the time of the filing of the Parcel
Map.
18.
as j-equired by Town
approval of the
Park and ReCl-eation in-lieu fees~
Ordinance. shall be paid prior to
Parcel r1ap.
~19.
~
~21.
/
The maximum gl-05S floor area for each lot shall 'lot
exceed 3,600 square feet. including the garage.
20. Prior to approval of Desig'l Review entitlements for
"residences 0'1 the three lots~ no tree removal nor
excessive trimming of trees shall OCCUl- without prior
writte., COl,sent of the Planning Department. The
purpose of this conditio,l is to enSU1-e that mature
trees on the site are protected until sllch t~me as
design review and landscape plan approvals have been
secured from the Town. ThIS condition also appli"es to
site preparation for i'lfrastructure placemellt.
Two guest parking spaces shall be provided on each
building site~ withil' the buildillg envelope~ fOI- a
total of a minimum of four spaces p~r unIt.
22. This Tentative Map time extensiun shall be valirf for
one year and shall e'<pire and become null and vOld
unlF.:'5s a Parcel Map is approved ~-:l.l1d l-<:;;oco,-ded or tJlllec;,s
allotner time extenSion IS qr611ted.
Planning Commission Resolutiol' No. 477-QO
1110/90
Page
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PASSED AND ADOPTED at d regular me~tiilg of the Planning
CommisslOT1 of t~le Town of Tiburan on January 10, 1990, by the
following vote:
AYES:
COMMISSIONERS: Thayer, Siewert~ BrlJnini~
Friedman~ Greenberg, & Nygren
;'JOES:
COfYH''-' I 5S I Of\lERS:
"Jane
ABSENT: COMMISSIONERS:
a:kuhns.i-es S~'\la
Planning Commission Resolution No. 477-90
1/ 1 0/90
Page
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F.
The Town Council has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15303 of the CEQA
Guidelines.
Section b Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve an amendment to the Precise Development Plan for the
Fraige subdivision as follows:
1. The Precise Plan for the Fraige subdivision is amended to modify the building
envelopes for the lots as shown on the Revised Envelope exhibits prepared by
Staff on 3-23-95. The amendments, as approved herein, will accomplish the
following:
-The building envelope for Parcell is moved eastward (uphill) 16 feet, and the
west downhill side of the envelope is reconfigured to avoid encroachment into the
dripline of the adjacent oak tree. It is intended that the total area of the envelope
equal the area of the enyelope as originally approved for the subdivision. In
addition, a reduced height limit of 15 feet shall be applied to the relocated
portions of the envelope as described in Condition #3 below.
-The building envelope for Parcel 2 is moved eastward (uphill) between 17 and 36
feet. The geometry of the envelope is changed from a rectangle to parallelogram
as shown on Exhibit A. In addition, a reduced height limit of 15 feet shall be
applied to the relocated portions of the envelope as described in Condition #3
below.
-The building envelope for Parcel 3 is moved eastward (uphill) 3 feet.
2. Prior to the issuance of building permits for any lot within the subdivision, an
appropriate instrument shall be recorded with the County Recorder's Office which
modifies the configuration of the Public Utilities and Access Easement consistent
with this approval. This specifically refers to the easement line across Parcel 2. In
addition, the stated purposes of the easement across Parcels 1 and 2 shall be
expanded to include landscape screening as required by Condition #4 below.
3. All structures, or portions of structures, constructed within those portions of the
building envelopes for Parcels 1 and 2, as modified by this amendment, which are
outside of the envelopes as originally approved and shown on the recorded parcel
map for the subdivision, shall be limited to one story (15 feet) in height. This
limitation is indicated on the attached Exhibit A.
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4.
In conjunction with the first Site Plan and Architectural Review submittal for the
subdivision, a landscape plan shall be submitted for review and approval by the
Design Review Board which provides for an appropriate landscape screen
between the roadway and adjacent uphill properties. This screening shall be
installed in conjunction with the construction of the first house in the subdivision.
The goal of the landscape design shall be to screen views of the access road from
the uphill neighbors. The screen shall be designed to use a variety of plant species
and forms for the purpose of creating an informal and natural looking screen
rather that a formal and monotonous hedge.
Prior to the issuance of the first building permit for the subdivision, a monetary
security adequate to ensure the installation and maintenance of the landscape
screening shall be deposited with the Town. This deposit shall be refunded not
less that 3 years after satisfactory completion and successful establishment of the
landscaping.
5. No grading or earth movement shall be permitted within the presently existing
dripline of the oak tree on Lot 1. Construction fencing shall be installed along the
edge of the oak dripline prior the commencement of any grading on lot 1.
6. All requirements and provisions of Resolution 477-90 shall remain in full force
and effect for the property, except as modified herein.
7.
Unless specifically stated in this approval, this amendment does not otherwise
affect any specific provisions of the Master Plan, Precise Plan, Parcel Map,
Subdivision Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agreement, or other approved instruments or Town approvals
associated with the subdivision project.
PASSED AND ADOPTED at a regular meeting of the Town Council on April
19, 1995, by the following vote:
AYES:
NOES:
COUNCILMEMBERS: Nygren, Thayer, Wolf
COUNCILMEMBERS: Thompson, Ginalski
/) 1~~~ <-
UOREW THOMPSON, M~YOR
Town of Tiburon
/l j' /~
ATTEST: 1/ II!:'
.{ ,/ I> ':'
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DIANE CRANE. TOWN CLERK
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RESOLUTION NO. 3101
A RESOLUTION OF TIlE TOWN COUNCIL OF TIlE TOWN OF TIllURON
APPROVING AN AMENDMENT OF TIlE FRAIGE PRECISE PLAN (PD 1131)
TO MODIFY HEIGHT LIMITATIONS AND ADJUST TIlE BUILDING
ENVELOPE FOR PARCEL 2 OF THE DEVELOPMENT
ASSESSOR PARCEL NOS. 58-111-25 THROUGH 28
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
St'ction.L Findings.
A. On St'ptember 19, 1984, the Tiburon Town Council approved a Master Plan,
Precise Plan and Tentative Map for the Fraige subdivision. The Precise Plan
established development parameters (including primary building envelopes
and maximum house sizes) for three single family building sites.
B. On January 10, 1990, the Planning Commission amended the Precise Plan
approval in conjunction with a time extension for the tentative map.
p
c.
On April 19, 1995, the Tiburon Town Council adopted Resolution No. 3087
approving an amendment to the Precise Plan which modified the building
envelope locations and imposed special height restrictions on the portions of
the bnilding envelopes which were modilied.
D. The Town has received and considered an application filed by Monahan
Pacilic to further amend the Fraige Precise Plan to modify the special height
limit imposed in Resolution No. 3087, further modify the buildrng envelope
for Parcel 2, and increase the allowable honse size for all three parcels. The
application consists of the following:
1. Application form received 5/3/95
2. Letter from Monahan Pacific dated 6/21/95
3. Site Plan and Sections, Sheets SP, SP-l, and SP-2, pr'epared by the
Bradley Group dated 6/22/95
4. Roadway Grading Plan prepared by J.L Engineering revised 6-19-95
The oflicial record for this projcct is hereby incorporated and made pan of
this resolution. The record includes the Staff Repol.ts, minutes, application
materials, and all comments and materials I'eceived at the public hcar'ings.
II
Tiburon Town Council ResolutIon No. 3101
715195
1
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RESOLUTION NO. 3101
A RESOLUTION OF TIlE TOWN COUNCIL OF TIlE TOWN OF TmURON
APPROVING AN AMENDMENT OF THE FRAIGE PRECISE PLAN (PD #31)
TO MODIFY HEIGHT UMITA TIONS ANn ADJUST THE BUILDING
ENVELOPE FOR PARCEL 2 OF THE DEVELOPMENT
ASSESSOR PARCEL NOS. 58-111-25 THROUGH 28
\VHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section L Findings.
A. On September 19, 1984, the Tiburon Town Council approved a Master Plan,
Precise Plan and Tentative Map for the Fraige subdivision. The Precise Plan
established development parameters (including primary building envelopes
and maximum house sizes) for three single famil)' building sites.
B. On January 10, 1990, the Planning Commission amended the Precise Plan
approval in conjunction with a time extension for the tentative map.
c.
On April 19, 1995, the Tiburon Town Council adopted Resolution No. 3087
approving an amendment to the Precise Plan which modified the building
envelope locations and imposed special height restrictions on the portions of
the building envelopes which were modified.
D. The Town has received and considered an application filed by Monahan
Pacific to further amend the Fraige Precise Plan to modify the special height
limit imposed in Resolntion No. 3087, further modify the building envelope
for Parcel 2, and increase the allowable house size for all three parcels. The
application consists of the following:
1. Application form r'eceived 5/3/95
2. Letter from Monahan Pacific dated 6/21/95
3. Site Plan and Sections, Sheets SP, SP-I, and SP-2, pr'epared by the
Bradley Group dated 6/22/95
4. Roadway Gr'ading Plan prepared by J.L Enginecring rcvised 6-19-95
The oflicialrecord for this project is hereby incorpor'ated and made part of
this rcsolution. Thc rccord includcs the Staff RCpOI.ts, minutes, application
materials, and all comments and materials rcccivcd at the public hcarings.
Tiburon Town Councll Resolution No 3101
1
715195
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E.
The Pl:tnning Commission held n duly-noticed public hearing on June 28,
1995, and heard and considered testimony from interested persons. The
Planning Commission adopted Resolution No. 95-13 recommending npprovnl
of the requested building envelope adjustment for Parcel 2; recommending
approval with modilications of the request io adjust the height limits on
Parcels I and 2; and recommending denial of the requested honse size limit
increases on all three parcels.
F. The Town Conncil has found the modifications recommended by the
Planning Commission represent reasonable limitntions on the development of
the property, in keeping with the pattern of development in the surrounding
neighborhood. The Council further finds that the amendments, as
conditioned, will not adversely affeet other properties in the vicinity.
The Town Council finds that the npplicant's request to increase the allowable
house size limit for residences in the project would have a negative visual
impact on adjncent properties by increasing the mass and visible bulk of the
structures. The proposed house sizes are substantially larger than existing
houses in the immedinte vicinity, including the new residence at 211 Round
Hill Road. The Town Council further finds that the npplicant has provided
no compelling reason to approve lnrger house sizes for the project, nor
demonstrnted any benelit to the public henlth, safety, or general welfare to
warrant a change to the zoning f'estrictions properly placed on the project by
the Town.
H. The Town Council has found that the project is exempt from the
reg uirements of the California Environmental Quality Act per Section 15303
of the CEQA Guidelines.
Section L Annrovnl.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town ofTiburon does hereby approve an amendment of the Precise Developmcnt
Plnn for the Fraigc subdivision as follows:
1. The Prccise Plan for thc Fraige subdi,'ision shall be amended to modify the
building envclope for Lot 2 as shown on the Site Plan prcpared by the
Bradley Group (Shcet SP) dated 6-22-95. This amcndmcnt would providc a
more rcgular relationship between the building cnvclope and the edge of thc
driveway turnarollnd.
2. Condition #3 of Town Council Resolution No. 3087 shall bc rcvised to read:
I
Tiburon Town Council Resolution No 3101
7/5/95
2
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"3.
All structures, or pOI.tions of strncturcs, constructed within thosc
ponions of thc building cuvelopcs for Parccls 1 and 2, as modificd by
this amendment, which arc outside of the cnvclopcs as originally
appl'ovcd and shown on the recol'dcd palTcl map for the subdivision,
shall bc limitcd to 20 fcet in height as mcasured from cxisting grade
along thc uphill cdge of the building envclope and extcnding
horizontally across the arca of restricted height. At no point shall any
structurc cxceed 30 fcet above cxisting grade. This height limitation
is indicated on the attached Exhibit A. No nat roofs shall be
permitted within the restricted height area."
3. Refercnces to a 15' height limit contained in Coudition #1 of Town Council
Resolution No. 3087 shall be changed to renect a 20' height limit.
4. The building envelope for Parcel 3 is recognized to be that shown on Sheet
SP prepared by the Bradley Group dated 6/22/95. This renects the envelope
approvcd by the Town Council in Resolution No. 3087. No changes to this
envelope are contemplated by this amendment.
5.
Unlcss spccifically stated in this approval, this amendment does not otherwise
affect any spccific provisions of the Master Plan, Precise Plan, Parcel Map,
Subdivision Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agrcement, Planning Commission Resolution 477-90, Town
Council Resolution No. 3087, or other approved instrumcnts or Town
approvals associated with the subdivision project.
~
PASSED AND ADOPTED at a regular mecting of the Tibul'on Town Council
on July 5, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COl1NCIL!\lEl\IllERS: Ginalski, i\"ygren, Thayer & Wolf
COl1NCILl\IE!\IllERS: None
COUNCILl\IEl\IllERS: Thompson
I
ATTEfl]L_
DIANE CRANE, TOWN CLERK
;?/~.
MARK GINALSKI, VICE-l\IA YOR
TOWN OF Tllll1RON
Tlburon Town Council ReSOlution No 3101
715195
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RESOLUTION NO. 95-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FRAIGE SUBDIVISION
PRECISE PLAN (PLANNED DEVELOPMENT NO. 31); RECOMMENDING
CONSOLIDATION OF CONDITIONS OF PREVIOUS RESOLUTIONS;
AND RECOMMENDING THAT PREVIOUS RESOLUTIONS BE SUPERSEDED
TO THE EXTENT THAT THEY RELATE TO THE PRECISE PLAN
ASSESSOR PARCEL HQS... 58-111-25 through 2..!l.
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
Section ~ Findinas.
A. On September 19, 1984, the Tiburon Town Council approved a
Master Plan, Precise Plan and Tentative Map for the Fraige
subdivision. The Precise Plan, in Resolution No. 2261,
established development parameters (including primary
building envelopes and maximum house sizes) for 3 single
family lots. Some of the conditions of this Resolution were
modified by the adoption in 1990 of Planning Commission
Resolution No. 477-90.
B. On April 19, 1995, the Tiburon Town Council approved an
amendment to the approved Precise Plan by adopting
Resolution No. 3087, which modified the building envelope
locations and imposed special height restrictions on the
portions of the building envelopes which were modified.
C. On July 5, 1995, the Town Council approved Resolution No.
3101 which further amended the Precise Plan by modifying
building envelopes and height restrictions.
D. The Planning Commission has received and considered an
application filed by Monahan Pacific to further amend the
Fraige Precise Plan to eliminate the requirement that four
parking spaces be located within the building envelope for
each parcel, and to allow for fencing outside of the
building envelope. The application consists of the
following:
1. Application form received 8/23/95.
2. Letter from Monahan Pacific dated 8/29/95.
3. Site Plan and Sections, Sheets SP, SP-l, and SP-Z,
prepared by the Bradley Group dated 6/22/95.
E. Because of the numerous previous modifications to the Fraige
Precise Plan, involving four prior resolutions, the Town is
Tiburon Planning Commission
Resolution No. 95.16
9113195
1
EXHIBIT No.A
taking this opportunity to consolidate the remaining
applicable conditions of approval on the Precise Plan.
F. The official record.for this project is hereby incorporated
and made part of this resolution. The record includes the
Staff Reports, minutes, application materials, and all
comments and materials received at the public hearing.
G. The Planning Commission held a duly-noticed public hearing
on September 13, 1995, and heard and considered testimony
from interested persons.
H. The Planning Commission finds the proposed parking and
fencing amendments recommended herein represent reasonable
limitations on the development of the property, in keeping
with the pattern of development in the surrounding
neighborhood. The Commission further finds that the
proposed amendments, as conditioned, will not adversely
affect other properties in the vicinity. Consolidation of
the remaining applicable conditions of approval will reduce
future confusion as individual home applications are
processed.
I. The Planning Commission has found that the project is exempt
from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
Section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby recommend to the Town Council
approval of an amendment to, and consolidation of, the conditions
of approval for the Fraige Precise Development Plan as follows:
1. This Precise Plan approves three residential building sites
for single family detached homes.
2. Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SPl, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. All fencing, even
if less than 3 1/2 feet in height, shall receive Site Plan
and Architectural Review approval.
3. All structures located within those highlighted portions of
the building envelopes for Parcels 1 and 2, as shown on the
attached Exhibit "A", shall be limited to 20 feet in height
as measured from existing grade along the uphill edge of the
building envelope and extending horizontally across the
Tiburon Planning Commission
Resolution No. 95-16
9113195
2
area of restricted height. No flat roofs shall be permitted
within the restricted height area. At no point shall any
structure exceed 30 feet above existing grade in any portion
of a building envelope.
4. The maximum gross floor area for each parcel shall not
exceed 3,600 square feet, including the garage.
5. A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. The hammerhead
turnaround area may not be used to satisfy the parking
requirements of individual parcels. Excess guest parking
may be allowed in the hammerhead area if approved in writing
by the Tiburon Fire Protection District.
6. All structures shall be subject to site Plan & Architectural
Review approval by the Town. Each residence shall be
compatible with the surrounding neighborhood and shall
conform with the Tiburon Hillside Design Guidelines.
7. In conjunction with the first site Plan and Architectural
Review application submittal for the subdivision, a
landscape plan shall be submitted for review and approval by
the Design Review Board. Said plan shall provide for an
appropriate landscape screen between the private access
roadway and adjacent upslope properties. This screening
shall be installed in conjunction with the construction of
the first house in the subdivision. The purpose of the
landscaping shall be to screen views of the access road from
the upslope neighboring properties. The screen shall be
designed to use a variety of plant species and types for the
purpose of creating an informal and natural-looking screen
rather than a formal and monotonous hedge.
Prior to the issuance of the first building permit for the
subdivision, a monetary security adequate to ensure the
installation and maintenance of the landscape screening
shall be deposited with the Town. The deposit shall be
refunded not less than three (3) years after satisfactory
completion and successful establishment of the landscape
screen.
8. No grading or earth movement shall be permitted within the
presently existing dripline of the oak tree on Parcell.
Construction fencing shall be installed and maintained along
the edge of the oak tree dripline prior to the commencement
of any grading, site preparation, or construction activity.
Tiburon Planning Commission
Resolution No. 95-16
9/13/95
3
9. The site preparation and construction on Parcel 3 shall be
carefully performed in order to minimize impacts on nearby
trees. Construction fencing shall be installed and
maintained along the dripline of potentially affected oak
trees prior to the commencement of any grading, site
preparation, or construction activity.
10. Prior to the issuance of a building permit for any parcel in
the sUbdivision, an appropriate instrument shall be recorded
with the Marin County Recorder's Office which modifies the
configuration of the Access and utilities Easement shown on
PM 5-90 to be consistent with the approved Precise Plan.
This condition specifically refers to the easement line
across Parcel 2. In addition, the stated purpose of the
easement across Parcels 1 and 2 shall be expanded to include
landscape screening as required by Condition No. 7 above.
11. Prior to issuance of a building permit, the Town Engineer
shall review the drainage plans of individual parcels for
conformance with the Town's Single Family Drainage
Requirements.
12. All applicable conditions of the Tiburon Fire Protection
District shall be met prior to issuance of a building
permit.
13. Connection to Sanitary District No.5 is required. All
applicable conditions of the District shall be met prior to
issuance of a building permit.
14. Domestic water supply shall be provided by Marin Municipal
Water District. All applicable conditions of the District
shall be met prior to issuance of a building permit.
15. Hours of construction shall be limited to those set forth in
Chapter 13 of the Tiburon Municipal Code.
16. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
Tiburon Planning Commission
Resolution No. 95-16
9113195
4
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on September 13, 1995, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COMMISSIONERS: Greenberg, Heckmann, Schrier &
Siewert
COMMISSIONERS: None
COMMISSIONERS: Woo
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission
Resolution No. 95-16
MARYLYN SIEWERT, CHAIR
Tiburon Planning Commission
9113195
5
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TYl0NAHAN PACIfIC
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9/14/95
RECr-:;~~JeD
SEP 1 4 1995
TOWN OF TISURON
PLA:,NING & BUILDING DEPT.
Fire Marshall
Town of Tiburon
Re: The use of the Hammerhead at Steven's Coun
The driveway hammerhead off of Steven's Court was designed to serve two purposes. First, to provide
access and turn around space for fIre trucks and other service vehicles; and second, to serve as a driveway
for the home on which property it lies.
To facilitate the first purpose the hammerhead was increased in size from the original design shown on the
precise plan on record with the town of Tiburon to be 35' long from the center of Steven's coun to the end
of the hammerhead and 30' wide, as currently depicted on the drawing by The Bradley Group dated
6/21/95. This space, that is perpendicular to Steven's Coun, fulfills the needs of the fIre department and
the wings of the hammerhead need not be included as part of the hammer head to so.
The second purpose of the hammerhead is to serve as a driveway for the house whose front yard and vehicle
access it would otherwise greatly diminish. The wings of the hammerhead are intended to be utilized solely
by the home owner as a driveway and should be available to be used as any normal driveway would be by
the homeowner.
Guest parking in the wings of the hanuner head do not interfere with the needs of the fIre department and
can be used, as far as the fIre department is concerned, as part of the required parking space for the home
whose property it encroaches..
Monahan Pacillc Corporation
~~5-
Projcct Development Manager
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EXHIBIT No.L
1040 B Street - SUIte 300 . '~-:n 1;11;1.'1 C~i.i()rn,l . '~'10\ . .~lL,..1')t)'G!/}O . ~...^ 4'~;-4'i6';!414 . l. cen'ie No o.lHl',.\:l
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SEP 1 4 1995
TOWN OF TI8URON
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9/1419j
Soon Andel'lOl1
Town of Tiburon, Planning Department
I Uj Tiblll'On Boulevard
Tlblll'On. Clo. 94920
Re: SleYens Court Parking
Dear SootI,
We wouI4 like 10 suggest the following text for the molulion:
A minimum of fow (4) par:k.tng $\*CS shall be provided on each puceltwo 'Jl8ccs within the building
envelope and two spa<lCS bet..-. the building envelope and SIC\'ens Court on the driveway approach 10 the
l'ClIidcnce. Parking spa<:es shall noX be Ioc:atecl in I manner which would interfere with vehicular access
along SteVCl\S Court. The ''''lI1m"r head. as required for emergency vehicle nun IIIOUIllI by the Tiburon Fin:
Depenrocnt. is 4efmecl as that portion of ral4way perpendicular 10 the St=Vcns Court main roadW3)' and is
shown on the attached 4ra\\ing "SteVCIlli Court parcel 2 and HammerHead Puking Ptan, 9/14/9S'. The
wings ()(f of the hammer head may be available to for parking. one side to be IIIed by tliC house on Parc<:1
2 as a driveway and count for two (2) spaces cl requirod parking; and the other side shall be available for
public parking
Thank )'Qu for your time in ",.ponchng on this maler. If ~-ou have MY queSllons plC83C feel free to call.
cc. Colin Russel
Tom Monahan
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02/0&/1992 09:14
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING THE FRAIGE PRECISE PLAN
(PLANNED DEVELOPMENT NO. 31) AND SUPERSEDING
PREVIOUS RESOLUTIONS THEREFOR
(1, 5 & 9 STEVENS COURT)
ASSESSOR PARCEL ~ 58-111-25. 22 ~ 22
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section ~ Findings.
A. On September 19, 1984, the Tiburon Town Council approved a
Master Plan, Precise Plan and Tentative Map for the Fraige
subdivision. The Precise Plan, in Resolution No. 2261,
established development parameters (including building
envelopes and maximum house sizes) for three (3) single
family lots. Some of the conditions of this Resolution were
modified by the adoption in 1990 of Planning Commission
Resolution No. 477-90.
B. On April 19, 1995, the Tiburon Town Council approved an
amendment to the Precise Plan by adopting Resolution No.
3087, which modified the building envelope locations and
imposed special height restrictions on portions of building
envelopes.
C. On July 5, 1995, the Town Council approved Resolution No.
3101 which further amended the Precise Plan by modifying
building envelopes and height restrictions.
D. The Town Council has received and considered an application
filed by Monahan Pacific to further amend the Fraige Precise
Plan to modify the requirement that four parking spaces be
located within the building envelope for each parcel, and to
allow for fencing outside of the building envelope. The
application consists of the following:
1. Application form received 8/23/95.
2. Letter from Monahan Pacific dated 8/29/95.
3. site Plan and Sections, Sheets SP, SP-l, and SP-2,
prepared by the Bradley Group dated 6/22/95.
The Planning Commission reviewed the application at a public
hearing held on September 13, 1995 and adopted Resolution
No. 95-16 recommending approval of the application and
consolidation of previous conditions of approval.
Tiburon Town Council
Resolution No.
9120195
1
EXHIBIT NO.~
E. Because of the numerous previous modifications to the Fraige
Precise Plan, involving four prior resolutions, the Town
Council with assent of the applicant is taking this
opportunity to consolidate the remaining applicable
conditions of approval on the Precise Plan, and supersede
the previous Resolutions approving the Precise Plan.
F. The official record for this project is hereby incorporated
and made part of this resolution. The record includes the
Staff Reports, minutes, application materials, and all
comments and materials received at the public hearing.
G. The Town Council held a dUly-noticed public hearing on
September 20, 1995, and heard and considered testimony from
interested persons.
H. The Town Council finds the parking and fencing amendments
approved herein represent reasonable limitations on the
development of the property, in keeping with the pattern of
development in the surrounding neighborhood. The Town
Council further finds that the proposed amendments, as
conditioned, will not adversely affect other properties in
the vicinity. Consolidation of the remaining applicable
conditions of approval will reduce future confusion as
individual home applications are processed.
I. The Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per
Section 15303 of the CEQA Guidelines.
section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
Commission of the Town of Tiburon does hereby approve amendments
to, and consolidate herein, the previously-adopted conditions of
approval for the Fraige Precise Plan (Planned Development No. 31)
as follows:
1. This Precise Plan approves three building sites for single
family detached homes.
2. Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SPl, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. All fencing, even
if less than 3~ feet in height, shall receive site Plan &
Architectural Review approval.
Tiburon Town Council
Resolution No.
9120195
2
3. All structures located within those highlighted portions of
the building envelopes for Parcels 1 and 2, as shown on the
attached Exhibit "A", shall be limited to 20 feet in height
as measured from existing grade along the uphill edge of the
building envelope and extending horizontally across the area
of restricted height. No flat roofs shall be permitted
within the restricted height area. At no point shall any
structure exceed 30 feet above existing grade in any portion
of a building envelope.
4. The maximum gross floor area for each parcel shall not
exceed 3,600 square feet, including the garage.
5. A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. The hammerhead
area, as required for emergency vehicle turnaround by the
Tiburon Fire Protection District, is defined as shown on
attached Exhibit "B". The wings of the hammerhead may be
available for parking, one wing to be used by Parcel 2 as a
driveway and count for required parking, and the other wing
shall be available for excess guest parking within the
subdivision.
6. All structures shall be subject to site Plan & Architectural
Review approval by the Town. Each residence shall be
compatible with the surrounding neighborhood and shall
conform with the Tiburon Hillside Design Guidelines.
7. In conjunction with the first Site Plan and Architectural
Review application submittal for the subdivision, a
landscape plan shall be submitted for review and approval by
the Design Review Board. Said plan shall provide for an
appropriate landscape screen between the private access
roadway and adjacent upslope properties. This screening
shall be installed in conjunction with the construction of
the first house in the subdivision. The purpose of the
landscaping shall be to screen views of the access road from
the upslope neighboring properties. The screen shall be
designed to use a variety of plant species and types for the
purpose of creating an informal and natural-looking screen
rather than a formal and monotonous hedge.
Prior to the issuance of the first building permit for the
subdivision, a monetary security adequate to ensure the
installation and maintenance of the landscape screening
shall be deposited with the Town. The deposit shall be
refunded not less than three (3) years after satisfactory
completion and successful establishment of the landscape
screen.
Tiburon Town Council
Resolution No.
9120195
3
8. No grading or earth movement shall be permitted within the
presently existing dripline of the oak tree on Parcell.
Construction fencing shall be installed and maintained along
the edge of the oak tree dripline prior to the commencement
of any grading, site preparation, or construction activity.
9. The site preparation and construction on Parcel 3 shall be
carefully performed in order to minimize impacts on nearby
trees. Construction fencing shall be installed and
maintained along the dripline of potentially affected oak
trees prior to the commencement of any grading, site
preparation, or construction activity.
10. Prior to the issuance of a building permit for any parcel in
the subdivision, an appropriate instrument shall be recorded
with the Marin County Recorder's Office which modifies the
configuration of the Access and utilities Easement shown on
PM 5-90 to be consistent with the approved Precise Plan.
This condition specifically refers to the easement line
across Parcel 2. In addition, the stated purpose of the
easement across Parcels 1 and 2 shall be expanded to include
landscape screening as required by Condition No. 7 above.
11. Prior to issuance of a building permit, the Town Engineer
shall review the drainage plans of individual parcels for
conformance with the Town's Single Family Drainage
Requirements.
12. All applicable conditions of the Tiburon Fire Protection
District shall be met prior to issuance of a building
permit.
13. Connection to Sanitary District No.5 is required. All
applicable conditions of the District shall be met prior to
issuance of a building permit.
14. Domestic water supply shall be provided by Marin Municipal
Water District. All applicable conditions of the District
shall be met prior to issuance of a building permit.
15. Hours of construction shall be limited to those set forth in
Chapter 13 of the Tiburon Municipal Code.
16. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
section ~ Prior Resolutions Superseded.
Tiburon Town Council
Resolution No.
9120195
4
Town Council Resolutions No. 2261, 3087, and 3101; and
Planning commission Resolution 477-90 are hereby superseded by
this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council
on September 20, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE, TOWN CLERK
\scott\fraigetc.res
Tiburon Town Council
Resolution No.
9120195
5
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PASSED AI~D ADOPTED at a regulBr meetii'g of the Planning
CommissIon of t~le Town of Tiburon 01' January 10, 1990, by the
following vote:
AYES:
COMMISSIO:~ERS; Thayer, Siewert, BrlJnini.
Friedman, Greenberg, & Nygren
NOES:
cor.-r;-.u :35 I Of\JERS :
"Jane
AEiSEI'IT:
cor-n-1 I S5 I Or\lERS:
cal;Zter Y-~/
-2~~~k_ ~A~f_~
RdFUS. 'AYER. ~~1FllvIA'
TiblJi-~ Plan~ing Com I ission
ATTEST:
a: kuhns. '-es S~'\Ia
Planning Commission Resolution No. 477-90
1/ 10/90
Page
5
~
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Anu~-;. co:;':- - ("" {~ IL
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I .
AUGUST 29, 1995
BRADLEY HOUSE
Lyford's Cove - Old Tiburon
Homeowners Association
~~~~~'W~[D)
SEP 1 1 1995
TOWN MANAGER'S OFFICE
TOWN OF T!8URON
MINUTES - BOARD OF DIRECTORS MEETING
I. CALL TO ORDER: The meeting was called to order by the President
at 7:35 p.m.
II. ROLL CALL: Present were Ruth Albright, Brenda Buckerfield,
Frank Buscher, Frank DeSimone, Diana Ginalski, Betty Girtler,
Sue Johnston, Pat Montag, Richard Musalo, Margaret Taylor,
Wendy Wayne, and Madeleine Wood.
III. MINUTES of the June 13th meeting were approved as written,
IV.
TREASURER'S REPORT:
$1972.52. She also
thanking us for our
Margaret reported a bank balance of
read a letter from the Last Chance Committe~,
gift of $500 to their Land Acquisition Fund.
V. OLD BUSINESS
A. Committee Reports
Membership: New members for the quarter are Pat and Frank
Brooks, 1731 Centro West, and Anne Sheldon, 2145 Paradise.
Architecturm Review: Madeleine Wood reported there will be
Public Workshops on the Easton (Martha Corp.) property
September 12 and 19, in lieu of Planning Commission meet-
ings, at the Town Council chambers, 7:30 to 9:30 p.m.,
where we can express our concerns over this proposed devel-
opment (traffic flow, projected 6 trips per house per day
etc. ) .
After a lengthy discussion, it was decided that Madeleine
will attend the next Design Review meeting to make a state-
ment regarding our concerns for the future of Old Tiburon.
The Board agreed that houses are becoming too large for
their lot size and are out of character for the neighborhood.
Social: Betty Girtler announced that plans for our Fall
dinner party have been finalized. It will be held at the
San Francisco Yacht Club on October 12. Invitations will
be mailed to the membership.
. ~ .
,
Minutes - Board of Directors Meeting
August 29, 1995
Page 2
Paths: Upper Raccoon Lane has been cleaned up, and Gary
Lucas has cleaned Esperanza Path. Discussion was held
regarding possibilitity of erecting discreet signs
marking the paths.
Library: The Belvedere and Tiburon Councils have appoint-
ed a five-person Agency to act as liasion for the New
Library and the respective municipalities.
B. Tutto Mare Neon Si~n: Frank Buscher again met with the
Town staff. They have been in contact with the restaur-
ant manager, but have taken no action because of personnel
changes.
C. Shoreline Park "Monuments": Pat Montag reported she had
ascertained that Parks & Open Space Commission was given
permission by the Council to allow the second "monument",
which was installed earlier this year. She was given
assurance that there will not be any more. The Board
agreed on the desirability of removing the existing markers
in favor of less obtrusive flat plaques.
D. David Teather Park: Rich Musaill reported that he had written
to the Town Manager regarding designation of the park;
he is hopeful it will be approved and a small sign erected.
E. Green Garden Refuse Cans, which were distributed to home-
owners on certain streets, reportedly are being left on
the street between pickups. It was agreed that, besides
the esthetic con&deration,these cans are a hazard to older
people as they are difficult to handle on steep driveways.
Also, we need to know if the quarterly pickup will be con-
tinued. The motion was passed that we write to the
Council stating that our Board is opposed to use of these
cans in our area.
F. Street Sweeping: After discussion, the Board agreed that
the present service, provided by the Mill Valley Refuse
Service, is sporatic and inefficient and quite unsatis-
factory. The motion was passed that we inform the Town
accordingly, with copy to Public Works Department.
VI. NEW BUSINESS
A. De-Annexation or Disincorporation. Association ~ember
Nat Marans asked to address the Board to present his pro-
posal of returning part or all of Tiburon to County juris-
diction. Specifically, some of the arguments presented
. Minutes - Board of Directors Meeting
August 29, 1995
VII.
NOTE:
REMINDER:
Page 3
were: Tax measures for only specific areas of the Town
(e.g. Open Space); better County-maintained roads; question-
ing necessity of new Library; high annual taxes for Town
services. Also, he would like the Board to be more force-
ful in letting the Town know of our requirements, such as
enforcing house-to-lot size criteria etc.
The Board respectful~ heard Mr. Marans' presentation, but
took no action as to approval or disapproval of his pro-
posal.
B.
Neighbors on Centro West who are in contention over a
building expansion presented their cases to the Board.
It was explained to them that the process would be to
write letters to the Town commissions and attend Town Hall
meetings; that residents do have the right to protest what
they perceive to be undesirable or illegal development;
if they will contact their Homeowners Association, our
Architectural Review committee will look at the plans and
give advice as to how to proceed. The hearing on this
particular matter by the Design Review Committee will be on
September 7th.
C.
Leaf Blowers: The Council hearing on this subject was
referred back to Committee. The motion was passed that
we write to the Council, as an advisory by the Board,
stating that we support the banning of gas-powered leaf
blowers in Tiburon. (Note: This item is on the Council
agenda for September 20.)
The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
~- ~ 0'. /' ,. /..
/)0:-<-,"- (~?Lu.. i--c..-,"'---
Ruth Albright /
Secretary __/
The next BOARD MEETING will be December 5th, 7:30 p.m.,
at Bradley House.
If you have not paid '95 dues, they are 'way over-due.
J-kWv ;0. /2
CITY
OF
COVINA
125 East College Street. Covina, California 91723-2199
August 31, 1995
~~~~~~/~[D)
at I.! , l';i'J~ ,-
Mr. Robert L. Kleinert
Town Manager
City of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
TOWN MANAtH:R'::) oFfiCI::
TOWN OF TIBURCN
Dear Mr. Kleinert:
Weare writing you to request the City of Tiburon's support for the attached resolution which
was adopted by the Los Angeles Division of the League of California Cities on August 3, 1995.
As you are aware, Division-sponsored resolutions are being forwarded to the League's General
Resolutions Committee on October 23, 1995, and then to the General Assembly on October 24,
1995.
The subject resolution seeks to redistribute 1 % sales tax from the State to cities. The State
currently gets 5% and cities get 1 % of the sales taxes paid on each dollar throughout California.
The resolution directs the League to initiate legislative actions, either through the State
legislature or through a ballot initiative, to change the percentage split to 4% for the State and
2% to cities. If the shift in sales taxes is accomplished, it would mean that the amount of sales
taxes cities now receive would double.
In essence, the resolution seeks to shift money from the State to cities using an existing tax
mechanism and an existing allocation method. The resolution is relatively simple and in
"terms of complexity" stands in sharp contrast to a number of efforts underway on government
restructuring, constitutional revision, and modification of the taxation system. Consequently,
the proposed resolution should not be compared to these activities. The issue for this resolution
is not the structure of government, the constitution, or the taxation system -- it is how much
money different agencies receive. We believe cities and counties are getting a disproportionately
small share of available revenues.
For example, the City of Covina, located in eastern Los Angeles County with a population of
44,000, will receive about $19.8 million in general fund revenue during this next fiscal year from
over a dozen sources, including an 8.25% utility users tax. Of this total, sales tax revenue is
about $5.7 million. The State will get five times this amount or about $28.5 million - all from
Covina transactions. The amount of sales tax revenue going to the State exceeds the City's total
general fund revenue from over a dozen sources! And while Covina's budget has been reduced
in recent years like a number of other cities and counties throughout California, the State's
budget continues to increase, from $53.083 billion in fiscal year 1993-1994 to $57.508 billion in
fiscal year 1995-1996, an increase of 8.3%.
.,
Page 2 of 2.
As most city administrators throughout California know, part of the problem here is that
property tax revenue and other funds have been lost due to State takeaways. A recent Los
Angeles Times article put the amount of property tax revenue taken away by the State at $3.9
billion. Although many would agree that schools need more funding, it is unlikely that many
would agree it should be taken out of the pockets of cities and counties since we have been
heavily impacted by numerous State and Federal mandates as well as increased demands for
Police, Fire, Public Works, Community Development, Parks and Recreation, and library services
amid continuing recession in many parts of the state.
Adding to the plight and dismay of cities is the outcome of Proposition 172. Proposition 172 was
approved by voters in November 1993 and increased statewide sales taxes a half percent to
augment public safety funding, funding for police and fire services, for example. While it
appeared that this measure would offset losses in property tax revenue, most cities only receive a
small fraction of the money collected from this Proposition due to the formula used to
apportion these funds. For example, Los Angeles County received $370 million so far for 1994-
1995 from Proposition 172, yet has allocated only about $35 million to cities in Los Angeles
County, less than 10% of the revenues. Of the funds allocated to cities, Covin a received
$213,000, an amount far less than a half percent sales tax. If these funds were allocated using the
formula used to allocate other sales tax revenues, Covina would have received over $2.5
million.
We all know what is at stake regarding the financing of local government services. The true
impacts of the recession and the need for increased government revenues have been pushed
down to the local level by the State. To save many essential services that are now being
threatened, we need to form a unified voice to effect the same changes at the State level that we
have been forced to make as cities and counties. Through this resolution we are seeking a shift
of an estimated $2.8 billion from the State to cities and counties. This amounts to less than a 5%
cut in the State's fiscal year 1995-1996 budget. This is not an unreasonable reduction considering
the kinds of drastic cuts being made this year by many cities and counties throughout California.
We are not seeking a battle with the State over revenue. We simply feel that many local
services that are now being jeopardized represent a higher taxpayer priority (e.g., Police and Fire)
than other services provided by the State. This is the issue we wish to bring forward with this
resolution. We ask that your City Council adopt the attached supporting resolution and either
FAX it or mail it to the City of Covina by October 18, 1995. FAX to Covina's City Manager, Mr.
Fran Delach at 818/858-5556, or mail it to him at 125 E. College Street, Covina, CA 91723.
Following receipt of your supporting resolution, Covina will mail you a lapel pin that is now
being produced to promote this effort. If you have any questions about this resolution feel free
to call either of us at 818/858-7212.
~~
os. eary
Mayor
TMO'L/FMD:CAK
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES
TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2%.
WHEREAS, the State receives five times as much sales tax revenue as cities throughout
California; and
WHEREAS, the sales tax revenue retained by the State from individual cities often
exceeds the general fund budgets of those cities where the sales tax revenue originates; and
WHEREAS, cities provide services that directly benefit the quality of life in hundreds of
communities throughout California; and
WHEREAS, the public benefits of cities' services include the maintenance of property
values, reduced risk to health and safety caused by crime, fires, medical emergencies, poor
sanitation, and poor building and road construction; and
WHEREAS, cities' services provide important cultural and economic benefits through
parks and recreation programs, library and senior programs, removal of blight from inner cities
and older neighborhoods, and through business attraction efforts that provide jobs; and
WHEREAS, the State has acted to reduce the amount of revenue received by cities in
recent years forcing many cities throughout California to augment their revenues by imposing
local assessments, fees, or taxes - or to make cuts in essential services; and
WHEREAS, because cities receive only a small fraction of the money collected through
voter-approved Proposition 172 (Public Safety Augmentation Fund), public safety services like
police and fire services face drastic financial reductions in many cities throughout California in
light of State takeaways and State-imposed mandates; and
WHEREAS, many taxpayers object to paying additional taxes for what they view as
diminishing local services caused by these factors, especially while the demand for police
services, for example, continues to increase due to rising crime; and
WHEREAS, on August 3, 1995, the Los Angeles County Division of the League of
California Cities adopted a resolution which seeks legislative action that would result in a more
equitable distribution of sales tax revenue by shifting 1 % sales tax revenue from the State to
cities; and
WHEREAS, the League's resolution will help cities provide essential local services
without adding more burden to taxpayers; and
WHEREAS, on October 24, 1995, the General Assembly of the League of California Cities
will vote on this important resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
that the City of does hereby support the League of
California Cities' resolution to Redistribute Sales Taxes so that the total received by cities is 2% of
the amount paid per dollar on taxable sales.
PASSED, APPROVED AND ADOPTED this
day of
1995.
Mayor
A TrEST:
ADOPTED RESOLUTION OF THE LOS ANGELES COUNTY DIVISION
OF THE LEAGUE OF CALIFORNIA CITIES
--ADOPTED AUGUST 3, 1995--
RESOLUTION TO REDISTRIBUTE SALES TAXES
WHEREAS, cities throughout California receive 1 % of the sales taxes
paid on each dollar within their jurisdictions; and
WHEREAS, the State receives 5% of the sales taxes paid on each dollar
in each city throughout California; and
WHEREAS, the State has reduced the amount of funding to cities in
recent years; and
WHEREAS, costs of operating cities have increased in recent years due
to a variety of factors, including increases in crime and increases in the number of
mandates cities must comply with; and
WHEREAS, voters throughout the State are weary of paying additional
taxes, fees, and assessments for what they view as diminishing local services; and
WHEREAS, the above circumstances have led to drastic cuts in the
areas of Police, Fire, Library, Parks and Recreation, and Street Maintenance services
by many cities throughout California; and
WHEREAS, the effects of such cuts, and continued erosion of services
in these areas will result in increased crime, reduced property values, reduced sales
tax revenues, and increased costs to manage cities; and
WHEREAS, the voters throughout California seem to consider such
local government services a higher priority than many services provided by the
State that are funded wit.'1 sales tax revenue; now, therefore, be it
RESOL VED, that the General Assembly of the League of California
Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the
League will sponsor legislation or sponsor a ballot initiative effort that will
redistribute sales taxes received by the State such that the State's share is 4% and the
cities' share is 2% of the sales taxes paid per dollar; and, be it further
RESOLVED, that the amount of sales tax revenue to be redistributed
shall be allocated to cities using the same method as is currently being used to
distribute the existing 1 % share per dollar cities receive.
INFORMATION & SOURCES
Statewide Tax Rate
The statewide sales tax breaks down as follows according to the State Board of
Equalization. [Legal references were obtained from Mr. John Waid. Senior Legal
Counsel. State Board of Equalization (telephone 916/324-3828). Taxable sales
information is available from the Statistics Section. Planning and Research Division,
State Board of Equalization (telephone 916/445-0840)).
STATEWIDE SALES TAX BREAKDOWN
Percents received by Agencies
t~S3~YI@:tJHJ~lmnlMMUili}ntHt{m !i~iW !I.iEGAIJFl~;innWWinni ......'.-:.-,'-'-.._,..'.....
........ ............................,...
::~;:::,:;::;; :.:.:., . .
State Government 5. 000/0 R & T Code 6051 & 6051 .3
Countv - Health & Welfare 5 00/0 R & T Code 6051 .2 & 6201 .2' W & I 1 7600
Countv - Public Safety. 5 00/0 ProD 1 72 added to State Constitution
Cities and Counties# 1 00"10 R & T Code 72021al
Counties - Transnortation 2 50/0 R & T Code 72021dHel
Total 7 25%
Notes:
.About 10"10 of the amount apportioned to counties is allocated to cities, except in Alameda
County.
#Apportioned by place of sale.
Do cities receive 1% or 1.25%?
The Bradley-Burns Uniform Local Sales and Use Law (Taxation and Revenue 7200 et
seq.), does establish the rate for cities and counties at 1.25 percent. But. according to
Mr. John Waid, Senior Legal Counsel, State Board of Equalization, .25 percent is
reserved for county transportation programs and goes to counties. This is pursuant to
sections 7202(d)(e). Hence, cities do not receive 1.25 percent, but 1 % in non-
restricted general funds.
Health and Welfare Realionment Prooram
The amount designated for county health and social service programs of $1.6 billion
(according to Western City, August 1995. p. 4), mostly goes only to counties, according
to the Sandy Rogerson, Supervisor of Health and Welfare Program, Apportionment Unit
of the State Controller's Office (916/322-5089). This is for the Health and Welfare
Realignment Program which was approved and went into effect in 1991. This program
is codified in Welfare & Institutions Code, Sections 17600 - 17609.15. Only seven
cities statewide receive any funds for this program (San Francisco, Berkeley, Pasadena,
Long Beach, and a Tri-City group).
OVER
Public Safety Funds
These funds were voter approved through Prop 172 in November of 1993 and amount to
a .5% sales tax. They are designated for counties and cities that were subject to the
property tax shift and are apportioned to counties based on their percentage of statewide
taxable sales.
Counties allocate funds to cities based on a formula established in Government Code
Sections 30052-30054. According to Mr. Lyman Jeung. Principal Accountant of the LA
County Auditor's Office (telephone 213/974-8362), and as stated in the Code, there is
a limit on how much cities can receive from Prop 172 revenue -- 50% of the amount
shifted in property taxes after deducting vehicle registration fee revenue. For example,
if a city lost $1 million in property tax revenue but received $200,000 in vehicle
registration fee revenue, then the city could receive no more than $400,000 in Prop
172 revenue (1.000,000 - 200.000 = 800,000 . .50 = 400,000).
LA County received $370 million in fiscal year 94-95 (less 1 month) and retained
$335 million; cities in LA County were apportioned about $35 million -- less than
10% of the total apportioned to LA County by the State. Mr. Lyman says that counties
lost a greater share of property tax revenue during the shift and this is why counties
receive a larger share of sales tax revenue from this source. According to Ms. Kwong-
McGee at the State Controller's Office (916/324-8365). a number of cities are now
complaining how little funding they actually receive n in some cases counties are
retaining up to 95% of these revenues. As an example of what this has meant to cities
consider the following example.
Prop 172 ushered in a 1/2 cent or .5% sales tax. A 1% sales tax results in $5.7
million to the City of Covina (population 44,000) when it is apportioned based on place
of sale. Yet, the 1/2 cent sales tax imposed by Prop 172 resulted in only $213.000 to
Covina last year. This has to do with the formula set forth in Government Code Section
30054. If this allocation formula was changed to return the funds based on place of
sale, Covina's revenue designated for public safely services would increase by over $2.5
million per year.
I!elv- AIo. 13
GENERAL OR SPECIAL
MUNICIPAL ELECTION CONSOLIDATED
TUESDAY, MARCH 26, 1996
November 20, 1995
fOctober 18
November 20 - December 4
November 27
December 4 - December 29 5pm
December 8
December 8
December 19
December 29
December 29 5pm
December 29
January 3 5pm
January 4
January 5
January 11
January 29 - March 12
February 15
February 26
February 26 - March 19
March 5
March 14
March 20 - March 26
March 25
March 26
March 28 - April 23
July 31.1996
April 1. 1997
LAws IN EFFECT IN 1995
Council to Adopt Resolutions
Suggested Last Day to File Petitions Regarding Measure
Publish Notice of Election
Last Day to Adopt Reguiations for Candidates Statements
Filing Period for Nomination Papers
Suggested Last Day to Cail Election for Ballot Measures
Last Day to File Campaign Expenditure Statement - Measures
Publish Nonce of Election - Measure. No Candidates
Post Notice of Deadline for Filing Arguments
Suggested Last Day to File Arguments
Suggested Last Day to File Rebuttal Arguments
Last Day to File Nomination Papers
Last Day to Request Consolidation
Last Day to File Nomination Papers - Extension
Secretary of State to Determine Order of Names on Ballot
Publish Notice of Nominees
Last Day to File Names and Occupations of Candidates
Last Day to Cancel Election - Insufficient Candidates
Filing Period for Write-In Candidate
Last Day to File Campaign Expenditure Statements
Last Day to Register to Vote
Voters May Request Absentee Ballots
Last Day to Mail Sample Ballots and Polling Place Notices
Last Day to File Campaign Expenditure Statements
Emergency Absent Voting Period
Last Day for Council to Adopt Procedures to Resolve Tie Vote
Election Day
County to Canvass Election Returns
Council to Declare Results
Last Day to File Statement of Economic Interests
Last Day to File Campaign Expenditure Statements
Last Day to Submit Report on Measures to Secretary of Slate
(E-127)
(E-160)
(E-127to 113)
(E-120)
(E -113 to 88)
(E-l09)
(E - t09)
(E-98)
(E -88)
(E -88)
(E-88)
(E-83)
(E-82)
(E-81)
(E-75)
(E - 57 to.14)
(E - 40)
(E-29)
(E-29t07)
(E-21)
(E-12)
(E-6to E)
(E-l)
(E + 2 to 28)
* * * * *
MARnN & CHAPMAN Co. " 1951 WRIGHT CIRCLe .. ANAHEIM, CA 9280&..0028
7141939-9866. FAX 7141939-9870
111~1"1
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
INTERVIEWS:
SEPTEMBER 20, 1995
7:30 P.M.
7:00 P.M.
6:45 P.M.
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PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of
view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5) Speak
Directly into Microphone.
In compliance with the Americans with Disabilities Act, jf you need special assistance to participate in this meeting, please contact Town Hall
(415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting [28 CFR 35.102-35.104 ADA Title II]
-------------------------------------------------------------------
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REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES
1. #47-95, September 6, ] 995
C. UNFINISHED BUSINESS
2. AFFIRM APPROPRIATION OF HOUSING SET-ASIDE FUNDS -
HILARITA PRESERVATION PROJECT
D. AD.JOURNMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TOWN COUNCI L
A. ROLL CALL
B. ANNOUNCEI\1ENT OF CLOSED SESSION ACTION (If any)
C. INTRODUCTION OF NEW TOWN EMPLOYEES
1. Officer Steve Hahn
2. Reserve Office Michael Mojabi
D. PUBLIC QUESTIONS AND COMMENTS
Please confine Y01l1' cmJl11lr.!lIIs during Ihis portion ofrhe agenda /0 mailers nol already on this agenda, other
than items on the Consent Calendar. The public will be given an opporlllnily 10 speak on each agenda item at
the time it is called. l'resel1lot;ons are limited fa three (3) minutes. A/offers requi,.;ng action will be referred to
the appropriate Commission, Board, C0/11111iffee or Staff for consideration and/or placed on all/lure meeting
agenda.
E. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES
F. COUNCIL. COMMISSION OR COMMITTEE REPORTS
3.
HERITAGE & ARTS COMMISSION (Victoria Arnett, Chair)
4.
BUILDING ADVISORY COMMITTEE (Jim Wilson, Chair)
G. CONSENT CALENDAR
The pm pose of/he Comelll Calendar is to grollI' items together which generally do not require discussion and
'which will probab~~' be approved by one molioll unless separate action is required 011 a particular item. Any
member of the Tmm Council, Town Staff, or the Public may request removal of an item for discussion.
5.
APPROVAL OF TOWN COUNCIL MINUTES - #1063, September 6, 1995
6.
BEL VEDEREITIB URON LIBRARY AGENCY - Notice ofIntent to Withdraw
from the Marin County Library District (Resolution)
H. UNFINISHED BUSINESS
7.
REVISED LEAF BLOWER ORDINANCE - 1st Reading
8.
REVIEW OF PLANS FOR CONSTRUCTION OF TWO DWELLINGS AT
1860 CENTRO WEST - Dave and Diane Williams, Applicants - Assessors
Parcel No 59-061-10 -CONTINUED WITHOUT JJlSCUSSION UNTIL
OCTOBER 4, 1995
I. PUBLIC HEARING
9. APPLICATION FOR PRECISE PLAN EXTENSION - 375 TAYLOR ROAD
(Ring Mountain Subdivision Parcel G) - Miranda Leonard, Owner; Bruce
Moody, Applicant - Assessors Parcel No. 38-182-42
10. FRAIGE PRECISE PLAN AMENDMENT - GUEST PARKING AND
FENCING AT I, 5 & 9 STEVENS COURT - Monahan Pacific, Applicant-
Assessors Parcel Nos. 58-111-25, 26 and 27
J. NEW BUSINESS
K. COMMUNICA nONS
11. LYFORD'S COVE/OLD TIBURON HOMEOWNERS ASSOCIATION -
Minutes Dated August 29, 1995
12. LETTER FROM CITY OF COVfNA REGARDfNG REDISTRIBUTION OF
SALES TAX - Dated August 31, 1995
13. SCHEDULE FOR CONSOLIDATED MUNICIPAL ELECTION - March 26,
1995
L. STAFF & TOWN MANAGER REPORTS
M. ADJOURNMENT
Future Agenda Items
- Mill Valley Refuse Service Franchise Agreement (October 18, 1995)
- Report on "Green Can" Trial Program (November 8, 1995)
- Street Improvement Program (October 18, 1995)
- Historical Dedication of Old St. Hilary and Newman Property
- Southridge Pedestrian Easement (Final Bids)
- Marin County Commission on Aging Report (October 4, 1995)
Future Activities
- September Coastal Clean-Up Day (September 23)
- Blackie's Statue Dedication (October, 1995)
- Town Employee Recognition Night (October 16 - Dynasty Restaurant)
- Marin County Council of Mayors & Councilmembers (October 25 - Tullo Mare)
DATE OF MEETING: September 20. 1995
NO. 11-1995
DATE POSTED: September 15. 1995
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a
Closed Session. More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9a)
Name of Case: State of California v. Zelinsky, et al.
j
..;-
ffJA fJeM ;tlo.
/
.
REDEVELOPMENT AGENCY
MINUTES
DRA~T
CALL TO ORDER
Chairman Thompson called the meeting of the Redevelopment Agency of the Town of
Tiburon to order at 7:37 p.m., Wednesday, September 6,1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: BOARDMEMBERS: Ginalski, Nygren, Wolf, Thompson
ABSENT: BOARDMEMBERS: Thayer
EX OFFICIO: Executive Director Kleinert, Finance Director Stranzl,
Minute Clerk Crane
B. APPROVAL OF MINUTES
1. #RA-46-95 July 5, 1995
MOTION:
To approve Minutes #RA-46-95, as submitted.
Moved:
Vote:
Wolf, Seconded by Nygren
AYES: Unanimous
NOES: None
ABSENT: Thayer
C. UNFINISHED BUSINESS
2. ANNUAL MEETING. Finance Director Stranzl gave a brief report
on the Fiscal Year ending June 30, 1995.
D. ADJOURNMENT
#RA-46-95 September 6, 1995
l
<
~.
There being no further business before the Redevelopment Agency of the Town of
Tiburon, Chairman Thompson adjourned the meeting at 7:39 p.m., sine die.
ANDREW THOMPSON, CHAIRMAN
ATTEST
ROBERT L. KLEINERT,
EXECUTIVE DIRECTOR
#RA-46-95
September 6, 1995
2
TIBURON REDEVELOPMENT AGENCY STAFF REPORT
R., D A- 1/)v
IkMM.l
To:
BOARD OF DIRECTORS
FINANCE DIRECTOR
Meeting:
SEPTEMBER 20, 1995
From:
Item No:
-1
Subject:
REDEVELOPMENT AGENCY FISCAL YEAR 1995-96 BUDGET -
AFFIRM APPROPRIA nON OF HOUSING SET -ASIDE FUNDS FOR
HILARlT A PRESERV A nON PROJECT
Backl!round:
This item is to confirm the appropriation of$158,OOO of Redevelopment Agency Housing Set-Aside
resources for the Hilarita Preservation project.
Discussion:
At the regular Council meeting of September 6, 1995 Town Council conducted public hearings concerning
the "Hilarita Request for Additional Preservation Funding." Council received a Staff Report concerning the
agenda item, and representatives of the Tiburon Ecumenical Association-Hilarita Project - Carolyn Attkisson,
Richard Mandel and Katrina Bergen - were present and provided further comments and clarification
concerning the status of the project and reasons for requesting financial assistance from the Town.
In Fiscal Year 1994 the Town Redevelopment Agency agreed to provide up to $165,000 for the Preservation
efforts. The initial phase of the project has been completed - the Project used about $65,000, repaid
approximately $58,000, the unpaid amount being $7,000. The Project now requires $15,000 for
predevelopment costs and $308,000 for unfunded building rehabilitation costs.
Council approved appropriating the amount required to fund the predevelopment costs ($15,000), and
$143,000 to fund a share of the unfunded building rehabilitation costs.
Recommendations:
1. TO\m Council (the Board of Directors) approve a total appropriation of$158,000 from the Agency
Housing Fund for Hilarita Preservation Project predevelopment and building rehabilitation costs.
The revised unreserved amount available in the Housing Fund is now $92,000 - 685,000 is currently reserved
for the Cecilia Project.
Exhibits:
1. Staff Report, September 6, 1995, Item 7.
TOWN OF TIBURON
STAFF REPORT
ITEMNO.q-
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
HILARIT A REQUEST FOR ADDITIONAL PRESER V A nON FUNDING
September 6, ] 995
The Hilarita's preservation phase has successfully been concluded with the recent
purchase of the Hilarita by the Hilarita- Tiburon Ecumenical Association. However, one of the
requirements of the HUD-approved sale requires the buildings to be rehabilitated to ensure long-
term viability and provide tenant safety.
Although HUD requires the building rehabilitation, they do not provide sufficient funds for
the work. The Federal government has appropriated $1.7 million for the rehabilitation phase
which leaves a significant shortfall.
The Hilarita- Tiburon Ecumenical Association is therefore asking the Town to consider
granting them rehabilitation funding assistance in addition to the original preservation funding
previously granted by the Town. The Town allocated an initial pre-acquisition loan to the Hilarita
for preservation purposes in the amount of$165,000. Of this amount, the Hilarita only drew
down $65,600 of which they have repaid all but $7,000. They are planning to utilize an additional
$]5,000 for future predevelopment costs and inspections. In summary, the Hilarita will have
utilized a total of$22,000 from the original Town-authorized $]65,000. They are now requesting
to use the balance of the initial Town allocation ($]43,000), plus $165,00 for an overall
supplemental funding request of $308,000 for the rehabilitation work.
The Town has been very supportive of the Hilarita, both politically and financially, and
certainly wants to continue to be of assistance. However, the requested amount from the Town's
restricted affordable housing funds represents a significant allocation. It could impact the Senior
Housing Advisory Committee's etforts and the long-range financing plans for the new Police
facilities and Senior Housing project.
I have advised Carolyn Attkisson, President of the Hilarita- Tiburon Ecumenical
Association, of these preliminary concerns and that the Association's request will be scheduled for
consideration by the Town Council at its regular September 6 meeting.
Time is of the essence regarding this request. as HUD requires the rehabilitation work to
be commenced and completed in a timely manner. The Hilarita- Tiburon Ecumenical Association
TOWN COUNCIL
Page 2
September 6, 1995
has also indicated that they are very appreciative of the Town's continued support and past
financial assistance.
Copies of the Hilarita-Tiburon Ecumenical Association's request to the Town have been
forwarded to the Town's Housing Committee, BAC and SHAC.
It should also be noted that the original request of$375,472 (August 22) has been reduced
to $308,000 (August 3 I).
EXHIBITS
I. Letter from Hilartia- Tiburon Ecumenical Association to Town Manager,
dated 8-22-95
~
( 0+ u(f?vLeJ 1'/z,O)
R.L Kleinert
Town Manager
(
c
I/fwt. II/P. _
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
R L. Kleinert
Victoria Arnett
Heritage & Arts Projects Update
September 12, 1995
Donahue Buildinq Reqistrv
The letter from the Office for Historic Preservation confirming the placement of the
Donahue Building on the National Register has arrived. I would like an opportunity to
appear before the Town Council at their next meeting to make the official presentation
of historic registry to the Town.
Meanwhile you had suggested that when making the announcement of historic registry,
it would also be a good time to announce plans for a celebration commemorating Its
placement. However, both Roger Felton and Beverly Bastian wish to wait until next
spring to talk dates for the dedication party.
Downtown Historic Preservation Plan
We are proceeding to develop an historic preservation plan for the downtown area. The
AD.A does ameliorate regulations for the handicapped within an historic preservation
area. There is a specific chapter in the ADA regulations concerning historic
preservation.
I am looking into the Town of Tiburon becoming a "Certified Local Government of the
Office of Historic Preservation". Receipt of this certificate would entitle the town to grant
monies to assist in the preservation effort. It would also provide Federal tax relief for
owners of historic properties
I plan to get direction from Scott Anderson and the Planning Commission as well as
from the attorney on this whole project.
~
I welcome your suggestions and input.
.-- ..--.-
/ / / / .....-~ //:-/r& CL ___'-'.~ /?<; LL
-- -[../l- v v
Vlctona Arnett. Chair
Heritage & Arts Commission
TOWN OF TIBURON
STAFF REPORT
ITEM NO. L/
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
BUILDING ADVISORY COMMITTEE - STATUS REPORT
September 20, 1995
BACKGROUND
Since appointment of the architectural firm of Bull, Stockwell, et al. for the design of the
new downtown Town Administration Building and Council Chambers, the Building Advisory
Committee CBAC") has been meeting with the architects regarding the first phase architectural
design.
At tonight's Town Council meeting, it is intended for the following to occur:
I. Chairman Wilson will update the Council regarding the committee's activities and
future program, and
2. A representative from the architectural firm will present a site plan and discuss
parking configurations, ingress and egress recommendations. This will also
include an elevation plan or streetscape.
RECOMMENDATION
That the Town Council consider the forthcoming public review process associated with
the new downtown Town facilities design and determine what would be the most productive
procedure for obtaining the public's input. Perhaps ajoint meeting of the Town Council, Planning
Commission, and Design Review Board would be beneficial.
R.L. Kleinert lit / /
Town Manager /'t C'(
.L-k~ Nu. S'
TOWN COUNCIL
MINUTES
DRA~l
CALL TO ORDER
Mayor Thompson called the meeting of the Town Council of the Town of Tiburon to
order at 7:39 p.m., Wednesday, September 6,1995 in Council Chambers, 1101 Tiburon
Boulevard, Tiburon, California.
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
EX OFFICIO:
Ginalski, Nygren, Wolf, Thompson
Thayer
Town Manager Kleinert, Finance
Director Stranzl, Planning Director
Anderson, Town Attorney Sharp,
Police ChiefHerley, Town Engineer
Mohammadi
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
Mayor Thompson announced that the Council had discussed pending litigation and
the MAPE contract in closed session, which was to be continued until after the close
of the regular Town Council meeting.
C. PUBLIC QUESTIONS AND COI\IIVIENTS
Frank DiSimone, 18 Vistazo West, said that street sweeping by Mill Valley Refuse
Service was not being done regularly or thoroughly on his street. He also said that
no one knew when the sweeping was scheduled and that certain types of debris were
not being picked up.
Council took the comments under advisement and continued the item. Town
Manager Kleinert said he had given Mr. DiSimone a copy of the schedule and would
address the other concerns later.
D. APPOINTMENTS TO BOARDS. COMMISSIONS OR
COMMITTEES
Council asked Deirdre McCrohan of 'fill! Ark to place a notice that applications were
being accepted for an opening on the Design Review Board, with a deadline of
September 18. Council will conduct interviews, if any, on September 20.
TOWN COUNCIL MINUllcS
# t ()(,1 SI YIVMIlLI<C.. I ~~5
E. COUNCIL. COMMISSION OR COMMITTEE REPORTS
Council member Nygren reported on the most recent meeting of the Hazardous Solid
Waste lPA. She said the lPA appointed Pat Eklund as Vice Chair, and that the JPA
was looking at cutting non-mandated items from its budget in an effort to control
rising costs
Mayor Thompson said that beginning Monday, September 11, Blackie's Pasture
would be closed for one week in order to do grading work. He said there would still
be some parking but it was being closed for safety and et1lciency.
Mayor Thompson also announced the September 23 Coastal Clean-Up Day.
F. CONSENT CALENDAR
Motion:
Moved
Vote:
Abstain:
Absent:
To approve Consent Calendar
Wolf, Seconded by Ginalski
Unanimous
Nygren (August 16 Mintues)
Thayer
G. UNFINISHED BUSINESS
5. New Town Facilities. Town Attorney Sharp outlined the option of deeding the
land outright to the Library lP A or, alternatively, doing a lease which would allow
the land to revert to the Town at the end of the term.
Motion:
That Town Attorney Sharp write a 99-year lease and return to
Council with the document on October 4, 1995
Nygren, Seconded by Wolf
Unanimous
Thayer
Moved:
Vote
Absent:
Council also asked the Library Agency to seek counsel to take over from Town
Attorney Sharp after the property tax transfer issue had been resolved.
6a). FY 95-96 Town Budget - Unallocated Fund Transfers Council agreed to
combine the Drainage and Street Funds, and eliminate the Park Development Fund.
Motion
To transfer the following amounts II-om unallocated reserves:
$25,000 to the Self-Insurance Fund; $30,000 to Employee
Compensated Leave, $130,000 to Capital Equipment Replacement
Moved:
Wolf, Seconded by Nygren
TOWN COUNCIL MINIJlLS
# 1 (J(,] SI Yll 'MBER (,. 1995
2
Amended Motion:
Change Drainage Fund to "Drainage and Streets
Improvements" and transfer $170,000 to this fund
Moved:
Vote:
Absent
Wolf, Seconded by Nygren
Unanimous
Thayer
Finance Director clarified that the amount transferred would actually be $140,000.
6b). Medical and Insurance Allowance Council member Wolfsaid that amount was
being increased for Management Employees to bring them into line with other towns
and in keeping with the Town-structured "menu" program of benefits.
Motion:
To approve the $50 per month increase in the Management Employee
medical allowance
Moved
Vote:
Absent:
Wolf, Seconded by Ginalski
Unanimous
Thayer
7. Hilarita Rehabilitation - Request for Additional Preservation Funding. Town
Manager Kleinert gave the stafT rep0I1, followed by a presentation by Carolyn
Attkisson, President of the Hilarita- Tiburon Ecumenical Association. Ms. Attkisson
asked Council to be willing to provide additional funding to make up the difference
between the HUD allowance and cost on-IUD-mandated renovations.
Council asked Ms. Attkisson to seek grant funding in addition to seeking non-
housing designated funding from the Town
Motion:
Reconfirm Town's commitment to allocate $165,000 in previously
approved funding for Hilarita renovations and, if necessary, for
Hilarita to come back and ask for an additional amount up to
$165.000
Moved:
Vote:
Absent
Ginalski, Seconded by Wolf
Unanimous
Thayer
Staff will bring back Resolution
I. NEW BUSINESS
8. Request for Reconsideration of Lot l\1en;er - Jerome Bernal, 2310 Spanish Trail.
Planning Director Anderson gave Stall's recommendation that Council not
TO\VN COUNCIL MINUTES
# tOo} SII'1FMt3ER O. 1995
3
reconsider the merger.
During Public Hearing, Mr. Bernal said he had been unaware of the 1983 merger and
had been paying taxes on two separate lots He asked Council to allow him to
subdivide the lots into two parcels that would be larger than most of the lots in the
area. Sharon Bass, 2300 Spanish Trail, Gene Marans, Spanish 2312 Spanish Trail,
Shelly Brown, 2300 Vista Del Mar Lane, all spoke in opposition to subdivision of
the lots
Town Attorney Sharp said that the 1983 merger notice had been proper in
accordance with the Map Act.
Motion:
To deny reconsideration of lot merger; Staff to take remedial action,
if any, with regard to Notice
Moved
Vote:
Absent:
Nygren, Seconded by Wolf
Unanimous
Thayer
9. Solid Waste Management Advisory Committee. Town Manager Kleinert
suggested forming a citizen's advisory committee on the Tiburon Peninsula to give
ideas and input to Council on meeting the mandated diversion goals set by the State.
He said he would put it on the Mayors' and Vice Mayors' Agenda for September 14,
Item continued.
10. Downtown Main Street ADA Compliance. Town Engineer Mohammadi
presented a preliminary bid by Ghilotti Brothers for the street-raising work, and told
Council that his original estimate of $150-175,000 for the entire project still stood.
He asked for direction fi'om Council on how to proceed.
Tom Frankovich, Attorney for plaintiffs, said that 11 businesses on Main Street
needed changes but that not all of them would require handrails (e.g. Purdy). He
said that Town would need to decide whether to grant variances to individual
property owners to do the work, such as raise sidewalks in order to install ramps,
Council member Ginalski suggested getting all the property owners and the Town
together to decide what was acceptable. He said this was the first time he had heard
that the property owners expected the Town to foot part of the bill for (the street-
raising) project.
Mayor Thompson opened the public hearing
Klaus Meinberg, 35 1\1ain Street. Owner of Sweden House Bakel'y, said since the
TOWN COUNCIl. MINIJTICS
#IU(,] .SI:J>II:MllI.:R (" 1995
4
property owners were being forced to do something, why not take the opportunity
to improve the street, such as raise it. make it one-way or limit traffic. He said that
ramps and hand rails would kill business and force even more people into the street,
creating more safety problems. He told Council that the Town should get involved
with the project because "Main Street is your Town"
Town Attorney Sharp said he was apprehensive about the Town creating the overall
plan which could turn it into a public project with legal ramifications.
Hearing returned to Council.
Council member Nygren said that previous Councils had voted against one-way
streets, and that Sia's project was nice but that bricks would make Main Street look
like Disneyland. She suggested that the downtown business owners and merchants
chip in to cover the changes and use Chamber of Commerce benefits for additional
sources of funding.
Council member Wolf said she would like to hear from Town Attorney Sharp after he
had reviewed materials from Frankovich.
Council member Ginalski suggested that the business owners come to the Town with
a proposal.
Council directed Town staff to turn over project information to the business
community.
Mayor Thompson asked Mr. Frankovich to work with the business owners to help
them resolve the problem. Frankovich said Town Engineer Mohammadi's plan was
a good one and he would talk to the property owners and inform the Court of the
progress to date.
11. Town ofTiburon 1995 Goals Calendar. Councilmember Nygren thanked the
Management of the Town for their work to date
]2. Parks & Open Space Commission - Exploratory Dig and Coastal Clean-Up.
Joanne Ferro, Chair of the Commission, gave a brief report. She said that the dig
would be for one day after the first rains. Council member Nygren asked that the
area be re-seeded if it was a large excavation
13. Herita~e & Arts - Rename Beach Road Park to Tcather Pari, Approved by
Council subject to acceptance by Louise Teather.
]4. Letter Re(]uestin<! Permission to Farm Blueberries on Town Open Sllace. Item
withdrawn by applicant prior to mceting.
TOWN COUNCIl. MINUll,S
#1(1(,1 SI.Yll:Mlll.:!U" 1~~5
5
15. Consider Rescheduling 2nd Council !vleeting in November. Council voted to
cancel second meeting and add any necessary items to November 14 Special
Adjourned Meeting.
Councilmember Nygren asked that the Employee Recognition Dinner be rescheduled
to October 16 or 17.
16. Communitv Survey. Councilmember Wolf said she would like to survey the
community and find out what was wanted in the Flood Plain with regard to the new
Library/Town Hall construction.
Councilmember Nygren expressed concern about sending out a newsletter two
weeks before the election. Mayor Thompson said it was an abuse of the newsletter
to advance any political agenda.
Motion
Moved:
Vote
Absent:
To send out the Newsletter after the November 7 Election
Nygren, Seconded by Ginalski
Unanimous
Thayer
Council member Wolf asked that Parks & Open Space and Joint Recreation also seek
feedback for uses of the Flood Plain.
L. ADJOURNMENT
Council adjourned to Closed Session at ] 125 p.m.
There being no further business before the Town Council of the Town ofTiburon,
Mayor Thompson adjourned the meeting at 11:45 p.m., sine die.
1\1 A YOR ANDREW THOMPSON
ATTEST
DIANE L CRANE, TOWN CLERK
IOWI'- C<I\M.~
~lofcJ
Seplember 6. 1995
(,
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
EXPRESSING THE INTENT OF TOWN OF TIBURON TO WITHDRAW FROM
THE MARIN COUNTY LIBRARY DISTRICT
\VHEREAS, the Town of Tiburon is currently part of the Marin County
Library system and receives library services from the County; and
WHEREAS, on May 3,1995, the Town Council of the Town ofTiburon
adopted Ordinance No. 413 N.S. authorizing the creation of a municipal library to
be jointly operated with the City of Belvedere pursuant to the authority of
Education Code Section 18900 et seq.; and
WHEREAS, on April 19, 1995, the Town Council of the Town ofTiburon
adopted Resolution No. 3086 authorizing the Town to enter into a joint powers
agreement with the City of Belvedere for the purpose of creating the Belvedere-
TibuJ'On Joint Libnll)' Agency, which agency shall operate the new municipal
library; and
WHEREAS, in order to effectuate the creation of the new Belvedere- Tiburon
Library, the Town of Tiburon intends to withdraw from the Marin County Library
District, effective July 1, 1996,
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
ofTiburon that:
1) The Town of Tiburon hereby notifies the Board of Supervisors for the
County of Marin that pursuaut to Education Code Section 19194, the
Town of Tiburon intends to withdraw fJ'Om the Marin County
Library district, effective July 1, 1996.
2) This notice of intent to withdraw from the Marin County Library
District is accompanied by the statement required by Government
Code Section 5~900 et seq.
3) The clerk of the Board of Supervisors is requested to file this notice
and accompanying statement with the Assessor for the County of
J\larin and the State Board of Equalization.
Tiburon Town Council Resolution No. 3119
9120195
1
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council
on September 20, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON
MA YOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
Tiburon Town Council Resolution No. 3119
9/20/95
2
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
MEETING DATE: SEPTEMBER 20, 1995
FROM:
DAN CATRON
ASSOCIATE PLANNER
ITEM NO.
-::J-
SUBJECT:
ORDINANCE REGULATING HOURS OF USE FOR LEAF BLOWERS
**************************************************************************
BACKGROUND
On August 2, 1995, the Council referred the draft leaf-blower ordinance to the Public Services
subcommittee. The Public Services subcommittee met on August 29, 1995, and came to recommend
that the use of leaf blowers in residential areas be restricted to the hours of operation specified for
heavy construction equipment, with additional hours provided on Saturday. The allowed hours as
proposed by the Public Setvices subcommittee would be 8 AM. to 4 P.M. Monday through Friday,
and 9:30 AM. to 4 P.M. on Saturdays.
ANALYSIS
Planning Department Staff believes that any leaf blower regulations adopted by the Town should be
simple and easy to enforce. Any such ordinance should I) Not involve decibel meters; and 2) Not
require a permit process. The simple regulation of hours proposed by the Public SelVices
subcommittee would meet these criteria.
RECOMMENDATION
I. That the Council consider adoption of the draft Ordinance as recommended by the Public
Services subcommittee.
EXHIBITS
1. Draft Ordinance A (As recommended by Public Services subcommittee)
2. Town Council minutes from 6-7, 6-21, and 8-2-95
3. Letters from George Swift received 8/14/95 and 9/4195
4. Letter from Timothy Hayes received 8/1 1/95 and 9/6/95
5. Letter from Belvedere Land Company received 8/11195
6. Letter from L.1. Keller received 8/18/95
7. Letter from Charles Cavagnetto received 917195
8. Letter from Lyford's CovelOld Tiburon HOA received 9/15/95
Tihuroo Town Coundl
Staff Report
9/211/95
1
ORDINANCE NO. (DRAFf)
AN ORDINANCE OF THE TOWN OF TlBURON ADDING A NEW CHAPTER 30 TO
THE TmURON MUNICIPAL CODE RESTRICTING THE USE OF GAS-POWERED
LEAF BLOWERS
SECTION 1. ADOPTION.
The Town Council of the Town of Tiburon does hereby ordain that Chapter 30 shall
be added to the Tiburon Town Code as follows:
Chapter 30. Gas Powered Leaf Blowers
Sections:
30-1
30-2
30-3
30-4
30-5
Title
Purpose and Intent
Definitions
Restricted Uses: Time of Day, Days of Week
Enforcement and Violations
Section 30-1
:ri1k
This Ordinance shall be known as the "Town of Tiburon Leaf Blower Ordinance" and
may be so cited.
Section 30-2
Purpose and Intent
The purpose of this section is to regulate the use of gasoline powered leaf blowers
within residential areas of the community, so as to prevent the unreasonable and
continuous disruption of households due to leaf blower noise and the devices' ability to
broadcast dust and other airborne pollutants into the air and onto nearby properties.
This section also seeks to allow residential property owners (or their employees, agents or
contractors) to maintain the appearance and condition of their properties using gas-
powered leafblowers on certain days and at certain times.
Tiburon TO\m Council
Lear Blower Ordinance (draft)
9/20/9S
1
Residential areas are being distinguished from other areas of the Town because of the
special maintenance needs for commercial and other public areas, and the particular
sensitivity of residential uses to the impacts and effects resulting from the use of gas-
powered leaf blowers.
Section 30-3
Definitions
Gas-powered leaf blower- A gas powered leaf blower is defined as any leatblower
directly powered by an internal combustion or rotary engine using gasoline, alcohol or
other liquid or gaseous fuel. Electrically powered leatblowers are not included in this
definition.
Residential area- Any parcel of land where the primary use of the property is for
residential purposes (such as a single family residence, duplex, apartment building, or
other fonn of residential structure). Street areas, up to the center line of the street,
directly in front of properties used for residential purposes are also considered residential
areas for the purposes of this ordinance.
Section 30-4
Restricted Uses: Time of Day. Days of Week
It shall be unlawful for any property owner or employee, agent or contractor
working for a property owner to operate a gas-powered leaf blower to blow leaves, dirt,
or other debris off sidewalks, driveways, lawns, or other surfaces within any residential
area of the Town, except from 8:00 A.M. to 4 P.M., Monday through Friday, and 9:30
A.M. to 4 P.M. on Saturday. No use shall be allowed on Sunday or on holidays
recognized by the Town of Tiburon.
Section 30-5
Enforcement and Violations.
Violations of this section will be subject to an enforcement process that includes a
verbal or written cease and desist warning from Town officials, followed by a notice of
violation of an infraction, and up to a $250 fine for failure to comply with the provisions
of this section.
Any property owner or employee, agent or contractor working for a property
owner who violates this ordinance may also be considered guilty of an infraction, and
each day such violation is committed or permitted to continue shall be constitute a
separate offense and shall be punishable as such.
Tiburon Town Council
Leaf Blower Ordinance (draft)
9/20/9~
2
SECTION 2. SEVERABILITY.
If any section, subsection, subdivision, paragraph, clause or phrase of the
Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid,
or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof
and the Town Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional or invalid or ineffective.
SECTION 3. EFFECTIVE DATE.
This Ordinance sball take effect and be in force thirty (30) days after tbe date of
passage. Pursuant to the provisions of Government Code Section 36933, a summary of
this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the
Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall
(1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of
this ordinance. Within fifteen (15) days after adoption of this ordinance, the Town Clerk
shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified
copy of the full text of the ordinance along with the names of those Council members
voting for and against the ordinance.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on , 1995, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on , by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE, TOWN CLERK
Tiburon Town Council
Leaf Blower Ordinance (draft)
9/20/9S
3
h M. Sr. h '(d" II'
team treet property owners mlg t were conSl enng msta mg ra
changing the sidewalks, raising the street or closing it to traffic in order to c
ADA requirements.
During public hearing, Carolyn Garrity, 283 Karen Way, suggested other solutl
such as access through back doors, and cited her experience working on 201 Califor
Street in San Francisco.
Thomas Frankovich, attorney for Partick Conley and Don Sticle, two of the
defendants suing the Main Street property owners, said that the litigation arose out of
people coming into Tiburon on the ferry and finding 50% of the businesses on Main
Street inaccessible. He said they would work with the businesses to make them
accessible, and proposed raising the sidewalk on the West side of Main Street next to
Westerly Teas and stepping it down gradually two inches; raising the sidewalk on the
East side of Main Street by six inches all from Thai Family Restaurant all the way to
Tommy's. He said the code did not require hand rails but that it was not a bad idea to
install one in front of Silk & Satin, and Thai Family.
Mr. Frankovich said the City had a duty to comply with Title 2 to make reasonable
accommodation as a public entity.
Hearing returned to Council. Mayor Thompson suggested creating a subcommittee
to work with the merchants to resolve the issue. Councilmember Nygren said that
Council should first deliberate about the options, and questioned whether it was a good
idea to close Main Street. Mayor Thompson and Councilmember Thayer concurred
about not closing the street.
Town Manager Kleinert said he was encouraged by attorney Frankovich's remarks
and would pass on the suggestions and ideas to the property owners through the
Chamber of Commerce. Attorney Frankovich said the case would be heard in Federal
Court and would probably go to trial in January (1996).
F. PUBLIC HEARING
..,
10. LEAF BLOWER ORDINANCE. Councilmember Thayer suggested amending
the ordinance to allow the use of leaf blowers on Saturdays. Councilmember Nygren
moved to read the Ordinance by Title Only, seconded by Thayer. All ayes were
recorded.
Mayor Thompson read, "An Ordinance of the Town of Tiburon Adding a New
Chapter 30 to the Tiburon Municipal Code Relating to the Restricted Use of Gas-
Powered Leaf Blowers," and to include the Saturday amendment.
VOTE:
AYES:
Nygren, Ginalski, Wolf, Thayer, Thompson
TOWN COUi\CIL MINUTES # 1055
6/7/95
8
EXHIBIT No.3
e( '*
NOES: None
~
9. Leaf Blower Ordinance. Councilmember Wolf said she thought the ordinance as drafted
was almost meaningless and asked that it be sent to the Planning Commission for their review. She
suggested that the Commission develop a proposal similar to Ross' ordinance which limits the use of
gas leaf blowers. Council member Thayer concurred.
Mayor Thompson opened the public hearing.
George Landau, 82 Sugarloaf, said that leaf blowers were loud and saw no reason for their
existence. He thought Belvedere had the right idea in banning (gas) leaf blowers.
Joe Keller, 699 Hilary Drive, concurred.
Hearing returned to Council.
MOTION:
To remand the ordinance to the Planning Commission to develop a new ordinance in
the direction of Ross' ordinance.
Moved:
Vote:
Wolf, Seconded by Thayer
AYES: Unanimous
NOES: None
F. COMMUNTCA nONS
10. Eighth Annual Chili Festival. Unanimously approved.
11. Letter from Attorney Nielsen to Town Manager. Town Manager Kleinen reponed
receiving a letter from Mr. Zelinsky's lawyer, Chip Nielsen, suggesting the Town ask the State to
remove the lis pendens from the Town-owned ponion of the propeny at the Downtown Town Hall
site).
Council member Thayer said he thought it was an appropriate step. Council directed Town
staff to write a letter to the State.
G. STAFF & TOWN i\lANAGER REPOHTS
Council directed Town stan' to set up interviews for openings on the Planning CommIssion
and Dcsign Review Goard. Town i\lanagcr Kleincn said hc had scnt kllcrs to the incumbcnts :1110
was waiting for their replies.
TOWN COU:--:CIL i\11:--:UTES 111057
6121/95
6
r
l
----?
I
L
i
\
still being violated, and that sometimes it takes trees five years to die.
Suzanne Sack, 4 Paseo Mirasol, said she would like to see the development done properly.
Hearing returned to Council.
Council member Thayer and Ginalski thought there had been clear violations of the Mitigation
Monitoring Plan and asked the Town Attorney to look into the suggested increase to the tree
replacement ratio and bonding issues.
Council member Wolf stated she did not agree with the idea of a citizen oversight committee or
bond, and said it was not clear that there were violations. She said a letter of guarantee would be
sufficient (in lieu of a bond).
Mayor Thompson said it was not clearly identified what had been violated or what had not, but he
concurred with the recommendation of a public review process recommended by staff. He also
said he liked the idea of a citizen liaison committee and went along with the idea of a bond.
MOTION:
To adopt Staff recommendations; Town attorney to determine replacement ratios;
Notice hearing for damage to Heritage Oak; Bond issue to return to Council.
Moved:
Vote:
Ginalski, Seconded by Thayer.
AYES: Unanimous
Town Manager Kleinert commented that he thought Staff had done an excellent job montoring
what was obviously a very sensitive project. He suggested that the Council consider hiring a full-
time monitor for future development projects. Planning Director Anderson said that the
developer would pay for the monitor in the Harroman project.
9. Restrictions on Leaf Blowers. Associate Planner Catron presented newly written Ordinance
limiting leaf blower use to Tuesdays, Wednesdays and Thursdays, and recommended exempting
the Town's Public Works Department, the Tiburon Peninsula Club and other special applications,
and prohibiting use on holidays.
George Landau, 82 Sugarloaf, and Joe Keller, Tiburon Resident, continued to call for a complctc
ban during public hearing.
Barbara Matthcws, Manager ofTPC, said the club needed leafblowcrs to c1car the tennis courts
and wanted a more flexible usage schedule.
Tony lacopi, Superintendcnt of Public Works, said the bike path could not be kept as clean with
brooms and presented potential liability issucs for the Town.
TOWN COUNCIL r\IINUTES 111060
August 2, 1995
4
r-
L
Doug Kelley, 188 Lyford Drive, said the noise was excessive for people working at home and
preferred a complete ban. He favored exempting Public Works.
Hearing returned to Council.
Councilmember Wolf recommended a complete ban with an exemption for property owners of
one acre or more. Councilmember Thayer said the ordinance did not cure the problem of other
noisy equipment, such as chainsaws, lawn mowers, etc. Council member Nygren said the
ordinance was an example of overregulation. Councilmember Ginalski recommended some sort
of hardship permit to deal with the exemption issue.
A motion was made by Mayor Thompson and seconded by Council member Thayer, to adopt the
ordinance, limiting use within "residential" areas only. Motion failed with noes from Ginalski,
Nygren and Wolf.
Town Manager Kleinert suggested referring the ordinance to the Public Services Committee for
further work. Motion was made and passed unanimously.
11. Mill Vallev Refuse Franchise Agreement. Town staff recommended a 10-year extension.
Attorney AI Bianchi, representing MVRS, said the company had asked for an extension to 2015 in
order to amortize equipment costs and plan for capital improvements. He said other Marin cities
had 15 and 20-year contracts. He said the Town had received excellent service and cooperation
from the company and that they would work together to meet and maintain the goals set by
AB939. He assured Council that the Town would have a "favored-nation" clause ifit was the
first to sign the renewal before the other cities (Belvedere and Mill Valley).
Council continued item until first meeting in September with prior review by the Public Services
Committee.
13. Red & White Ferrv Service to Candlestick Park. Councilmember Ginalski expressed concern
about potential parking problems for such an event or service. Terry Koenig, Red & White Fleet,
said that 75% of the tickets had been purchased by Tiburon Peninsula residents. Council
continued item to next meeting to see if there were any problems on August 6.
12. Downtown Main Street ADA Compliance. Town Engineer Mohammadi showed drawing of
potential solution which would require raising t-.lain Street and resurfacing the sidewalks, the cost
of which could be shared by the property owners.
During public hearing, Tom Purdy, 19 1\'[ain Street, said it would be cheaper for him to install two
ramps with railings and that he had submitted plans to the Building Department.
Attorney Frankovich. representing plaintifTs in the lawsuit. said he thought thc Town Engineer's
drawing looked acceptable. lIe also said that II entrances needed to be made accessible.
TOWN COUNCIL t-.IINUTES 111060
August 2, 1995
5
RECEIVED
AUG 1 4 1995
TOWN OF TIBURON
PLA;miNG & BUILDING DEPT.
H~A~I-,:-ro:u~ ~/LtJJ
Cf -}O-?s-
o ~~~~~~
lIUt; 1 1 1995
TOWN MANAGl2fl'S OFFICE
TOWN OF TI!3URON
/
I~o. Box a16
TIlll"IW:\'
C.\LlF 94920
GEORGE SWIFT, PH.D.
EXECUTIVE ~1A:-':A{jDfEXT IXSTITl:TE
(415) 435-1448
H",1JQ~, Gt-~
cr ~c-/ ~ ? .s--
~~~/
r.o. [~)X 316
TIII\'JWS
C\I.IF. 94920
GEORGE SWIFT, PH.D.
EXECUTIVE MANAGEMENT ISSTITL"TE
(415) 435-1448
~/ ~ /9~J/
~
70
1.10
~~CC~U~~ f
tlUG 1 j W95
TOWN MANAGER'S OFFICE
TOWN OF TIBURON
Timothy D Hayes
2217 Centro East Street
Tiburon, California 94920
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RECEIVED
AUG 1 4 1995
TOWN OF TIBURON
PLAr~NING & BUILDING DEPT.
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Timothy 0 Hayes
2217 Centro East Street
Tlburon. California 94920
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SEP 0 7 1995
TCWN Or TIBURON
PLl..:~NING & BUILDING DEPT.
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RECEIVED
AUG 1 4 1995
TOWN OF TIBURON
PLA;~NING & BUILDING DEPT.
August 10, 1995
fRf~(eteD'W
4VG 1 1 1995
TOWN MANAGE~'$ Of"FICe
TOWN OF TIBUI'10N
Bob Kleinert
Town of Tiburon
Tiburon Town Hall
Dear Bob:
The Belvedere Land Co. would
like to be on record favoring
the use of gas powered leaf
blowers for cleaning of the
shopping center lot.
A limited, early morning use
is preferable because of the
problem caused by autos after
the stores open which is 9:00
a.m.
A couple days per week is what
we would like to have available...
Hopefully a variance to the
policy would permit such for
commercial shops.
ili~,a.n_.k._~OU (
~v~;1~'
. Gene Me senger Mgr.
BELVEDER LAND COMPANY
Belvedere Land Com~ny . 83 Beach Rood. P 0_ Box B . Belvedere. CA 9t\920 . 415-435-4:,
'\
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RECE~VED
AUG 2 1 1995
~~~~O~~[Q)
AUG 1 B lccr
TOWN MANAGER'S OFFICE
TOWN OF TIBURON
1ft
~lf,
~
TOWN OF' TIBURON
PLANNING & BUiLCING OEPT.
8/18/95
Robert L. Kleinert, Town Mgr.
Town of Tiburon
1155 Tiburon Blvd.
Tiburon 94920
Dear Bob:
Re: Gas Powered Leaf Blowers
1. Because of the very loud noises and pollutions, three of
our neighboring cities have completely banned gas blowers.
2. Lani Valentine, mayor of Belvedere, reports no problems
with enforcement, unkempt yards or gardeners since the
ordinance passed. The City Clerk of Mill Valley reports the
same. I have not contacted Ross.
3. The City of San Anselmo restricts blower use to three days
a week, and from only 1 to 4 P.M. on those days.
4. I have five(5) immediate neighbors who employ five
different gardeners who use gas blowers. They come a number
of different times throughout the month. That is too much.
5. Gas leaf blowers seem to be operated incessantly. Using a
gas leaf blower for an hour pollutes as much as driving a car
for 2 1/2 hour s. (Maybe it is because they don I t have
catalytic converters.) Their pollution includes dust, gasses,
clippings, leaves and pollen which more often than not are
just blown into the surrounding shrubbery.
6. In regards to special exemptions: A tennis court can be
swept in about fifteen minutes with a three foot brush (Which
is the way it was done before blowers). That is only a few
minutes more than it takes for a blower and a brush still has
to be used to pick up. Less pollution for players. As for the
bike path, a large brush towed by the truck would work just
as well and would be considerably faster.
Get rid
neighbors have.
~
L.J./Ke
699Bi ary Dr.
Ti b~r an
L/
P.S. Copy of air pollution article encl.
<:>....~-, 1"....... f lo
court system. . . - .. , . ~ . ;'~~tthei;ti~; ~or~ wisely by do-' II "\... ..ii;:i~'~!( 'l.;oon~ otDl
' Then, underneath ~ p~oto.o;..:. _._~"-"".I.7rp<t-",'wn.n'l.n.,~ shaI"j) 0 make their h~e;' Otl' '_n~..property
I blood-covelfi~ RlgRtt'J~ndhis ~ife claws The water streamed inside they share.
'" .Jf"~~d'~;ter dripping. When he got and i~to the living room below. " "I don't really mind" Sorkin said.
. :\lp to investigate he found five rac- The probl~m has been .quelled t.hey have a b . "on-
:., :-ofoons scampering away. They had sOl' SorkIns . their a p":/inc:;..,.'
~.
"
"
!:
l; L",,'-'
: ..Air
I ~- ,
~ .~~> }': . From page A(
~ I" ~:.lCtC4h' , I
f-! . .<1{'rThe air management district lS-
~, _'J~!",ues "Spare the Air" advisorjes
' J..'\Vhen the smog level is expecte<;f to
{..exceed state standards. These "tVi-
l,th9ries are not to be confused ith
'Blimog alerts, which were much ore
ft":fC, ommon in the late 1960s andfearly
i 19705 before emission stantlards
,.. .'''were tightened. A first-stag smog.
. xlalert is issued when the 0. e hits
,.' 20 parts per 100 million. he last
:,' rJ3ay Area smog alert was ssued in
I 1983.
I The Bay Area's smog 'est year
I was 1970, when there Were eight
I stage-one smog alerts, Wittorp said.
I Several communities exceeded
I .state standards yesterday 'and two
I communities exceeded federal stan-
0, I dards. Livermore hit a high reading
I of 13 and Concord, with a little help
! from its neighbors, hit a wqopping
I high of 15., . \ _,
. I, Concord is one of the places'that
t receives Marin's dirty air. Marin's
I! pollution also blows into Sono~ ~'_
I and Napa, Wittorp said.
I "Pollution blows from one com.
I munity to another so we need to
I work together and help reduce pollu-
\~ tion no matter where we live," Wit.
':' torp said. "The air pollution we pro-
I duce is going to blow into someone
I else's community."
I To illustrate the point,' Wittorp
I pointed out that the Napa Valley
nas exceeded state health standards
. -three times this year, including yes-
(": -{erday, even though fewer people in
I Napa than Marin drive, the primary
I source of pollution. Marin County
I drivers travel 5 million miles a day;
, Napa drivers travel 2 million miles a
day, Wittorp said.
Ozone occurs naturally and safely
in the upper atmosphere. It occurs
, on the ground when the exhaust
from combustion engines and other
pollutants - hydrocarbons and ni.
, Salmon
. I From page Al
I
HMost everyone's back in port
now because there's just no fish
around," said Zeke Grader, execu.
tive director of the Pacific Coast
Federation of Fishermen's Associa.
How '~,e~i?ent~.~ansp~re the air .
.\.::
. 'i~':
....
')i"',";
If you have to go ~ut for that said. _ I '
10-mile run, don't do it in the af- More than half of the smog
ternoon during these hot, smog- generated du"!,g the summer
gy days of summer. , . .. ,-...,., c?me~ from vehIcles. So .the t:>rst
That's the advice of the Bay tIp Wlttorp h~ ~ offer IS a Slm-
"Area Air Quality Management pIe one: try drivmg less or not at
- District.' .'.. all.. .
Athletes should avoid exereis- ' Other tips: . . ..
:fng outdoors during the after- .".. AVOId US1n~ gasolIne- .
. noons, wh~n smog . levels .peak, powered garden eqUIpment, such
. .said Randy Wittorp, a spokes- . as lawn mowers,. weed eaters and
. man with the management dis- leaf blowers. ,usme a leaf blowet,
. tri t. . . ,,,.'fgr an hour iioIIut~. as much !IS-
In'fants, children, seniors, kvmg a car lor 2';' hours. Wit-
pregnant women and people with ~<1,_, __ ,
respiratory and heart conditions,: YOl! barbecue, dOD; t use
also should take it easy when the hghter flUId. Charcoal chImney
district issues "Spare the Air" s~ers can be purchased from a
; warnings, Wittorp said. _. varIety of pla~..s: usually for un- .
: - Even though Marin, has not der $10.. ..
: had smog levels that exceed state' ~ AVOId usmg aerosol sprays,
standards, it does contribute to whIch. account for 25 tons of aIr
high smog levels throughout the pollutl~n every daY;..lJse pump
- Bay Area and residents should sprays mstead.
help in reducing smog, Wittorp . - Janet Kornblum
,"._, ,:
trogen oxides -=. COEJ,hine--wl sun.
. ht. The j:eactt6ii produces photo-
en . at8mog, otherwise known as
Ozone.
Lower temperatures and fog help
prevent the chemical reaction from
taking place. .
At moderate levels, sensitive peo-
ple, including children, seniors,
pregnant women, and people with
respiratory and heart conditions,
can have trouble breathing, Wittorp
said.
, Local preschools and senior cen-
ters said their clients have been
much more affected by the heat than
the smog.
uWe have been doing a lot of wa-
ter playing the last couple of
months," said Susan Gilmore, exec-
utive director of the North Bay
Children's Center in Novato. Gil-
more said they have pools set up
tion in Sausalito.
Grader said some fish are stiJI be.
ing caught around Bodega Bay.
Fishing boat operators fought off
Some wholesalers offering $1.25 to
$1.50 per pound for the salmon, de-
pending on the size of the fish. Fish.
ing boat operators, like farmers, Ie.
gaJly can negotiate the price of their
product in advance depending on
,
,
.~'A~""
".'"i'-
1_ ,~:~~"
both insl 0 e c er to
keep infants, toddlers and pre-
.schoolers cooled off. They also are
. providing kids a lot of water and
juice. .,
Ed Ryken. executive director of
the Marin Senior Coordinating
Council, said in general, seniors stay
home in larger numbers on hot and
smoggy days, but there wasn't a big
drop.offin attendance at senior cen-:
ters yesterday. _',
Sometimes, seniors find that life
at the centers is better than at home,
said Kathy Kormos, director of the
Margaret Todd Senior Center in
Novato. .
"We are in a nice, air-conditioned
building," she said. "One of the
things we've been finding is a slight
increase in people coming in and
participating in the air condition.
ing."
the anticipated supply.
Except for a couple stores offering
some low prices recently, the cost of
local salmon stayed pretty stable
during the strike throug-hout the
Bay Area. It won't drop any time
soon.
Mach Shahean at Battaglia Sea-
food on South Novato Boulevard in
Novato only carries the local salmon
"
RECf.,WED
SEP 0 7 1995
TOWN OF TIBURON
PLANNING & BUILDING DEPT.
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CHARLES P. CAVAGNETTO. FIC
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Lyford's Cove - Old Tiburon
Homeowners Association
September 12, 1995
RECEl\flED
SEP 1 5 1995
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
TOWN Or- TIBURON
PLANNING & BUILDING DEPT.
Attn: Dan Catron
Dear Mr. Catron:
In reference to the public hearing on September 20th
to consider a gas-powered leaf blower ordinance, be advised
that the Board of Directors of the Lyford's Cove - Old
Tiburon Homeowners Association supports a total ban on
gas powered leaf blowers.
The Board Members at our last meeting cited instances
where the engine driven devices disrupt their peaceful privacy
on a daily basis. Also, it was felt that the blowers were
ineffective and other garden tools could better accomplish
the task rather than the "MJw, Blow and Go" method.
If the Town Council chooses to limit the hours of
operation, then the most restrictive regulation would be
reco rnmended.
Very truly yours,
JAd-vv~ cY' I5~J~
Franklin J. Buscher
President
EXHIBIT NO. B
TOWN COUNCIL
ST AFF
REPORT
TO:
TOWN COUNCIL
MEETING DATE: 9/20/95
ITEM NO.: '2
FROM:
SCOTT ANDERSON, ~
PLANNING DIRECTOr
SUBJECT: REVIEW OF PLANS FOR CONSTRUCTION OF TWO SINGLE FAMILY
DWELLINGS AT 1960 CENTRO WEST STREET, Dave & Diane
Williams, applicants; Assessor Parcel No. 59-061-10
BACKGROUND
The applicants submitted drawings for this item on September 6,
1995, but withdrew them shortly thereafter in order to make
additional revisions. As of the writing of this report
(9/15/95), revised plans have not been submitted by the Williams.
Staff is therefore unable to prepare a suitable Staff Report on
the matter.
RECOMMENDATION
That the Town Council move to continue the item without
discussion to the next regular meeting on October 4, 1995.
TlBURON TOWN COUNCIL
STAFF REPORT
'm""
1
TOWN COUNCIL STAFF
REPORT
TO:
TOWN COUNCIL
MEETING DATE:
REPORT DATE:
ITEM NO.: Cj'
SEPTEMBER 20, 1995
SEPTEMBER 15, 1995
FROM:
DAN CATRON,
ASSOCIATE PLANNER
SUBJECT:
375 TAYLOR ROAD: PRECISE DEVELOPMENT PLAN EXTENSION OF
TIME #39503: REQUEST TO EXTEND ALLOWABLE TIME FOR
IMPLEMENTATION OF PLANNED DEVELOPMENT #7.
PROJECT DATA
Address: 375 Taylor Road
AP No.: 38-182-42
File No.: Precise Development Plan Extension of Time #39503
General Plan: L (up to .5 dulac.)
Zoning: RPD
Property Size: 5 acres +1-
Current Use: Vacant land
Owner: Miranda Leonard
Applicant: Bruce Moody
Date Complete: NA
Permit Streamlining Act Deadline: NA
PROJECT DESCRIPTION
Bruce Moody, representative for Ms. Miranda Leonard, is requesting an Extension of Time for
implementation of the approved Precise Development Plan for 375 Taylor Road (Parcel G of the
Ring Mountain subdivision). The project site is currently vacant land and is zoned RPD. The
General Plan Land Use Designation for the site is L (up to .5 dulac.).
A Precise Development Plan was approved for this property on November 4, 1992. TIle Precise
Development Plan established development parameters and other requirements for one single
family residence on the 5 acre site. TIle Precise Plan was set to expire 36 months after the
effective date of the approval (December 4, 1992) if further permits (such as Site Plan and
Architectural Review approval) had not been issued to implement the project.
On August 23, 1995, the Tiburon Planning Commission adopted Resolution 95-14 recommending
TIBlII{ON T()WN COlJNCIL
. ~l AFF REPORT
SEI'TEMBER 20, 1995
that the Town Council grant the requested Extension of Time.
ANALYSIS
The Precise Development Plan was discussed extensively prior to its final approval by the Town
Council in 1992. Discussions focused on issues of pedestrian access easements to Ring Mountain,
fencing design, and building colors/materials. The applicant is not proposing to change any aspect
of the project or the approval. Staff is not aware of any changes in the circumstances of the lot, or
of any regulations of the Town, which would affect the approved Precise Plan.
Environmental Status
The project is categorically exempt from the requirements ofCEQA per Section 15303 of the
CEQA Guidelines.
RECOMMENDATION
Staff recommends that the Town Council take public testimony and adopt the draft resolution
granting a two (2) year extension of time for implementation of Planned Development #7 as
approved by Town Council Resolution 2888.
EXHIBITS
I.
2.
3.
4.
5.
6.
Draft Resolution
Planning Commission Resolution 95-14
Town Council Resolution 2888
Written text of the approved Precise Plan.
Zoning Ordinance Section 4.08.07
Approved Precise Plan Exhibits (6 sheets)
L't (]~5 i.... Cw.~ p~f! ~
Idanltc39503.rpt
TIBURON TOWN COUNCIl,
STAfF RJ~PORT
SElTl'EMBER 20, 1995
RESOLUTION NO. 95-(draft)
A RESOLUTION OF THETOWN COUNCIL OF THE TOWN OF TffiURON
APPROVING AN EXTENSION OF TIME FOR IMPLEMENTATION OF PLANNED
DEVELOPMENT #7 AT 375 TAYLOR ROAD
(RING MOUNTAIN PARCEL G)
ASSESSORS PARCEL NO. 38-182-42
WHEREAS, the town Council of the Town ofTiburon does resolve as follows:
Section 1. Findings
A. The Town of Tiburon has received and considered an application filed by Bruce Moody to
extend allowable time for implementation of the approved Precise Development Plan for
375 Taylor Road. The application consists of the following:
1. Application form received July 14, 1995
2. Approved Precise Plan exhibits
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, resolutions, minutes, application materials, and all
comments and materials received at public hearings.
B. The Planning Commission held a duly-noticed public hearing on August 23, 1995, and
recommended that the Town Council grant the requested Extension of Time. The Town
Council held a duly-noticed public hearing on September 20, 1995, and heard and
considered testimony from interested persons. The Town Council has found that the
requested extension of time is consistent with the goals, policies, and provisions of the
Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town Council
Resolution #2888.
C. The project is found to be exempt from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Cowlcil of the Town of
Tiburon does hereby approve an extension of time for implementation of the Precise Plan for 375
Taylor Road (Ring Mouintain Parcel G) as follows:
TiburonToWTl Council Resolution No. 95-draft
9/20GJ
EXHIBIT NO.
1. The expiration date for the Precise Development Plan approved by Resolution
2888 on November 4, 1992 shall be extended for 24 additional months. The new
expiration date will be December 4, 1997. The Precise Development Plan shall
expire on that date unless subsequent zoning and/or building permits have been
issued pursuant to said approval.
PASSED AND ADOPTED at a regular meeting of the Town Council on -' by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town ofTiburon
ATTEST:
DIANE CRANE, TOWN CLERK
TiburonTo'Ml Council Resolution No. 95-draft
912O{g5
RESOLUTION NO. 95-14
A RESOLUTION OF THE PLANNING COMMISSION OF TIlE TOWN OF TffiURON
RECOMMENDING APPROVAL OF AN EXTENSION OF TIME FOR IMPLEMENTATION
OF PLANNED DEVELOPMENT #7 AT 375 TAYLOR ROAD
(RING MOUNTAIN PARCEL G)
ASSESSORS PARCEL NO. 38-182-42
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows:
Section 1 Findings
A. The Planning Commission of the Town ofTiburon has received and considered an
application filed by Bruce Moody to extend allowable time for implementation of the
approved Precise Development Plan for 375 Taylor Road. The application consists of the
following:
1. Application form received July 14, 1995
2. Approved Precise Plan exhibits
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, resolutions, minutes, application materials, and all
comments and materials received at public hearings.
B. The Planning Commission held a duly-noticed public hearing on August 23, 1995, and
heard and considered testimony from interested persons. The Planning Commission has
found that the requested extension of time is consistent with the goals, policies, and
provisions of the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town
Council Resolution #2888.
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15303 of the CEQA Guidelines.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission ofthc TO\\l1 of
Tiburon does hereby recommend that the Tiburon Town Council approve an cxtension oftimc 101'
implementation of the Precise Plan for 375 Taylor Road (Ring Mouintain Parcel G) as follows:
Tiburon Planning Commission Resolution No. 95-14
8123.95
EXHIBIT NO. L
1. The expiration date for the Precise Development Plan approved by Resolution
2888 on November 4, 1992 shall be extended for 24 additional months. The new
expiration date will be December 4, 1997. The Precise Development Plan shall
expire on that date unless subsequent zoning and/or building permits have been
issued pursuant to said approval.
PASSED AND ADOPTED at a regular meeting of the Planning Commission on August
23, 1995, by the following vote:
AYES:
COMMISSIONERS: Greenberg, Heckmann, Siewert
ABSENT:
COMMISSIONERS: Schrier
i// 7 O~ :;
(<<Nt &~
MARYL~/SfEWERT, C
Tiburon J>l:anning Commission
ATTEST:
~~Jt)OJ~Hn~_)
SCOTT ANDERSON, SECRETARY
Tiburon Planning CommIssion Resolution No. S6-14
81Z3195
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RESOLUTION NO. 2888
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A PRECISE DEVELOPMENT
PLAN FOR RING MOuNTAIN PARCEL "G" (PD#7)
A. P. NO. 38-182.42 (375 TAYLOR ROAm
SECTION 1. FINDINGS.
A. The Town of Tiburon has received an application for a Precise Development Plan
for the development of 4.88 acres of land at the end of Taylor Road extension.
B. The approved Precise Development Plan materials consist of:
a. Written text entitled "Precise Development Plan Text, Ring Mountain
Parcel G", revised October 28, 1992 (2 sheets);
b. Site Plan/Building Envelope/Fencing Plan prepared by Walker & Moody
Architects, revised October 28, 1992 (1 sheet);
Additional application materials included for information purposes only include:
c.
Grading Plan prepared by Walker & Moody Architects dated 4/2/92 (1
sheet);
Site/Building Sections Plan prepared by Walker & Moody Architects dated
4/2/92 (1 sheet);
Topography Map (partial) dated December, 1991, prepared by Cramer-
Davis, Inc. (1 sheet);
Slope Map dated December, 1991, prepared by Cramer-Davis, Inc. (2
sheets).
d.
e.
f.
C.
The Planning Commission held duly noticed public hearings on May 27, June 10,
July 8, and August 12, 1992 for the purpose of reviewing the application and
receiving comments and recommendations from the public. The Town Council
has held a duly-noticed and advertised public hearing on October 21, 1992, and
has considered the recommendation of the Planning Commission and all other
evidence and testimony in arriving at its decision.
D.
The Town Council finds that the project, as conditioned, is consistent with the
General Plan of the Town of Tiburon, is in conformance with the Tiburon Zoning
Ordinance, and is exempt from further review under CEQA.
1
EXHIBIT NO. 3
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SECTION 2. APPROVAL.
NOW, TIIEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the Ring Mountain Parcel "G" Precise Development Plan,
subject to the following conditions:
Land Use
1. The provisions of this Precise Development Plan are intended to supplement and
expand general provisions of Section 2.07 of the Tiburon Zoning Ordinance
(Residential Planned Development Zone), specifically for this property. Unless
otherwise established in this Precise Development Plan, all provisions of the
Tiburon Zoning Ordinance shall apply to the property.
2. This Precise Development Plan approves zoning for one single family dwelling
unit and accessory structures on 4.88 acres, as further described in the "Precise
Development Plan Text, Ring Mountain Parcel G", attached hereto as Exhibit A.
3.
This Precise Development Plan approves one primary and two secondary building
envelopes, as depicted on the Site Plan/Building Envelope/Fencing Plan revised
October 28, 1992, attached hereto as Exhibit B, except that construction of a
guest house in Secondary Envelope No.1 shall not be pennitted unless a
detennination is made by the Planning Commission that a more appropriate
location cannot be found within the primary building envelope. Construction of a .
stable for the keeping of horses shall require a Conditional Use Permit pursuant
to Chapter 20 of the Tiburon Town Code. With the exception of fencing as
described in Condition #5, and ancillary retaining walls acting to reduce the
height of the primary retaining wall for the tennis court, no structures shall be
permitted outside the approved building envelopes.
4.
The location and height of structures within the building envelopes shall be
subject to discretionary review through the Town's Site Plan & Architectural
Review process. However, the height of the primary structure (dwelling unit)
shall not exceed 25 feet above natural or finished grade, whichever is lower, while
the height of accessory structures shall not exceed 15 feet above natural or
finished grade, whichever is lower. The height of tennis court fencing shall not
exceed 15 feet above the finished court surface.
5.
Fencing may be placed outside the building envelopes as shown on the Site
Plan/Building Envelope/Fencing Plan. All fencing shall receive Site Plan and
Architectural Review approval from the Town, even if such fencing is less than J
1/2 feet in height. Fencing shall be "open" in appearance.
2
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6.
Prior to issuance of building permits for the project, owner shall record a deed
restriction prohibiting the placement of fencing or other artificial barriers to
wildlife or pedestrians over a portion of the site. Said portion is described as a
triangle with points at the northeast corner property line; a point on the property
line 80 feet south of the northeast corner point; and a point on the property line
30 feet west of the northeast corner point. The final wording of such deed
restriction shall be approved by the Town Attorney prior to recordation.
7. No future subdivision of the property shall be permitted. Owner shall record a
restriction to this effect. Such restrietion shall be written to the satisfaction of
the Town Attorney and shall be recorded prior to issuance of building permits for
the project.
8. Prior to any grading or construction or any structures, Site Plan and
Architectural Review approval shall be secured from the Town. Materials and
colors of exterior building surfaces shall be in earth-tones and shall blend with
the natural environment. Plans submitted shall provide details (colors,
materials, textures) of all proposed structures, including fences, retaining walls,
tennis court screening features, and drainage ditches.
Imnrovement and Utilities
9.
10.
11.
u.
13.
14.
Hours of construction shall be as regulated by Chapter 13 of the Tiburon Town
Code.
All construction on, and landscaping of, the property shall comply with provisions
of Tiburon Municipal Code Chapters 13E and 15A concerning water conservation
and trees. Compliance with these regulations shall be ensured during the Site
Plan and Architectural Review and Building Permit processes.
In implementing the Precise Plan approval, owner shall satisfY the requirements
of the Town Engineer, Tiburon Fire Protection District, and Marin Municipal
Water District.
Grading on the site shall be limited to the dry season from October to May,
unless specifically authorized by the Town Engineer after requiring appropriate
precautionary measures.
An erosion control plan and dust control plan satisfactory to the Town Engineer
shall be required prior to grading or construction on the site.
Graded areas shall be re.vegetated as soon as possible following completion of
grading activity.
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15.
AIl contractors and subcontractors performing work at the site shall be rcquired
by contract to haIt all work within 30 yards of any archaeologically significant
resource which may be uncovered during construction, until a qualified
archaeologist has investigated and made recommendations. Representatives of
the Native American community shall be contacted in the event of such a find.
16. AIl utilities reasonably related to the project shall be placed underground in
accordance with ToWll regulations.
EXDiration
17. This Precise Development Plan approval shall be valid for 36 months following
its effective date, and shall expire unless subsequent zoning and/or building
pennits have been issued pursuant to this approval. A time extension may be
granted if such request is filed prior to the expiration date.
PASSED AND ADOPTED at a regular meeting of the ToWll Council held On
November 4. 1992, by the following vote:
AYES:
COUNCILMEMBERS:
Friedman, Kuhn, Nygren, Thayer
Thompson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
~
ALVIN R. KUHN, MAYOR
ToWll of Tiburon
ATIEST: .
WN CLERK
"-
"
,,'
" .
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THIS 18 A TRUE AND
c-CfRTIFIED CO~'f' /
---tt~U6<-,/)f~~~
tOWN CLERK U
4
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October 28, 1992
PRECISE DEVELOPMENT PLAN TEXT
RING MOUNTAIN PARCEL G
General Information and Data
1. General Description of the Project & Site:
Project consists of a single fami Iy residence, pool. house, pool,
tennis court, and other elements as shown on the Site Plan/
,Bui Iding Envelope and Fencing plan dated 10/28/92.
The property is zoned RPO and consists of approximately 5 acres.
The site is bordered on 3 sides by the "Ring Mountain Preserve" and
on the east side by open space and one residence.
2. Design Concept:
Separate elements of the residence are to be located at different
levels, stair-stepping up the slope from the entrance al lowing
maximum views from each level. Tarraced gardens extend below each
level withpool and tennis court below. Stepped 3'-4' high planting beds
wil I provide a graceful, lush transition between each level.
3. Transportation Analysis:
There are no changes proposed in the pedestrian, vehicle and emergency
access to the site. The private drive which serves the property from
the end of Taylor Road wi I I have a gate at Taylor Road operated by remote
contro I .
A "turn around" exists at the end of the drive and wil I be maintained.
Guest parking for 3 cars wil I be provided in addition to the 2 car garage.
The project wil I have no significant impact on adjacent streets.
4. . Building Areas:
The residence building consists of approximately 6,000 sq. on the main
floor, 1200 sq. divided between 2nd floor and areas below the main floor.
The pool house is 800 sq. The garage 650 sq. The garage and the pool
house wi I I be below grade as shown.
5. Views:
Views from the lower portion of the lot to the southeast area obscured by a
row of mature Monterey Pines on the adjacent property and by the Tiburon
Penninsula. Views above the tree tops extend from Sausal ito to the San R~f~el
Richmond Bridge. A view study map is included.
APPRO'.'ED S'{
CITY CCUi\ICIL
0,; TE -1J - 4-: q.1..
RESOLUTION J ',?g ~
EXHIBIT NO..-:L
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6. Bui Iding Envelope & Fencing:
Building Envelope I imits are as shown on the Site Plan/ Bui Iding
Envelopel Fencing Plan.
7. The maximum height shall be 25 feet for the residence and 15
feet for al I other structures.
8. Slope:
A slope map is included showing that al I the structure on land
slope less than 30%, with the tennis court and pool on the flatter
portions of the lot.
9. Storm Drainage, Sewer and Publ ic Uti I ities:
The lot is served by the Corte Madera Sanitary District #2, MMWD,
P.G. & E. P.T. & T., & Cable TV. AI I services are underground.
10. Landscaping:
The terraces, stepped planters and the area immediately adjacent to
the house wi I I be landscaped_ A grove of native trees wi I I be
situated between the driveway and the tennis court. The remainder
.of the property wi I 1 remain in its natural state.
A complete landscape plan wi I I be submitted for review with the
design review appl ication.
11. Accoustical Analysis:
The only potential acoustical problem are the sounds created by
tennis players. However, the court is situated so as to mitigate
this potential problem. The nearest residence to the northeast is
more than 180' distant horizontally and at least 60' in elevation below
the court. The other residence to the southeast is 270' distant
horizontally and 62' in elevation below the court.
As sounds tend to be directed upward and disipate with distance no
negative impact is expected.
: i. ~ , ~ :. ..:.
p. J 0+ :J..
Tiburon Town Code Chapter 16: Zoning (
SUBCHAPTER 4: ZONING PERMITS '
4.08.04. Principles
Contd.
(j) Proposed arrangement of residential units and design of
circulation system shall provide harmonious transition from
and be compatible with, neighboring development and open
space. Monotony in design shall be avoided.
(k) Adequate consideration shall be given to the need for privacy
and with minimum visual and aural intrusion into indoor and
outdoor living areas from other living areas.
(1) Improvements shall be placed so as to minimize intrusion of
noise on nearby areas.
(m) Landscaping shall be designed so as to result in the least
possible disturbance of natural andlor open areas and shall
be compatible with the natural setting. Consideration shall
be given to fire protection, water conservation, protection
of views and trail areas, and buffering of noise.
(n) Utilities shall be underground and street lights, if needed,
shall be of low intensity and low in profile.
(0) Materials and colors used in improvements shall blend into (
the natural environment to the extent reasonably possible.
(p) Consistency with other goals and policies of the General Plan
Elements shall be demonstrated.
4.08.05.
Expiration of Precise Development Plan.
Any Precise Development Plan approval shall expire and become null
and void unless one of the following happens within 36 months after
its effective date:
1. A Tentative Subdivision Map is approved consistent with
the approved Precise Development Plan; or
2. If no subdivision map is necessary, subsequent zoning or
building permits have been issued pursuant to the
approved Precise Development Plan.
3.
An extension has been granted. A request for extension
must be filed prior to the expiration date and shall be
accompanied by a filing fee to be established by
resolution of the Counci 1. The permit holder shall
submit sufficient information to the Town to determine
whether good cause for an extension exists.
Consideration of the extension shall be in accordance
C"
Tiburon Zoning Ordinance (No. 360 NS., as amended 5/7/92)
Page
149
EXHIBIT NO. .s-
( ))
t
\,
Tiburon Town Code Chapter 16: Zoning
SUBCHAPTER 4: ZONING PERMITS
with Section 4.08.07 pertaining to amendments.
Upon expiration of a Precise Development Plan, the zoning for the
site shall revert to that which existed prior to the Precise
Development Plan approval, or if such zoning designation no longer
exists, to its nearest equivalent as determined by the Council.
4.08.06. Denial, Conditional Approval of Plan.
If from the facts presented, the Council is unable to make the
findings to approve a Precise Development Plan, the application
shall be denied. In taking action, the Council may deny the
Precise Development Plan as submitted, or may approve said plan
subject to specified amendments or conditions.
4.08.07. Amendment.
Amendments to an adopted Precise Development Plan shall be
processed using the same procedure as described in Section 4.08.03
pertaining to original adoption except that in cases where the
Planning Commission votes to deny an application for Precise Plan
Amendment, then the action of the Commission shall be final, and no
action of the Council shall be required. Decisions of the Planning
Commission may be appealed as provided in Section 3.08.00.
4.08.08. Moratorium.
The period of time specified for the expiration of the Precise
Development Plan shall not include any period of time during which
a development moratorium, imposed after the approval of the Precise
Development Plan, is in existence, provided, however, the length of
the moratorium does not exceed five years.
Once a moratorium is terminated, the Precise Development Plan shall
be valid for the same period of time as was left to run on the
approval at the time that the moratorium was imposed. However, if
the remaining time is less than 120 days, the approval shall be
valid for 120 days following the termination of the moratorium.
Tiburon Zoning Ordinance (No. 360 N.S.. as amended 5/7/92)
Page
150
Tiburon Town Code Chapter 16: Zoning
SUBCHAPTER 4: ZONING PERMITS
(
4.08.02. Contents Contd.
(q) A statement describing whether the development involves
diking, filling, dredging or placing structures in open
waters, wetlands, or riparian corridors. If yes, then
describe the specific nature of the proposal in this regard
and note whether an Army Corps of Engineers permit and/or a
Bay Conservation and Development Commission permit has been
or will be applied for.
3. PHOTO MONTAGES of the site as seen from critical vantage
points, with accurate depictions of the proposed project
superimposed, as well as one or more story poles or
equivalent references as necessary to verify heights.
4. SUCH OTHER INFORMATION AS THE PLANNING DIRECTOR MAY
REASONABLY REQUIRE.
The relevancy of some of the above requirements will necessarily
depend upon the nature and extent of the particular property and
project being proposed. Upon written request, the Planning
Director shall advise the applicant of those requirements which may
not be required to constitute a "complete" application. (
4.08.03. Precise Development Plan Procedure.
Applications for Precise Development Plan shall be reviewed by the
Planning Commission, which after holding at least one public
hearing, shall forward its recommendation by Resolution to the Town
Council. The Town Council shall consider the recommendation of the
Planning Commission, and after holding at least one public hearing,
shall take final action on the application. Final action shall be
by Resolution of the Council. Approval of a Precise Development
Plan is a legislative action by the Town, and as such shall not be
effective until 30 days after adoption of the Resolution by the
Council.
Tiburon Zoning Ordinance (No. 360 N.S., as amended 5/7/92)
Page
t
147
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TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTO~
MEETING DATE: 9/20/95
ITEM NO.: I 0
FIlOM:
SUBJECT: PRECISE PLAN AMENDMENT TO FRAIGE PROJECT: AMEND
CONDITIONS RELATED TO GUEST PARKING AND FENCING
BACKGROUND
Address: stevens Court (end of Spring Lane at Rolling Hills
Road)
AP No.: 59-111-25 through 28
File No.: 39504
General Plan: ML (Medium Low Density Residential)
Zoning: RPD (Planned Development #31)
Property size: 3 acres
Subdivision: Fraige (PM5-90)
CUrrent Use: Subdivision Improvements under construction
OWner: Thomas Monahan
Applicant: same
Date Complete: NA
Permit Streamlining Act Deadline: NA
HISTORY/PROPOSAL/ANALYSIS
Please refer to the Planning Commission Staff Report dated
September 13, 1995 (Exhibit A).
PLANNING COMMISSION RECOMMENDATION
The Planning commission held a pUblic hearing on the application
on September 13, 1995, and adopted Resolution No. 95-16 (Exhibit
B) recommending conditional approval of the amendments as shown
in Resolution No. 95-16.
Only one issue of concern remains for the applicant. At the
Planning Commission meeting, the applicant voiced serious
concerns about the language adopted in Condition No. 5 concerning
the hammerhead turnaround located above the Parcel 2 building
envelope. Apparently, the applicants had designed the hammerhead
turnaround area larger than that required by the Fire District in
order to provide driveway access to Parcel 2 and provide for
additional guest parking. Staff was unable to verify this at the
meeting without discussion with the Fire District, and urged the
Commission to assume for the moment that the entire hammerhead
area was required by the Fire District.
TlBURON TOWN COUNCIL
STAFF REPORT
9/20195
1
Following the meeting, staff was able to verify these facts with
the Fire Chief, who kindly provided a drawing of the actual
hammerhead area needed by the Fire District (see Exhibit C). The
Fire District has no objection to permanent parking spaces being
located in the excess portions of the hammerhead turnaround. The
Fire Chief appeared supportive of any measure which would keep
people from parking on stevens Court itself.
staff also met with the project architect following the meeting,
and is convinced that some portion of the hammerhead area will
need to be used as a driveway approach to Parcel 2. Given the
building envelope height limits previously imposed by the Town,
it does not appear that all four required parking spaces could be
provided on Parcel 2 without some use of the hammerhead area.
with these facts in hand, Staff would recommend that Condition
No. 5 be revised to read as follows:
A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. The hammerhead
area, as required for emergency vehicle turnaround by the
Tiburon Fire Protection District, is defined as shown on
attached Exhibit "B". The wings of the hammerhead may be
available for parking, one wing to be used by Parcel 2 as a
driveway and count for required parking, and the other wing
shall be available for excess guest parking within the
subdivision.
Both Exhibit B to the draft Town Council Resolution and the
applicant's suggested language for Condition No.5 are attached
as Exhibit D to the Staff Report. Staff has revised the
applicant's proposed language somewhat.
RECOMMENDATION
Staff recommends that the Town Council adopt the draft Resolution
(Exhibit E), which includes the revised Condition No.5.
EXHIBITS
A. Planning Commission staff Report of September 13, 1995.
B. Planning Commission Resolution No. 95-16.
C. Drawing from Tiburon Fire District showing required
hammerhead turnaround area.
D. Applicant's proposal (written and graphic) for use of the
"wings" of the hammerhead area.
E. Draft Town Council Resolution.
\scott\fraigetc.rpt
TlBURON TOWN COUNCIL
STAFF REPORT
91201lJ5
2
(
(
PLANNING COMMISSION ST AFF REPORT
TO:
PLANNING COMMISSION
MEETING DATE: 9/13/95
ITEM NO.: 3
FROM:
SCOTT ANDERSON,
PLANNING DIRECTOR
SUBJECT: PRECISE PLAN AMENDMENT FOR FRAIGE SUBDIVISION (PLANNED
DEVELOPMENT #31); STEVENS COURT
RECOMMENDATION
ADOPT THE RESOLUTION RECOMMENDING THAT THE TOWN COUNCIL APPROVE
THE AMENDMENT AND CONSOLIDATE CONDITIONS FROM PREVIOUS
RESOLUTIONS
BACKGROUND
Address: Stevens Court (end of Spring Lane at Rolling Hills
Road)
AP No.: 59-111-25 through 28
File No.: 39504
General Plan: ML (Medium Low Density Residential)
Zoning: RPD (Planned Development #31)
Property Size: 3 acres
Subdivision: Fraige (PM5-90)
Current Use: Subdivision Improvements under construction
Owner: Thomas Monahan
Applicant: same
Date Complete: NA
Permit Streamlining Act Deadline: NA
HISTORY
The Precise Plan for this subdivision was approved by the Town in
1980; re-approved in 1984, and amended in 1990 and in 1995
(twice). At the latest amendment hearing before the Planning
Commission on June 28, 1995, it became clear that the requirement
for four parking spaces within each of the site's three building
envelopes would be highly problematical. However, since the
parking issue was not part of the application before the
Commission and had not been publicly noticed, the Commission was
unable to address the issue at that meeting. The applicant was
informed that a separate application would be required to address
the parking issue.
TIBURON PLANNING COMMISSION
STAFF REPORT
9/1319.5
1
EXHIBIT No.A
(
(
The applicant has filed for the modification of the parking-
related condition, as well as to clearly establish that fencing
is allowed outside of the building envelopes.
PROPOSAL , ANALYSIS
Parking
The applicant is requesting that Condition No. 13 of Town Council
resolution No. 2261, adopted in 1984, be revised to allow guest
parking spaces to be located outside of the building envelope.
The condition, as amended by Resolution No. 477-90 adopted in
1990, currently reads as follows:
Two guest parking spaces shall be provided on each site,
within the building envelope, for a total of a minimum of
four spaces per unit.
Revised language as proposed by the applicant is as follows:
Four parking spaces shall be provided on site, two spaces
within the building envelope and two spaces between the
building envelope and the street on the driveway approach.
Staff supports the thrust of the request, since it is apparent
that providing four parking spaces within each building envelope
would be an amazing feat given the topography of the site. Staff
is unaware of any other Precise Plan with such an unorthodox
condition, and cannot justify its imposition in this case.
Staff's main concern is that the relocated guest parking be
placed near the homes and not blocking vehicular passage along
the Stevens Court. The applicant's proposed language resolves
this concern; however, Staff suggests some wording changes such
that the finalized condition read as follows:
.
A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and Steven's Court on
the driveway approach to the residence. Parking spaces
shall not be located in a manner which would interfere with
vehicular access along Stevens Court.
This language is included as Condition No. 4 of the draft
Resolution (Exhibit 1).
Fencing
The applicant is also requesting that the issue of fencing
outside of building envelopes be addressed in the Precise Plan.
The Precise Plan is currently silent on this issue.
TlBURON PLANNING COMMISSION
STAFF REPORT
W1~.5
2
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The applicant-proposed language is as follows:
Fencing shall be allowed to be built at the property lines
but shall not interfere with the road easement.
staff believes that Precise Plans of this vintage (1980) did not
address fencing because the normal Zoning Ordinance provisions
concerning fencing were intended to apply. These are the same
provisions which apply to all surrounding homes in the vicinity
of the project.
Later in the 1980's, as Tiburon began to approve developments on
the open hillsides and ridgelines, some Precise Plans included
language limiting or prohibiting fences outside of building
envelopes, in order to preserve the open view of the hillsides
and ridgelines for the general public. Given the very low pUblic
visibility of this site, being tucked into a rather narrow draw,
staff believes that the ordinary provisions of the Zoning
Ordinance with respect to fencing are most appropriate. staff's
recommended language for addressing the fencing issue is as
follows:
Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SP1, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. The Design Review
Board shall review all proposed fencing more than 3~ feet in
height for compatibility with surrounding development.
This language is contained in Condition No. 2 of the draft
Resolution.
Consolidation of Conditions
Town Staff is very concerned that the repeated amendments to this
Precise Plan over the course of the last several years has
created a very confusing situation for both Town Staff and
applicants. Resolutions No. 2261 (1980), No. 477-90 (1990), No.
3087 (1995), and No. 3101 (1995) leave a difficult trail to
follow when processing applications for homes on the site.
Modifications approved through this application would only make
matters more complex and the Staff more prone to make errors.
Staff has therefore taken the opportunity (with the blessing of
the applicant) to review and consolidate the previous approvals
and amendments into one clear and concise resolution which
contains all the remaining applicable conditions of approval, and
TleuRON PLANNING COMMISSION
STAFF REPORT
Q/13/~5
3
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refers only to the currently approved drawings. All previous
resolutions would be superseded as they relate to the Precise
Plan.
The majority of conditions in the various resolutions pertain to
pre-subdivision requirements which were long ago fulfilled;
several others are duplicates. Staff has been careful to ensure
that all pertinent conditions have been carried over into the new
draft Resolution.
staff is hopeful that the Commission will find the draft
Resolution a substantial improvement over the current jumbled
state of affairs for this Precise Plan.
EXHIBITS
1. Draft Resolution, including (reduced) plans as attachments.
2. Application form.
3. Vicinity Map.
4. Previous Resolutions proposed for consolidation.
\scott\fraigepc.rpt
TlBURON PLANNING COMMISSION
STAFF REPORT
Q/1J.1l5
4
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RESOLUTION NO. 95-DRAFT
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FRAIGE SUBDIVISION
PRECISE PLAN (PLANNED DEVELOPMENT NO. 31); RECOMMENDING
CONSOLIDATION OF CONDITIONS OF PREVIOUS RESOLUTIONS;
AND RECOMMENDING THAT PREVIOUS RESOLUTIONS BE SUPERSEDED
TO THE EXTENT THAT THEY RELATE TO THE PRECISE PLAN
ASSESSOR PARCEL ~ 58-111-25 throuah 2a
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
Section ~ Findinas.
A. On September 19, 1984, the Tiburon Town Council approved a
Master Plan, Precise Plan and Tentative Map for the Fraige
subdivision. The Precise Plan, in Resolution No. 2261,
established development parameters (inClUding primary
building envelopes and maximum house sizes) for 3 single
family lots. Some of the conditions of this Resolution were
modified by the adoption in 1990 of Planning commission
Resolution No. 477-90.
B. On April 19, 1995, the Tiburon Town Council approved an
amendment to the approved Precise Plan by adopting
Resolution No. 3087, which modified the building envelope
locations and imposed special height restrictions on the
portions of the building envelopes which were modified.
C. On July 5, 1995, the Town Council approved Resolution No.
3101 which further amended the Precise Plan by modifying
building envelopes and height restrictions. .
D. The Planning Commission has received and considered an
application filed by Monahan Pacific to further amend the
Fraige Precise Plan to eliminate the requirement that four
parking spaces be located within the building envelope for
each parcel, and to allow for fencing outside of the
building envelope. The application consists of the
following:
1. Application form received 8/23/95.
2. Letter from Monahan Pacific dated 8/29/95.
3. site Plan and Sections, Sheets SP, SP-1, and SP-2,
prepared by the Bradley Group dated 6/22/95.
E. Because of the numerous previous modifications to the Fraige
Precise Plan, involving four prior resolutions, the Town is
Tiburon Planning Commission Resolution No. 95.0RAFT 9f13/95
1
EXHIBIT NO.--1-
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taking this opportunity to consolidate the remaining
applicable conditions of approval on the Precise Plan.
F. The official record for this project is hereby incorporated
and made part of this resolution. The record includes the
Staff Reports, minutes, application materials, and all
comments and materials received at the pUblic hearing.
G. The Planning commission held a duly-noticed public hearing
on September 13, 1995, and heard and considered testimony
from interested persons.
H. The Planning Commission finds the proposed parking and
fencing amendments recommended herein represent reasonable
limitations on the development of the property, in keeping
with the pattern of development in the surrounding
neighborhood. The Commission further finds that the
proposed amendments, as conditioned, will not adversely
. affect other properties in the vicinity. Consolidation of
the remaining applicable conditions of approval will reduce
future confusion as individual home applications are
processed.
I. The Planning commission has found that the project is exempt
from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
Section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning commission
of the Town of Tiburon does hereby recommend to the Town Council
approval of an amendment to, and consolidation of, the conditions
of approval for the Fraige Precise Development Plan as ~ollows:
1. This Precise Plan approves three residential building sites
for single family detached homes.
2. Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SP1, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. The Design Review
Board shall review all proposed fencing more than 3~ feet in
height for compatibility with surrounding development.
3. All structures located within those highlighted portions of
the building envelopes for Parcels 1 and 2, as shown on the
attached Exhibit "A", shall be limited to 20 feet in height
as measured from existing grade along the uphill edge of the
building envelope and extending horizontally across the
Tiburon Planning Commission Resolution No. 95-DRAFT 9/13/95
2
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area of restricted height. No flat roofs shall be permitted
within the restricted height area. At no point shall any
structure exceed 30 feet above existing grade in any portion
of a building envelope.
3. The maximum gross floor area for each parcel shall not
exceed 3,600 square feet, including the garage.
4. A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. Parking spaces
shall not be located in a manner which would interfere with
vehicular access along stevens Court.
5. All structures shall be sUbject to site Plan & Architectural
Review approval by the Town. Each residence shall be
compatible with the surrounding neighborhood and shall
. conform with the Tiburon Hillside Design Guidelines.
6. In conjunction with the first site Plan and Architectural
Review application submittal for the subdivision, a
landscape plan shall be submitted for review and approval by
the Design Review Board. Said plan shall provide for an
appropriate landscape screen between the private access
roadway and adjacent upslope properties. This screening
shall be installed in conjunction with the construction of
the first house in the subdivision. The purpose of the
landscaping shall be to screen views of the access road from
the upslope neighboring properties. The screen shall be
designed to use a variety of plant species and types for the
purpose of creating an informal and natural-looking screen
rather than a formal and monotonous hedge.
Prior to the issuance of the first building permit ror the
subdivision, a monetary security adequate to ensure the
installation and maintenance of the landscape screening
shall be deposited with the Town. The deposit shall be
refunded not less than three (3) years after satisfactory
completion and successful establishment of the landscape
screen.
7. No grading or earth movement shall be permitted within the
presently existing dripline of the oak tree on Parcell.
Construction fencing shall be installed and maintained along
the edge of the oak tree dripline prior to the commencement
of any grading, site preparation, or construction activity.
8. The site preparation and construction on Parcel 3 shall be
carefully performed in order to minimize impacts on nearby
trees. Construction fencing shall be installed and
maintained along.the dripline of potentially affected oak
Tiburon Planning Commission Resolution No. 95.DRAFT 9/13/95
3
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trees prior to the commencement of any grading, site
preparation, or construction activity.
9. Prior to the issuance of a building permit for any parcel in
the subdivision, an appropriate instrument shall be recorded
with the Marin County Recorder's Office which modifies the
configuration of the Access and Utilities Easement shown on
PM 5-90 to be consistent with the approved Precise Plan.
This condition specifically refers to the easement line
across Parcel 2. In addition, the stated purpose of the
easement across Parcels 1 and 2 shall be expanded to include
landscape screening as required by Condition No. 6 above.
10. Prior to issuance of a building permit, the Town Engineer
shall review the drainage plans of individual parcels for
conformance with the Town's Single Family Drainage
Requirements.
11. All applicable conditions of the Tiburon Fire Protection
District shall be met prior to issuance of a building
permit.
12. Connection to Sanitary District No.5 is required. All
applicable conditions of the District shall be met prior to
issuance of a building permit.
13. Domestic water supply shall be provided by Marin Municipal
Water District. All applicable conditions of the District
shall be met prior to issuance of a building permit.
14. Hours of construction shall be limited to those set forth in
Chapter 13 of the Tiburon Municipal Code.
15. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
PASSED AND ADOPTED at a regular meeting of the Planning
commission on September 13, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
MARYLYN SIEWERT, CHAIR
Tiburon Planning Commission
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission Resolution No. 95-0RAFT 9/13/95
4
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=:')r'~:=EN p'cr:ll~::43~12~~S';-2414 ~ 415435243;
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TOWN OF neURON
COMMUNITY DEVELOPMeNT DEPARTMENT
LAND DEVELOPMENT APPLICATION
TYPE OF APPLICATION
D Coftd11i~1 Y.. 'er~it
o Jefttttlve Subdlvi~t'" Map
o CartC'~t....\ "ster "...
o we,.I."..
)I. ".lCi,.. D.-velop..-t .,t,l'"
(.""",c::(..+.
o "9" "~lt
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d' ....,'" llI'Wiftl
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o C~r.l pl," ~"t
D la",,,, Jell Me,....,.t
o P.rce~ Mllp
o U""'r~ Va'ftr
o Certl'feat,.f eo.ptt....
o Other
APPLICANT REOUIRED INFORMATION
1.
As....er parcells): :;-S-III-Z";-; l6,Z1-
ZOl'linC): 'RTh General Plan Ilesignat.ion: m L ('7 -lo ). I dv).c'~)
Property Address: ~eF.. CO\J~ I'=-PfUN~ I..;tNE;:
Property Owner Na\'lle: t\loNAtIH~ ~~
Mailing Address: 1040 'g s-;: -tl:Soo
Clty, State, Zip: SAN ~ cpt.. 94,'10\
Phone Number:~'" ~OD FAX Number: 45t0' '24l4
A"Uc:ant Nl.\me: SAMe illS AeoOe./'tt-tttv.A-5 MoC\l~ ~.
,
Malling Ad~ress: ~~.
City, state, Zip:
2.
3.
4.
:;.
Phone Number:
I' AX l/utlJ)ftr:
6. Property Si~e:
7. Please briefly describe the purpose of the application (what you ~ant
to accomplish, attach separate sheets if needed) .
A-o.i)Si PA\Zt:tNb ~\ll~~ G. 8Ull..aN~ t::rwEJ...I:P5S
AOJuSi ~CtNG- ~~Ia€M~ @ fN\lIOlNb a./IJaoPeS
Siqnature: ~ 1M
~~wner ____Applicant (must have signed letter from owner)
e.
'_00 NOT WRITE BELOW THIS LINE
DEPARTMENTAL PROCESSING INFORMAIION
ApplicatIon No.: 39S'D4
OlleRecell/teI. 8- 7"3 -<jC;-
EXHIBIT NO.~
-
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81 ~1/1992 02;49
41545'(73
30~3 & A330:I~T~
~A{:;~ 01
MONAHAN PACIfIC
8/29/95
Poot.II" Fax Note
To '5c..~
Co IOtp1-r:
Phone a '*k
Fell "
7671
O.t..
From
, Co
...
SC<lU Anderson
Town of Tibucon
1155 Tlburon Bour"""d
Tlburon, c., 94921)
"'".. olfA-Of.C>o'
Fa...
RE
Steven '[0, Court Precis.<: Plan Amedments
RECE~VED
AUG 2 9 1995
Dear Sool!.
TOWN OF TI8URON
PLA;,;"NG & BUiLDING DEPT..
Here is Ollr proposed la.guage for the precise plan amondmer.l$.
I1em 13 10 ch.1l1j;o 10.
Four l"'rk,r.g """ccs s/rall be provided 011 Site, two 'l"'CCS ",th in the building envelope and two
spaces bet""en the bullding envelope and the SlIul on the dnveway approch.
I':ew Item 10 be 3dded:
Fencing shall be allowed 10 be buill at the property hnes but shall nol interfer ",th road
easement
Thank you for s<;hedU<lllng us on the September 13, 19S5 agenda. We would also like to seta city 00=11
date irnmedlatJ). folloW1J1g planning comnusslOn.
>.agel
(.(;. Cell.. Russel
Ste,. Murch
Jay Hal!berg
Tom Mot\ah:m
1040 B 3!""~, . 'S.,J'~1l )cc. . $3" ~If.el. Ce~tfo'.n,~ . -}4CtC' . "1~-"!:6-(i€-O)
FA,)( 41 ~-<a~~-2414 . lICO-'sO No 4g I ~42
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RESOLUTION NO. 2261
A RESOLU'rION OF THE TIBURON TOWN COUNCIL
APPROVING THE PRECISE PLAN AND TENTATIVE '~P
FOR THE DEVELOPMENT OF 3 ACRES OFF SPRING LANE
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findinqs.
A. The Planning Commission and Town Council have held public hearings
to consider the Master and Precise Plan, submitted by William
Kuhns for the development of 3 acres located off Spring Lane,
consisting of the following:
1. "Tentative Map, revised 7/12/84", prepared by Frost, Meglia
and Associates.
2. Geological Investigation by Hardin-Lawson Associates, dated
July 17, 1981.
B. The Town Council has considered the environmental impact of the
proposal and has adopted a Negative Declaration of Environmental
Impact based on the geological reconnaissance report prepared by
Harding-Lawson Associates.
C. The Town Council has reviewed the Master and Precise Plan and
finds the proposal to be consistent with the Tiburon General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon approves the proposed Precise Plan sUbject to the fallowing
conditions:
1. A Final Subdivision Map shall be submitted in accordance with
the requirements of the Town Engineer, including those in his
letter of August 13, 1984.
2.
The applicant shall comply with all conditions and
requirements of the Tiburon Fire District, including those
stated in the Fire Marshal's letter of August 15, 1984.
The project soils engineer shall visit th; site and provide
written assurance to the satisfaction of the Town Engineer
that site conditions are consistent with earlier findings. If
so, all conditions and requirements of the soils report
prepared by Harding-Lawson Associates, dated June 8, 1979, and
the geological investigation dated July 17, 1981 shall be
fulfilled. If site conditions are inconsistent with earlier
findings, the Town Engineer should inform the Town Council
that this condition has not been satisfied and the Town
Council should again consider the Precise Plan and any other
conditions of approval.
3.
4.
Each dwelling within the proposed development shall be SUbject
to site plan and architectural approval in accordance with
Section 11 of the Zoning Ordinance.
The applicant shall submit the necessary documents to dedicate
in perpetuity to the Town of Tiburon in fee title the area
ldentified as l'Area to be Dedicated, 24,960 square feet" prior
to recordation of the Fin~l Map.
All utilities serving the development shall be underground.
All utilities shall be gu~ranteed by the serving district or
company in writing prior to the recordation of the Final Map.
5.
6.
,7.
EXHIBIT NO.~
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B. The maximum square footage shall not exceed 3,600 square feet
per each unit of gross floor areu including the garage.
9. Stabilization of the proposed dedicated open space shall be
done in a manner acceptable to the Town Engineer, prior to
recordation of the Final Map.
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10. Conditions, Covenants and Restrictions or a maintenance
agreement shall be submitted to the Department of Community
Development for review and approval by the Town Attorney. The
C.C. & R.'s or maintenance agreement should clearly state the
responsibility Eor maintenance of the roadways between the
property owners and should guarantee the maintenance of the
roadway in perpetuity.
11. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
12. The applicant shall comply with the provisions of any
Ordinance of the Town requiring contributions to a Tiburon
Boulevard traffic improvement fund.
13. Two guest parking spaces shall be provided on each site,
within the building envelope, for a total of four spaces.
PASSED AND ADOPTED at a regular meeting of the TOwn Council of
the Town of Tiburon on SePtember 19, 1984 by the following vote:
AYES:
COUNCILMEMBERS: Spratling, Bergmann, Coxhead,
Smith
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
.
LARRY SMITH, ~~YOR
Town of Tiburon
ATTEST:
R. L. KLEINERT, TOWN MANAGER/CLERK
Date drafted: 9/14/84
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RESOLUTION NO. ~77-90
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON APPROVING
A TENTATIVE MAP TIME EXTENSION FOR THE
3-LOT I1INOR SU8DIVISION NEAR THE INTERSECTION
OF SPRING LANE AND ROLLING HILLS ROAD
lAP NO. 58-111-191
WHEREAS~ the PI~nning Commission of the Town of TiblJrOn does
resolve as follows:
Section 1.
Fi nd.1 ,,(JS.
A.
An application for Tentative Map
received from Mr. William Fraige
Subdivision Map approval granted
1984.
time extension ~Ias been
to extend the Tentative
by the Town in September.
B. The application consists of the following:
1. Application materials received 9/13/89w
2. Tentative Map dated May. 1979, received 9/13/89,
prepared by Frost-~Ieglio Associates.
3. Soils report prepared by HaT-ding-Lawson Associates
dated June 8, 1979.
4. Geoloqical Investigation pr~pared by Harding-Lawson
Associates dated July 17, 1981.
c. A Negative Declaration for this project was previously
certified by the Town.
D. The proposal conforms with prOVIsions of the RPD-I zone and
~eets the requirements of Chapter 14 of the Town Code
regulating subdivisions.
E. The proposal. as modified by added conditions of approval.
is substantially consistent with the Town's General Plan
goals dnd policies.
F. The Planning CommIssion h0S held d duly-noticed public
heari'1g on ~Iovember 8. 1989. and has held an additio'1al
meetlnq on Jal1uary 10. 1990 to discuss thIS item~ dnd lIdS
conslder-ed all testimony iT' relld~rlng its dl?(:islon.
Planning Commission Resolution No. 477-90
1/10/90
Page
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NOW, THEREFORE, BE IT RESOLVED that
extension is hereby approved subject
requirements set forth as follows:
the
to
Tentative i1BP time
the conditIons and
Enaineerina ~nd Improvement
1. All improvements shown on the TentativE Map and all
.:1' requirements of the Town Engineer shall be performed
.prior to approval of the Parcel Map, including those in
'J . his letter dated August 13, 1984_ In the event that
~ ^-.1>'r' improvements shawn on the Tentative Map or requir'ed by
yP-\ ~/Ir<v '1 the Town Engineer cannot be made pl-ior to appl-oval ot-
~(~ (I the Parcel r~'ap, an improvement aqreemf?nt sat i5f~ctory
r'~ ~ to tIlE Town Enaineer and TOHn Attol-l1ey shall be
I, executed by the applicant fInancially gu~ranteeing that
the improvements shall be made within a specified
period of time. Provision of all essetltial utilities
to the site shall be demonstrated to the satisfaction
of the Town Engineer.
2. .
All utilities serving the development shall be
inst~lled underground.
3. The project soil~ engineer shall visit the site and
provide written assurance to the satisfctction of the
Town E)'gi~e~r that site conditions dre ccnsistent with
earliel- findings. If so, all conditions and
requir~ments of the soils report pj-ep~i-ed by Harding-
Lawson Assoclates. dated June 8, 1979, and the
geological investigation dated July 17. 1981 shall be
fulfilled. If site conditions are inconsistent with
earlier findings, the Town Engineer sha.ll illf~rm the
Planning Commission that this condition has not been
satisfied and shall recommend pD5sibl~ ~ethQds by which
the condition can be met. These methods may involve
modifications to the Master Plan. PI-ecIse Plan. and
Tentative Subdivision ~Iap approvals.
4. All engineering st6ndards al,d sDecifil:atloilS
including, but nat limited to. drain~ge. prOSlon
contl-ol. grading, soils. C011strur:tion crIteri.a.. dnd
traffic control shall be subject to ,-evil?w dnd approval
bv the "'"owrl Englneer.
5. P,-io:- to approval of t;t,e l.:Jai-cel maD. cJ JE..'~(JSl t '-,,~lal b,::,
pasted to the satisfact ion or the T"CWJ1 Enr; Il-h:?t;>r t,Q
en~u~e that curb and Gutter or other 3tr~et dalndae
occurring during the COUi-se of grading. con~tr~C~lon.
or other ~C~ivlty WIll be repaIri?d.
Planning Commission Resolution No. 477-90
11 10/90
Page
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13.
14.
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6.
All engIneering requir-emGnts and starldards. including
but not limited to. clrainaqe~ dust control. erosion
control and winterization, soils stabilization.
construction criteria, afld grading shall be subject to
review by the Town Engineer.
7. Unless specifically authorized by the Town Engineer,
all earth movement shsll be limited to the non-rainy
season (may through October).
8. Stabilization of the proposed dedicated open space
sh~ll be done in a manner acceptable to t~le Town
Engineer prior to approval of the Parcel Map.
Affected Aaencies
9. All requirements of the Tiburon Fire Protection
District shall be met prior to approval of the Parcel
Map, including those in the letter dated 10/12/89.
10. DomestIc water shall be supplied by the Marin MuniCipal
Water District. A letter from the District confirming
the availability of water shall be reouired prior to
issuance of building permits for the property.
11. Connection to the Sanitary District No.5 is required.
All requirements of the District shall be met.
Planninq Oeoartment
Lhe property owner shall submit the nec~~:y
documents, prlol- to approval of the Pal-eel Mac, in_a
-r-o-Fm acceptaD1E' to tneIO"Jn-A'ttorneY;-i:o-d~e:dTG3.t';~ In
perpe tul ty to tf"-e~=:Ic:n'\l6-:-o-T~rbLiron in fee tit 1. e the area
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Identified "-~l-E''' tO~be-Dedic<lted,_.?4~,-~6S! ~al-e
..---teet" on the T~rJ_~ative Map. _____
All residences shall be subject to Site Platl and
Architectural ReviEW. Each l-esidence shall be
compatible with the sur,oundi~g neighborhood and shall
conform with the Tiburon l~illslde DesIgn Guidelirles.
The site prepa~atiQn and construction on Lot 3 shall be
caref'Jlly performed 1n order to minimize impacts on
nearby trees. A tree protect1on plan for Lot 3,
prepared by a licensed arbOl-ist or land'3caDe dl-ct11tecl;.
shall be filed fOI- reVIew and aOD~ovai b'/ tt'e Pldnninc]
Depar-tment in cQnJI~nctlGn with the subdiviSIon
improvement plans DrIOI- to approval of the Pdl-cel 11dp.
Planning Commission Resolution No. ~77-90
1110/90
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15. HOLIl-S of C)'62\ding, construction, and aJ 1 othei-::;ito::
imorovements shall be limited to 8:00 a.m. to 5:00 p.m.
Monday through Friday. unless otherwise authorized by
the Town Manager in limited special circumstal,ces.
Noise generating equipment shall not lJe started prior
to 7:{-tS a.m..
16. Covenants. Conditiol1S & Restrictions (CC&R's) or a
~malntenance aOI-eement shall be submitted to the
Planning Depa~tmFi'nt: fnr rpyiew and app! o~al by the Town
Eng i neer and-I-oJ.rJY'l Qt tOI-ney. The CC&R I.", or ma 1 nlenanc:e
'agreement s~')all clearlv -5tate which pal-ties have
responsibility for maintenance of the ro~dway and its
associated retaining walls. and also should guarantee
the maintenance of the roadway and its associated
retaining walls in perpetuity.
17.
Improvement fees shall be paid prior
Parcel Map. Said fees shall be
the time of the filing of the Parcel
Jiburon Boulevard
to approval of the
-those in effect at
Map.
18.
Park and Recreation in-lieu fees~
Ordinance. shall be paid prior to
Parcel Map.
as ,-equired by Town
approval of the
The maximum gl-05S floor area for each lot shall .10t
exceed 3,600 square feet. including the garage.
Prior to approval of De5igll Review entLtlements for
"residences on the three lots~ no tree I-emoval nor
excessive trimming of trees shall occu,- without prior
writtell CQllsent of the Planning Department. The
purpose of this conditiorl is to 211SU1-e ttlat mature
trees on the site are protected until Stich t-Ime as
design review and landscaPE plan approvals have been
secured from the Town. ThlS condition also apoli-es to
site preparation for illfrastructure placemellt.
Two guest parking spaces shall be provi(jed on each
building site~ withil' the buildillg envelcl~e. fOl- a
total of a minimum of four spaces per unIt.
This Tentative Map time extensiun shall be valic1 for
one year and shall explre and become r~J! and ~'old
unlESS a Pa,cel Map is app,oved ~.:llld !',=,r~':.." oded 01- '1111i'!"".:s
anotne,. time e:-{ tension is C)1-6I1tecl.
Planning Commission Resolution No. 477-90
1/10/'70
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PASSED AND ADOPTED at a regular meeti\lg of the Planning
Commisslorl of the Town of Tiburon On January 10, 1990, by the
following vote:
AYES:
COMMISSIOI~ERS; Thayer, Siewert~ BrlJnini.
Friedman, Greenberg, & Nygren
NOES:
Cor~I1'1 I :55 lONERS:
ABSEI'H:
COr-1/"-1 I 5S lONERS:
ATTEST:
a: kuhns. l-es SL'\la
NDne
C. a IJl.... "Oter. ~. .~.,
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R~S. WIER, RAIFmA'
TibUi-j Plan~ing Com I ission
Planning Commission Resolution No. 477-90
1/10/90
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F.
The Town Council has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15303 of the CEQA
Guidelines_
Section 2. Approval.
NOW, lliEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve an amendment to the Precise Development Plan for the
Fraige subdivision as follows:
1. The Precise Plan for the Fraige subdivision is amended to modify the building
envelopes for the lots as shown on the Revised Envelope exhibits prepared by
Staff on 3-23-95_ The amendments, as approved herein, will accomplish the
following:
-The building envelope for Parcell is moved eastward (uphill) 16 feet, and the
west downhill side of the envelope is reconfigured to avoid encroachment into the
dripline of the adjacent oak tree. It is intended that the total area of the envelope
equal the area of the envelope as originally approved for the subdivision. In
addition, a reduced height limit of 15 feet shall be applied to the relocated
portions of the envelope as described in Condition #3 below.
-The building envelope for Parcel 2 is moved eastward (uphill) between 17 and 36
feet. The geometry of the envelope is changed from a rectangle to parallelogram
as shown on Exhibit A. In addition, a reduced height limit of 15 feet shall be
applied to the relocated portions of the envelope as described in Condition #3
below.
-The building envelope for Parcel 3 is moved eastward (uphill) 3 feet.
2. Prior to the issuance of building permits for any lot within the subdivision, an
appropriate instrument shall be recorded with the County Recorder's Office which
modifies the configuration of the Public Utilities and Access Easement consistent
with this approval. This specifically refers to the easement line across Parcel 2. In
addition, the stated purposes of the easement across Parcels 1 and 2 shall be
expanded to include landscape screening as required by Condition #4 below.
3. All structures, or portions of structures, constructed within those portions of the
building envelopes for Parcels 1 and 2, as modified by this amendment, which are
outside of the envelopes as originally approved and shown on the recorded parcel
map for the subdivision, shall be limited to one story (15 feet) in height. This
limitation is indicated on the attached Exhibit A.
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4.
In conjunction with the first Site Plan and Architectural Review submittal for the
subdivision, a landscape plan shall be submitted for review and approval by the
Design Review Board which provides for an appropriate landscape screen
between the roadway and adjacent uphill properties. This screening shall be
installed in conjunction with the construction of the first house in the subdivision.
The goal of the landscape design shall be to screen views of the access road from
the uphill neighbors. The screen shall be designed to use a variety of plant species
and forms for the purpose of creating an informal and natural looking screen
rather that a formal and monotonous hedge.
Prior to the issuance of the first building permit for the subdivision, a monetary
security adequate to ensure the installation and maintenance of the landscape
screening shall be deposited with the Town. This deposit shall be refunded not
less that 3 years after satisfactory completion and successful establishment of the
landscaping.
5. No grading or earth movement shall be permitted within the presently existing
drip line of the oak tree on Lot 1. Construction fencing shall be installed along the
edge of the oak drip line prior the commencement of any grading on lot 1.
6. All requirements and provisions of Resolution 477-90 shall remain in full force
and effect for the property, except as modified herein.
7.
Unless specifically stated in this approval, this amendment does not otherwise
affect any specific provisions of the Master Plan, Precise Plan, Parcel Map,
Subdivision Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agreement, or other approved instruments or Town approvals
associated with the subdivision project.
PASSED AND ADOPTED at a regular meeting of the Town Council on April
19, 1995, by the following vote:
AYES:
NOES:
COUNCILMEMBERS: Nygren, Thayer, Wolf
COUNCILMEMBERS: Thompson, Ginalski
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W[)REW THOMPSON, Mi).:fOR
Town of Tiburon
'l7f~
ATTEST:."/ /f:'
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DIANE CRANE. TOWN CLERK
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RESOLUTION NO. 3101
A RESOLUTION OF TIlE TOWN COUNCIL OF TIlE TOW1\; OF TIDURON
APPROVING AN AMENDMENT OF TIlE FRAIGE PRECISE PLAN (I'D #31)
TO MODIFY HEIGHT LIMITATIONS AND ADJUST TilE BUILDING
ENVELOPE FOR PARCEL 2 OF THE DEVELOPMENT
ASSESSOR PARCEL NOS. 58-111-25 THROUGH 28
\VHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section.L Findin!!s.
A. On September 19, 1984, the Tiburon Town Council approved a Master Plan,
Precise Plan and Tentative Map for the Fraige subdivision. The Precise Plan
established development parameters (including primary building envelopes
and maximum house sizes) for three single family building sites.
B. On January 10, 1990, the Planning Commission amended the Precise Plan
approval in conjunction with a time extension for the tentative map.
c.
On April 19, 1995, the Tiburon Town Council adopted Resolution 1'.'0.3087
approving an amendment to the Precise Plan which modified the building
envelope locations and imposed special height restrictions on the portious of
the building envelopes which were modified.
D. The Town has received and considered an application filed by l\Ionahan
Pacific to further amend the Fraige Precise Plan to modify the special height
limit imposed in Resolntion 1'.'0.3087, further modify the buildrng envelope
for Pm'cel 2, and increase the allowable honse size for all three pal'ccls. The
application consists of the following:
1. Application form received 5/3/95
2. Letter froml\1onahan Pacific dated 6/21/95
3. Site Plan and Sections, Sheets SP, SP-l, and SI'-2, prepared by the
Bradley Group dated 6/22/95
4. Roadway Grading Plan prepared by J.L Engineering revised 6-19-95
The orllciall'ecord for this project is hereby incorporated :\lIU made part of
this resolution. The record includes the Staff Reports, minutes, :lpplication
materials, and all comments and materials received at the public hearings.
Tiburon Town Council Resolution No. 3101
1
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RESOLUTION NO. 3101
A RESOLUTION OF TIlE TOWN COUNCIL OF TIIE TOWN OF TmURON
APPROVING AN AMENDMENT OF TIlE FRAIGE PRECISE PLAN (PO #31)
TO MODIFY HEIGHT LIMITA TIONS AND ADJUST TIlE BUILDING
ENVELOPE FOR PARCEL 2 OF THE DEVELOPMENT
ASSESSOR PARCEL NOS. 58-111-25 THROUGH 28
\VHEREAS, the Town Council of the Town of Tiburon does resolve ns
follows:
Section 1:. Findings.
A. On September 19, 198-4, the Tiburon Town Council npproved n Mnster Plnn,
Precise Plnn nnd Tentntive Map for the Fmige subdivision. The Precise Plnn
estnblished development pnrameters (including primn!')' building envelopes
and mnximum house sizes) for three siugle fnmily building sites.
B. On Jnnun!')' 10, 1990, the Plnnning Commission nmended the Precise Plnn
npprovnl in conjunction with n time extension for the tentntive mnp.
~
c.
On April 19, 1995, the Tiburon Town Council adopted Resolution No. 3087
approving nn nmendment to the Precise Plnn which modified the building
envelope locntions nnd imposed specinl height restrictions on the portions of
the building euvelopes which were modified_
D. The Town hns received nnd considered nn npplicntion filed by Mouahnn
Pncilic to further nmend the Fraige Precise Plnn to modify the special height
limit imposed in Resolution No. 3087, further modify the building envelope
for Pm'cel 2, :lIld incrense the allownble house size for nil three pnrcels. The
applicntion consists of the following:
1. Application form received 5/3/95
2. Letter from 1\1onnhnn Pacific dnted 6/21195
3_ Site Plan nnd Sections, Sheets SP, SP- I, nnd SP-2, prepared by the
Bradley Group dated 6/22/95
4. Road\\'ny Gmding Plan prepared by J.L Engineering revised 6-19-95
The oflicial record for this project is hereby incorporated and made part of
this resolution. The record includes the Staff Reports, minutes, applicntion
mnterials, nnd all comments and materinls ,'eceived nt the public hearings.
Tiburon Town Council ResolutIon No 3101
1
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E.
The Planning Commission held a duly-noticed public hearing on Junc 28,
1995, and heard and considered tcstimony from intcrcstcd pcrsons. Thc
Planning Commission adoptcd Rcsolution No. 95-13 rccommcnding approval
of thc rcqucstcd building envelopc adjustment for Par'ccl 2, recommending
approval with modifications of thc rcqucst to adjust thc hcight limits on
Parccls 1 and 2, and recommending denial of the rcqucstcd house size limit
incrcascs on all thrce parccls.
F. The Town Council has found the modifications recommcndcd by the
Planning Commission represent reasonable limitations on the devclopment of
the property, in keeping with the pattern of developmcnt in the surrounding
neighborhood. The Council further finds that the amendments, as
conditioned, will not adversely afTect other properties in the vicinity_
The Town COlIncil finds that the applicant's request to increase the allowablc
hOlIse size limit for residences in the project would havc a negativc visual
impact on adjacent properties by increasing the maSS and visible bulk of the
structures. The proposed house sizes are substantially larger than existing
houses in the immediate vicinity, including the new residence at 211 Round
Hill Road. The Town Council further finds that the applicant has provided
no compelling reason to approve larger house sizes for the project, nor
demonstrated any benefit to the public health, safety, or general welfare to
warrant a change to the zoning f'estrictions properly placed on the project by
the Town_
H. The Town Council has found that the project is excmpt from the
requiremcnts of the California Environmental Quality Act per Section 15303
of the CEQA Guidelines.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that thc TO\\l1 Council of the
Town ofTiburon docs hercby approve an amendmcnt of thc Prccisc Dcvclopmcnt
Plan for the Fraigc subdivision as follows:
1. The Precise Plan for thc Fraige subdivision shall be amcndcd to modify the
building envelope for Lot 2 as shown on the Site Plan prcp:lrcd by the
Bradley Group (Shcet SP) datcd 6-22-95. This amcndmcnt would providc a
more rcgular rclationship bctwcen the building cnvclopc and the cdge of thc
driveway turnaround.
2. Condition #3 of Town Council Rcsolution No. 3087 shall bc reviscd to read:
I
Tiburon Town CounCil Resolution No 3101
7/5;95
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"3.
All structures, or portions of structures, coustructed withiu those
portious of the building envelopes for Parcels 1 aud 2, as modified by
this :lI11endment, which arc outside of the envelopes as originally
appl'Oved and shown on the recorded p:lI'celmap for the subdivision,
shall be limited to 20 feet in height as measured from existing grade
along the uphill edge of the building envelope and extending
horizontally across the area of restricted height. At no point shall any
structure exceed 30 feet above existiug grade. This height limitation
is indicated ou the attached Exhibit A. No flat roofs shall be
permitted within the restricted height area."
3. References to a IS' height limit contained in Condition #1 of Town Council
Resolution No. 3087 shall be changed to reflect a 20' height limit.
4. The building envelope for Parcel 3 is recognized to be that shown on Sheet
SP prepared by the Bradley Group dated 6/22/95. This reflects the envelope
approved by the Town Council in Resolution No. 3087. No changes to this
envelope are contemplated by this amendment.
5.
Unless specifically stated in this approval, this amendment does not othen\'ise
affect any specific Pl'ovisions of the Master Plan, Precise Plan, Parcel Map,
Subdivision Improvement Plans, Subdivision Improvement Agreement. Road
Maintenance Agreement, Planning Commission Resolution 477-90, Town
Council Resolution No. 3087, or other approved instruments or Town
approvals associated with the subdivision project.
~
PASSED AND ADOPTED at a regular meeting of the Tibul'On Town Council
on July 5, 1995, by the following vote:
AYES:
NOES:
ABSE!\'T:
COUNCIU\IEl\IBERS: Ginalski, i'\ygren, Thayer & Wolf
COU!\'CIL!\IEl\II3ERS: None
COUNCILl\[El\lBERS: Thompson
I
ATT71L
DL\i'!E CRANE, TOWN CLERK
~..~,
MARK GINALSKI, VICE-i\lA YOR
TO\VN OF TlI3URON
Tlburon Town Council Resolution No 3101
7/5195
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RESOLUTION NO. 95-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FRAIGE SUBDIVISION
PRECISE PLAN (PLANNED DEVELOPMENT NO. 31); RECOMMENDING
CONSOLIDATION OF CONDITIONS OF PREVIOUS RESOLUTIONS;
AND RECOMMENDING THAT PREVIOUS RESOLUTIONS BE SUPERSEDED
TO THE EXTENT THAT THEY RELATE TO THE PRECISE PLAN
ASSESSOR PARCEL ~ 58-111-25 through 2a
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
Section ~ Findinas.
A. On September 19, 1984, the Tiburon Town Council approved a
Master Plan, Precise Plan and Tentative Map for the Fraige
subdivision. The Precise Plan, in Resolution No. 2261,
established development parameters (including primary
building envelopes and maximum house sizes) for 3 single
family lots. Some of the conditions of this Resolution were
modified by the adoption in 1990 of Planning Commission
Resolution No. 477-90.
B. On April 19, 1995, the Tiburon Town Council approved an
amendment to the approved Precise Plan by adopting
Resolution No. 3087, which modified the building envelope
locations and imposed special height restrictions on the
portions of the building envelopes which were modified.
C. On July 5, 1995, the Town Council approved Resolution No.
3101 which further amended the Precise Plan by modifying
building envelopes and height restrictions.
D. The Planning Commission has received and considered an
application filed by Monahan Pacific to further amend the
Fraige Precise Plan to eliminate the requirement that four
parking spaces be located within the building envelope for
each parcel, and to allow for fencing outside of the
building envelope. The application consists of the
following:
1. Application form received 8/23/95.
2. Letter from Monahan Pacific dated 8/29/95.
3. site Plan and Sections, Sheets SP, SP-l, and SP-2,
prepared by the Bradley Group dated 6/22/95.
E. Because of the numerous previous modifications to the Fraige
Precise Plan, involving four prior resolutions, the Town is
Tiburon Planning Commission
Resolution No. 95-16
9/13/95
1
EXHIBIT NO,ji
taking this opportunity to consolidate the remaining
applicable conditions of approval on the Precise Plan.
F. The official record for this project is hereby incorporated
and made part of this resolution. The record includes the
Staff Reports, minutes, application materials, and all
comments and materials received at the public hearing.
G. The Planning Commission held a dUly-noticed public hearing
on September 13, 1995, and heard and considered testimony
from interested persons.
H. The Planning Commission finds the proposed parking and
fencing amendments recommended herein represent reasonable
limitations on the development of the property, in keeping
with the pattern of development in the surrounding
neighborhood. The Commission further finds that the
proposed amendments, as conditioned, will not adversely
affect other properties in the vicinity. Consolidation of
the remaining applicable conditions of approval will reduce
future confusion as individual home applications are
processed.
I. The Planning Commission has found that the project is exempt
from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
Section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby recommend to the Town Council
approval of an amendment to, and consolidation of, the conditions
of approval for the Fraige Precise Development Plan as follows:
1. This Precise Plan approves three residential building sites
for single family detached homes.
2. Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SPl, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. All fencing, even
if less than 3 1/2 feet in height, shall receive Site Plan
and Architectural Review approval.
3. All structures located within those highlighted portions of
the building envelopes for Parcels 1 and 2, as shown on the
attached Exhibit "A", shall be limited to 20 feet in height
as measured from existing grade along the uphill edge of the
building envelope and extending horizontally across the
Tiburon Planning Commission
Resolution No. 95-16
9/13/95
2
area of restricted height. No flat roofs shall be permitted
within the restricted height area. At no point shall any
structure exceed 30 feet above existing grade in any portion
of a building envelope.
4. The maximum gross floor area for each parcel shall not
exceed 3,600 square feet, including the garage.
5. A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. The hammerhead
turnaround area may not be used to satisfy the parking
requirements of individual parcels. Excess guest parking
may be allowed in the hammerhead area if approved in writing
by the Tiburon Fire Protection District.
6. All structures shall be subject to site Plan & Architectural
Review approval by the Town. Each residence shall be
compatible with the surrounding neighborhood and shall
conform with the Tiburon Hillside Design Guidelines.
7. In conjunction with the first site Plan and Architectural
Review application submittal for the subdivision, a
landscape plan shall be submitted for review and approval by
the Design Review Board. Said plan shall provide for an
appropriate landscape screen between the private access
roadway and adjacent upslope properties. This screening
shall be installed in conjunction with the construction of
the first house in the subdivision. The purpose of the
landscaping shall be to screen views of the access road from
the upslope neighboring properties. The screen shall be
designed to use a variety of plant species and types for the
purpose of creating an informal and natural-looking screen
rather than a formal and monotonous hedge.
Prior to the issuance of the first building permit for the
subdivision, a monetary security adequate to ensure the
installation and maintenance of the landscape screening
shall be deposited with the Town. The deposit shall be
refunded not less than three (3) years after satisfactory
completion and successful establishment of the landscape
screen.
8. No grading or earth movement shall be permitted within the
presently existing dripline of the oak tree on Parcel 1.
Construction fencing shall be installed and maintained along
the edge of the oak tree dripline prior to the commencement
of any grading, site preparation, or construction activity.
Tiburon Planning Commission
Resolution No. 95-16
9/13/95
3
9. The site preparation and construction on Parcel 3 shall be
carefully performed in order to minimize impacts on nearby
trees. Construction fencing shall be installed and
maintained along the dripline of potentially affected oak
trees prior to the commencement of any grading, site
preparation, or construction activity.
10. Prior to the issuance of a building permit for any parcel in
the subdivision, an appropriate instrument shall be recorded
with the Marin County Recorder's Office which modifies the
configuration of the Access and utilities Easement shown on
PM 5-90 to be consistent with the approved Precise Plan.
This condition specifically refers to the easement line
across Parcel 2. In addition, the stated purpose of the
easement across Parcels 1 and 2 shall be expanded to include
landscape screening as required by Condition No. 7 above.
11. Prior to issuance of a building permit, the Town Engineer
shall review the drainage plans of individual parcels for
conformance with the Town's Single Family Drainage
Requirements.
12. All applicable conditions of the Tiburon Fire Protection
District shall be met prior to issuance of a building
permit.
13. Connection to Sanitary District No.5 is required. All
applicable conditions of the District shall be met prior to
issuance of a building permit.
14. Domestic water supply shall be provided by Marin Municipal
Water District. All applicable conditions of the District
shall be met prior to issuance of a building permit.
15. Hours of construction shall be limited to those set forth in
Chapter 13 of the Tiburon Municipal Code.
16. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
Tiburon Planning Commission
Resolution No. 95.16
9/13/95
4
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on September 13, 1995, by the following vote:
AYES:
COMMISSIONERS: Greenberg, Heckmann, Schrier &
Siewert
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: Woo
ATTEST:
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission
Resolution No. 95-16
MARYLYN SIEWERT, CHAIR
Tiburon Planning Commission
9/13/95
5
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tvl0NAHAN PACIfIC
'. .'~.rnr.J':::.lr~C{..'fta
REC.r;:WElD
9/14/95
SEP 1 4 1995
TO'NN OF TI3URON
pl.J,;m:NG & BUILDING DEPT.
Fire Marshall
Town ofTiburon
Re: The use of the Hammerhead at Steven.s Court
The driveway hammerhead off of Steven's Court was designed to serve two purposes. First. to provide
access and turn around space for fIre trucks and other service vehicles; and second. to serve as a driveway
for the home on which property it lies.
To facilitate the fIrst purpose the hammerhead was increased in size from the original design shown on the
precise plan on record with the town of Tiburon to be 35' long from the center of Steven's court to the end
of the hammerhead and 30' wide, as currently depicted on the drawing by The Bradley Group dated
6121195. This space, that is perpendicu!arto Steven's Court, fulfills the needs of the fire department and
the wings of the hammerhead need not be included as part of the hammer head to so.
The second purpose of the hammerhead is to serve as a driveway for the house whose front yard and vehicle
access it would otherwise greatly diminish. The wings of the hammerhead are intended to be utilized solely
by the home owner as a driveway and should be available to be used as any nonnal dnveway would be by
the homeowner.
Guest parking in the wings of the hanuner head do not interfere with the needs of the fire department and
can be used, as far as the fIre department is concerned, as part of the required parking space for the home
whose property it encroaches..
f7~$:oration
John Sorg ~
Project Dcvelopment Manager
~:-B. \~-->""'
C\. \'\ --- C\S-
EXHIBIT No.L
1040 B Street _ SUite 300 . '->n i;,lt;I'!I. c.:il~(lrn'.) -
VIOl . ,~1~,..1-)h-(j'.(jO . . ...., -11: "',6-:].114 . l_!,~n"'t. No 4lil'1'\1
N JO'29 '.J 7 " W
RrsC~~VED
SEP 1 4 1995
TOWN OF TI8URON
PLA;mlf\!G & 8UILDING DE?T.
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~t\ONAHAN PACIfIC
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EVELOPM~NT' CO,RP.'
9/1419'
SClOII AnderlOlt
TOlOII of Tiburon, Planning Departmelll
115$ Tiburon BOlllevaro
Tlburon. Ca, 94920
Re: St_DS Court Parking
Dear Soot\,
We would like to suggest tItt followinS text for the le$Olution:
A mlnirnUll\ of four (4) parkIng ~s shall be pJOVided on each puc:ellWO $pO""" within lbe building
_elope lIIld two 5pa<lOS betwccrllhc bui1clinS envelope and Stevens Court on the driveway approach to the
noidence, Pllking spIICC6 shalln<< be located in I manne' which would interfere with vehicular access
8IOOJ S_ Court The twnm.:r head. IS requI,ed ror emcrsency vehicle turn around by the Tiburon fire
~, is defined as that portion or roadWlly perpendicular to the SIIMns Court main roadW3)' alld is
IIhown on the attached clra\\ing "SlCVellS Court parcell and HarurnerHi!ad Parking Plan, 9/14/95'., The
wialp off of the hammer head may be available to for parking, one side to be used by titc house on Parcel
2 "I driVCW3Y and count for twol (2) spaces d requir<d parking: and the other side shall be available for
public ptrking
Tbuk yOu for your time in respondlns on this mater, If you have any quettloM pI..... feel free to call.
Verywly
fesors ~--
Ptuject DcveIopment Manager
ce, Colin Russel
Tom Monahan
1040651'''01 . 3".1~ 1C(1 . '",r,r;~I'I'II.Ca,IIl'fnI8 . 'H&01 . 415'45006:)l~ . ~,.)(~t',.~')~~1\'4 . _,r:l"I"l~RN: 1/""oQ'
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING THE FRAIGE PRECISE PLAN
(PLANNED DEVELOPMENT NO. 31) AND SUPERSEDING
PREVIOUS RESOLUTIONS THEREFOR
(1, 5 & 9 STEVENS COURT)
ASSESSOR PARCEL ~ 58-111-25. 22 k 22
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section ~ Findings.
A. On September 19, 1984, the Tiburon Town Council approved a
Master Plan, Precise Plan and Tentative Map for the Fraige
subdivision. The Precise Plan, in Resolution No. 2261,
established development parameters (including building
envelopes and maximum house sizes) for three (3) single
family lots. Some of the conditions of this Resolution were
modified by the adoption in 1990 of Planning commission
Resolution No. 477-90.
B. On April 19, 1995, the Tiburon Town Council approved an
amendment to the Precise Plan by adopting Resolution No.
3087, which modified the building envelope locations and
imposed special height restrictions on portions of building
envelopes.
C. On July 5, 1995, the Town Council approved Resolution No.
3101 which further amended the Precise Plan by modifying
building envelopes and height restrictions.
D. The Town Council has received and considered an application
filed by Monahan Pacific to further amend the Fraige Precise
Plan to modify the requirement that four parking spaces be
located within the building envelope for each parcel, and to
allow for fencing outside of the building envelope. The
application consists of the following:
1. Application form received 8/23/95.
2. Letter from Monahan Pacific dated 8/29/95.
3. site Plan and Sections, Sheets SP, SP-l, and SP-2,
prepared by the Bradley Group dated 6/22/95.
The Planning commission reviewed the application at a public
hearing held on September 13, 1995 and adopted Resolution
No. 95-16 recommending approval of the application and
consolidation of previous conditions of approval.
Tiburon Town Council
Resolution No
9/20/95
1
EXHIBIT NO.~
E. Because of the numerous previous modifications to the Fraige
Precise Plan, involving four prior resolutions, the Town
Council with assent of the applicant is taking this
opportunity to consolidate the remaining applicable
conditions of approval on the Precise Plan, and supersede
the previous Resolutions approving the Precise Plan.
F. The official record for this project is hereby incorporated
and made part of this resolution. The record includes the
Staff Reports, minutes, application materials, and all
comments and materials received at the public hearing.
G. The Town Council held a dUly-noticed public hearing on
September 20, 1995, and heard and considered testimony from
interested persons.
H. The Town Council finds the parking and fencing amendments
approved herein represent reasonable limitations on the
development of the property, in keeping with the pattern of
development in the surrounding neighborhood. The Town
Council further finds that the proposed amendments, as
conditioned, will not adversely affect other properties in
the vicinity. Consolidation of the remaining applicable
conditions of approval will reduce future confusion as
individual home applications are processed.
I. The Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per
Section 15303 of the CEQA Guidelines.
section ~ Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
Commission of the Town of Tiburon does hereby approve amendments
to, and consolidate herein, the previously-adopted conditions of
approval for the Fraige Precise Plan (Planned Development No. 31)
as follows:
1. This Precise Plan approves three building sites for single
family detached homes.
2. Building envelopes for the three parcels are shown on the
drawing dated 6/22/95 by the Bradley Group, Sheet SP1, on
file with the Town of Tiburon Planning Department. No
structures shall be permitted outside the approved building
envelope for each parcel except driveways, retaining walls
associated with driveways, and fencing. All fencing, even
if less than 3\ feet in height, shall receive site Plan &
Architectural Review approval.
Tiburon Town Council
Resolution No.
9/20/95
2
3. All structures located within those highlighted portions of
the building envelopes for Parcels 1 and 2, as shown on the
attached Exhibit "A", shall be limited to 20 feet in height
as measured from existing grade along the uphill edge of the
building envelope and extending horizontally across the area
of restricted height. No flat roofs shall be permitted
within the restricted height area. At no point shall any
structure exceed 30 feet above existing grade in any portion
of a building envelope.
4. The maximum gross floor area for each parcel shall not
exceed 3,600 square feet, including the garage.
5. A minimum of four (4) parking spaces shall be provided on
each parcel, two spaces within the building envelope and two
spaces between the building envelope and stevens Court on
the driveway approach to the residence. The hammerhead
area, as required for emergency vehicle turnaround by the
Tiburon Fire Protection District, is defined as shown on
attached Exhibit "B". The wings of the hammerhead may be
available for parking, one wing to be used by Parcel 2 as a
driveway and count for required parking, and the other wing
shall be available for excess guest parking within the
subdivision.
6. All structures shall be subject to site Plan & Architectural
Review approval by the Town. Each residence shall be
compatible with the surrounding neighborhood and shall
conform with the Tiburon Hillside Design Guidelines.
7. In conjunction with the first Site Plan and Architectural
Review application submittal for the sUbdivision, a
landscape plan shall be submitted for review and approval by
the Design Review Board. Said plan shall provide for an
appropriate landscape screen between the private access
roadway and adjacent upslope properties. This screening
shall be installed in conjunction with the construction of
the first house in the subdivision. The purpose of the
landscaping shall be to screen views of the access road from
the upslope neighboring properties. The screen shall be
designed to use a variety of plant species and types for the
purpose of creating an informal and natural-looking screen
rather than a formal and monotonous hedge.
Prior to the issuance of the first building permit for the
subdivision, a monetary security adequate to ensure the
installation and maintenance of the landscape screening
shall be deposited with the Town. The deposit shall be
refunded not less than three (3) years after satisfactory
completion and successful establishment of the landscape
screen.
Tiburon Town Council
Resolution No.
9/20/95
3
8. No grading or earth movement shall be permitted within the
presently existing dripline of the oak tree on Parcel 1.
Construction fencing shall be installed and maintained along
the edge of the oak tree dripline prior to the commencement
of any grading, site preparation, or construction activity.
9. The site preparation and construction on Parcel 3 shall be
carefully performed in order to minimize impacts on nearby
trees. Construction fencing shall be installed and
maintained along the dripline of potentially affected oak
trees prior to the commencement of any grading, site
preparation, or construction activity.
10. Prior to the issuance of a building permit for any parcel in
the sUbdivision, an appropriate instrument shall be recorded
with the Marin County Recorder's Office which modifies the
configuration of the Access and utilities Easement shown on
PM 5-90 to be consistent with the approved Precise Plan.
This condition specifically refers to the easement line
across Parcel 2. In addition, the stated purpose of the
easement across Parcels 1 and 2 shall be expanded to include
landscape screening as required by Condition No. 7 above.
11. Prior to issuance of a building permit, the Town Engineer
shall review the drainage plans of individual parcels for
conformance with the Town's Single Family Drainage
Requirements.
12. All applicable conditions of the Tiburon Fire Protection
District shall be met prior to issuance of a building
permit.
13. Connection to Sanitary District No.5 is required. All
applicable conditions of the District shall be met prior to
issuance of a building permit.
14. Domestic water supply shall be provided by Marin Municipal
Water District. All applicable conditions of the District
shall be met prior to issuance of a building permit.
15. Hours of construction shall be limited to those set forth in
Chapter 13 of the Tiburon Municipal Code.
16. Cut and fill areas, or other disturbed ground shall be
protected from erosion as needed, promptly after the work is
completed, as directed by a qualified soils engineer.
section ~ Prior Resolutions Superseded.
Tiburon Town Council
Resolution No.
9/20/95
4
Town Council Resolutions No. 2261, 3087, and 3101; and
Planning commission Resolution 477-90 are hereby superseded by
this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council
on September 20, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE, TOWN CLERK
\scott\fraigetc.res
Tiburon Town Council
Resolution No.
9/20/95
5
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PASSED Al~D ADOPTED at a rsgul~r meetii19 of th9 Planning
CommissIon of t~le Town of Tiburon on January 10, 1990, by the
following vote:
AYES:
COMMISSIOI~ERS: Thayer, Siewert~ BrlJnini.
Friedman, Greenberg, & Nygren
NOES:
cor'"lj'-j I :35 lONERS:
None
APSEi'H:
cor-oWl I 55 lONERS:
cal,zter ~~/
-2~-~~- ~A~0!.'I_~
RUFUS ..AYER. ~~~WIA'
TibUi-j Plan;'ing Com + i5sion
ATTEST:
a: kuhns. '-es S~.-,ja
Planning Commission Resolution No. 477-90
1/10/90
Page
5
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Lyford's Cove - Old Tiburon
Homeowners Association
~~~~~U~~[Q)
SEP 1 1 1995
MINUTES - BOARD OF DIRECTORS MEETING
AUGUST 29, 1995
BRADLEY HOUSE
TOWN MANAGER'S OFFICE
TOW~J OF T!8URON
I. CALL TO ORDER: The meeting was called to order by the President
at 7:35 p.m.
II. ROLL CALL: Present were Ruth Albright, Brenda Buckerfield,
Frank Buscher, Frank DeSimone, Diana Ginalski, Betty Girtler,
Sue Johnston, Pat Montag, Richard Musalo, Margaret Taylor,
Wendy Wayne, and Madeleine Wood.
III. MINUTES of the June 13th meeting were approved as written,
IV.
TREASURER'S REPORT:
$1972.52. She also
thanking us for our
Margaret reported a bank balance of
read a letter from the Last Chance Committee,
gift of $500 to their Land Acquisition Fund.
V. OLD BUSINESS
A. Committee Reports
Membership: New members for the quarter are Pat and Frank
Brooks, 1731 Centro West, and Anne Sheldon, 2145 Paradise.
Architectura Review: Madeleine Wood reported there will be
Public Workshops on the Easton (Martha Corp.) property
September 12 and 19, in lieu of Planning Commission meet-
ings, at the Town Council chambers. 7:30 to 9:30 p.m.,
where we can express our concerns over this proposed devel-
opment (traffic flow, projected 6 trips per house per day
etc. ).
After a lengthy discussion, it was decided that Madeleine
will attend the next Design Review meeting to make a state-
ment regarding our concerns for the future of Old Tiburon.
The Board agreed that houses are becoming too large for
their lot size and are out of character for the neighborhood.
Social: Betty Girtler announced that plans for our Fall
dinner party have been finalized. It will be held at the
San Francisco Yacht Club on October 12. Invitations will
be mailed to the membership.
Minutes - Board of Directors Meeting
August 29, 1995
Page 2
Paths: Upper Raccoon Lane has been cleaned up, and Gary
Lucas has cleaned Esperanza Path. Discussion was held
regarding possibilitity of erecting discreet signs
marking the paths.
Library: The Belvedere and Tiburon Councils have appoint-
ed a five-person Agency to act as liasion for the New
Library and the respective municipalities.
B. Tutto Mare Neon Sign: Frank Buscher again met with the
Town staff. They have been in contact with the restaur-
ant manager, but have taken no action because of personnel
changes.
C. Shoreline Park "Monuments": Pat Montag reported she had
ascertained that Parks & Open Space Commission was given
permission by the Council to allow the second "monument",
which was installed earlier this year. She was given
assurance that there will not be any more. The Board
agreed on the desirability of removing the existing markers
in favor of less obtrusive flat plaques.
D. David Teather Park: Rich Musaill reported that he had written
to the Town Manager regarding designation of the park;
he is hopeful it will be approved and a small sign erected.
E. Green Garden Refuse Cans. which were distributed to home-
owners on certain streets, reportedly are being left on
the street between pickups. It was agreed that, besides
the esthetic conmderation,these cans are a hazard to older
people as they are difficult to handle on steep driveways.
Also, we need to know if the quarterly pickup will be con-
tinued. The motion was passed that we write to the
Council stating that our Board is opposed to use of these
cans in our area.
F. Street Sweeping: After discussion, the Board agreed that
the present service, provided by the Mill Valley Refuse
Service, is sporatic and inefficient and quite unsatis-
factory. The motion was passed that we inform the Town
accordingly, with copy to Public Works Department.
VI. NEW BUSINESS
A. De-Annexation or Disincorporation. Association ~ember
Nat Marans asked to address the Board to present his pro-
posal of returning part or all of Tiburon to County juris-
diction. SpeCifically, some of the arguments presented
"
. Minutes - Board of Directors Meeting
August 29, 1995
VII.
NOTE:
REMINDER:
Page 3
were: Tax measures for only specific areas of the Town
(e.g. Open Space); better County-maintained roads; question-
ing necessity of new Library; high annual taxes for Town
services. Also, he would like the Board to be more force-
ful in letting the Town know of our requirements, such as
enforcing house-to-lot size criteria etc.
The Board respectful~ heard Mr. Marans' presentation, but
took no action as to approval or disapproval of his pro-
posal.
B.
Neighbors on Centro West who are in contention over a
building expansion presented their cases to the Board.
It was explained to them that the process would be to
write letters to the Town commissions and attend Town Hall
meetings; that residents do have the right to protest what
they perceive to be undesirable or illegal development:
if they will contact their Homeowners Association, our
Architectural Review committee will look at the plans and
give advice as to how to proceed. The hearing on this
particular matter by the Design Review Committee will be on
September 7th.
C.
Leaf Blowers: The Council hearing on this subject was
referred back to Committee. The motion was passed that
we write to the Council, as an advisory by the Board.
stating that we support the banning of gas-powered leaf
blowers in Tiburon. (Note: This item is on the Council
agenda for September 20.)
The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
X ~ /
- , _. 0'.' /
\ . / /' 'I .,----
X L<Cj.. _.' <- d '-"-.)"'-c. "
Ruth Albright
Secretary
The next BOARD MEETING will be December 5th, 7:30 p.m.,
at Bradley House.
If you have not paid '95 dues, they are 'way over-due.
"
J-kYlL ;0, /L
CITY
OF
COVINA
125 East College Street. Covina, Califomia 91723-2199
August 31,1995
tic)) ~ ({~~ [f~ U ~ ~ I1J
lnl . fc:d
\f-- H 1 1."').)~ "-
, 1_ :" " ~
Mr. Robert L. Kleinert
Town Manager
City of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
TOV'JN !\~,i"\Nl\Ur.::R'::, Of'-r<~C;t
TO'/VN U::: T!8URCN
Dear Mr. Kleinert:
We are writing you to request the City of Tiburon's support for the attached resolution which
was adopted by the Los Angeles Division of the League of California Cities on August 3, 1995.
As you are aware, Division-sponsored resolutions are being forwarded to the League's General
Resolutions Committee on October 23, 1995, and then to the General Assembly on October 24,
1995.
The subject resolution seeks to redistribute 1 % sales tax from the State to cities. The State
currently gets 5% and cities get 1 % of the sales taxes paid on each dollar throughout California.
The resolution directs the League to initiate legislative actions, either through the State
legislature or through a ballot initiative, to change the percentage split to 4% for the State and
2% to cities. If the shift in sales taxes is accomplished, it would mean that the amount of sales
taxes cities now receive would double.
In essence, the resolution seeks to shift money from the Sta te to cities using an existing tax
mechanism and an existing allocation method. The resolution is relatively simple and in
"terms of complexity" stands in sharp contrast to a number of efforts underway on government
restructuring, constitutional revision, and modification of the taxation system, Consequently,
the proposed resolution should not be compared to these activities. The issue for this resolution
is not the structure of government, the constitution, or the taxation system -- it is how much
money different agencies receive. We believe cities and counties are getting a disproportionately
small share of available revenues.
For example, the City of Covina, located in eastern Los Angeles County with a population of
44,000, will receive about $19.8 million in general fund revenue during this next fiscal year from
over a dozen sources, including an 8.25% utility users tax. Of this total, sales tax revenue is
about $5.7 million. The State will get five times this amount or about $28.5 million - all from
Covina transactions. The amount of sales tax revenue going to the State exceeds the City's total
general fund revenue from over a dozen sources! And while Covina's budget has been reduced
in recent years like a number of other cities and counties throughout California, the State's
budget continues to increase, from $53.083 billion in fiscal year 1993-1994 to $57.508 billion in
fiscal year 1995-1996, an increase of 8.3%.
Page 2 of 2.
As most city administrators throughout California know, part of the problem here is that
property tax revenue and other funds have been lost due to State takeaways, A recent Los
Angeles Times article put the amount of property tax revenue taken away by the State at $3.9
billion. Although many would agree that schools need more funding, it is unlikely that many
would agree it should be taken out of the pockets of cities and counties since we have been
heavily impacted by numerous State and Federal mandates as well as increased demands for
Police, Fire, Public Works, Community Development, Parks and Recreation, and Library services
amid continuing recession in many parts of the state.
Adding to the plight and dismay of cities is the outcome of Proposition 172. Proposition 172 was
approved by voters in November 1993 and increased statewide sales taxes a half percent to
augment public safety funding, funding for police and fire services. for example. While it
appeared that this measure would offset losses in property tax revenue, most cities only receive a
small fraction of the money collected from this Proposition due to the formula used to
apportion these funds. For example, Los Angeles County received $370 million so far for 1994-
1995 from Proposition 172, yet has allocated only about $35 million to cities in Los Angeles
County, less than 10% of the revenues. Of the funds allocated to cities, Covina received
$213.000, an amount far less than a half percent sales tax. If these funds were allocated using the
formula used to allocate other sales tax revenues, Covina would have received over $2.5
million.
We all know what is at stake regarding the financing of local government services. The true
impacts of the recession and the need for increased government revenues have been pushed
down to the local level by the State. To save many essential services that are now being
threatened. we need to form a unified voice to effect the same changes at the State level that we
have been forced to make as cities and counties. Through this resolution we are seeking a shift
of an estimated $2.8 billion from the State to cities and counties. This amounts to less than a 5%
cut in the State's fiscal year 1995-1996 budget. This is not an unreasonable reduction considering
the kinds of drastic cuts being made this year by many cities and counties throughout California.
We are not seeking a battle with the State over revenue. We simply feel that many local
services that are now being jeopardized represent a higher taxpayer priority (e.g., Police and Fire)
than other services provided by the State. This is the issue we wish to bring forward with this
resolution. We ask that your City Council adopt the attached supporting resolution and either
FAX it or mail it to the City of Covina by October 18, 1995. FAX to Covina's City Manager, Mr.
Fran Delach at 818/858-5556, or mail it to him at 125 E. College Street, Covina, CA 91723.
Following receipt of your supporting resolution, Covina will mail you a lapel pin that is now
being produced to promote this effort. If you have any questions about this resolution feel free
to call either of us at 818/858-7212.
~d
Mayor
~~
City Manager
TMO'L/FMD,CAK
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES
TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECENED BY CITIES TO 2%,
WHEREAS, the State receives five times as much sales tax revenue as cities throughout
California; and
WHEREAS, the sales tax revenue retained by the State from individual cities often
exceeds the general fund budgets of those cities where the sales tax revenue originates; and
WHEREAS, cities provide services that directly benefit the quality of life in hundreds of
communities throughout California; and
WHEREAS, the public benefits of cities' services include the maintenance of property
values, reduced risk to health and safety caused by crime, fires, medical emergencies, poor
sanitation, and poor building and road construction; and
WHEREAS, cities' services provide important cultural and economic benefits through
parks and recreation programs, library and senior programs, removal of blight from inner cities
and older neighborhoods, and through business attraction efforts that provide jobs; and
WHEREAS, the State has acted to reduce the amount of revenue received by cities in
recent years forcing many cities throughout California to augment their revenues by imposing
local assessments, fees, or taxes - or to make cuts in essential services; and
WHEREAS, because cities receive only a small fraction of the money collected through
voter-approved Proposition 172 (Public Safety Augmentation Fund), public safety services like
police and fire services face drastic financial reductions in many cities throughout California in
light of State takeaways and State-imposed mandates; and
WHEREAS, many taxpayers object to paying additional taxes for what they view as
diminishing local services caused by these factors, especially while the demand for police
services, for example, continues to increase due to rising crime; and
WHEREAS, on August 3, 1995, the Los Angeles County Division of the League of
California Cities adopted a resolution which seeks legislative action that would result in a more
equitable distribution of sales tax revenue by shifting 1 % sales tax revenue from the State to
cities; and
WHEREAS, the League's resolution will help cities provide essential local services
without adding more burden to taxpayers; and
WHEREAS, on October 24, 1995, the General Assembly of the League of California Cities
will vote on this important resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
that the City of does hereby support the League of
California Cities' resolution to Redistribute Sales Taxes so that the total received by cities is 2% of
the amount paid per dollar on taxable sales.
PASSED, APPROVED AND ADOPTED this
day of
1995.
Mayor
A TIEST:
ADOPTED RESOLUTION OF THE LOS ANGELES COUNTY DIVISION
OF THE LEAGUE OF CALIFORNIA CITIES
--ADOPTED AUGUST 3, 1995--
RESOLUTION TO REDISTRIBUTE SALES TAXES
WHEREAS, cities throughout California receive 1 % of the sales taxes
paid on each dollar within their jurisdictions; and
WHEREAS, the State receives 5% of the sales taxes paid on each dollar
in each city throughout California; and
WHEREAS, the State has reduced the amount of funding to cities in
recent years; and
WHEREAS, costs of operating cities have increased in recent years due
to a variety of factors, including increases in crime and increases in the number of
mandates cities must comply with; and
WHEREAS, voters throughout the State are weary of paying additional
taxes, fees, and assessments for what they view as diminishing local services; and
WHEREAS, the above circumstances have led to drastic cuts in the
areas of Police, Fire, Library, Parks and Recreation, and Street Maintenance services
by many cities throughout California; and
WHEREAS, the effects of such cuts, and. continued erosion of services
in these areas will result in increased crime, reduced property values, reduced sales
tax revenues, and increased costs to manage cities; and
WHEREAS, the voters throughout California seem to consider such
local government services a higher priority than many services provided by the
State that are funded with. sales tax revenue; now, therefore, be it
RESOLVED, that the General Assembly of the League of California
Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the
League will sponsor legislation or sponsor a ballot initiative effort that will
redistribute sales taxes received by the State such that the State's share is 4% and the
cities' share is 2% of the sales taxes paid per dollar; and, be it further
RESOLVED, that the amount of sales tax revenue to be redistributed
shall be allocated to cities using the same method as is currently being used to
distribute the existing 1 % share per dollar cities receive.
INFORMATION & SOURCES
Statewide Tax Rate
The statewide sales tax breaks down as follows according to the State Board of
Equalization. [Legal references were obtained from Mr. John Waid, Senior Legal
Counsel. State Board of Equalization (telephone 916/324-3828), Taxable sales
Information is available from the Statistics Section, Planning and Research Division,
State Board of Equalization (telephone 916/445-0840)).
STATEWIDE SALES TAX BREAKDOWN
Percents received by Agencies
5.00%
.50%
.50%
1.00%
.25%
7,25%
R & T Code 6051 & 6051,3
R & T Code 6051.2 & 6201,2; W & I 17600
Pro 172 added to State Constitution
R & T Code 7202 a
R & T Code 7202 d e
Notes:
"About 10% of the amount apportioned to counties is allocated to cities. except in Alameda
County.
'Apportioned by place of sale.
Do cities receive 1 % or 1 .25% ?
The Bradley-Burns Uniform Local Sales and Use Law (Taxation and Revenue 7200 et
seq.), does establish the rate for cities and counties at 1.25 percent. But, according to
Mr. John Waid, Senior Legal Counsel, State Board of Equalization, .25 percent is
reserved for county transportation programs and goes to counties, This is pursuant to
sections 7202(d)(e). Hence, cities do not receive 1.25 percent. but 1 % in non.
restricted general funds.
Health and Welfare Realionment Prooram
The amount designated for county health and social service programs of $1.6 billion
(according to Western City, August 1995. p. 4), mostly goes only to counties, according
to the Sandy Rogerson, Supervisor of Health and Welfare Program, Apportionment Unit
of the State Controller's Office (916/322-5089). This is for the Health and Welfare
Realignment Program which was approved and went into effect in 1991. This program
is codified in Welfare & Institutions Code, Sections 17600 - 17609,15, Only seven
cities statewide receive any funds for this program (San Francisco, Berkeley, Pasadena,
Long Beach, and a Tri-City group).
OVER
Public Safetv Funds
These funds were voter approved through Prop 172 in November of 1993 and amount to
a .5% sales tax. They are designated for counties and cities that were subject to the
property tax shift and are apportioned to counties based on their percentage of statewide
taxable sales.
Counties allocate funds to cities based on a formula established in Government Code
Sections 30052-30054. According to Mr. Lyman Jeung, Principal Accountant of the LA
County Auditor's Office (telephone 213/974-8362), and as stated in the Code, there is
a limit on how much cities can receive from Prop 172 revenue -- 50% of the amount
shifted in property taxes after deducting vehicle registration fee revenue. For example.
if a city lost $1 million in property tax revenue but received $200,000 in vehicle
registration fee revenue, then the city could receive no more than $400,000 in Prop
172 revenue (1,000,000 - 200,000 = 800,000 " .50 = 400,000).
LA County received $370 million in fiscal year 94-95 (less 1 month) and retained
$335 million; cities in LA County were apportioned about $35 million -- less than
10% of the total apportioned to LA County by the State. Mr. Lyman says that counties
lost a greater share of property tax revenue during the shift and this is why counties
receive a larger share of sales tax revenue from this source. According to Ms. Kwong-
McGee at the State Controller's Office (916/324-8365), a number of cities are now
complaining how little funding they actually receive -- in some cases counties are
retaining up to 95% of these revenues. As an example of what this has meant to cities
consider the following example.
Prop 172 ushered in a 1/2 cent or .5% sales tax. A 1% sales tax results in $5.7
million to the City of Covina (population 44,000) when it is apportioned based on place
of sale. Yet, the 1/2 cent sales tax imposed by Prop 172 resulted in only $213,000 to
Covina last year. This has to do with the formula set forth in Government Code Section
30054. If this allocation formula was changed to return the funds based on place of
sale, Covina's revenue designated for public safety services would increase by over $2.5
million per year.
Tie ~ A!o, 13
GENERAL OR SPECIAL
MUNICIPAL ELECTION CONSOLIDATED
TUESDAY, MARCH 26, 1996
November 20, 1995
toctober 18
November 20 - December 4
November V
December 4 - December 29 5pm
December 8
December 8
December 19
December 29
December 29 5pm
December 29
January 3 5pm
January 4
January 5
January 11
January 29 - March 12
February 15
February 26
February 26 - March 19
March 5
March 14
March 20 - March 26
March 25
March 26
March 28 - April 23
July 31,1996
April 1, 1997
LAws IN EFFECT IN 1995
Council to Adopt Resolutions
Suggested Last Day to File Petitions Regarding Measure
Publish Notice of Election
Last Day to Adopt Regulations for Candidates Slatements
Filing Period for Nomination Papers
Suggested Last Day to Call Election for Ballot Measures
Last Day to File Campaign Expenditure Statement - Measures
Publish Notice of Election - Measure. No Candidates
Post Notice of Deadline for Filing Arguments
Suggested Last Day to File Arguments
Suggested Last Day to File Rebuttal Arguments
Last Day to File Nomination Papers
Last Day to Request Consolidation
Last Day to File Nomination Papers - Extension
Secretary of State to Determine Order of Names on Ballot
Publish Notice of Nominees
Last Day to File Names and Occupations of Candidates
Last Day to Cancel Election - Insufficient Candidates
Filing Period for Write-In Candidate
Last Day to File Campaign Expenditure Statements
Last Day to Register to Vote
Voters May Request Absentee Ballots
Last Day to Mail Sample Ballots and Polling Place Notices
Last Day to Fiie Campaign Expenditure Statements
Emergency Absent Voting Period
Last Day for Council to Adopt Procedures to Resolve Tie Vote
Election Day
County to Canvass Election Retums
Council to Declare Results
Last Day to File Slatement of Economic Interests
Last Day to File Campaign Expenditure Statements
Last Day to Submit Report on Measures to Secretary of Slate
(E-127)
(E -160)
(E -127 to 113)
(E -120)
(E - 113 to 88)
(E -109)
(E -109)
(E -98)
(E - 88)
(E-88)
(E - 88)
(E-83)
(E -82)
(E - 81)
(E -75)
(E - 57 to.,14)
(E - 40)
(E - 29)
(E - 29 to 7)
(E - 21)
(E-12)
(E - 6 to E)
(E-l)
(E + 2 to 28)
* * * * *
MAAnN & CHAPMAN Co. . 1951 WRIGHT CIRCU! . ANAHEIM, CA 9280&-6028
7141939-9866 . FAX 7141939-9870
(I,......,..,