HomeMy WebLinkAboutTC Agd Pkt 2008-01-16 (3)
TOWN OF TIBURON
L 1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
January 16, 2008
Agenda Item:
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STAFF REP()RT
To:
Mayor and Members of the Town Council
From:
Community Development Department
Subject:
10 Via Paraiso East; File No. 30706
Amendment to the Del Madera Precise Plan (PD #23)
to Adjust a Building Envelope; Robert and Amanda Anderson,
Owners; Schwartz and Associates, Applicant;
Assessor Parcel No. 039-290-56
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Reviewed By:
PROJECT DATA
Address:
Assessor's Parcel Number:
File Number:
Lot Size:
General Plan:
Zoning:
Subdivision:
Current Use:
Owners:
Applicant:
Date Complete:
10 Via Paraiso East
039-290-56
30706
36,972 square feet
Medium Density Residential
RPD (Del Madera Precise Plan, PD #23)
Parcel "A" of24 PM 52 (resub. of Del Madera Lots 18-22)
Single-Family Residential
Robert and Amanda Anderson
Schwartz and Associates
October 26, 2007
BACKGROUND
This application is proposing an amendment to the Del Madera Precise Plan for property located
at 10 Via Paraiso East. The applicants wish to adjust the building envelope on the northern side
of the property to install a swimming pool and an outdoor stairway in area outside the existing
building envelope. On November 14,2007, the Planning Commission adopted Resolution No.
2007 -16 (Exhibit 1) recommending to the Town Council that the Precise Plan amendment be
approved.
PROJECT DESCRIPTION
The Del Madera Precise Plan was approved in 1981, and includes parcels along Gilmartin Drive
and Via Paraiso East and West. The precise plan established building envelopes for each parcel,
and states that "no building or structure (including roof overhangs, decks, trash enclosures and
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the like) shall be constructed or erected which does not comply with the Building Envelope and
Lot Restrictions." The owners of the property at 10 Via Paraiso East propose to construct a
swimming pool and outdoor stairway, which would extend outside of the existing building
envelope. The building envelope on the northern side of the property would be adjusted by
decreasing the size of the setback from the required minimum twenty feet (20') to eight feet (8'),
to allow construction of the proposed improvements.
ANAL YSIS
The house on the subject property is oriented at an inward angle, rather than running parallel to
the side property lines. Open space is located both above and below the subject site. The angle
of the property line and the existing twenty foot (20') setback forces any structural improvements
to be located toward the middle of the rear yard, away from the existing landscaped rear yard
area.
The applicants propose to keep a 25 foot maximum height for the small portion of the envelope
containing the desired stairway, and propose to limit to 15 feet all other structures placed within
the expanded north side building envelope area. Adjustment of the building envelope would not
likely impact nearby homes as open space is located around the site.
REVIEW BY THE PLANNING COMMISSION
The Planning Commission held a public hearing on this application at its November 14,2007
meeting. During the meeting, the commission discussed a "no net gain" option recommended by
Staff in which an equal area of building envelope is deleted so as to result in a no net gain in
envelope area as a result of the requested adjustment. Staff estimated that approximately 2,460
square feet of envelope area would be gained by the adjusted envelope and that a logical no net
gain option would be to reduce the lower portion of the envelope by the same square footage.
The applicant agreed to this particular no net gain option.
The Planning Commission found the application to be in conformance with the Del Madera
Precise Plan and the Tiburon General Plan and voted 4-0 to approve the application with the
suggested "no get gain" envelope.
ENVIRONMENT AL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Section 15301 of the CEQA Guidelines.
RECOMMENDA TION
Staff recommends that the Council:
1. Hold a public hearing on this item
2. Adopt the Draft Resolution (Exhibit 5) finding the project exempt from CEQA
and conditionally approving the application
l(;)[\
Exhibits:
Prepared By:
1.
2.
3.
4.
5.
Planning Commission Resolution 2007-16
Application Form and Supplemental Materials
Planning Commission Staff Report dated November 14,2007
Minutes of the November 14,2007 Planning Commission Meeting
Draft Resolution
Laurie Tyler, Associate Planner
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RESOLUTION NO. 2007-16
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A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING TO THE TOWN COUNCIL APPROV AL OF
AN AMENDMENT TO THE DEL MADERA PRECISE PLAN (pD #23) TO
ADJUST A BUILDING ENVELOPE ON PROPERTY AT 10 VIAPARAISO EAST
ASSESSOR PARCEL NO. 039-290-56
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town has received and considered an application filed by Robert and Amanda
Anderson for an amendment to the Del Madera Precise Plan (PD #23) to adjust the
building envelope at 10 Via Paraiso East. The application consists of the following:
1. Application form and supplemental materials, dated October 19,2007
2. Site Plan and Building Envelope Plans, dated October 19,2007
B. The Planning Commission held a duly-noticed public hearing on November 14, 2007, and
heard and considered testimony from interested persons.
C. The Planning Commission finds that the project is exempt from the requirements of the
California Environmental Quality Act per Section 15301 of the CEQA Guidelines.
D. The Planning Commission finds based upon application materials and anaiysis presented
in the November 14, 2007 Staff Report, as well as visits to the site and testimony received
from the applicant, that the project is consistent with the intent of the Del Madera Precise
Plan. The adjusted building envelope would improve the ability to utilize the rear yard of
the subject property without significant impacts on nearby property or improvements,
while maintaining a sufficient buffer to the adj acent open space area.
E. The Planning Commission finds the project to be consistent with the goals and policies of
the Tiburon General Plan. Land Use Element Policy LU-5 states that "new development
shall be in harmony with adjacent neighborhoods and open spaces." The proposed
adjustment of the building envelope would not result in any substantial impacts on nearby
residential properties, and would still provide an appropriate buffer between the envelope
and the adj acent open space area.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
approval of the precise plan amendment adjusting the building envelope at 10 Via Paraiso East to
the Town Council, subject to the following conditions:
Tiburon Planning Commission
Resolution No. 2007-16
November 14,2007
1
EXHIBIT NO. /
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1. The adjusted building envelope for the property at 10 Via Paraiso East shall be
amended as reflected the drawing labeled Adjusted Building Envelope, prepared
by Schwartz and Associates, dated November 14,2007, attached hereto as Exhibit
"A" and incorporated herein.
2. Any stairway that may be approved at the northern edge of the residence shall not
exceed 25 feet in height. Any and all other structures within the expanded north
side yard portion of the envelope, containing approximately 2,460 square feet,
shall not exceed 15 feet in height.
3. This approval shall in no way alter other provisions of the Del Madera Precise
Plan not specifically modified herein.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
November 14, 2007, by the following vote:
AYES:
COMMISSIONERS: COLLINS, FRASER, KUNZWEILER, AND
O'DONNELL
NOES:
COMMISSIONERS: NONE
ABSENT:
COMMISSIONERS: AGUIRRE
1....
EMMETT O'DONNELL, VICE-CHAIRMAN
Tiburon Planning Commission
SCOTT ANDERSON, SECRETARY (ACTING)
Attachments: Exhibit "A"
Tiburon Planning Commission
Resolution No. 2007-16
November 14, 2007
2
EXHIBIT NO. I
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. TOWN OF TIBURON r; '.
LAND DEVELOPMENT APPLICATION'---~">:v,:.,:
TYPE OF APPLICATION
o Conditional Use Permit 0 Design Review (DRB)
. Precise Development Plan ~ Design Review (Staff level)
o Secondary Dwelling Unit 0 Variance
o Zoning AmendmentlPrezoning 0 Floor Area Exception
o . Gener~1 Plan Amendment 0 Sign 'Permit
o Change of Address 0 Tree Permit
o Tentative Subdivision Map
o Final Subdivision Map
o Parcel Map
o LotLine Adjustment
o ~~~ifipCl~~ of Gompliance
,0 Other
*If other than owner, must have letter from owner,
Date:
EXHIBIT NO,-~
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Precise Plan Amendment A1!Plication
10 via Paraiso East
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Current Improvements
P NNING DIVISION
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Single family home, Driveway, Landscape Terraces, Patios, Spa, L-aWn an
Plantings
Proposed Chaol!es
Change the northern 20 foot side yard set back to an 8 foot set back.
Any new structures between 8 feet and 20 feet of the northern property line not
to exceed 25 feet. ie. Stairway or lift from deck over garage to rear yard patio.
PRECISE PLAN AMENDMENT NARA TIVE
Del Madera Subdivision, lot 18 - 10 Via Paraiso East
Weare proposing to change the north side yard set back at 10 Via Paraiso
East from 20' to 8' for the purpose of creating a usable rear yard landscape.
(Fig. 1 a and Fig. 1 b)
Presently the property line, angles inward rather than running parallel to the
side of the house as is the case in most lot configurations. (Fig. 1 b) The
angle of the property line and the existing 20' set back forces any planned
structures Le. walls or swimming pool, terrace, to be located towards the
middle of the rear yard, effectively reducing the usable rear yard.
In 1996 a Landscape Plan was approved and landscape instalied with
structures within 8 feet of the property line. (Fig. 2)
This year the property was purchased and the new owners would like to
install a pool within the existing foot print of the previously approved
landscape. (Fig. 3)
EXHIBIT NO. cl.
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We are proposing an amendment to the Del Madera Subdivision Precise
Plan that would change the side yard setback for 10 Via Paraiso East from
20 feet to 8 feet This would resolve the north side yard setback issue created
by the original inward angled property line and the approval of the 1996
Landscape Plan.
We feel that the original set back and property line were created without the
full understanding of how placement of the residence might impact the
reasonable use of the rear yard space.
There are no neighbors adjacent to 10 Via Paraiso East. The steeply sloping
area adjacent to the side yard is Town of Tiburon open space covered with
scotch broom. (Fig 4)
The resulting landscape would not create any additional visual
impact. (Fig. 5)
The proposed amendment would enlarge the overall building envelope and are
fine with reducing the envelope in another area to end up with the same
envelope square footage.
Additionally we understand that there should be some sort of height limit to the
reduc~d 8 foot setback. We propose that no structure be erected that exceeds
15 Feet in the new 8 to 20 setback area.
The exception would be the area next to the garage and deck above which
would be 25 feet to accommodate a stair or lift to the rear yard (fig 3).
Presently there is no exterior access from the upper level to the rear yard
landscape. The only access to the rear yard is through the master bedroom and
exerCIse room.
Figure la- Existing Del Madera Lot 18 side yard 20' set back
Figure Ib- Proposed Del Madera Lot 18 side yard 8'set back
Figure 2 - 1996 Landscape Plan
Figure 3 - Proposed New Pool and Stair within existing landscape foot print
Figure 4 - Photo of Town Open Space from Via Paraiso.
Figure 5 - View of Proposed Pool from Via Paraiso east
EXHIBIT NO. Z.
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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Planning Commission Meeting
~overnberI4,2007
Agenda Item:c:2 .
STAFF REPORT
To:
Members of the Planning Commission
Prom:
Associate Planner Tyler
Subject:
10 Via Paraiso East: File No. 30706; Amendment to the Del Madera
Precise Plan (PD#23) to Adjust a Building Envelope; Robert and
Amanda Anderson, Owners; Schwartz and Associates, Applicant;
Assessor Parcel No. 039-290-56
Reviewed By:
~
PROJECT DATA
Address:
Assessor's Parcel Number:
Pile Number:
Lot Size:
General Plan:
Zoning:
Subdivision:
Current Use:
Owners:
Applicant:
Date Complete:
10 Via Paraiso East
039-290-56
30706
36,972 square feet
Medium Density Residential
RPD (Del Madera Precise Plan, PD #23)
Parcel "A" of24 PM 52 (resub. of Del Madera Lots 18-22)
Single Family Residential
Robert and Amanda Anderson
Schwartz and Associates
October 26, 2007
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ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements ofCEQA per Section 15301 of the CEQA Guidelines.
PROJECT DESCRIPTION
The applicants propose adjusting the building envelope for 10 Via Paraiso East, a lot regulated by
the Del Madera PJecise Plan. The applicants desire to install a swimming pool and an outdoor
stairway, in an area outside the existing building envelope. The property is currently developed
with a single-family dwelling and is bordered by open space to the north, east, and west and on
the south by a vacant lot in the Del Madera Subdivision.
The applicants propose to expand the building envelope on the northern side, by decreasing the
size of the setback from the required minimum twenty feet (20') to eight feet (8'), to allow
EXHIBIT NO. 3
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PianJllng C:OrnmlSSIPn
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construction of the proposed improvements. The application states that the applicants do not
oppose reducing another portion of the envelope in order to result in no net change in overall
building envelope area, although no specific area for reduction has been identified.
ANAL YSIS
Proiect Design
...-
The Del Madera Precise Plan was approved in 1981, and includes parcels along Gilmartin Drive
and Via Paraiso East and West. The precise plan established building envelopes for each parcel,
and states that "no building or structure (including roof overhangs, decks, trash enclosures and
the like) shall be constructed or erected which does not comply with the Building Envelope and
Lot Restrictions." This restriction prohibits the extension of residential structures over three feet
in height and fences over forty-two inches in height outside of the envelopes. Most lots within
this subdivision, including the subject lot, have twenty foot (20') side yard setbacks established
by the building envelope, although some lots have smaller setbacks.
The house on the subject property is oriented at an inward angle, rather than running parallel to
the side property lines. Open space is located both above and below the subj ect site. The angle
of the property line and the existing twenty foot (20') setback forces any structural improvements
to be located toward the middle of the rear yard, away from the existing landscaped rear yard
area.
In 1995, a landscape plan, including retaining walls and a swimming pool, was approved by the
Design Review Board (DRB) at the request of a prior property owner. Apparently through a
Town oversight, the retaining walls were approved by the DRB and constructed outside the
building envelope, without the benefit a precise plan amendment to adjust the building envelope.
The retaining walls appear to have been constructed in accordance with the DRB-approved plans;
the approved pool was never installed.
The currently-proposed swimming pool would be located approximately ten (10) feet from the
side property line and within the area surrounded by the existing retaining walls. The proposed
stairway would extend to within eight (8) feet of the property line. The owners state that the
stairway is needed to provide access between the rear yard and the existing garage and deck. The
extension of the building envelope to within eight feet of the property line would allow the
exterior stairway and a small corner of the proposed pool to be located within the building
envelope. .
The applicants propose to keep a 25 foot maximum height for the small portion of the envelope
containing the desired stairway, and propose to limit to 15 feet all other structures placed within
the expanded north side building envelope area. Adjustment of the building envelope would not
likely impact nearby homes as open space is located around the site. The nearest dwellings are 9
Via Paraiso East, located uphill to the north; and 2 Via Parasio East, located downslope and to the
west. The open space surrounding the property is visual in nature, with no public trails.
EXHIBIT NO. 3
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Compliance with the Del Madera Precise Plan
The building envelopes established by the Del Madera Precise Plan were designed to allow
adequate space between each parcel and between residences constructed on other lots. The
subj ect home was built at an inward angle, not parallel with the property lines or the building
envelope line. The practical area for rear yard improvements is therefore oddly angled with
respect to these lines.
Given the horizontal and vertical distances between nearby homes and the subject site, the
proposed adjustment of the building envelope would not appear to negatively impact adjacent
land or improvements, although it could potentially bring improvements closer to the residences
located at 2 Via Parasio East and 9 Via Paraiso East. Other properties within the Del Madera
subdivision (e.g. 11 Via Paraiso West, 2 Via Paraiso East, 160 Gilmartin Drive) have requested
and received approval for adjustments to building envelopes in the past for structural
improvements, although each proposal is unique and must be assessed on a case-by-case basis.
Consistent with past practice, staff recommends that an equal area of building envelope be
deleted so as to result in no net gain in envelope area as a result of the requested adjustment.
Staff estimates a total gain of approximately 2,460 square feet of envelope area from reducing the
northern side setback from 20 feet to 8 feet. Staff suggests that the applicant prepare a drawing
showing where such a deletion could occur for review by the Commission. Staff estimates that if
the 2,460 square feet were deleted from the lower portion of the envelope parallel to the western
property line, it would shorten the envelope by approximately 30 feet, leaving about 50 feet
between the proposed pool and the shortened rear setback line of the envelope. Exhibit 4 depicts
one approximate "no net gain" option, for illustrative purposes. Alternate areas of the existing
envelope could be considered for deletion.
General Plan Consistency
The application has been reviewed fo:rconsistency with the Tiburon General Plan and with the
requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land Use
Element Policy LU-5 states that "new development shall be in harmony with adjacent
neighborhoods and open spaces." Adjustment of the building envelope along the northern
setback line would not be expected to substantively impact surrounding properties or the open
space surrounding the site. The proposed swimming pool and outdoor stairway would be located
within the existing landscaped area which already contains structural improvements, and would
be subject to Site Plan & Architectural Review approval.
FUTURE ACTIONS REQUIRED
Any affirmative action by the Planning Commission on this application would be in the form of a
recommendation to the Town Council. Should the Commission vote to deny the project, that
decision would be final, unless appealed to the Town CoUncil. If the amendment to the precise
plan is approved by the Town Council, subsequent Town permits would include Site Plan and
Architectural Review approval and building permits for any proposed pool and/or stairway.
EXHIBIT NO. .3
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RECOMMENDATION
Staff recommends that the Planning Commission:
1. Hold a public hearing on this application:
2. Consider the draft resolution recommending approval to the Town Council of the
amendment to the Del Madera Precise Plan adjusting the building envelope for the
property located at 10 Via Paraiso East.
Exhibits:
1.
2.
3.
4.
Application Form
Supplemental Application Materials
Draft Resolution
Sample "No Net Gain" Envelope
Prepared By:
Laurie Tyler, Associate Planner
EXHIBIT NO. :3
~r 4: 1- it
2. 10 VIA PARAISO EAST: AMENDMENT TO THE DEL MADERA
PRECISE PLAN (PD #23) TO ADJUST A BUILDING ENVELOPE; FILE
#30706; Schwartz and Associates, Applicant; Robert and Amanda Anderson,
Owners; Assessor's Parcel No. 039-290-56
The applicants propose adjusting the building envelope for 10 Via Paraiso East, a lot
regulated by the Del Madera Precise Plan. The applicants desire to install a swimming
pool and an outdoor stairway in an area outside the existing building envelope. The
property is currently developed with a single-family dwelling and is bordered by open
space to the north, east, and west and on the south by a vacant lot in the Del Madera
Subdivision. The applicants propose to expand the building envelope on the northern
side, by decreasing the size of the setback from the required minimum twenty feet (20')
to eight feet (8 '), to allow construction of the proposed improvements.
Staff finds the proposal to be in compliance with the development plan and zoning
ordinance, and recommends the Commission hold the public hearing and recommend
approval to the Town Council.
Commissioner Collins referred to Figure 2, the 1996 landscape footprint, and noted it
appears there is an encroachment on the northwest corner of the building and asked staff
to address this. Community Development Director Anderson suggested the applicant
first address this matter during his presentation, with staff to comment after that.
Commissioner Kunzweiler confirmed that the Commission was only looking at the
modification of the setback and not about any proposed specific structure. Community
Development Director Anderson confirmed that understanding and said the applicant
would need to apply for design review for any proposed structures. He noted that staff
left blank spaces in the resolution which could be filled in, depending upon the
Commission's direction in possibly subtracting elsewhere from the envelope to offset the
gain occurring on the one side of the parcel.
The public hearing was opened.
David Schwartz, landscape architect for the project, said in 1996 they designed and
received approval for the existing landscape plan which was installed in 1997. The area
of the house in question is a garage which is below a utility room, with a deck over the
area and the irregularity found was never brought to the owner's and his attention. He
was recently engaged to design a new swimming pool and because of the angle of the
original lot line, it is difficult to create a usable rear yard space without getting close to
the property line. Therefore, they propose the new pool to be within the existing
landscaped area, with new planting and terracing below so as to mitigate any visual
impacts.
Dr. Peter Callander, 9 Via Paraiso East, asked if the envelope is adjusted, would it mean
that a structure could be built up more toward the side of the property closest to his home.
If so, he would be concerned with view impacts, noting his lot was up against the open
TIBURON PLANNING COMMISSION MINUTES November 14, 2007
MINUTES # 954
Page 3
EXHIBIT NO. 4
~. {cfl3
space and he currently looks down onto the subject property. He said he had no problem
with the swimming pool, but by moving the envelope, questioned possible view impacts
on him as a homeowner.
Community Development Director Anderson said the way the draft resolution has been
written, the proposed stairwell could be up to 25 feet in height, where the envelope would
be shortened from 20 feet to 8 feet on that side. The resolution also contains a condition
that other structures in that extended envelope area could not exceed 15 feet in height.
Commissioner Fraser said the stairwell actually steps down, and from the contour of the
land, he believed the height would not exceed 25 feet.
Dr. Callender confirmed his understanding that structures were restricted to 15 feet in
height and that other improvements would most likely be limited to landscaping and
fountains, which were low in height. He requested that landscaping be included around
the pool and in the open space, as the area once full of natural vegetation had been
cleared. In addition, he requested that when construction workers were present, some
arrangement could be made regarding keeping access open and avoiding parking
problems on the narrow street.
The applicant said it was their client's concern to maintain privacy around the pool, as
well as landscaping along the street, and acknowledged the street was narrow and said
they would work with Dr. Callender regarding access and parking during construction.
There being no one else wishing to speak, the public hearing was closed.
Commissioner Fraser supported the application, felt it would be of benefit to have the "no
net gain envelope" option presented as an attachment in the staff report, and requested
staff to work out how this could be accomplished.
Commissioner Kunzweiler supported the request and the "no net gain envelope" option.
Commissioner Collins asked if the encroachment of the northwest corner could be
addressed in some way separate and apart from what now is being done in changing the
lot line. Community Development Director Anderson said he looked at the 1995
drawings and it appeared this was mostly overhang of the roof and not so much as a
building structure encroachment. He said the site is very steep and had some special
considerations granted in the late 1980's when the house was first approved. It had
required massive retaining walls against the roadway during its construction, and the.
driveway to reach the house itself actually encroaches into the Town's open space, which
was approved by the Town Council. He believed the envelope adjustment would correct
any existing overhang issues.
Commissioner Collins said given this history, he supported the project and the "no net
gain envelope" option.
TIBURON PLANNING COMMISSION MINUTES November 14, 2007
MINUTES # 954
EXHIBIT NO. 1
Page 4 ffj. 2cP3
Vice Chair O'Donnell agreed and was happy to see Mr. Schwartz was willing to work
with Dr. Callender.
Community Development Director Anderson asked if the applicant had any objection to
the no net gain drawing for the envelope that was included in the staff report. Mr.
Schwartz said he had no objection.
ACTION: MIS (Kunzweiler/Collins) to approve the resolution as amended relating to the
"no net gain envelope" option, which is at staff s discretion in adjusting the drawing and
making the modifications to reflect Exhibit 4 of the staff report. Motion carried 4-0.
EXHIBIT NO.~
ffl. '3 ct03
TIBURON PLANNING COMMISSION MINUTES November 14,2007
MINUTES # 954
Page 5
RECORDING REQUESTED
RETURN TO:
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION NO. XX-2008
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT TO THE DEL MADERA PRECISE PLAN (PD #23)
TO ADJUST A BUILDING ENVELOPE ON PROPERTY LOCATED AT 10 VIA
P ARAISO EAST
ASSESSOR PARCEL NUMBER: 039-290-56
WHEREAS, on November 14, 2007, the Planning Commission held a public
hearing to consider the approval of amendment to the Del Madera Precise Plan to adjust a
building envelope for the property developed with an existing single-family residence at
10 Via Paraiso East; and
WHEREAS, after receiving public testimony and considering the application at
that hearing, the Planning Commission adopted Resolution No. 2007-16 recommending
to the Town Council that the Precise Plan Amendment be approved; and
WHEREAS, on January 16,2008, the Town Council held a public hearing on this
application and after hearing all testimony and reviewing all documents on the record, the
Town Council concurred with the findings made by the Planning Commission and found
that the proposed precise plan amendment to adjust a building envelope for the property
at 10 Via Paraiso East would be consistent with the overall intention of the Del Madera
Precise Plan and the policies contained within the Tiburon General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the requested amendment to the Del Madera Precise Plan,
subject to the following conditions:
1. The approved adjusted building envelope for the property at 10 Via
Paraiso East shall be amended as reflected on the Site Plan, prepared by
Schwartz and Associates, dated November 14, 2007, attached as Exhibit
"A".
TIBURON TOWN COUNCIL
RESOLUTION NO. XX-2008
EXHIBIT NO.1 ~
pr\A-~
2. Any stairway that may be approved at the northern edge of the residence
shall not exceed 25 feet in height. Any and all other structures within the
expanded north side yard portion of the envelope, containing
approximately 2,460 square feet, shall not exceed 15 feet in height.
3. This approval shall in no way alter other provisions of the Del Madera
Precise Plan not specifically described herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on January
16, 2008, by the follo~ing vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
RESOLUTION NO. XX-2008
2
EXI-IIBIT NO. 5
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EXHIBIT NO. S-
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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
January 16, 2008
Agenda Item: IJ'.' .
/'-' -1-/- L/
i i I
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Amend Title IV, Chapter 13 (Building Regulations) of the Tiburon
Municipal Code to Adopt by Reference and with Modifications the
Lw-Authorized Construction Codes
Reviewed by:
BACKGROUND
From time to time the State of California adopts updated construction codes and allows local
governments a I80-day window to adopt those codes with modifications. The new state codes
went into effect on January 1, 2008 and the Town has until June 30, 2008 to make any local
modifications provided that the state-adopted codes continue to represent minimum requirements.
Local governments are allowed to make modifications to the standardized codes under limited
circumstances and Tiburon and most other municipalities regularly do so. The ordinance before
the Town Council contains the Town's adoption of the construction codes, with modifications for
local conditions, and incorporates by reference the two local Fire Districts' modifications to the
Fire Code.
ANAL YSIS
For Tiburon, the major change in the construction codes adopted by the state during this cycle,
which has generated spirited discussion in certain communities, deals with changes to the Fire
Code relating to wildland/urban interface areas. Enhanced buffers and construction materials for
decks, exterior siding and. the like are all part of the fire-related changes to the codes precipitated
by the wildland fires that have ravaged parts of the state in recent years. The Tiburon Fire
Protection District has already adopted the new Fire Code with amendments (Exhibit 1), and the
Southern Marin Fire District will be adopting the new codes shortly
Other changes include a switch to the International Building Code, as opposed to the Uniform
Building Code, as the basic building code amended by the State. There are numerous
organizational changes, section changes, and appendix changes associated with this new code.
As Town staffbecomes more familiar with the new codes over the coming months, it may
discover the need for additional local modifications to the codes. If so, additional amendments
will be prepared for Council consideration.
'!'Cl\\.'f) (':CJU nci!
16, 20(\H
ENVIRONMENTAL STATUS
This project is ministerially exempt from the requirements of CEQA.
STAFF RECOMMENDATION
Following a public hearing, staff recommends that the Town Council:
1. Hold a public hearing and consider any testimony.
2. Move to read by title only and introduce the ordinance (Exhibit 2) amending Title IV, Chapter
13 (Building Regulations) of the Tiburon Municipal Code to adopt updated construction codes
with modifications.
EXHIBITS
1. Draft Ordinance
Prepared by: Scott Anderson, Director of Community Development
Dean Bloomquist, Building Official
Tarun Sanghvi, Assistant to the Building Official
ORDINANCE NO. 122
AN ORDINANCE ADOPTING
THE CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE
PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO
LIFE AND PROPERTY
FROM FIRE OR EXPLOSION,
PROVIDING FOR THE ISSUANCE OF PERMITS
FOR HAZARDOUS USES OR OPERATIONS,
AND ESTABLISHING A FIRE PREVENTION BUREAU AND PROVIDING
OFFICERS THEREFORE ,
AND DEFINING THEIR POWERS AND DUTIES
Be it ordained by the Board of Directors of the Tiburon Fire
Protection District.
SECTION 1.
ADOPTION OF CALIFORNIA FIRE CODE AND
INTERNATIONAL FIRE CODE
There is hereby adopted by the Board of Directors of the Tiburon
Fire Protection District, for the purpose of prescribing regulations goveming
conditions hazardous to life and property from fire or explosion, that certain
Code and Standards known as the 2007 Califomia Fire Code which consists of
certain portions of the 2006 edition of the Intemational Fire Code as amended
by the Califomia Building Standards Commission, including Appendix Chapter
1 ADMINISTRATION, Appendix Chapter 4 SPECIAL DETAILED
REQUIREMENTS BASED ON USE AND OCCUPANCY, Appendix B FIRE FLOW
REQUIREMENTS FOR BUILDINGS, Appendix C FIRE HYDRANT LOCATIONS
AND DISTRIBUTION, Appendix E HAZARD CATEGORIES, Appendix F HAZARD
RANKING, Appendix G CRYOGENIC FLUIDS WEIGHT AND VOLUME
EQUIVALENTS, Appendix H HAZARDOUS MATERIALS MANAGEMENT PLANS
AND HAZARDOUS MATERIALS INVENTORY STATEMENTS, and the following
Appendices of the 2000 Edition of the Uniform Fire Code Appendix lA LIFE
SAFETY REQUIREMENTS FOR EXISTING HIGH-RISE BUILDINGS, Appendix 1-
C STAIRWAY IDENTIFICATION, Appendix II-A SUPPRESSION AND CONTROL
OF HAZARDOUS FIRE AREAS, Appendix II-B PROTECTION AND FLAMMABLE
AND COMBUSTIBLE LIQUID TANKS IN LOCATIONS SUBJECT TO FLOODING,
Appendix II-C MARINAS, Appendix II-D RIFLE RANGES, Appendix II-H SITE
ASSESSMENTS FOR DETERMINING POTENTIAL FIRE AND EXPLOSION
RISKS FROM UNDERGROUND FLAMMABLE OR COMBISTIBLE LIQUID TANK
LEAKS, Appendix II-K NON PROTECTED ABOVEGROUND STEEL TANKS FOR
PRIVATE MOTOR VEHICLE FUEL DISPENSING STATIONS OUTSIDE
BUILDINGS, Appendix III-D FIRE DEPARTMENT ACCESS GUIDELINES,
1
EXHIBIT NO.
I
Appendix IV-A INTERIOR FLOOR FINISH, Appendix IV-B CHRISTAMS TREES,
Appendix V-A NATIONALLY RECOGNIZED STANDARDS OF GOOD PRACTICE,
Appendix VI-B GUIDELINES FOR EVALUATING FIRE AND TESTING TO
SUBSTANTIATE ALTERNATE MATERIALS AND FIRE PROTECTION DESIGNS,
Appendix VI-D EMERGENCY RELIEF VENTING FOR FIRE EXPOSURE FOR
ABOVE GROUNDTANKS, Appendix VI-H RECOMMENDED SEPARATION
DISTANCES FOR EXPLOSIVE MATERIALS, Appendix VI-J REFRIGERANT
GROUPS AND PROPERTIES, and the International Fire Code published by the
International Fire Code Council, Inc., being particularly the 2006 Edition
hereof and the whole thereof, save and except such portions as are hereinafter
deleted, modified or amended by Section 11 of this Ordinance of which Code
and Standards not less than one ( 1) copy is filed in the office of the Fire
Marshal of the Tiburon Fire Protection District, and the same are hereby
adopted and incorporated as fully as if set out at length herein, and from the
date on which this Ordinance shall take effect, the provision thereof shall be
controlling within the limits of the Tiburon Fire Protection District.
SECTION 2.
ESTABLISHMENT AND DUTIES OF THE
DIVISION OF FIRE PREVENTION
The 2007 California Fire Code, which consists of certain portions
of the 2006 edition of the International Fire Code as amended by the California
Building Standards Commission, and the 2006 edition of the International Fire
Code, and certain portions of the 2000 edition of the Uniform Fire Cod~ as
adopted and amended herein, shall be enforced by the Fire Prevention Bureau
of the Tiburon Fire Protection District and shall be operated under the
supervision of the Chief of the Tiburon Fire Protection District.
SECTION 3. DEFINITIONS
Wherever they appear in the California and International Fire
Code, unless otherwise provided, the following words shall have the meanings
ascribed to them in this section:
(a) Whenever the words "Fire Code" or "This Code" are used they
shall mean:
1. For those portions of the International Fire Code
that have been adopted by the California Building Standards
Commission - the California Fire Code, and
2. For those portions of the International Fire Code
that have not been adopted by the California Building
Standards Commission - the International Fire Code, and
3. For those portions of the 2000 edition of the
Uniform Fire Code adopted herein.
2
(b) Wherever the word "jurisdiction" is used in the Fire Code, it
shall be held to mean the Tiburon Fire Protection District.
(c) Wherever the term "counsel" is used in the Fire Code, it shall
be held to mean the attorney for the Tiburon Fire Protection
District.
(d) Wherever the'"[ords "Fire Code Official" are used in the Fire
,Code, they ,shall be held to mean the "Fire Chief or the Fire
Marshal of the Tiburon Fire Protection District."
SECTION 4.
ESTABLISHMENT OF GEOGRAPHIC LIMITS OF
THE DISTRICT IN WHICH STORAGE OF CLASS
I AND CLASS II LIQUIDS IN OUTSIDE
ABOVEGROUND TANKS IS PROHIBITED
The geographic limits referred to in Section 3404.2.9.5.1 of the
Intemational Fire Code in which storage of Class I and Class II ,liquids in
outside aboveground tanks is prohibited a~e amended as follows: In all
residential areas and in all heavily populated or congested commercial areas as
established by the Tiburon Fire Protection District or the County of Marin,
whichever is applicable, and agricultural land of less than two (2) acres.
SECTION 5.
ESTABLISHMENT OF GEOGRAPHIC LIMITS OF
THE DISTRICT IN WHICH STORAGE OF CLASS
I AND CLASS II LIQUIDS IN ABOVEGROUND
TANKS IS PROHIBITED
The geographic limits referred to in Section 3406.2.4.4. of the
Intemational Fire Code in which storage of Class I and Class II liquids in
aboveground tanks is prohibited are amended as follows: In all residential
areas and in all heavily populated or congested commercial areas as
established by the Tiburon Fire Protection District or the County of Marin,
whichever is applicable, and agricultural land of less than two (2) acres.
SECTION 6.
ESTABLISHMENTS OF GEOGRAPHIC LIMITS
OF THE DISTRICT IN WHICH STORAGE OF
LIQUEFIED PETROLEUM GASES IS TO BE
RESTRICTED
The geographic limits referred to in Section 3804.2 of the California
Fire Code, in which storage of liquefied petroleum gas is restricted, are
amended as follows: In all residential areas and in all heavily populated or
congested commercial areas as established by the Tiburon Fire Protection
District or the County of Marin, whichever is applicable.
3
SECTION 7.
ESTABLISHMENTS OF GEOGRAPHIC LIMITS
OF THE DISTRICT IN WHICH STORAGE OF
EXPLOSIVES AND BLASTING AGENTS IS TO BE
PROHIBITED
The geographic limits referred to in Section 1407.1 and Section
3301.1 of the International Fire Code, in which storage of explosives and
blasting agents is prohibited, are amended as follows: In all residential areas
and in heavily populated or congested commercial areas as established by the
Tiburon Fire Protection District or the County of Marin, whichever is
applicable.
SECTION 8.
ESTABLISHMENT OF THE GEOGRAPHIC
LIMITS OF THE DISTRICT IN WHICH THE
STORAGE OF COMPRESSED NATURAL GAS IS
TO BE PROHIBITED
The geographic limits referred to in Section 3001.1 of the
International Fire Code, in which the storage of compressed natural gas is
prohibited, are hereby established as follows: in all residential areas and in
heavily populated or congested commercial areas, as established by the
Tiburon Fire Protection District or the County of Marin, whichever is
applicable.
SECTION 9.
ESTABLISHMENT OF THE GEOGRAPHIC
LIMITS OF THE DISTRICT IN WHICH THE
STORAGE OF STATIONARY TANKS OF
FLAMMABLE CRYOGENIC FLUIDS IS TO BE
PROHIBITED
The geographic limits referred to in Section 3204.3.1.1 of the
International Fire Code in which the storage of flammable cryogenic fluids in
stationary containers are prohibited, are hereby established as follows: in all
residential areas arid in heavily populated or congested commercial areas, as
established by the Tiburon Fire Protection District or the County of Marin,
whichever is applicable.
SECTION 10. ESTABLISHMENT OF THE GEOGRAPHIC
LIMITS OF THE DISTRICT IN WHICH THE
STORAGEOFHAZARDOUSMATE~ISTO
BE PROHIBITED OR LIMITED
The geographic limits referred to in Section 2701.1 of the
International Fire Code, in which the storage of hazardous materials is
4
prohibited or limited, are hereby established as follows: in all residential areas
and in heavily populated or congested commercial areas, as established by the
Tiburon Fire Protection District or the County of Marin, whichever is
applicable.
SECTION 11
AMENDMENTS MADE TO
CALIFORNIA FIRE CODE
INTERNATIONAL FIRE CODE
THE
AND
2007
2006
The 20'07 California Fire Code and the 2006 International Fire
Code is amended and changed in the following respects:
-Section 104.12 of Appendix Chapter 1 IS hereby added and shall read as
follows:
Section 104. 12. The expense of securing any emergency that is
within the responsibility for enforcement of the Fire Chief as given in
Section 104 is a charge against the person who caused the emergency.
Damages and expenses incurred by any public agency having
jurisdiction or any public agency assisting the agency having
jurisdiction shall constitute a debt of such person and shall be
collectible by the Fire Chief for proper distribution in the same manner
as in the case of an obligation under contract expressed or implied.
Expenses as stated above shall include, but not be limited to, equipment
and personnel committed and any payments required by the public
agency to outside business firms requested by the public agency to
secure the emergency, monitor remediation, and clean up.
Section 105.2 of Appendix Chapter 1 IS amended by adding the following
sentence thereto:
The person actually maintaining, storing, using or handling permitted
materials or conducting processes, producing hazardous conditions, or
installing equipment shall apply for the permit.
-Section 202-F of Chapter 2 is hereby amended by adding the definition of Fire
Road thereto.
FIRE ROAD. See section 502. 1.
5
-Section 202 [S] of Chapter 2 is hereby amended by adding the definition of
'second unit', 'spark arrestor' and 'substantial remodel' as follows:
Second Unit shall mean an attached or detached additional
dwelling unit which provides complete independent living facilities, and
which includes permanent provisions for living, sleeping, eating, cooking
and sanitation and is located on the same lot as the primary unit.
Spark Arrestor shall mean a chimney device constructed in a
skillful-like manner. The net free area of a spark arrestor shall not be
less than four times the net free area of the outlet of the chimney. The
spark arrestor screen shall have heat and corrosion resistance equivalent
to 12-gauge wire, 19-9auge galvanized wire or 24-gauge stainless steel.
Opening shall not permit the passage of spheres having a diameter larger
than 1/2 inch and shall not block the passage of spheres having a
diameter of less than 3/8 inch.
Substantial Remodel shall mean the renovation of any
structure, which combined with any additions to the structure, affects a
floor area which exceeds fifty percent of the existing floor area of the
structure within any three (3) year period. When any changes are made
in the building, such as walls, columns, beams or girders, floor or ceiling
joists and coverings, roof rafters, roof diaphragms, foundations, piles or
retaining walls or similar components, the floor area of all rooms affected
by such changes shall be included in computing floor areas for the
purpose of applying this definition. This definition does not apply to the
replacement and upgrading of residential roof coverings or exterior
siding.
-Section 202 [T] of Chapter 2 is hereby amended by adding the definition of
'Temporary' thereto.
Temporary sh'all mean any use for a period of less than 90 days.
Section 301.3 of Chapter 3 is added to read as follows:
301.3. Warming Devices -- Permitted Locations -- Permit required.
It is unlawful for any person to use cooking devices or camp lights
using flammable fluids, woods, or paper products, including
portable barbecues, hibachis, or other type of container used for
warming by means of fire, in any area other than established
campgrounds, developed residential areas or approved areas
6
without first securIng a permit from the Tiburon Fire Protection
District.
Section 304. 1.2 of Chapter 3 is amended to read as follows:
Section 304.1.2 Fire Hazard Reduction. Any person who owns, leases,
controls or maintains any building or structure within the jurisdiction of
the Tiburon Fire Protection District shall comply with the following: Cut
and remove all pyrophytic combustible vegetation within 100 feet of
structures, up to 150 feet on downhill slopes. Remove piles of
accumulated dead vegetation on the property. Cut and remove tree
limbs that overhang wood decks and roofs. Remove that portion of any
tree which extends within 10 feet of any chimney or stovepipe. Clean
any leaves and needles from roof and gutters. Cut and remove low
branches on trees, 6 feet from ground when trees exceed 18 feet in
height. Vegetation clearance requirements for new construction and
substantial remodels in urban-wildland interface areas shall be provided
and maintained in accordance with standards and rules established by
the fire code official.
Section 307.2 of Chapter 3 is amended to read as follows:
307.2. Open Burning. A permit shall be required for any type of
outdoor burning, including but not necessarily limited to the
burning of any brush, logs, fallen timber, fallows, slash or grass, or
any other combustible vegetation or material. The issuance of any
outdoor burning permit shall be in accordance with recognized fire
safety standards and the regulations of the Bay Area Air Quality
Management District and the Tiburon Fire Protection District.
Section 401.1 of Chapter 4 is here by amended to read as follows:
Section 401.1. General. In occupancies of a hazardous nature, where
access for fire apparatus is unduly difficult, or where special life and fire
safety hazards exist as determined by standards of the Fire Department,
that facility or business management shall be required to develop and
implement an Emergency Response Plan, provide for an on site
Emergency Response Team, Emergency Liaison Officer, staff training and
fire drills in accordance with Sections 405 and 406 and standards
developed by the Fire Department.
7
Section 403. 1 of Chapter 4 is hereby amended by adding thereto a sentence to
read as follows:
Section 403.1 Facility personnel shall also perform, as required,
emergency medical care to the sick and injured.
Section 408.8.4 is hereby added as follows:
Section 408.8.4. Emergency Preparedness for Hotels, Lodging and
Congregate Houses. Hotels, lodging and congregate houses shall provide
guests with immediate access to a telephone to report emergencies. The
exit diagram shall indicate the location of the nearest telephone and
instructions to dial 911.
Section 502.1 of Chapter 5 is hereby amended by adding a definition of Fire
Road to read as follows:
Fire Road shall mean those improved or unimproved roads, public or
private, that provide access for fire fighting equipment and personnel
to undeveloped areas.
Section 503.1.1 of Chapter 5 is amended by adding a sentence thereto to read
as follows:
In addition, if the building is more than 3 stories or 30 feet in height,
approved access roads for ladder truck operations shall be provided
within the necessary operational distances as specified by the chief.
Section 503.1.4 of Chapter 5 is hereby amended by adding a paragraph thereto
to read as follows:
Section 503.1.4 Fire Roads. Fire Roads shall be provided for fire fighting
equipment, apparatus and personnel to undeveloped areas of the
Tiburon Fire Protection District so as to gain access to improved,
unimproved, and undeveloped areas of the Tiburon Fire Protection
District, in a manner approved by the Chief. Any vehicle causing such an
obstruction may be towed away at the owner's expense.
Section 503.4 of Chapter 5 is hereby amended by adding a sentence thereto to
read as follows:
8
Any vehicle causing such an obstruction may be towed away at the
owner's expense.
Section 503.4 is renumbered to 503.4.1 and Section 503.4.2 is hereby added to
read as follows:
503.4.2 Prohibition on Vehicular Parking on Private Accessways.
If, in the judgment of the Chief, it is necessary to prohibit vehicular
parking along private accessways serving existing facilities, buildings, or
portions of buildings in order to keep them clear and unobstructed for
fire apparatus access, the Chief may issue an Order to the owner, lessee
or other person in charge of the premises to paint the curbs red or install
signs or other appropriate notices to the effect that parking is prohibited
by Order of the Fire Department. It shall thereafter be unlawful for such
owner, lessee or other person in charge of the premises to fail to install,
maintain in good condition, the form of notice so prescribed. When such
areas are marked or signed as provided herein, no person shall park a
vehicle adjacent to any such curb or in the private accessway contrary to
such markings or signs. Any vehicle so parked in the private accessway
may be towed away at the expense of the owner of the vehicle.
Section 503.2.6.1. of Chapter 5 is hereby added to read as follows:
Section 503.2.6.1 Bridges, Piers and Wharfs used for fire apparatus
access shall be load tested to the original designed capacity when
required by the Chief.
Section 503.6.1 is hereby added to read as follows:
503.6.1 All gates shall open fully to provide an unobstructed passage
width of not less than 16 feet or a minimum of two feet wider than the
approved net clear opening of the required all weather roadway or
driveway and a minimum net vertical clearance of 13 feet 6 inches.
Section 503.6.2 is hereby added to read as follows:
Section 503.6.2 Electronic gates. All electronic operated gates shall have
installed an approved key switch override system mounted on a
stanchion or wall as approved by the Chief in accordance with Standards
adopted by the Chief. All electronic or motorized gates shall
incorporate in their design that means. for fast, effective manual
operation of the gates in the event of power or mechanical failure (i.e.,
9
easily removable hinge pins for separating powerized linkage from gates;
undercut, weakened or frangible members requiring 40 pounds or less
pressure against the gates to cause their failure and the gates to open.
All electrical wiring and components of motorized gates shall be UL listed
and installed in accordance with the National Electric Code.
SECTION 605.11 Is hereby added to read as follows:
Section 605.11 Alternative Power Supplies. The use of an electrical
power supply, (including but not limited to; photovoltaic, wind,
geothermal or fuel fired generators) other than the community's
commercial source, currently Pacific Gas and Electric, shall comply with
section 605.11.1 through 605.11.3.
605.11.1. The electrical service disconnect for the alternative power
supply shall be located within eight feet from the P. G. & E. electrical
service disconnect on the same or an adjacent exterior wall. The
disconnect shall be accessible to emergency personnel from the exterior
without the use of ladders or other special equipment.
605.11.2. The following wording shall placed on a permanent sign
attached at the main electrical disconnect from P.G. & E. The sign shall
be red background with white letters or a white background with red
letters. Minimum size 2-1/2" X 6" with a minimum 22pt. font.
Minimum size example below.
WARNING:
This building supplied with an alternative
power source. Alternate disconnect is:
(describe lQcation - on the right, be low etc.)
of this main disconnect. Both must be used.
605.11.3. All wiring that may contain electrical potential when the
alternate service disconnect has been activated, (such as the wiring
between the solar arrays and the DC electrical disconnect on a
photovoltaic system) shall be completely contained in metal conduit.
Section 610 of Chapter 6 is hereby added to read as follows:
10
Section 610 - Roofing Materials.
Section 610.1 of Chapter 6 is hereby added to read as follows:
Section 610.1 All Roofing Materials shall be in accordance with section
610
Section 610.2 of Chapter 6 is hereby added to read as follows:
Section 610.2 - New Roofs. All newly installed roofs and additions to
existing roofs are to be of non-combustible or minimum "Class A" listed
roofing assemblies.
Section 610.3 of Chapter 6 is hereby added to read as follows:
Section 610.3 - Existing roofs. When alterations or repairs to existing
roofs exceed 500/0 of the total roof area in any twenty-four (24) month
period, the entire roof shall be replaced with non-combustible or
minimum "Class A" listed roofing assemblies.
Section 901.7 of Chapter 9 IS hereby amended by adding the following
sentence:
This section shall also apply to residential fire sprinkler systems.
Section 903.2 Of Chapter 9 is hereby amended to read as follows
Section 903.2 Where Required. All Occupancies and Facilities. An
automatic firesprinkler system shall be installed in all of the following:
1. Every newly constructed building and facility.
Exceptions:
a. Free standing Group U Occupancies not more than
1,000 square feet and provided with exterior wall and
opening protection as per Table 602 of the Building Code.
11
b. Agricultural buildings as defined in Appendix C of the
Building Code and not exceeding 2,000 square feet, having
clear unobstructed side yard of combustible materials,
exceeding 60 feet in all directions and not exceeding 25 feet
in height, and located within an Agricultural zoned
as defined in the Marin County Planning Code.
2. In newly created second units.
3. In all buildings which have more than fifty per cent (500/0)
floor area added or any "substantial remodel" as defined in this
code, within any 3-year period. Exceptions may be granted by the
Chief when altemate means of protection are installed as approved
by the Chief.
4. In all buildings except R-3 occupancies, in excess of 3,000
sq. ft. which have more than ten per cent (100A,) floor area added
within any 12 month period. Exceptions may be granted by the
Chief when altemate means of protection are installed as approved
by the Chief.
5. In all residential buildings required to be sprinkled above,
attached garages shall also be sprinkled, and in multi-family
residential occupancies the attics shall be sprinkled.
6. In all existing buildings, where fire sprinklers are required by
provisions of this code, they shall be extended into all unprotected
areas of the building in accordance with standards developed by
the chief.
7. All single family dwellings in excess of 6,000 sq.ft. shall have
automatic fire sprinkler systems designed in accordance with NFPA
Standard 13 or13R and Standards developed by the Chief.
8. The requirements for fire sprinklers in this code section are
not mean t to disallow the provisions for area increase, heigh t
increase, or Fire-Resistive substitution if otherwise allowed by
the Califomia Building Code.
9. All public storage facilities shall be provided with an automatic
fire sprinkler system.
10 . A change in the use of a structure that results in a higher fire
or life safety exposure when the square footage of the area
12
changing use is more than 500/0 of the square footage of the
building.
Section 903.4 of Chapter 9 is amended to read as follows:
Section 903.4 Where required. The alarm from any automatic fire
sprinkler system shall transmit fire and tamper signals to a Central
Station which has been approved by a nationally recognized testing
laboratory .
Section 906.11 of Chapter 9 is added to read as follows:
Section 906.11 Fire Extinguisher Documentation. The owner
and/ or operator of every group R Division 1 and R Division 2
occupancies shall annually provide the Chief written documentation
that fire extinguishers are installed and have been serviced as
required by Title 19 Califomia Code of Regulations when such
extinguishers are installed in residential units in lieu of common areas.
Section 907.2 is hereby amended by adding the following:
Section 907.2. Pursuant to changes of occupancy, it may be necessary
to install fire detection devices as determined by the Fire Code Official.
The fire detection system installation shall include the entire building
that contains the new or changed occupancy.
Section 907. 15 of Chapter 9 is amended to read as follows:
Section 907.15 Fire Alarm Monitoring. The alarm from any automatic
fire alarm system or automatic fire extinguishing system shall
transmit fire and tamper signals to a Central Station which has been
approved by a nationally recognized testing laboratory.
Section 907.20.6 of Chapter 9 is added to read as follows:
13
Section 907.20.6 Smoke Alarm Documentation. The owner and/or
operator of every Group R Division 1, Division 2, Division 3.1, and
Division 4 Occupancies shall annually provide the Fire Code Official with
written documentation that the smoke alarms installed pursuant to the
Building Code have been tested and are operational. If alarms are found
to be inoperable or are missing, such alarms shall be repaired or
replaced immediately.
Section 2706 Parking and Garaging is hereby added to Chapter 27.
Section 2706.1 of Chapter 27 is hereby added to read as follows:
Section 2706.1 General. The parking and garaging of vehicles used for
the transportation of hazardous materials shall comply with Section
3406.6.2 and 3406.6.3.
Section 3404.3 of Chapter 34 is amended hereby with the following
paragraph added as follows:
Section 3404.3. Aboveground outside/inside storage of flammable
and combustible liquids. Combustible liquids in aboveground
tanks inside or outside of buildings is prohibited within the
jurisdictional boundaries of the Tiburon Fire District unless
authorized by permit issued by the Office of Waste Management,
the Fire Chief or his authorized representative. In all cases,
requests for permits shall be subject to inspection and
determination that adequate fire safety measures exist. In no case
shall a permit be issued in any area of the jurisdiction which is
used primarily for residential or commercial type occupancies.
Section 3804.3 of C~apter 38 is hereby added as follows:
Section 3804.3. Containers shall be located at least thirty (30) feet away
from occupied residential or commercial occupancies. Combustible
vegetation shall be cleared at least thirty (30) feet from all sides of the
container (tank). If adequate clearance cannot be achieved, exemption to
this section and altemate mitigation measures may be granted by the
Fire Code Official.
14
SECTION 12
AUTHORITY
CITATIONS
TO
ARREST
AND
ISSUE
(a) The Fire Chief, Chief Officers, and Fire Marshal shall have
authority to arrest or to cite any person who violates any provision of this
Ordinance involving the Califomia Fire Code or the Califomia Building
Standards Code regulations relating to fire and panic safety as adopted by the
State Fire Marshal, in the manner provided for the arrest or release on citation
and notice to appear with respect to misdemeanors or infractions, as
prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the Califomia Penal
Code, including Section 853.6, or as the same hereafter may be amended.
(b) It is the intent of the Board of Directors of the Tiburon Fire
District that the immunities provided in Penal Code Section 836.5 be
applicable to aforementioned officers and employees exercising their arrest or
citation authority within the course and scope of their employment pursuant to
this Chapter.
SECTION 13
PENALTIES
(a) ,The violations of the Califomia Fire Code as adopted herein
are misdemeanors/infractions and are subject to the penalties set forth herein.
(b) The first citation, within a 12-month period, for violations of
the Califomia Fire Code and any amendments adopted herein shall be treated
as a Civil Penalty payable directly to the Tiburon Fire Protection District and is
set at $150 plus the actual costs of all inspections required to gain compliance
at the rate set from time to time by the Tiburon Fire Protection District. Said
civil penalties shall be a debt owed to the Tiburon Fire Protection District by
the person responsible for the violation within thirty (30) days after the date of
mailing of the citation unless an appeal is filed as provided in Section 11.
Upon failure to pay the civil penalty when due, the responsible person shall be
liable in a civil action brought by the Tiburon Fire Protection District for such
civil penalty and costs of the litigation, including reasonable attomey's fees.
(c) Any subsequent citations within a twelve (12) month period
for any violations of the Uniform Fire Code and any amendments adopted
herein shall be misdemeanors/infractions, and shall be subject to the penalties
set forth herein.
(d) The imposition of one penalty for any violation shall not
excuse the violation or permit it to continue and all such persons shall be
required to correct or remedy such violations or defects within a reasonable
time and, when not otherwise specified each day that a violation occurs or
continues, after a final notice has been delivered shall constitute a separate
15
offense. The application of both penalties shall not be held to prevent the
enforced correction of prohibited conditions.
(e) Nothing contained in Subsections (a) through (f) of this
Section shall be construed or interpreted to prevent the Tiburon Fire Protection
District from recovering all costs associated with a Fire District response as
described in Section 104.12 of Appendix Chapter 1.
(f) Any violation of any provision of this Chapter shall constitute
a public nuisance and shall entitle the Tiburon Fire Protection District to
collect the costs of abatement and related administrative costs by a nuisance
abatement lien as more particularly set forth in Govemment Code Section
38773.1, and by special assessment to be collected by the County Tax Collector
as more particularly set forth in Govemment Code Section 38773.5. At least
thirty (30) days prior to recordation of the lien, or submission of the report to
the Tax Collector for collection of this special assessment, the record owner
shall receive notice from the Chief of the Tiburon Fire Protection District's
intent to charge the property owner for all administrative costs associated with
enforcement of this Ordinance and abatement of the nuisance. The notice
shall include a summary of costs associated with enforcement of this
Ordinance and abatement of the nuisance. The property owner may appeal the
Chiefs decision to the Tiburon Fire Protection District Board of Directors
within fifteen (15) days of the date of the notice and request a public hearing
prior to recordation of the lien or submission of the report to the County Tax
Collector for collection of the special assessment. In addition to the foregoing,
the Tiburon Fire Protection District is authorized to prosecute a civil action to
collect such abatement costs from the property owner or other person in
possession or control of the affected property, and shall be entitled to recover
such abatement costs, together with the cost of litigation, including reasonable
attomey's fees. The provisions of this section shall also apply to corrective
actions for the clearance of brush or vegetative growth from structures as
required by the ordinances and standards of the Tiburon Fire Protection
District
SECTION 14. APPEALS
(a) Any person receiving a citation for a civil penalty pursuant to
Subsection (b) of Section 12 or a bill for Tiburon Fire Protection District
response costs and expenses pursuant to Section 104.12 of Appendix Chapter
1, may file within thirty (30) days after the date of mailing the citation or bill,
an administrative appeal against imposition of the civil penalty or response
costs and expense. The appeal shall be in writing and filed with the Fire Chief,
and shall include a copy of the bill and statement of the grounds for appeal.
The Fire Chief shall conduct an administrative hearing on the appeal, after
giving the appellant at least ten (10) days' advance written notice of the time
16
and place of the hearing. Within ten (10) days after the hearing the Chief shall
give written notice of the decision to the appellant, which decision shall be
final. If the appeal is denied in part or full, all amounts due shall be paid
within thirty (30) days after the mailing of the notice of the decision of the
hearing officer.
(b) Whenever the Chief shall disapprove an application or refuse
to grant a permit applied for, or when it is claimed that the provisions of the
Code do not apply or that the true intent and meaning of the Code have been
misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Chief to the Board of Directors of the Tiburon Fire Protection
District within 10 days from the date of the decision.
SECTION 15. FINDINGS
To the extent that any of the provisions of this Ordinance constitute
changes or modifications in the requirements contained in Health and Safety
Code Section 17922, the Board of Directors of the Tiburon Fire Protection
District does hereby find that such changes and modifications are reasonably
necessary because of local conditions prevailing within the Tiburon Fire
Protection District. A description of said local conditions is hereinafter set
forth.
The peninsular nature of that land mass generally known as "Tiburon"
along with its inherent geographical features, presents unique problems to the
Tiburon Fire Protection District whose primary concem is the saving of lives
and conservation of property within the community.
The Tiburon peninsula extends in a generally southeastem direction
from the northem shore of the San Francisco Bay. It is approximately one to
one and one-half miles in width and approximately four miles long, surrounded
by salt water on three sides. '
The Tiburon Fire Protection District encompasses an area of roughly four
square miles with resident population of approximately 12,000. Due to the
significant visitor population to the Town of Tiburon and to local state and
county parks, the actual population can be considerably higher depending on
the time of year.
The placement of the residential and commercial development within the
District has generally adapted itself to areas of least resistance within the
confines of steep ridges, downslopes and wooded hillsides. The other unique
environmental characteristic of the District is the shoreline of San Francisco
Bay which creates the boundary of attraction to the visitor population.
17
With the given profile of the Tiburon Fire Protection district, the District
Board of Directors has established certain requirements which were developed
to reduce the level of exposure to the citizens and guests of the District, as well
as the property (investments) within the jurisdiction. The following points were
established as factors which cause concern regarding fire protection in the
District and are herein established and submitted as the "Findings of Fact."
CLIMATIC: The weather patterns within the Tiburon Fire Protection
district are considered to be moderately affected by the Pacific Ocean and the
San Francisco Bay which extend the year round growing season of vegetation.
The normal year's rainfall is approximately 28 inches, while the summer
condition, with its prevalent Pacific High Cell creates the morning and late
afternoon fog normally associated with San Francisco Bay.
While normal temperatures usually do not exceed 75-80 degrees during
the summer months, little or no rain falls during the period between April and
November. This combination often creates hazardous fuel conditions in the
district. Drying winds in the summer and fall months reduce fuel moisture
and relative humidity to the minimum levels, thereby creating ideal fire
weather conditions. The normal afternoon winds which precede the fog can
move a fire quickly in the hillside and, open space areas of the District.
Because of climatic conditions, the County of Marin has experienced
water rationing in past years. Water shortages can be expected in future years
due to limited storage capacities in Marin, increased domestic consumption
and weather patterns which reduce the already minimal annual rainfall. While
sound management of the water resources is possible, actual demands on an
already stressed water supply can most assuredly be predicted.
GEOGRAPHIC: The Tiburon peninsula is geographically mixed with
three classification of rock: igneous, metamorphic and sedimentary. The
outstanding material is volcanic in origin with a ridge of serpentine reaching in
excess of 700 feet in elevation.
Much of the District is characterized by precipitous hilly areas where
escape opportunities from residential structures are limited to one side of the
home only. The steepness and uneven nature of the land often hinders, and
sometimes prevents, the erecting of rescue ladders at the side of a home on a
hillside parcel.
Seismic activity within the District occurs yearly with little or no damage,
although a real potential does exist with the peninsula situated between two
active faults: San Andreas and Hayward faults.
18
Landslides have also been experienced on the Tiburon peninsula in
recent years. While stabilization of hillsides can sometimes be achieved, heavy
rainfalls have caused failures. These slides have closed roadways, making
accessibility to many locations in the District impossible until properly cleared.
TOPOGRAPHIC: The District is accessible from the outside by only two
primary thoroughfares and only one of those permits speed in excess of 25
miles per hour by virtue of the narrow and twisting configuration of Paradise
Drive. This feature limits mutual aid companies responding from neighboring
communities for a large scale emergency to approach by only one realistic
route, and from only one side of the District, as opposed to a non-peninsular
area which would be approachable from ~any directions and roadways.
Vehicular access within the District is affected by steep, hilly terrain and
many secondary ridge lines. Many streets are narrow and winding, restricting
the speed at which fire apparatus may safely respond and also increasing the
time lapse between fire detection and apparatus arrival, during which a family
will face the fire or other emergency on their own. Of the approximately 189
streets in the District, 143 are dead-end streets, restricting the ease of
relocating fire and rescue equipment from one location to another, even though
actual separating distance between the two places may be minimal. In
addition to restricting access routes for fire apparatus, the dead-end streets
also limit egress opportunities for residents.
The commercial areas of the District were largely built long before
present code requirements existed. Consequently, the vast majority of these
structures do not meet even minimal standards for fire protection and life
safety. The wood frame construction of older buildings, especially those in the
commercial area, creates an adverse exposure problem, not only in being easily
ignited by an adjacent structure fire, but also in contributing to the extension
of fire to other buildings through radiation, actual physical heat conduction
and flying embers. Fire history in the District has shown flying embers will
start secondary fires after being blown in the air.
The natural rocky shoreline of San Francisco Bay creates a situation
(particularly along Main Street and Paradise Drive) by which access to
buildings can only be made via one street. The front of the buildings are
essentially the only accessibility point for responding. Buildings constructed
along the waterfront and some actually on piers over the Bay, create a situation
where the presence of bay waters limits escape opportunities from both
residential and commercial occupancies alike. Many of the nonconforming
existing structures on main Street are built property line to property line with
no provisions for required fire separations between the buildings.
Approximately 3,200 dwelling units and commercial buildings have been
19
erected within the District over the past century with more construction
occurring each year.
The location of the District at one of the "ends" of the Marin Municipal
Water District's gravity system, the lack of cross connected, gridded water
mains (due to Tiburon's existing street configurations) and generalized water
shortage in Marin County results in occasional inadequate water volume and
pressure for fire fighting purposes in certain areas of the peninsula.
VEGETATION: Tiburon's semiarid Mediterranean-type climate produces
vegetation similar to that of most of Marin County, with specific growth locale a
result of topography and prevailing wind. The western ridge exposure is
primarily rye grasses with occasional clumps of bay and oak trees in the more
sheltered pockets. The eastern slopes are heavily wooded from shore to ridge
with oak and bay trees and minor shrubs of the general chaparral class.
Expansion of the residential community into areas of heavier vegetation
has resulted in homes now existing in close proximity to dense natural foliage.
Often such dwellings are completely surrounded by highly combustible
vegetation compounding the fire problem from a conflagration point of view.
Approximately half of all the structures in the District have costly shingle
or shake roofs. This very flammable material is highly susceptible to ignition
by embers from a wildland fire, furthering the spread of fire to adjacent
buildings.
As a result of the "Findings of Fact" which have identified the various
Climatic, Geographical and Topographical elements, the requirements
established by the Tiburon Fire Protection District within the adopted
Ordinance Number 122 are considered "REASONABLE AND NECESSARY
MODIFICATIONS" to the requirements established pursuant to Health and
Safety Code Section 1 7922 based on local conditions.
While it is clearly understood that the adoption of such regulations may
not prevent the incidence of fire, it is further noted that with the
implementation of these various regulations and/ or requirements, the severity
and potential for loss of life and loss of property within the District may be
reduced.
SECTION 16
FORMER ORDINANCES
Former Ordinance 121 and those parts of all former ordinances
conflicting or inconsistent with the provisions of this Ordinance or the Code
hereby adopted are hereby repealed as of the date this Ordinance takes effect.
20
SECTION 1 7
VALIDITY
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance. The Board of Directors of
the Tiburon Fire Protection District hereby declares that it would have adopted
the ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections, subsections, sentences,
clauses or phrases shall be declared invalid.
SECTION 18
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The Board of Directors of the Tiburon Fire Protection District finds
that adoption of this ordinance is exempt from the California Environmental
Quality Act ("CEQA") under California Code of Regulations, Title 14, S
15061(b)(3).
SECTION 19
ORDINANCE PUBLICATION AND EFFECTIVE
DATE
A summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in the office of the
Tiburon Fire Protection District at least five (5) days prior to the Board Meeting
at which it is adopted.
This Ordinance shall be in full force and effective thirty (30) days
after its final passage, and the summary of this Ordinance shall be published
within fifteen ( 15) days after the adoption, together with the names of the
Tiburon Fire Protection District Board of Directors voting for or against same,
in the Ark, a newspaper of general circulation published in the Town of
Tiburon, County of Marin, State of California.
Within fifteen (15) days after adoption, the Tiburon Fire Protection
District Clerk shall also post in the office of the Tiburon Fire Protection
District, a certified copy of the full text of this Ordinance along with the names
of those Tiburon Fire Protection District Board Members voting for and against
the Ordinance.
David Kirchhoff, President
21
Attest:
Barbara Clifford, Tiburon Fire Protection District Clerk
The foregoing Ordinance No. 122 was read and introduced at a
Regular meeting of the Board of Directors of the Tiburon Fire Protection
District held on the 12th day of September 2007, and ordered passed to print
by the following vote, to wit:
AYES: Board Members:
NOES: Board Members:
ABSENT: Board Members:
and will come up for adoption as an Ordinance of the Tiburon Fire Protection
District at a Regular meeting of the Board of Directors to be held on the 10th
day of October, 2007.
Barbara Clifford, Tiburon Fire Protection District Clerk
22
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF TITLE IV,
CHAPTER 13 OF THE TIBURON MUNICIPAL CODE
(BUILDING REGULATIONS)
The Town Council of the Town of Tiburon does ordain as follows:
Section h
Findines.
A. The Town Council has held public hearings on ,2008 and
2008, and has heard and considered any and all public testimony on this matter.
B. The Town Council finds that all notices and procedures required by law attendant to
the adoption of this Ordinance have been followed.
C. The Town Council finds that the amendments made by this Ordinance are necessary
for the protection of the public health, safety, and welfare.
D. The Town Council has found that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan.
Section 2.
Amendment.
Tiburon Municipal Code Title IV, Chapter 13 (Building Regulations) is hereby
amended as follows:
A. Section 13-1 is amended to read as follows:
13-1 Building inspection division and building official position established.
(a) There is established a building inspection division of the town pursuant to
section 108 of the California Building Code as adopted in Article II of this chapter.
(b) The position of building official is hereby established and the building official
shall act as the administrative head of the building division of the town.
B. Section 13-2 is amended to read as follows:
13-2 Permits required.
(a) Building permits. No person shall erect, construct, enlarge, alter, repair,
move, improve, remove, correct or demolish any building or structure in the town,
or cause the same to be done, without first obtaining a separate building permit for
EXBIBIT2
--
Town of Tiburon
Ordinance No.
N.S.
Effective --/--/2008
Page 1
each such building or structure, as required by the Technical Codes adopted in
Article II of this chapter, from the building inspection division. Only one permit is
required to construct a dwelling and structures accessory thereto, which are to be
built in conjunction with each other and at the same time, provided that'the
application documents submitted include construction details of all such structures
and the permit valuation is based on the valuation of all such structures.
(b) Plumbing permits. No person shall do or cause or permit to be done any
plumbing or sanitary drainage work without first obtaining a permit for such work,
as required by the Technical Codes adopted in Article II of this chapter, from the
building inspection division.
(c) Heating and comfort cooling permits. No person shall install, alter, construct
or repair any heating, ventilating, comfort cooling or refrigeration equipment
without first obtaining a permit for such work, as required by the Technical Codes
adopted in Article II of this chapter, from the building inspection division.
(d) Electrical permits. No person shall do any wiring or install any fixed
electrical equipment without first obtaining a permit for such work, as required by
the Technical Codes adopted in Article II of this chapter, from the building
inspection division.
(e) Excavation and grading permits. Except as exempted in Appendix J, Section
103.2 of the California Building Code adopted in Article II of this chapter, no
person shall do any excavating or grading without first obtaining a grading permit
from the building inspection division.
(f) Swimming pools and similar. No person shall install, alter or repair any
swimming pool, hot tub or spa without first obtaining a permit for such work, as
required by the Technical Codes adopted in Article II of this chapter, from the
building inspection division.
(g) The building official may impose supplemental permit conditions that are in
his reasonable discretion necessary to promote the public health, safety or welfare.
c. Section 13-3 is amended to read as follows:
13-3. Fees.
(a) Before any permit required by this chapter is issued, the applicant shall pay
to the building inspection division the prescribed fee as established by the current
Building Div~sion Fee Schedule adopted by resolution of the town council. If any
work that requires a permit is commenced without a permit having first been
obtained, the fee for the required permit shall be as set forth in the current Building
Division Fee Schedule adopted by resolution of the town council and the penalty
shall be as set forth in the current Schedule of Fines adopted by resolution of the
town council.
(b) Where it is found that work is being done under this chapter without a permit
and that such work would, under the terms of this chapter, require a permit, there
shall be charged an investigation fee in the amount established in the current
Building Division Fee Schedule adopted by resolution of the town council. The
investigation fee shall be in addition to all other fees and fines/penalties set forth in
Town ofTiburon
Ordinance No.
N.S.
Effective --/--/2008
Page 2
subsection (a). The fees and penalties shall be paid before any application for
permit shall be considered.
(c) Where more than one reinspection of any item requiring inspection has to be
made because work has not been ready or defects have not been corrected, a fee, as
established in the current Building Division Fee Schedule adopted by resolution of
the town c Council, will be charged for each additional reinspection, and shall be
paid before final approval of the work.
(d) No permit for new work on a property shall be issued until all outstanding
fines, fees, and/or penalties have been paid and all inspections completed on work
performed under previously-issued permits that have not been finaled and have
expired by limitation.
D. Section 13-4 is amended as follows:
13-4 Adoption by reference of technical codes.
F or the purpose of establishing proper regulations for building construction, for the
installation of plumbing, gas appliances and electrical systems, and for the storage
and handling of flammable liquids, the codes or portions thereof set forth in this
article are adopted and are made a part of this chapter by reference without further
publication or posting thereof, and not less than one certified copy, along with the
deletions and exceptions therefrom and additions and amendments thereto, shall be
kept on file for use and examination by the public in the office of the town clerk.
E. Section 13-4.1 is amended to read as follows:
13-4.1 Building Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and welfare of
the general public, that certain code known as the 2007 California Building Code,
(based on the International Building Code, 2006 Edition), Volume 1 and Volume 2,
including the following appendices: Appendix Chapter 1, and Appendices F, H, I
and J as published by the California Building Standards Commission in the
California Code of Regulations, Title 24, Part 2, hereinafter referred to as the
"California Building Code", save and except such portions as are hereinafter
amended or ~odified by Section 13-4.1.1 of this chapter.
F. Section 13-4.1.1 is added to read as follows:
13 -4 .1.1
Amendments made to the 2007 California Building Code.
The California Building Code is amended or modified to read as follows:
a. Section 108.5.1 is amended to read as follows:
108.5.1 General. Subject to the provisions of law, including Code of Civil
Town ofTiburon
Ordinance No.
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Effective --/--/2008
Page 3
Procedure Section 1822.50 et. seq., officers and agents of the building official
may enter and inspect public and private properties to secure compliance with
the provisions of this code and the rules and regulations promulgated by the
department of housing and community development. For limitations and
additional information regarding enforcement, see the following:
(The remainder of this section is unchanged)
b. Section 108.8.1 is amended by adding a sentence to the end that reads as follows:
Nothing contained in this section shall prevent the town council from appointing
the town council as the local appeals board or housing appeals board.
c. Section 202 is amended to add the following definition:
Residential Kitchen. An area in which the preparation of food for eating occurs
(that has provisions for cooking or heating of food, or washing and storing of
dishware and utensils, or refrigeration or storing of food).
d. Section 501.2 is amended to read as follows:
501.2 Address Numbers.
1. The following standards for address markings shall apply to
residential buildings:
a. All residential structures shall display a street number in a
prominent position so that it shall be easily visible from the
street. The numerals in these numbers shall be no less than
four inches in height, and one-half inch in width, of a color
contrasting to the background and located so they may be
clearly seen and read. If a building is not easily visible from
the street, then the numbers are to be mounted at the access
drive leading to the building.
b. At each vehicular access to a multiple family dwelling
complex having four or more buildings, there shall be an
illuminated diagrammatic representation (plot plan) of the
complex, which shows the location of the viewer and the
building units within the complex.
c. In multiple family dwelling complexes, any building having a
separate identifying factor other than the street number shall
be clearly identified in the manner described in subsection a.
Each individual unit of residence shall have a unit identifying
number, letter, or combination thereof displayed upon the
door.
d. Maps of the multiple family complex will be furnished to the
Town of Tiburon
Ordinance No.
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Page 4
police and fire departments upon completion of construction.
The maps shall include building identification and unit
identification.
e. Buildings shall be numbered in such a manner and sequence
as to meet with the approval of the enforcing authority.
f. This section shall not prevent supplementary numbering such
as reflective numbers on street curbs or decorative
numbering, but this shall be considered supplemental only
and shall not satisfy the requirements of this section.
2. The following standards for address markings shall apply to
commercial buildings:
a. The address number of every commercial building shall be
located and displayed so that it shall be easily visible from the
street.
b. The numerals in these numbers shall be no less than six
inches in height, one-half inch in width, and of a color
contrasting to the background. In addition, any business
which affords vehicular access to the rear through any
driveway, alleyway, or parking lot shall also display the same
numbers on the rear of the building.
c. When required by the building official, approved numbers or
addresses shall be placed on all new and existing buildings in
such a position as to be plainly visible and legible from the
fire apparatus road at the back of a property or where rear
parking lots or alleys provide an acceptable vehicular access.
Number height and width shall comply with Section 501.2.
e. Section 903.2, first sentence, is amended to read as follows:
903.2 Where required.
Approved automatic sprinkler systems in new buildings and structures shall
be provided in the locations described in this section, provided that where
applic,able code provisions adopted by either the Tiburon Fire Protection
District or Southern Marin Fire Protection District are more restrictive, the
latter shall control.
f. Section 1013.1 is amended by adding the following sentence:
Guards are also required at waterfront bulkheads, fixed piers and
gangways.
g. Section 1505 is amended to read as follows:
Town of Tiburon
Ordinance No.
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Effective --/--/2008
Page 5
The roof covering on any structure regulated by this code shall be as
specified in California Building Code Chapter 15 with the following
conditions:
1. All new buildings and new additions shall have at least a Class A-
listed or noncombustible roof covering.
2. Where alterations or repairs to existing roofs involve more than fifty
percent of the total area of an existing building within a one year
time period, the entire roof shall be retrofitted with at least a Class A-
listed or noncombustible roof.
3. Where applicable code provisions adopted by either the Tiburon Fire
Protection District or Southern Marin Fire Protection District are
more restrictive, the latter shall control.
h. Appendix Chapter 1 is modified as follows:
(1) Section 101.2 is amended by deleting the Exception, and adding the following
sentence to read as follows:
This appendix chapter shall apply to all occupancies regulated by this code, and
shall be in addition to those requirements specific to state regulated occupancies
contained in Chapter 1 of this Code.
(2) Section 103 is deleted.
(3) Section 104.6 is amended to add the following phrase to the end of the last
sentence:
", including the warrant provisions of Section 1822.50 et. seq. of the Code of
Civil Procedure of the State of California."
(4) Section 1 05.2 is amended to delete subsections 2, 4, 5 and 6, and to revise
subsections 1 and 7 to read as follows:
1. One story detached accessory structures used as tool and storage sheds,
playhouses, and similar uses, providing the floor area does not exceed 120
square feet and the structure contains no plumbing, electrical or heating
appliances.
7. Painting, papering, tiling, carpeting, counter tops and similar finish work,
except that repaving and/or restriping of parking lots shall require a permit.
(5) Section 105.5 is amended to read as follows:
Town of Tiburon
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Town of Tiburon
Section 105.5 Expiration.
I. All permits issued by the Building Official prior to April 15, 1994,
and which have not expired by limitation shall remain subject to the
provisions of Section 303(d) of the Uniform Building Code (1991
edition) as drafted by the International Conference of Building
Officials. For purposes of such permits, failure to exercise due
diligence and make substantial progress on the work authorized shall
be deemed suspension or abandonment of the permit.
2. All permits issued by the Building Official on or after April 15, 1994,
but prior to February 15,2002, shall expire by limitation and become
null and void eighteen months from the date the permit is issued.
The Building Official shall have the discretionary authority to extend
the permit in the following circumstances:
a. Where the project is unusually large or complex additional
time may be granted at the time of application, or
b. Where the permittee has proceeded with due diligence and
made substantial progress but is unable to complete the
project because of unforeseen circumstances beyond the
control of the permittee, one extension of up to six months
may be granted. In determining whether due diligence has
been exercised, the Building Official shall consider how soon
work began after issuance of the permit, whether work was
conducted on a regular basis and any other relevant facts.
Decisions of the Building Official made pursuant to this
section may be appealed to the local appeals board.
c. Once a permit has expired pursuant to this section, the work
shall not recommence until a new permit is issued. The new
permit shall be issued only if there have been no changes in
the original plans and specifications and a new fee equal to
the full original fee is paid.
3. All permits issued by the Building Official on or after February 15,
2002, shall expire by limitation and become null and void eighteen
months from the date the permit is issued, except as follows:
a. Where the project is unusually large or complex, a twenty-
four month permit may be issued in the reasonable discretion
of the Building Official at the time of initial application; or
b. Where the permittee has proceeded with due diligence and
made substantial progress but is unable to complete the
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Town of Tiburon
project because of unforeseen circumstances beyond the
control of the permittee, one extension of up to six months
may be granted, without payment of additional fees or
penalties. In determining whether due diligence has been
exercised, the Building Official shall consider whether work
began promptly after permit issuance, whether work was
conducted on a regular basis and any other relevant facts.
Decisions of the Building Official made pursuant to this
paragraph may be appealed to the local appeals board.
4. Once the initial permit and/or approved six month extension has
expired, a Stop Work Order shall be issued and work shall not
recommence until the permit is reactivated. Reactivation shall be
allowed only if there have been no changes in the original plans and
specifications and a Reactivation Charge equal to the full original fee
is paid. A Reactivation Charge, for purposes of this section, is both a
fee to recover the cost of providing additional building inspection
division services and a penalty for failure to complete the project
within the allotted time. A permit reactivated under this subsection
shall be valid for six months from the date of initial expiration.
5. If the project is not completed within the six month extension
allowed under subsection (4) above, a Stop Work Order shall be
issued on the date of expiration and work shall not recommence until
the permit is reactivated. Reactivation of the permit for a second six
month period shall be allowed only if there have been no changes in
the original plans and specifications and a Reactivation Charge equal
to three times the full original fee is paid. The Building Official may,
in his sole discretion, reduce the penalty based on such reasons as the
project's nearness to completion and/or the cause of the delay. A
permit reactivated under this subsection shall be valid for an
additional six months from the date of initial expiration.
6. If the project is not completed within the six month extension
allowed under subsection (5) above, a Stop Work Order shall be
issued and the matter referred to the local appeals board for
resolution. The local appeals board may reactivate the permit upon
submission and acceptance of a completion schedule for the project
and payment of five times the full original fee as a Reactivation
Charge, and provided that there have been no changes in the original
plans and specifications. The local appeals board may, in its sole
di.scretion, reduce the penalty based on such reasons as the project's
nearness to completion and/or the cause of the delay.
7. If the project is not completed within the six month extension
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allowed under subsection (6) above, or pursuant to this subsection
(7), a Stop Work Order shall be issued and the matter referred to the
local appeals board for resolution. The local appeals board may
impose additional requirements, such as the retention of a qualified
contractor for owner/builder projects or retention of a qualified
construction manager for a contracted project, in order to promote
swift completion. The local appeals board may reactivate the permit
upon imposition of any such conditions deemed reasonable, and
payment of five times the full original fee as a Reactivation Charge,
provided that there have been no changes in the original plans and
specifications
1. Section 108.2 is amended to read as follows:
108.2 Schedule of Fees.
On buildings, structures, electrical, gas, mechanical and plumbing systems
or alterations requiring a permit, a fee for each permit shall be required as set
forth in the Building Division Fee Schedule as adopted by resolution of the
Tiburon Town Council and amended from time to time.
J. Section 108.4 is amended to read as follows:
108.4 Work commencing before permit issuance.
Any person who commences any work without a permit on a building, structure,
electrical, gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to a penalty as set forth in the Town's Schedule of
Fines, established by resolution of the Tiburon Town Council and amended from
time to time.
k. Section 112.3 is amended by adding thereto the following sentence:
Nothing contained in this section shall prevent the town council from appointing
the town council as the board of appeals.
1. Appendi?, J "GRADING" is amended as follows:
JI03.3 Grading Permit Fees. Fees shall be as set forth in the Building
Division Fee Schedule established by resolution of the Tiburon Town
Council as amended from time to time.
JII0.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or
corporation who has a valid building, demolition or grading permit shall
permit any mud, loose dirt or debris to be removed from the job site and
deposited on any public street or sidewalk.
Town of Tiburon
Ordinance No.
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Effective --1--12008
Page 9
G. Section 13-4.2 is amended to read as follows:
13-4.2 Plumbing Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and welfare of
the general public, that certain code known as the 2007 California Plumbing Code,
(based on the Uniform Plumbing Code, 2006 Edition), Volume 1 and Volume 2,
including Appendix Chapter 1 and Appendices A, B, D, and L published by the
International Association of Plumbing and Mechanical Officials, and as amended by
the California Building Standards Commission in the California Code of
Regulations, Title 24, Part 5, hereinafter referred to as the "California Plumbing
Code", save and except such portions as are hereinafter amended or modified by
Section 13-4.2.1 of this chapter.
H. Section 13-4.2.1 is added to read as follows:
Section 13-4-2.1
Amendments made to the 2007 California Plumbing
Code.
The 2007 California Plumbing Code is amended or modified as follows:
a. Section 108.5.1 is amended to modify the first sentence to read as
follows:
Section 108.5.1 General. Subject to the provisions of law,
including Section 1822.50 et. seq. of the Code of Civil Procedure
of the State of California, officers and agents of the building
official may enter and inspect public and private properties to
secure compliance with the provisions of this code.
(The remainder of this section is unchanged)
b. Section 108.8.1 is amended by adding the following sentence:
Nothing contained in this section shall prevent the town council
from appointing the town council as the local appeals board or
housing appeals board.
c. Section 203.0 is amended to read as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is
amended to read as follows:
AUTHORITY HAVING JURISDICTION -- The Authority Having
Jurisdiction shall mean the building official or his duly
authorized representative.
Town ofTiburon
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Town of Tiburon
d. Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY" is amended to read as
follows:
ENFORCING AGENCY -- The enforcing agency shall be the
Building Division of the Community Development Department of
the Town of Tiburon.
e. Appendix Chapter 1 is amended as follows:
(1) Section 101.1 is amended to read as follows:
These regulations shall be known as the California Plumbing
Code, may be cited as such, and will be referred to herein as "this
code".
(2) Section 101.2 is amended by adding the following sentence:
This appendix chapter shall apply to all occupancies regulated by
this code, and will be in addition to those requirements specific to
state regulated occupancies contained in chapter one of this code.
(3) Section 103.2.1 is amended to read as follows:
103.2.1 Application. To obtain a permit, the applicant shall
apply to the Authority Having Jurisdiction for that purpose.
Every such application shall:
(The remainder of this section is unchanged)
(4) Section 103.4.1 is amended to read as follows:
103.4.1 Permit Fees. Any person desiring a permit required
by this code shall, at the time of issuance therefore, pay a fee,
which fee shall be as set forth in the Building Division Fee
Schedule adopted by resolution of the Tiburon Town Council
and amended from time to time.
(5) Section 103.4.2 is deleted.
(6) Section 103.5.6 is amended to replace the fourth paragraph
with the following:
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To obtain reinspection, the applicant shall first pay the
reinspection fee in accordance with the Building Division Fee
Schedule adopted by resolution of the Tiburon Town Council
and amended from time to time.
(7) Table 1-1 is deleted.
(8) Section 701.1.2 is amended to read as follows:
ABS and PVC DWV piping installations shall be limited to
residential construction not more than two stories in height.
I. Section 13-4.3 is amended to read as follows:
13-4.3 Electrical Code and Uniform Administrative Code for the Electrical Code.
(a) The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and welfare of
the general public, that certain code known as the "2007 California Electrical
Code", (based on the National Electrical Code, 2005 Edition), as published by the
National Fire Protection Association, and as amended by the California Building
Standards Commission in the California Code of Regulations, Title 24, Part 3,
hereinafter referred to as the "California Electrical Code", save and except such
portions as are hereinafter changed or modified by subsection (b).
(b) In order to facilitate the enforcement of the California Electrical Code, the town
council hereby adopts that certain code known as the Uniform Administrative Code
Provisions for the National Electrical Code, 1996 Edition, as published by the
International Conference of Building Officials, save and except such portions as are
hereinafter deleted, added thereto, amended or modified by Section 13-4.3 .1.
J Section 13-4.3.1 is added to read as follows:
The Uniform Administrative Code Provisions for the National Electrical Code, 1996
Edition, is amended or modified as follows:
a. Section 1 0 I-Title
These regulations shall be known as the "Administrative Code
Provisions for the California Electrical Code"
b. Section 101.1 is added to read as follows
101.1 General. The Administrative Code Provisions for the
California Electrical Code shall apply to all occupancies
regulated by this code, and will be in addition to those
Town of Tiburon
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Town ofTiburon
requirements specific to state regulated occupancies contained in
Article 89 of this Code.
c. Section 103 is amended as follows:
The definition of "Building Code" is amended as follows:
BUILDING CODE is the California Building Code.
d. The definition of "Electrical Code" is amended as follows:
ELECTRICAL CODE is the California Electrical Code.
e. The definition of "Code Enforcement Agency" is amended as
follows:
CODE ENFORCEMENT AGENCY is the Building Division of the
Community Development Department of the Town of Tiburon.
f. Section 201.3 is amended to modify the last sentence to add the
following phase:
", including the warrant provisions of Section 1822.50 et. seq. of
the Code of Civil Procedure of the State of California."
g. Section 203.1 is amended by adding thereto the following:
"Nothing contained in this section shall prevent the town council
from appointing the town council as the board of appeals."
h. Section 302.1 is amended to read as follows:
302.1 Application. To obtain a permit, the applicant shall apply to
the code enforcement agency for that purpose. Every such
application shall:
(The remainder of this section is unchanged)
1. Section 304.1 is amended to read as follows:
Section 304.1. Permit Fees. Any person desiring a permit required by
this code shall, at the time of issuance therefore, pay a fee as set forth
in the Building Division Fee Schedule adopted by resolution of the
town council and amended from time to time.
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J. Section 304.2 is deleted.
k. Section 305.4 is amended to replace the fourth paragraph with the
following:
To obtain reinspection, the applicant shall first pay the reinspection
fee in accordance with the Building Division Fee Schedule adopted
by resolution of the town council and amended from time to time.
1. Table 3-A "Electrical Permit Fees" is deleted.
K. Section 13-4.4 is amended to read as follows:
13-4.4 Fire Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and
welfare of the general public, that certain code known as the 2007 California
Fire Code, as adopted and modified by the current Tiburon Fire Protection
District and Southern Marin Fire Protection District ordinances, which Code
and ordinances are hereby referred to, adopted, and made a part hereof as if
fully set forth herein. Copies of said ordinances are on file and available for
public inspection in the office of the town clerk.
L. Section 13-4.5 is amended to read as follows:
13-4.5. Housing Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and
welfare of the general public, that certain code known as the Uniform
Housing Code, 1997 Edition, as published by the International Conference
of Building Officials, hereinafter referred to as the "Uniform Housing
Code'~, save and except such portions as are hereinafter changed or modified
by Section 13-4.5.1 of this chapter.
M. Section 13-4.5.1 is added to read as follows:
Amendments made to the 1997 Uniform Housing Code are as
follows: '
The Uniform Housing Code is amended or modified as follows:
a. Section 103 is amended to revise the second sentence of the first
13-4.5.1
Town ofTiburon
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Town of Tiburon
paragraph to read as follows:
Such occupancies in existing buildings may be continued as provided
by the California Existing Building Code, as contained in Title 24,
Part 10 of the California Code of Regulations, except such structures
as are found to be substandard as defined by this code.
b. Section 104.1 is amended to read as follows:
Section 104.1 Additions, Alterations or Repairs. All buildings or
structures that are required to be repaired under the provisions of
this code shall be subject to the provisions of the California Existing
Building Code, as contained in Title 24, Part 10 of the California
Code of Regulations.
c. Section 201.1 is amended to revise the first paragraph to read as
follows:
The building official and his designees are hereby authorized and
directed to enforce all of the provisions of this code. For such
purposes, such officials shall have the powers of law enforcement
officers.
d. Section 201.2 is amended to read as follows:
Section 201.2. Right of Entry. Whenever necessary to make an
inspection to enforce any of the provisions of this title, or whenever
the building official or his authorized representative has reasonable
cause to believe that there exists in any building or upon any
premises an immediate threat to health and safety, the Building
Official or his authorized representative may enter such building or
premises at all reasonable times to inspect the same or to perform any
duty imposed upon the Building Official by this code; provided, that
if such building or premises be occupied he shall first present proper
credentials and demand entry; and if such building or premises be
unoccupied he shall first make a reasonable effort to locate the owner
or other persons having charge or control of the building or premises
and demand entry. If such entry is refused, the building official, or
his authorized representative, shall have recourse to every remedy
provided by law to secure entry, including the warrant provisions of
Section 1822.50 et seq. of the Code of Civil Procedure of the State of
California.
e. Section 203.1 is amended by adding thereto the following sentence:
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Town of Tiburon
Nothing contained in this section shall prevent the town council from
appointing the town council as the housing advisory and appeals
board.
f. Section 301 is amended to read as follows:
SECTION 301-GENERAL
No building or structure regulated by this code shall be erected,
constructed, enlarged altered, repaired, moved, improved, removed,
converted or demolished unless a separate permit for each building or
structure has first been obtained as required by the Building Code.
g. Section 302 is deleted.
h. Section 303 is amended to read as follows:
SECTION 303-INSPECTION
Buildings or structures within the scope of this code and all
construction or work for which a permit is required shall be subject
to inspection by the building official as provided by this code and in
accordance with the applicable requirements of the Building Code.
1. Section 401 is amended as follows:
The definition of "Building Code" in Section 401 is amended to read
as follows:
BUILDING CODE is the California Building Code as adopted with
amendments by the Town of Tiburon.
J. A definition for "Building Official" is added to Section 401 to read
as follows:
BUILDING OFFICIAL is the building official in the Community
Development Department of the Town of Tiburon.
k. The definition of "Mechanical Code" in Section 401 is amended to
read as follows:
MECHANICAL CODE is the California Mechanical Code as
adopted with amendments by the Town of Tiburon.
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Page 16
1. The definition of "Plumbing Code" in Section 401 is amended to
read as follows:
PLUMBING CODE is the California Plumbing Code as adopted
with amendments by the Town of Tiburon.
N. Section 13-4.6 is amended to read as follows:
13-4.6 Mechanical Code.
The Town Council hereby adopts, for the purpose of providing minimum
requirements for the protection of life, limb, health, property, safety and
welfare of the general public, that certain code known as the 2007 California
Mechanical Code, (based on the Uniform Mechanical Code, 2006 Edition),
Volume 1 and Volume 2, including Appendix Chapter 1 as published by the
International Association of Plumbing and Mechanical Officials, and as
amended by the California Building Standards Commission in the California
Code of Regulations, Title 24, Part 4, hereinafter referred to as the
"California Mechanical Code", save and except such portions as are
hereinafter amended or modified by Section 13-4.6.1 of this chapter.
O. Section 13-4.6.1 is added to read as follows:
13-4.6.1 Amendments made to the 2007 California Mechanical Code.
The 2007 California Mechanical Code is amended or modified as
follows:
a. Section 204.0 is amended as follows:
The definition of "AUTHORITY HAVING JURISDICTION" is
amended to read as follows:
AUTHORITY HAVING JURISDICTION -- The Authority Having
Jurisdiction shall mean the building official or his duly authorized
representative.
b. Section 207.0 is amended as follows:
The definition of "ENFORCING AGENCY" is amended to read as
follows:
ENFORCING AGENCY -- The enforcing agency shall be the
Town of Tiburon
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Town ofTiburon
Building Division of the Town of Tiburon.
c. Section 217.0 is amended as follows:
The definition of "OCCUPANCY CLASSIFICATION" is amended
as follows:
OCCVP ANCY CLASSIFICATION -- Occupancy classification shall
be as defined in the California Building Code.
d. Appendix Chapter 1 is amended as follows:
(1) Section 101.0 is amended to read as follows:
These regulations shall be known as the California Mechanical Code,
may be cited as such, and will be referred to herein as "this code".
(2) Section 102.0 is amended to add the following sentence:
This appendix chapter shall apply to all occupancies regulated by
this code, and shall be in addition to those requirements specific
to state regulated occupancies contained in chapter one of this
Code.
(3) Section 108.3 is amended to add the following phrase to the end
of the last sentence:
", including the warrant provisions of Section 1822.50 et. seq. of the
Code of Civil Procedure of the State of California."
(4) Section 110.1 is amended by adding thereto the following
sentence:
Nothing contained in this section shall prevent the town council from
appointing the town council as the Board of Appeals.
(5) Section 115.1 is amended to read as follows:
115.1 General. Fees shall be assessed in accordance with the
provisions of this section and as set forth in the Building Division
Fee Schedule adopted by resolution of the Tiburon Town Council
and amended from time to time.
(6) Section 115.2 is amended to read as follows:
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115.2 Permit Fees. Any person desiring a permit required by this
code shall, at the time of issuance for the permit, pay a fee, which fee
shall be as set forth in the Building Division Fee Schedule adopted
by resolution of the Tiburon Town Council and amended from time
to time.
(7) Section 115.3 is deleted.
(8) Section 116.6 is amended to replace the third paragraph with the
following:
To obtain re-inspection, the applicant shall first pay the re-inspection
fee in accordance with the Building Division Fee Schedule adopted
by resolution of the Tiburon Town Council and amended from time
to time.
(9) Table 1-1 is deleted.
P. Section 13-4.7 is amended to read as follows:
13-4.7 Dangerous Building Code.
The Dangerous Building Code of the Town shall be the California Code for
the Abatement of Dangerous Buildings, 1997 edition, as published by the
International Conference of Building Officials, on file with the office of the
Town Clerk, which Code is hereby referred to, adopted and made a part
hereof as if fully set forth herein, save and except such portions as are
hereinafter amended or modified by Section 13-4.7.1 of this chapter.
Q. Section 13-4.7.1 is added to read as follows:
13 -4.7.1
Amendments made to the 1997 California Code for the
Abatement of Dangerous Buildings.
The California Code for the Abatement of Dangerous Buildings is amended
or modified as follows:
(a) Section 103 is amended to read as follows:
SECTION 103-ALTERATIONS, ADDITIONS AND REPAIRS
All buildings or structures which are required to be repaired under
the provisions of this code shall be subject to the provisions of the
Town of Tiburon
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California Existing Building Code, as contained in Title 24, Part 10
of the California Code of Regulations.
(b) Section 20 1.3. Right of Entry. Whenever necessary to make an
inspection to enforce any of the provisions of this title, or whenever the
building official or his authorized representative has reasonable cause to
believe that there exists in any building or upon any premises an immediate
threat to health and safety, the building official or his authorized
representative may enter such building or premises at all reasonable times to
inspect the same or to perform any duty imposed upon the Building Official
by this code; provided, that if such building or premises be occupied he shall
first present proper credentials and demand entry; and if such building or
premises be unoccupied he shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or premises
and demand entry. If such entry is refused, the Building Official, or his
authorized representative, shall have recourse to every remedy provided by
law to secure entry, including the warrant provisions of Section 1822.50 et
seq. of the Code of Civil Procedure of the State of California.
(c) Section 203 is deleted.
(d) Section 204 is amended to read as follows:
SECTION 204-INSPECTION OF WORK
All buildings or structures within the scope of this code and all
construction or work for which a permit is required shall be subject
to inspection by the building official as provided in this code and in
accordance with the applicable requirements of the Building Code.
(e) Section 205 is amended by adding thereto the following:
Nothing contained in this section shall prevent the town council from
appointing the town council as the Board of Appeals.
(f) Section 301 is amended as follows:
The definition of "Building Code" is amended to read as follows:
BUILDING CODE is the California Building Code as adopted with
amendments by the Town of Tiburon.
(g) A definition of "Building Official" is added to read as follows:
BUILDING OFFICIAL is the Building Official in the Community
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Development Department of the Town of Tiburon.
R. Section 13-4.8 (Swimming Pool Code) is hereby repealed.
S. Section 13-4.9 is amended to read as follows:
13-4.9 Energy Code.
The Energy Code of the Town shall be the California Energy Code, 2007
edition, and the appendices thereof, as published by the California Building
Standards Commission, on file with the office of the Town Clerk, which
Code and appendices are hereby referred to, adopted and made a part hereof
as if fully set forth herein, except that the first paragraph of Section 2.0.3 is
deleted.
T. Section 13-4.10 is amended to read as follows:
13-4.10 Building Conservation Code.
The Building Conservation Code of the Town shall be the California Code
for Building Conservation, 2001 edition, incorporating by adoption the 1997
edition of the Uniform Code of Building Conservation of the International
Conference of Building Officials with necessary California amendments, on
file with the office of the Town Clerk, which Code is hereby referred to,
adopted and made a part hereof as if fully set forth herein.
U. Section 13-4.11 is amended to read as follows:
13-4.11 Building Standards Code.
The Building Standards Code of the Town shall be the California Building
Standards Code, California Code of Regulations, 2007 edition, Title 24,
Parts 7 (Elevator Safety Code), 8 (Historical Building Code), 10 (Building
Conservation Code), and 12 (Referenced Standards Code), as published by
the International Conference of Building Officials, on file with the office of
the Town Clerk, which Code is hereby referred to, adopted and made a part
hereof as if fully set forth herein.
v.
Section 13-4.12 is amended to read as follows:
13-4.12 Administrative Code.
The Administrative Code of the Town shall be the California Building
Standards Administrative Code, California Code of Regulations, Title 24,
Part 1, 2007 edition, as published by the International Conference of
Building Officials, on file with the office of the Town Clerk, which Code is
hereby referred to, adopted and made a part hereof as if fully set forth herein.
Town of Tiburon
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Section 3.
Findines Pursuant to Health & Safety Code.
California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5
require that findings be made in order to change or modify building standards found in the
California Building Standards Code based on local climatic, geologic, or topographic
conditions. Therefore, the Town of Tiburon hereby finds that these changes or
modifications to the Building Code as adopted herein are reasonably necessary because of
the following local climatic, geological and topographical conditions:
I. Climatic conditions:
a. Most of the annual rainfall in Tiburon occurs during the winter, it receives no
measurable precipitation between May and October. During this time, temperatures
average between 60 and 85 degrees. These conditions eliminate most of the
moisture in the natural vegetation and heavily wooded hillsides. The area also
suffers periodic droughts that can extend the dry periods to other months of the year.
These conditions can be further exacerbated by occasional off-shore hot, dry, Santa-
Ana winds.
b. Most of the annual rainfall in Tiburon occurs during the winter, and some portions
of Tiburon are subject to tidal influences, there are times that flooding conditions
occur in low-lying areas
II. Geologic conditions:
a. Tiburon lies near several earthquake faults, including the very active San Andreas
fault and the Hayward fault, and there are significant potential hazards such as road
closures, fires, collapsed buildings, and isolation of residents requiring assistance.
b. Much of the Downtown commercial area is located on bay alluvial soils, which are
subject to liquefaction in the event of an earthquake.
III. Topographic conditions:
a. Much of Tiburon is located in steep, hilly areas; many of the residential areas are
heavily landscaped; and many exist adjacent to hilly open space areas which are
characterized by dry vegetation and have limited access. In addition, the steepness
of grades located in the hills and dales results in narrow and winding roads, and
limited water supply.
b. The major arterial route between Tiburon and U. S. Highway 101 is Tiburon
Boulevard (State Highway 131). Should that highway become impassable, the only
alternative roadway on and off the Peninsula is Paradise Drive, a narrow, winding
road easily subject to closure in storms and having an extensive history of lane
Town of Tiburon
Ordinance No.
N.S.
Effective --/--/2008
Page 2 2
failures due to unstable soils and poor drainage. This would result in traffic
congestion, severely limiting emergency access.
IV. Adoption bv Reference of Tiburon Fire Protection District Findings:
The Town Council further adopts by reference all applicable climatic, geological,
and topographical conditions findings of the Tiburon Fire Protection District and
Southern Marin Fire Protection District in their most recently-enacted ordinances
adopting and modifying the California Fire Code.
The above modified building standards are listed below with the corresponding
climatic, geological or topographical condition which necessitates the modification.
Section Number
Climatic, geological and topographical condition
501.2
903.2
1013.1
1505
la, I1a, IlIa, IV
la, I1a, I1la,IIIb, IV
Ib, I1a, IV
la, IV
Section 4.
Severabilitv .
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
Section 5.
Effective Date.
A summary of this Ordinance shall by published and a certified copy of the full text
of this Ordinance shall be posted in the office of Town Clerk at least five (5) days prior to
the Council meeting at which it is adopted. This Ordinance shall be in full force and effect
thirty (30) days after'the date of adoption, and the summary of this Ordinance shall be
published within fifteen (15) days after its adoption, together with the names of the
Councilmembers voting for or against same, in a newspaper of general circulation in the
T own of Tiburon, County of Marin, State of California.
This ordinance was read and introduced at a regular meeting of the Town Council of
the Town of Tiburon, held on the 16th day of January, 2008, and was adopted at a regular
meeting of the Town Council of the Town of Tiburon, held on the 6th day of February,
2008, by the following vote:
Town of Tiburon
Ordinance No.
N.S.
Effective --/--/2008
Page 2 3
AYES:
NOES:
ABSENT:
ATTEST:
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
DIANE CRANE IACOPI, TOWN CLERK
T own of Tiburon
Ordinance No. N.S.
Effective --/--/2008
Page 2 4
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
January 16,2008.
Agenda ltem:
/) 'ff- to
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>oW
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Community Development Department
Reviewed By:
78 Red Hill Circle; Recommendation to Deny the Appeal of the
Design Review Board Decision to Approve a Site Plan and
Architectural Review Application for the Construction of Exterior
Alterations to an Existing Single-Family Dwelling,
~riances for Reduced Side Yard Setbacks
Subject:
PROJECT DATA
ADDRESS:
OWNER/APPLICANT:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
78 RED HILL CIRCLE
JOSEPH LANY ADOO
059-212-21
20728
4,186 SQUARE FEET
R-3 (MULTI-FAMILY RESIDENTIAL)
VERY HIGH DENSITY RESIDENTIAL
C
BACKGROUND
On October 18, 2007, the Tiburon Design Review Board approved a Site Plan and Architectural
Review application to construct deck additions to an existing single-family dwelling, with
reduced side yard setbacks. The property owners of 80 Red Hill Circle have filed an appeal of the
Board's decision to the Town Council. The appellant has been joined by the property owners at
82 and 84 Red Hill Circle.
PROJECT DESCRIPTION
The applicant is requesting Design Review approval to expand the upper level deck and add an
exterior stairway and landing between the main level and the ground level, in the rear of the
existing single-family home located at 78 Red Hill Circle. The proposed deck expansion and
exterior stairway are situated within the required side yard setbacks, up to the side property lines,
in lieu of the required 8 foot side yard setback. The applicant has requested variances for reduced
side yard setbacks.
REVIEW BY THE DESIGN REVIEW BOARD
The Design Review Board first reviewed the application at the September 6,2007 Design Revie\\7
Board meeting. At this meeting, the applicant presented the proposal and stated that the existing
decks were currently being replaced because of major dry rot problems. He requested Design
Review approval to expand the upper level deck and the main level deck in an angular fashion
between the sound walls on each side property line.
David Kell, owner of the home directly next door to the project site (80 Red Hill Circle)
expressed concern that the proposed deck extensions would substantially impact his privacy.
Furthermore, he .felt that the main level deck extension would set a precedent along this portion of
Red Hill Circle by extending the deck beyond one of the sound walls. Mr. Kell requested that the
Board deny the request to extend the main floor deck. Ned Stephens, owner of the home at 82
Red Hill Circle, also raised a concern that the proposed main level deck extension would result in
noise that would impact his privacy.
The Board did not voice any general issues with the design of the deck extensions, but stated that
the applicant needed to consult with the concerned neighbors. The Board also expressed the need
for more details on the plans. The project was continued to the October 4, 2007 meeting so that
the applicant could revise the plans to include more detail on the proposal and to resolve some of
the issues with the neighbors. The project was further continued to the October 18, 2007 in order
for the applicant to provide revised plans.
At the October 18, 2007 meeting, the applicant described the changes made to the project design.
The main level deck was scaled back to its original dimensions and an exterior stairway and
landing (4 feet by 5 feet) was proposed to be added outside of the existing deck. The upper level
deck would be extended as previously proposed. The applicant felt these changes were consistent
with other additions to the homes in the vicinity and would not affect his neighbors.
The adjacent property owner at 80 Red Hill Circle (Beverlee Kell) opposed the revised project as
proposed. She stated that the project would impact her views and privacy and that the main level
stairway and landing would cause the hillside to erode. Mrs. Kell did state, however, that she
could approve of the project if the applicant where to propose a stairway addition that stayed
within the parameters of the original deck.
The Design Review Boa~d determined that the revised project design represented a substantial
compromise that would not affect the neighbors' privacy. There was discussion about whether the
proposed stairway would be consistent with the exterior design of the other surrounding homes,
and it was the consensus of the Board that the improvements would be compatible with the
variety of designs found in this series of dwellings.
The Design Review Board voted to conditionally approve the application (a vote of 3-1, with
Board member Corcoran voting no). Beverlee Kelljoined by James Norton and Ned and Paretta
Stephens, subsequently filed a timely appeals of this decision (see Exhibits 1).
BASIS FOR THE APPEAL
There are three grounds upon which the first appeal (Exhibit 1), is based. These grounds are
discussed below.
Ground # I : The addition of an exterior stairway and landing from the main level to the
ground level at would be out of character with the design of other
homes in the vicinity and would set a precedent for the homes along Red Hill
Circle.
Staff Response: The original design of homes in this subdivision are all identical, with
sound walls extending along the each of the side property lines. Many of these homes have been
modified over time. Modifications have been made to the appellant's residence at 80 Red Hill
Circle. The deck has been enclosed and converted to living space up to the edge of the sound
walls. A lower level exterior stairway and landing have been added that extend beyond the sound
walls.
A majority of Board members determined that the proposed exterior stairway and landing was not
out of character with the homes in the surrounding vicinity and would be consistent with the
variety of home designs within the area. Exterior stairs exist beyond the sound walls at other
homes along Red Hill Circle. Although no other homes have stairs leading from the rear edge of
the main level deck, other homes have interior stairways leading down from the main level decks,
and the appellants have a stairway leading from the rear of the lower level of their house.
Ground #2: The addition of an exterior stairway and landing from the main level to the
ground level at 78 Red Hill Circle would result in substantial view and
privacy impacts.
Staff Response: Sound walls exist between all of the homes along Red Hill Circle. The
walls extend outward from the living space and separate the decks of individual properties. The
two walls at 78 Red Hill Circle vary in length. The proposed landing and stairway would only be
visible from inside the home at 80 Red Hill Circle by leaning out of an open window and looking
to the side. The proposed landing and stairway would not extend into or block any views.
The proposed deck expansion cannot be viewed at all from the appellant's home. The stairway
and landing would be marginally visible, as described above. It should be noted that people do
not spend extended time on stairways and landings, while decks are more commonly used as
outdoor living area. Therefore, no substantial noise or privacy impacts would be created by the
proposal.
Ground #3: Story poles were not installed for revisions to the main level deck extension
and for the addition of the exterior stairway and landing.
Staff Response: At the September 6 meeting, story poles were constructed depicting where
the deck extension was proposed. The item was continued but the story poles were not revised.
The applicant did however provide more detail and revised plans depicting a scaled back deck
and the proposed landing and stairway. The Board determined that the revised plans for the
landing and stairway were adequate to understand the location of these improvements and that the
stairway would not impact the neighboring homes.
CONCLUSION
The Design Review Board adhered to the guidelines for Site Plan and Architectural Review in its
review of the project. The Board determined that the upper level deck extension and exterior
stairway and landing from the main level to the ground level were appropriate for the site and its
surroundings, and was able to make the findings for the requested variances. The Board
determined that the additions would not result in any view or privacy impacts on the residence at
80 Red Hill Circle.
"
RECOMMENDATION
1) That the Town Council indicate its intention to deny the appeal; and
2) That the Town Council direct Staff to return with a Resolution denying the appeal, for
adoption at the next meeting.
Exhibits:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
Notice of Appeal from David & Beverlee Kell
Application and supplemental materials
Design Review Board Staff report dated September 6, 2007
Design Review Board Staff report dated October 18,2007
Minutes of the September 6, 2007 Design Review Board meeting
Minutes of the October 18, 2007 Design Review Board meeting
Letter from David & Beverlee Kell dated August 30, 2007
Letter from Edward Stephens dated August 30,2007
Letter from James R. Morton dated September 5,2007
Letter from Hugo Hermann dated September 6, 2007
Letter from Edward Stephens dated September 26,2007
Letter from James R. Morton dated September II, 2007
Submitted Plans
Prepared By:
Scott Phillips, Assistant Planner
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TOWN OF TffiURON
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NOTICE OF APPEAL
1~OWN CLERK
TOWN OF TIBURON
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APPELLANT
Name: DM\l ~ ~ I< eLt
Address: fo!?u! ~ If C \f'~
Telephone: 7 gtj - q'l (;'f (Work)
(Home)
ACTION BEING APPEALED
Body: [J.&rt'rJ. /Cecl/.ew I3tCUBt.
Date of Action: I () # I g-- · 0 7
Name of Applicant: ~ tevvvr @ 7% I?ed ff/I(C~
Nature of Application: &'7t4 frue;fzi,v '1 tI.tdc. tUtd/~
GROUNDS FOR APPEAL
(Attach additional pages, if necessary)
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Last Day to File: 10 / 2 elf 10 "71
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Fee Paid: ,v v
Date Received:
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Date of Hearing:
January 2004
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11/22/07
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TOWN CLERK
TOWN OF TIBURON
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TO: Town Council, Town of Tiburon
FROM:
David & Beverlee Kell, 80 Red Hill Circle
Ned & Paretta Stephens, 82 Red Hill Circle
James R. Morton, 84 Red Hill Circle
RE: Appeal of Design Review Board approval of Variances for the proposed deck
extensions with variances for reduced side yard setbacks at 78 Red Hill Circle, October
18, 2007.
We wish to appeal the October 18th, 2007 decision of the Tiburon Design Review Board
to allow our neighbor, Mr. Joseph Lanyadoo, a real estate agent, to extend his main floor
deck and install an external stairway. We agreed to his variance request to extend his
upper bedroom deck because it does not extend beyond the original privacy walls
between our homes.
Please visit our homes to see how this variance is completely out of character with the
intended design of our homes.
The Town of Tiburon Design Guidelines for Hillside Dwellings states the following on
page 26: "variances are exceptions to the law and are difficult to justify" and "developers
or property owners must remember that their proposed dwelling will have a substantial
impact on neighboring properties; this impact must be minimized in every way
reasonably possible." The home at 78 Red Hill Circle has a 220 square foot deck on the
main view level. The previous owners were content with the size of this deck for 33 years
and they had a stairway to the ground within the common perimeter. To the best of our
knowledge there i~ no reason why Mr. Lanyadoo should receive a variance which will
allow him to build a deck extension and stairway extending beyond his neighbor's decks
and the common south perimeter.
. Precedent. The original character of 'Our homes was designed to protect privacy
and view and to diminish sound between our adjacent homes. Our four properties
sit together in a row and share a common south perimeter on the main and upper
floors on the view side. The original developer gave utmost consideration to the
needs of original and future owners. Decks were built of uniform depth and
double wings were incorporated to ensure sound mitigation and privacy of
adjacent residents. These considerations have not been violated in 35 years.
For 35 years our stairways from the main floor to the ground level have been
contained within the common south perimeter and have not extended beyond that.
The original owners of #80 enclosed the deck in 1979 and kept the stairway and
enclosed deck within the shared perimeter. They also built an egress stairway at
the ground level which does not affect the view or privacy of adjacent neighbors,
. The Planning Analysis. The Planning analysis states that the decks would not
extend beyond the side property line screening walls and would therefore not
result in any privacy concerns for neighboring residents. This is true of the upper
level bedroom deck expansion which we agree to. It is incorrect in terms of the
main floor deck. People standing on the expanded deck or top of stairway would
compromise our privacy . We believe that our privacy will be impacted by a large
exterior stairway right next to our homes. The planning analysis states incorrectly
that the proposed deck expansion "would mirror others within the development"
when in fact the only deck expansion on the main level in our development of 23
homes is a 2-3 foot deck expansion at # 74 which has compromised the privacy of
the deck at # 76.
The planning analysis states incorrectly that the proposed stairway would mirror
others in our development. The only stairway in our development of 23 homes
that extends past the privacy walls from the main floor to the ground level is a
circular stairwell at # 96, and partially set back.
Our four properties, which are directly affected are not offset from each other, as
stated in the Planner's analysis of 10/18. Our properties are aligned and share a
common south perimeter. While replacing support beams or stairways, past and
present owners have respected the original perimeter.
. Noise. In addition, there has been ongoing loud noise from the outdoor decks
(front and back) and from inside Mr. Lanyadoo's home since he moved i~ in
2006. We are opposed to anything that extends his deck/stairway beyond the
privacy and double sound walls.
. Design Review Concerns. In the Town of Tiburon Design Review Permit Guide
under Application Requirements the following is stated: "Story poles must be
installed for all applications reviewed by the Design Review Board." No story
poles were installed to reflect the visual impact of the stairway proposed by Mr.
Lanyadoo and yet the Board approved the variance.
At the Design Review Board meeting of September 6th, 2007, the members of the
Design Review Board continued Mr. Lanyadoo' s application and instructed him
to do the following: stop building, have accurate plans drawn, add landscaping
and lighting plans and discuss the plans with his affected neighbors.
Mr. Lanyadoo continued building and within a few days of the meeting had
installed beams extending beyond our privacy wall, 10 feet on the west side and
two feet on the east side. These beams were not a part of his repair and replace
permit. The building inspector told us he would be required to cut off the beams
to conform to his permit, but to date the beams remain in place. He failed to
communicate with us. A few days before the continued 2nd Design Review
meeting of October 18th, we found a small hand-drawn elevatio~ presented in
unusual perspective, in our mailbox. This new drawing showed a long exterior
stairway placed beyond the depth of the original deck. The Design Review Board
granted Mr. Lanyadoo a variance based on this hand drawing. There was no
detail provided as to the appearance, landing, materials, etc. of the stairway. It
was unclear at the meeting whether such a stairway would even meet code.
. Another troubling aspect of this experience has been the Planning Department's
failure to disclose the Design Review Appeal process to us. Assistant Planner,
Scott Philips said that the disclosure was included at the bottom of the Design
Review communications but in checking them, he acknowledged "I guess not."
There were no disclosures on any of the communications sent to us. We became
aware of this appeal process by chance through a conversation with a former
Tiburon official.
Thank you for considering our appeal to preserve the character of our homes that were
designed to decrease sound transmission and to protect our privacy and views.
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TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
TYPE OF APPLICATION
o Conditional Use Permit
o Precise Development Plan
o Secondary Dwelling Unit
o Zoning Amendment/Prezoning
o General Plan Amendment
o Change of Address
(i Design Review (ORB)
o Design Review (Staff level)
. Variance
o Floor Area Exception
o Sign Permit
o Tree Permit
o Tentative Subdivision Map
o Final Subdivision Map
o Parcel Map
o Lot Line Adjustment
o Certificate of Compliance
o Other
SITE ADDRESS:
PARCEL NUMBER:
APPLICANT REQUIRED INFORMATION
7 r? R,.J \\ (\ ) PROPERTY SIZE: ~..&:\
050 -212-- 2-{ ZONING:
bo.'I\~~
CITY/STATE/ZIP T, L t\~
FAX '-II (" JW CrR h '
OWNER OF PROPERTY: ~ ..L~
MAILING ADDRESS: ~ ~ t\ \
PHONE NUMBER: III (' ~ IS' ~S'~
APPLICANT: (Other than Property Owner)
MAILING ADDRESS:
PHONE NUMBER:
CITY/STATE/ZIP
FAX
ARCHITECT/DESIGNER/ENGINEER:
MAILING ADDRESS:
Please indicate with an asterisk (*) persons to whom Town correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
~tZ;kf"'i"'W-~~
I, the undersigned owner (or authorized agent) of the property herein described, hereby make
application for approval of the plans submitted and made a part of this application in accordance with
the provisions of the Town Municipal Code, and I hereby certify that the information given is true and
correct to the best of my knowledge and belief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town
grants the approval, with or without conditions, and that action is challenged by a third party, I will be
respoflsible for defending against this challenge. I therefore agree to accept this responsibility for
defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless
from any costs, claims or liabilities arising from the approval, including, without limitation, any award of
attorney's fees that ight suit from the third party challenge.
"Signature.
Date: 'i I ).J J t? 7
I /
*/f other th
DO NOT WRITE BELOW THIS LINE
20728 DEPARTMENTAL PROCESSING INFORMATION tl;,' a ~
:~~IC:~:iV~~':: ~~7~:c~~~~n:~~on .c:r ...... ~:~:::#Sit!17flU> -
Date Deemed Complete: '.tl\llQL. By: \l>~
ActinQ Body: Action: Date:
Conditions of Approval or Comments:
Resolution or Ordinance #:
Please fill in the information requested below (attach separate sheet as needed):
~ :21"-l~: .-.:-.
I; i J~),~ C-.:
DESIGN REVIEW SUPPLEMENTAL APPLlCATI(j)N ramRMfllllI
I'
-( (~~! '-J...,' ;.,:
1.
~j\
~
Lot area in square feet (Section 16-1.5(1)*): W')..s:J 0 topf>
Proposed use of site (example: single family residential, commercial, etc.):
Existing
, Proposed ~
4. Describe any changes to parking areas including number of parking spaces, turnaround or maneuvering ar~as.
Zoning: j~3
2.
3.
RoN~
Yards
(Setbacks from property
line )(Section 16-1.5(y)* J~
Front ft. ft. ft. ft. ft.
"
Rear ft. ft. ft. ft. gl ft.
Right Side 1) ft. ft. 0 ft. ft. ~ ft.
Left Side ft. ~ ft. 0 ft. ft. g ft.
Maximum Height ft.
(Section 16-5.6.7)* ft. ft. ft. ft.
. Lot Coverage
(Section 16-5.6.8)* sq.ft. sq.ft sq. ft. sq. ft. sq. ft.
Lot Coverage as
Percent of Lot Area 0/0 ok 0/0 0/0 0/0
Gross Floor Area
(Section 16-1.5(f))* sq.ft. sq. ft. sq.ft. sq.ft. .sq.ft.
*Section numbers refer to specific provisions or definitions in the Tiburon Municipal Code Chapter 16 (Zoning)
DESIGN REVIEW SUPPLEMENTAL ApPLICATION FORM TOWN OF TIBURON
JUNE 2006
;
Design Revie\\' Board
September 6, 2007
Agenda Item: E7
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
)(
...,
ST AFF REP()RT
To:
Members of the Design Review Board
Prom:
Assistant Planner Phillips
78 Red Hill Circle; File #20728
Site Plan and Architectural Review to Construct Exterior
Alterations to an Existing Single-Family Dwelling,
with Variances for Reduced Side Yard Setbacks
Subject:
Reviewed By:
PROJECT DATA
ADDRESS:
OWNER/APPLICANT:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
DATE COMPLETE:
78 RED HILL CIRCLE
JOSEPH & JUDY LANY ADOO
059-212-21
20728
4,186 SQUARE FEET
R-3 (MULTI-FAMILY RESIDENTIAL)
VERY HIGH DENSITY RESIDENTIAL
C
AUGUST 17,2007
PRELIMINARY ENVIRONMENTAL DETERMINATION
Town Planning Division Staffhas made a preliminary determination that this proposal would be
exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in
Section 15303. "
PROPOSAL
The applicant is requesting Design Review approval to expand the decks in the rear of the
existing single-family home located at 78 Red Hill Circle. The proposed deck expansions are
situated within the required side yard setbacks up to the property lines, in lieu of the required 8
. ~
foot side yard setback. In order to. expand a non-conforming condition, a variance is required. The
applicant has requested variances for reduced side yard setbacks.
ANAL YSIS
Design Issues
The subject property is. one of a series of lots along Red Hill Circle developed in a similar
fashion. The lots are very narrow, are slightly offset from one another and are developed with a
single- family dwelling built up to the side property lines. Although the homes have the
appearance, of attached dwellings, e'J,ch is actually a separate structure. Decks along the r~ar
frontage of the units are. also situated at or near the side property lines, with walls along the sides
providing screening between homes. The decks vary in length, adding to the articulation of the
rear fac;ade.
The design of the proposed deck expansions at the subject home includes expanding the existing
upper deck an additional 3 feet and expanding the existing lower deck in a triangular manor
towards the adjacent neighbor's wall. The decks would not extend beyond the side property line
screening walls and would therefore not result in any privacy concerns for neighboring residents.
The decks would mirror other deck expansions within the development.
Zoning
Staff has reviewed the proposal and finds it to be in conformance with the development standards
for the R-3 zone with the exception of the previously noted variances for reduced side yard
setbacks.
In order to grant the requested variances, the Board must make all of the following findings
required by Section 4.03.05 of the Tiburon Zoning Ordinance:
1. Because of special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, the strict application of this
Ordinance will deprive the applicant of privileges enjoyed by other properties in
the vicinity and in the same or similar zones.
The subject property is substandard in lot area for the R-3 zoning district. The
property size is a special circumstance that would deprive the owners of this property
of development privileges enjoyed by other properties in the vicinity.
2. The variance will not constitute a grant of special privileges, inconsistent with
the limitation upon other properties in the vicinity and in the same or similar
zones.
Numerous other properties in the R-3 or similar zones with similar site characteristics
have been granted variances for reduced side yard setback in order to accommodate
the most appropriate deck design on the property.
3. The strict application of this Ordinance would result in practical difficulty or
unnecessary hardship.
The strict application of the side yard setback requirement would force the design
of the deck expansions to have an unusual jog that would not match the rest of the
existing housing development and create a dysfunctional deck space.
4. The granting of the variance will not be detrimental to the public welfare or
injurious to other properties in the vicinity.
As noted above, the proposed deck expansions are only marginally visible from
the adjacent property and do not appear to result in substantial view or privacy
impacts from neighboring homes.
From the evidence provided, Staff believes that there is sufficient evidence to support the findings
for the requested variance.
Public Comment
To date, no public comments have been received regarding this project.
RECOMMENDATION
The Board should review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding
Principles) , 16-4.3 (Variances) and determine that the project is exempt from the provisions of
the California Environmental Quality Act (CEQA) as specified in Section 15303. If the Board
finds the design to be acceptable and in conformance with the Town's Design Guidelines, Staff
recommends that the attached conditions of approval be applied.
ATTACHMENTS:
1.
2.
3.
Conditions of approval
Application and supplemental material
Submitted plans
~
Prepared By:
Scott Phillips, Assistant Planner
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
,
Design Revie",y Board
October 18, 2007
Agenda Item: D 2
ST AFF REPORT
To:
Members of the Design Review Board
~
From:
Assistant Planner Phillips
S ubj ect:
78 Red Hill Circle; File #20728
Site Plan and Architectural Review to Construct Exterior
Alterations to an Existing Single-Family Dwelling,
with Variances for Reduced Side Yard Setbacks
(Continued from September 6,2007)
Reviewed By:
BACKGROUND
The applicant is requesting Design Review approval to expand the upper level deck and add a
staircase between the main level deck and the ground level, within the rear of the existing single-
family home located at 78 Red Hill Circle. The proposed deck expansion and additional staircase
are situated within the required side yard setbacks up to the property lines, in lieu of the required
8 foot side yard setback. In order to expand a non-conforming condition, a variance is .required.
The applicant haS requested variances for reduced side yard setbacks.
This application was first reviewed at the September 6, 2007 Design Review Board meeting. At
that meeting, various neighboring property owners along Red Hill Circle raised concerns
regarding potential privacy impacts that would be caused by the proposed expansion of the main
level deck in the rear of the subject property. The Board reviewed the proposal, but continued the
project to give the applicant time to rethink the deck expansion and to allow for additional
dialogue between the ne,ighbors. Several Board members expressed the need for more detail on
the plans as well.
ANAL YSIS
Design Issues
Since the previous meeting, the applicant has scaled back the project. The triangular expansion of
the main level deck has been eliminated and a stairway accessing the ground level has been
added. The proposed stairs would be outside of where the recently demolished deck existed.
,
The subject property is one of a series of lots along Red Hill Circle developed in a similar
fashion. The lots are very narrow, are slightly offset from one another and are developed with a
single-family dwelling built up to the side property lines. Although the homes have the
appearance of attached dwellings, each is actually a separate structure. Decks along the rear
frontage of the units are also situated at or near the side property lines, with walls along the sides
providing screening between homes. The decks vary in length, adding to the articulation of the
rear fa<;ade.
The decks would not extend beyond the side property line screening walls and would therefore
not result in any privacy concerns for neighboring residents. The proposed deck expansion and
stairway would mirror others within the development. Board members are encouraged to view
and evaluate the revised project from adjacent homes.
Zoning
Staff has reviewed the proposal and finds it to be in conformance with the development standards
for the R - 3 zone with the exception of the previously noted variances for reduced side yard
setbacks. As described in the previous report for this application, Staff believes that there is
sufficient evidence to support the findings for the requested variance.
Public Comment
Since last meeting, letters have been submitted from the owners at 82 and 84 Hilary Drive
concerning potential privacy impacts from the proposed exterior alterations at 78 Red Hill Circle.
RECOMMENDATION
The Board should review this project with respect to Zoning Ord~nance Section 4.02.07 (Guiding
Principles) , 16-4.3 (Variances) and determine that the project is exempt from the provisions of
the California Environmental Quality Act (CEQA) as specified in Section 15303. If the Board
finds the design to be acceptable and in conformance with the Town's Design Guidelines, Staff
recommends that the. attached conditions of approval be applied.
ATTACHMENTS:
1. Conditions of approval
2. Design Review Board Staff Report dated September 6, 2007
3. Minutes of the September 6, 2007 Design Review Board Meeting
4. Letter from James R. Morton, dated September 11,2007
5. Letter from Edward Stephens, dated September 26,2007
6. Submitted plans
Prepared By:
Scott Phillips, Assistant Planner
Boardmember Corcoran said in light of all neighbor correspondence~ it seems the applicants have
done due diligence. He said that the property most affected was next door at 45 Rolling Hills.
and that neighbor supports the request. Boardmember Corcoran felt it was a reasonable
accommodation and he could support the project. , ' ,
Chair Doyle said he was initially more concerned with the noise due to the spa equipment being
so close to property, but the neighbors do not oppose it.
ACTION: It was MIS (Corcoran/Glassner) that that the project is exempt from the
provisions of the California Environmental Quality Act and approving the
application subject to the conditions of approval as set forth in the Staff
report. Vote: 3-0-1 (Teiser abstained).
-??
78 RED HILL CIRCLE
LANY ADOO, DECKSN ARIANCES
An application has been made to construct deck additions to the existing single-
family dwelling at 78 Red Hill Circle. The proposed deck expansions would be
situated within the required side yard setbacks up to the property lines. In order to
expand a non-conforming condition, variances are required for reduced side yard
setbacks.
Joe Lanyadoo, owner, said the house has major dry rot problems~ He said that he removed the
deck on the main floor of the living room and is requesting extension of it in an angular way so
as not to block views of the neighbors. He said the neighbor's deck on the right side was 6-7 feet
out, another neighbor had enclosed their deck, and he felt any objections to the request could be
addressed by adding a tree or other type of landscaping.
The Chair opened the public hearing.
David Kell requested the Board deny the request to extend the main floor deck, as he said they
would lose their visual privacy. He s~ated that no one before has ever been able to see into their
house and they cannot see into anyone else's. He noted that all 23 homes in this development
have privacy walls on each side buift for the purpose of privacy and no one has ever been able to
install such a deck. He described the differences in the decks on other homes. He said the
applicant never brought the request to the neighbors. He also felt noise levels would increase
and cited existing noise problems with the applicant without the deck extension. He also
questioned the accuracy of the applicant's drawings.
Ken Miller said 6 years ago he was faced with something relatively similar when he wanted to
extend his decks outward and, to avoid encroaching into the privacy of neighbors, he received
approval from his neighbors to extend his deck 3-4 feet at an angle. He felt the critical variable
was not extending the patio across, but out into someone else's view.
TIBURON DESIGN REVIEW BOARD MINUTES #15
11
9/6/07
Ned Stephens said that all neighbors have been very considerate without exception. and he felt
the main concern was noise. He said the interior walls were designed for privacy and noted that
some people have built lower areas for ground floor access and extended out, but not on the
bedroom and living room floors. He felt the encroachment proposed with the variance would
pose a problem and was a serious situation with all neighbors.
Keith Nordstrom said the applicant's proposal would have zero impact on his line of sight. He
noted that many people had expanded their decks, and felt the second page of the plans depicted
a better visual account of the request. He said his next door neighbor was loud but people
knowingly purchased units which are close to one another because of their views to San
Francisco Bay.
The applicant acknowledged privacy was the neighbors' issue, stating that many neighbors could
look into decks as well as living spaces and suggested landscaping to mitigate the problem.
The Chair closed the public hearing.
Boardmember T eiser stated that the plans submitted were very confusing, as he could not tell
what was being proposed. He requested that the applicant provide better plans with dimensions,
and describing how the deck relates to the privacy walls. He also requested a lighting plan be
submitted and urged the applicant to work better with his neighbors. He suggested the matter be
continued.
Boardmember Glassner agreed, stating that better plans and elevations were needed, including
what the project would look like from the neighbors and below. He suggested the applicant
proyide a landscaping plan to reflect screening and that he should work with the neighbors.
Boardmember Corcoran agreed, and felt it was unfortunate the project had no CC&R's to control
such issues. He acknowledged that many neighbors had made various improvements to their
units, creating privacy issues. He agreed with the need for the applicant to resolve, issues with
neighbors and requested a better set of drawings.
Chair Doyle acknowledged that these were difficult homes with noise and privacy issues. He
asked the applicant to work with neighbors, stating that the plans need to clearly indicate to the
neighbors what is being proposed.
ACTION: It was MIS (Glassner/Corcoran) to continue the item to the October 4,2007
meeting. Vote: 4-0.
8.
544 SILVERADO DRIVE
CONTINUED TO 9/20/07
CAMERON, ADDITIONSN ARIANCE -
F. APPROVAL OF MINUTES #14 OF THE 8/16/07 DESIGN REVIEW BOARD
MEETING
TIBURON DESIGN REVIEW BOARD MINUTES #15
12
9/6/07
MINUTES #18
TIBURON DESIGN REVEW BOARD
ME~TING OF OCTOBER 18, 2007
The meeting was opened at 7:00 p.rp. by Chair Doyle.
A. , ROLL CALL
-
Present: Chair Doyle, Vice-Chair Frymier, Boardmembers Corcoran and Teiser
Absent: Boardmember Glassner
Ex-Officio: Planning Manager Watrous, Associate Planner Tyler, Assistant Planner Phillips,
and Minute-Taker Harper
B. PUBLIC COMMENTS - None
\
C. STAFF BRIEFING
Planning Manager Watrous stated that the item for 695 Hawthorne Drive was continued to the
November 1, 2007 meeting. He reminded the Board that the appeal for 9 Burrell Court has been
scheduled for the November 7,2007 Council meeting. He added that Staffwill contact the
Board about setting up a special meeting for the Kol Shofar Synagogue Design Review
application.
D. OLD BUSINESS BEFORE THE BOARD
1.
490 RIDGE ROAD
DUNPHY, NEW DWELLINGN ARIANCES
The applicant was not yet present and the item' was tabled until later in the meeting.
/2.
78 RED HILL CIRCLE
LANYADOO,DECKSNAJUANCES
The applicant is requesting Design Review approval to expand the upper level deck
and add a staircase between the main level deck and'the ground level, wi thin the
rear of the existing single family home located at 78 Red Hill Circle. The proposed
deck expansion and additional staircase would be situated within the required side
yard setbacks up to the property lines, in lieu of the required 8 foot side yard
setback. In order to expand a non-conforming condition, a variance is required. The
applicant has requested variances for reduced side yard setbacks.
This application was first reviewed at the September 6, 2007 Design Review Board
meeting. At that meeting, various neighboring property owners along Red Hill
Circle raised concerns regarding potential privacy impacts that would be caused by
the proposed expansion of the main level deck in the rear of the subj ect property.
The Board reviewed the proposal, but continued the project to give the applicant
TIBURON D.R.B. MINUTES #18
10/18/07
time to rethink the deck expansion and to allow for additional dialogue between the
neighbors. Several Board members expressed the need for more detail on the plans'
as well. Since the previous meeting, the applicant has scaled back the project. The
triangular expansion of the main level deck has been eliminated and a stairway
accessing the ground level has been added.
Joe Lanyadoo described the changes to the project design, which he felt were
, consistent with other additions to homes in the vicinity and would not affect his
neighbors.
The Chair opened the public hearing.
Beverlee Kell stated that he neighbors, Ned Stephens and Jim Morton, could not be present but
both have submitted letters and adamantly oppose the applicant extending beyond the side walls.
She distributed drawings to the Board that showed the relationship of the surrounding properties.
She said that her stairwell is 10 feet below on a lower floor and not at a view level. She felt the
applicant's drawing was distorted and did not give a clear sense of how their view and privacy
would be impacted. In response to questions form the Board, Mrs. Kell stated that people
standing on the 20 square foot landing would be able to look into her living room windows. She
said all four units were designed to have protected privacy and views. She said they have lived in
their home for 15 year and have a beautiful view and she does not want to look at a stairway. She
was concerned that construction would cause the hill to erode.
Vice-Chair Frymier asked Mrs. Kell what could be.done in her mind that would make the project
approvable. Mrs. Kell requested that the applicant stay within the original parameters that
everyone else respected. She said they would be doing a renovation in the future, but they would
never consider infringing on their neighbor's views or privacy.
Mr. Lanyadoo said he took the neighbors' concerns to heart, but he felt it was unfair for the
Board not to approve his request for something smaller than what neighbors had. He noted that
the Kells had enclosed their entire deck.
The Chair closed the public hearing.
Boardmember Teiser saId that the privacy impact was due to the fact that the neighbor had built
out, so now anything that that goes further out for the applicant would look back at the
neighbors. He believed people do not tend to stand on the stairs and look back into other
people's units and there would be little traffic going up and down the stairs. He stated that the
design was not overly intrusive and thought that the applicant took the Board's and neighbors'
concerns into consideration.
Vice-Chair Frymier felt the applicant had made significant improvement, based upon what she
read in the minutes. She stated that there are a variety of homes and designs in this area and felt
that if this had been a subject to the CC&R's of a homeowners' association, the project might be
viewed differently. She noted that the Kell's staircase also projects outward. She supported the
revised design and felt the applicant was asking for what was fair.
TIBURON D.R.B. MINUTES #18
10118/07
2
Boardmember Corcoran said he was surprised with the design and thought that a compromise
design to the original proposal would involve pulling the deck back. He felt that the design looks
like a high set of stairs and he did not see any other homes that have this feature. He said that he
did not see as much diversity of design as Vice-Chair Frymier, but noted that there were some
enclosed patios and stairways. He said there were no CC&R' s to prevent changes. He agreed
with Boardmember Teiser that the fact that the Kells had enclosed their deckwas unfair to the
other neighbors, as this extends their privacy needs another 10 feet out. He noted the receipt of a
couple of letters and a neighbor who spoke in opposition and he is concerned that the project
would look like a one-and-a-half story set of stairs that would cause privacy impacts. He said he
could not support the request, as it does not fit the character of the complex.
Boardmember T eiser asked if the steepness of the stairs complied with the Building Code.
Planning Manager Watrous said this would be something the building official would have to
determine.
Chair Doyle said he believed the addition to the neighbors' home was completed prior to the
current owners moving in. He felt the deck on the second floor was fine and noted that the Kells
also have stairs extending beyond their walls. He said that right now, the neighbors' view is
toward a wall, not the Golden Gate Bridge. He wondered if it might be better to install a circular
stairway. He said that the stairs would stick out a little bit but it was only 11 feet high and it felt
like it would not be a long stairway.
Boardmember Teiser said he felt it was not so much an issue of aesthetics and did not feel the
proposal would violate privacy. Boardmember Corcoran agreed that the privacy concern was not
that big of an issue, however he believed the proposal is not the right design and not a
compromIse.
ACTION: It was MIS (TeiserlFrymier) that the project is exempt from the
provisions of the California Environmental Quality Act and approving the
project with the attached conditions of approval. Vote: 3-1 (Corcoran
voted DO).
1.
490 RIDGE ROAD
DUNPHY, NEW DWELLINGN ARIANCES
The applicant is requesting Design Review approval for the construction of a new
two-story single-family dwelling on property located at 490 Ridge Road. The subject
property was previously developed with a two-story single-family residence which
has been demolished. The applicant therefore submitted an application for
construction of a new residence with variances for reduced side yard setback and
excess lot coverage. The application was reviewed by the Design Review Board on
August 16, 2007. At that time, it was noted that several changes had been made to
the previously approved plans, including an increase in the roof height of up to 3
feet. Several neighbors with views across the property objected to the revised plans,
citing intrusion into their views toward San Francisco Bay and the Golden Gate
Bridge. The Design Review Board shared these concerns and continued the request,
TIBURON D.R.B. MINUTES #18
10/18/07
3
Design Review Board
T own of Tiburon
Attention: Mr, Scott Phillips~ Assistant Planner
LATE MAil # E-7
i\ i i;
RE: Application for Variances
78 Red Hill Circle, Lanyadoo
Assessoror's Parcel No. 058-212-21 (SP)
Dear Sirs,
We live next door to the above property, at 80 Red Hill Circle. We are asking the Design
Review Board to deny the Lanyadoo' s request for a variance to extend their main floor
deck beyond the privacy wall. This proposed deck extension would be an'invasion of our
privacy because people standing on their deck could look into our living room.
All the homes in this development on the south side of Red Hill Circle were designed
with walls between the units to protect view and privacy. The proposed variance would
extend the Lanyadoo' s main floor deck beyond the privacy wall between our units. There
is no precedent for this in any of the 23 units in this development.
Secondly, this construction would greatly devalue our view and therefore our property
value. All these units were designed so that the wonderful views do not include the main
floor or upper floor decks of one's neighbors.
Thirdly, the privacy walls also help to act as a sound barrier between outdoor decks. The
noise level from the Lanyadoo' s deck is already difficult for us to tolerate- loud talking,
laughing and yelling without regard for neighbors.
Again, we ask that the Board deny this application and insist that the Lanyadoos new
main floor deck not extend beyond the end of our unit. We would be pleased to have the
Board visit our home to see first hand how this deck extension would invade our privacy,
devalue our property and set a precedent.
Sincerely,
Lt~.M fj(lliL
David and Beverlee Kell
Note: Courtesy Notice received 8/27/07 allowing only 4 days to respond by letter.
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Hugo Hermann
76 Red Hill Circle
Tiburon, CA 94920
415-435-1296
9/4/07
To: Design Review Board, Tiburon
RE: Deck Variance
78 Red Hill Circle, Tiburon
I strongly object to my next door neighbor's request for permission
to enlarge his deck. I value my privacy and my way of life. I live quietly on
my deck and entertain friends there often.
Expansion of the neighbor's deck beyond the usual size would not
be good for our neighborhood. The neighborhood development was
designed with respect for complete privacy of our living room floor and
bedroom floor levels.
I am concerned that the enlarged deck would make it possible for
people to peer around the comer into my deck.
I am also concemed that an enlarged deck would accommodate
more people and along with the hot tub would result in even more noise.
The sound barrier between our units would be reduced.
I hope you will respect what I am telling you and not permit this
intrusion into my privacy and lifestyle that I have enjoyed for so many
years.
Sincerely,
Ill' If ....I\,.u... ~
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Hugo ~rmann
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