HomeMy WebLinkAboutTC Agd Pkt 2008-04-02 (2)
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
April 2, 2008
Agenda Item: fH _ /
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Town Manager & Community Development Department
Subject:
Consolidation the Parks & Open Space Commission and the Bicycle &
Pedestrian Advisory Committee into a newly-established Commission by
Amending Title I, Chapter 2 (Administration) and Title V, Chapter 18
(Parks, Open Space & Recreational Lands )----Ordinance (Introduction and
First Reading) and Resolution Establishing the new Commission
Reviewed by:
BACKGROUND
At the Town Council-Staff retreat in July, 2007 the Town Council directed Staff to explore
possibilities and make recommendations to the Town Council for reducing, consolidating, or
restructuring existing boards, commissions and committees. Specific suggestions by
Councilmembers included considering the Bicycle-Pedestrian Advisory Committee (BP AC) and
the Parks and Open Space Commission (POSC) for consolidation and restructuring into a new
Commission. One name suggested for the new Commission at the retreat was the "Community
Facilities Commission". In furtherance of the Town Council's direction, Staff collected data on
various boards and commissions and has prepared a possible scenario for consolidation for
consideration by the Town Council.
ANALYSIS
Exhibit 1 contains information regarding the Town's appointed boards and commissions that
were. reviewed as part of the consolidation issue. This includes information on the duties and
functions of the boards and commissions, as well as meeting frequency and other items relevant
to workload and activity. Exhibit 2 is a draft resolution establishing the new commission, and
Exhibit 3 is a draft ordinance amending affected portions of the Tiburon Municipal Code.
In Staffs opinion, the data collected and experience over the past several years of actual
operation provide support for consolidating the POSC and BP AC, while providing little support
for making changes to the Planning Commission, Design Review Board, or Heritage & Arts
Commission. Staff concludes that none of the functions of any existing boards or commissions
would be lost as a result of the consolidation and that efficiencies in operation could be achieved.
ISSUES
Should the Town Council choose to move forward with consolidation, there are several issues
that should be discussed and resolved in formulating the structure and duties of any newly-
formed commission. To that end, Staffhas drafted a resolution and an ordinance effecting the
consolidation of the POSC and BP AC into a new commission, tentatively named Parks, Open
Space and Trails (POST) Commission. Please note that this name is only a suggestion and it may
be that a more appropriate name is found. The POST Commission would also assume the
function of the Town Council appointed ad-hoc Lanes and Paths Committee, formed in 2000,
which would be formally dissolved. Staffbelieves that the resolution and the ordinance are the
basic implementing documents required to perform the consolidation from a regulatory
standpoint. Advertising, interviews and appointments to the new commission would also be
required. Staff envisions that all existing non-elected members of the POSC and BP AC would be
eligible and welcome to apply for a position on the new commission, as would other peninsula
residents.
SPECIFIC ISSUES TO BE CONSIDERED
Assuming the draft resolution is headed in a direction acceptable to Town Council, some of the
specific issues to be considered and resolved are:
1. Duties of the commission
Proposed duties of the new commission are listed in the attached resolution. Are they appropriate
and comprehensive? This is the key consideration in forming this new body.
2. Size of the commission
The Council itself, as well and the Planning Commission the Design Review Board and the
POSC, are all five member boards. Staff believes this is the appropriate number for this body as
well, but recognizes the unusual circumstance that results from collapsing two existing boards
into one. To address this, Staff recommends that the initially formed new commission be
comprised of seven seats, but that this number be reduced to five either through attrition or
though subsequent Town Council action in the future. The staggered nature of the terms to which
new members would be appointed will provide multiple opportunities in future years to phase out
seats if so desired. Alternatively, Council may wish to limit this body to five members from the
outset.
3. Requirement for residency
Staff recommends setting up the potential for a five-two split for Tiburon resident/non-resident
members. There would be the option for appointment of two non- Tiburon residents, but it would
not be a requirement. If the commission shifts to five members, staff recommends the number of
non-residents drop to one.
4. Frequency of meetings
The Resolution sets the new commission's meeting schedule as: "should meet at least quarterly,
but may meet more or less often as needed". This language provides flexibility to hold more or
fewer meetings as demand requires, without an absolute requirement to meet in the absence of
business. Staff notes that the commission would be subject to California's Open Meeting Laws
~~~.~~!,!.E~~~~~~~~?J~!.~~~~EEoper.ad~_,:~e n~!ice 0 f ~~y ~eeti~~~_~_~ld. _._~,,_._w__~.~._.~..w.w_w.~...,
nFI
5. Staffing
Staffing levels for the new commission would be determined by the Town Manager. Staff
envisions that the Public Works Department and Community Development Department would
share the staffing of this Commission, with Police Department personnel and other Town staff
present on an as-needed basis.
6. Name
The original concept for a new name was Community Facilities Commission. An Internet search
suggests this is a commonly used name in communities across the country. An alternative name
has surfaced: POST (Parks, Open Space and Trails). This has the virtue of being easy to
remember and pronounce, and its words incorporate the appropriate concepts. If the ultimate
name includes the phrase "community facilities" as initially suggested, staff wants to point out
that the intention would be for that to mean recreational facilities, not all public facilities such as
the Corporation Yard, Town Hall, etc.
FUTURE ACTIONS NEEDED
Should the Town Council choose to move ahead with the consolidation at this time, there are a
few POSC-related sections of the Zoning Ordinance that would need to be repealed through
separate action following Planning Commission review. Staff would schedule a Planning
Commission hearing for those items for April and plan to return with them to the Town Council
in May.
RECOMMENDATION
Staff recommends that the Town Council:
1. Take any public comment and deliberate on this item.
2. Discuss and provide direction on remaining issues.
3. Move to read by title only and introduce the draft ordinance.
4. Continue the item to the meeting of April 16, 2008 for second reading of the
ordinance and adoption of the draft resolution.
EXHIBITS
1. Information on Existing Boards and Commissions
2. Draft Resolution
3. Draft Ordinance
Prepared by: Peggy Curran, Town Manager c)~
Scott Anderson, Director of Community Development ~
C:\Documents and Settings\sandersonlLocal Settings I Temporary Internet FileslOLKI 58\consolidation report april 2 08.doc
EXHIBIT 1
INFORMATION ON EXISTING BOARDS AND COMMISSIONS
Planning Commission
The Planning Commission was established in 1965 (Ord. 45) to serve as the
planning agency for Tiburon, pursuant to the State Planning and Zoning Law, which
requires that each jurisdiction have a planning agency to carry out the purposes of
the Planning and Zoning Law.
The duties of the Planning Commission, as enumerated in Section 16-3.4.1 of the
Municipal Code, include the following:
);> To review and approve or deny zoning permit applications
);> To review and recommend action to the Town Council regarding general plan
and zoning amendments, and major subdivisions
);> To serve as the Town's planning agency, pursuant to the Government Code
);> To maintain a viable general plan
);> To interpret the zoning ordinance and the general plan
);> To supervise the administration of the zoning ordinance
);> To review the capital improvement program of the Town and make
recommendations to the Town Council
);> To review and amend the Town's design guidelines
Currently, the Planning Commission performs all of the duties assigned to them. The
Planning Commission currently has five members who serve staggered four-year
terms. The Planning Commission has also served as a training ground for future
Councilmembers. Four of the five current members of the Town Council previously
served on the Planning Commission.
Design Review Board (ORB)
The Board of Design Review was first established in 1967 (Ord. 71) to hear and
decide applications for permits and approvals for signs, design, architecture and
private master and development plans. Originally, the Board of Design Review
consisted of three members of the Planning Commission. Over the Town's history
the makeup of the Board of Design Review has changed, but there has been a board
in place to hear and decide design review applications since 1967. The current
duties of the Design Review Board are listed in Section 16-3.2.1 of the Municipal
Code and include the following:
);> To review and approve or deny applications for site plan and architectural
review
);> To review and approve or deny applications for variances associated with
site plan and architectural review
The ORB, made up of five members, currently performs these functions at regular
meetings held the 1 st and 3rd Thursdays of each month.
I
EXI-IIBIT NO.
Parks & Open Space Commission (POSC)
In 1970, the City Council established a Parks and Recreation Commission (Ord. 63
N.S.), a seven member commission, who were charged with developing a master
plan for open space, hiking trails, paths, parks, and playground and recreation areas.
The Parks and Recreation Commission were also charged with proposing an annual
budget for recreational programs and facilities and for reviewing all plans and
programs of the City relating to parks and recreation.
The current duties of the Parks & Open Space Commission are prescribed in Section
16-3.7.1 of the Municipal Code and include the following:
);> To submit recommendations to the Town Council on matters of policy
pertaining to parks and/or open space lands
);> To submit an annual report to the Town Council assessing the short and long
term needs for additional parklands and improvements; develop plans and
recommendations for meeting those needs
);> To periodically review all plans of the Town affecting park and open space
and make recommendations to the Planning Commission and/or Town
Council concerning implementation of those plans
);> To review and make recommendations on zoning permits concerning parks
and open space
);> To submit, annually, a proposed budget for the acquisition or improvement of
park and open space lands
The POSC performs several of the duties, but does not submit an annual report on
parkland needs or an annual budget for parkland acquisition or improvement.
Heritage & Arts Commission (H&A)
Resolution No. 667 assigns the following duties to the Heritage & Arts Commission:
);> To recommend the appropriate selection, placement, modification and
maintenance of art and historic objects on the Tiburon Peninsula for
protection, enhancement or perpetuation.
);> To recommend street names having historic significance for newly
constructed streets.
);> To review and make recommendations on the request of any group
interested in artistic displays at Town facilities.
H&A performs these duties, with the exception of recommending street names, a role
that has been performed by the Community Development Department.
Bicycle/Pedestrian Advisory Committee (BPAC)
The Bicycle/Pedestrian Advisory Committee (BPAC) was formed as an "ad-hoc,
single-purpose, limited duration" committee in 1999 to provide input to the
countywide pedestrian and bicycle master plan. The BPAC has been active since
January 2002 implementing the Town's Bicycle and Pedestrian Master Plan.
In 2004, the Town Council adopted a resolution (No. 41-2004) reaffirming the role of
the BPAC to report to and advise the Town Council, its staff and committees, other
agencies, and public interest groups on bicycle and pedestrian matters affecting the
Town. The resolution also declared that the BPAC should perform this function
"without duplicating the work of staff or committees."
The tables below provide statistics about the boards and commissions meetings
between 2002 and 2007. Information was not compiled for the Heritage & Arts
Commission.
Table 1: Comparative Meeting Information
PC ORB POSC BPAC
15 21 6 9
30 77 17 41
30:00 45:30 10:00 11 :30
109 274 28 3
T bl 2 M r
H Id P Y 2005 2007
a e eelngs e er ear -
Meetings Held POSC BPAC
Year 2005 3 8
Year 2006 3 7
Year 2007 5 9
Since becoming active in 2002, the BPAC has provided advice on pedestrian and
bicycle matters to the Town through Staff and communications with the Town
Council and other bodies and commissions.
BOARDS & COMMISSION IN OTHER MARIN COUNTY JURISDICTIONS
Staff conducted a survey of other comparable Marin County cities (excluding San
Rafael and Novato) to learn the types of boards and commissions that serve those
communities. Each city or town has unique issues and needs to address; however,
knowledge of the different cities and towns' use of boards and commissions is a
useful tool in assessing Tiburon's current structure.
The table below provides a list of the boards and commissions that exist in the small
cities of Marin County, along with the frequency. Every city has a Planning
Commission, which is required by State law. In Ross, the Town Council sits as the
Planning Commission. In all other communities, the Planning Commission is
appointed.
Table 3: Boards and Commissions in Other Marin County Municipalities
Board/Commission Marin County Cities (excluding San
Rafael and Novato) with Board or
Commission
Planning Commission 9
Parks & Recreation Commission 6
Historic Preservation 4
Board/Comm ission
Library Board 4
Design Review Board 3
Arts Comm ission 3
Disaster Committee 3
Parks & Open Space 2
Comm ission
Open Space Comm ittee 2
Bicycle/Pedestrian Advisory 2
Comm ittee
Tree Committee 2
Volunteer Board 2
RESOLUTION NO. XX-2008
A RESOLUTION OF THE TOWN COUNCIL
OFTHE TOWN OF TIBURON ESTABLISHING THE
TIBURON PARKS, OPEN SPACE & TRAILS COMMISSION
AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON
WHEREAS, in 1970 , by adoption of Ordinance No. 63 N.S., the Tiburon City
Council created a Parks & Recreation Commission, subsequently renamed the Parks & Open
Space Commission, among whose duties were to develop a master plan for open space,
hiking trails, paths, parks and playground and recreational areas for the recently-incorporated
and rapidly growing municipality; and
WHEREAS, in 1990, by adoption of Ordinance No. 360 N.S., the Town Council re-
structured the Parks & Open Space Commission and assigned revised duties for this body,
reflecting the slowing pace of development and the transition away from large-scale
acquisition of public parks and open spaces; and
WHEREAS, in 1999, the Town constituted an ad-hoc Bicycle Pedestrian Advisory
Committee (BP AC) to develop the bicycle and pedestrian portions of the Tiburon element of
the Marin County Master Congestion Management Plan; and
WHEREAS, in July 2004, the Town Council adopted Resolution No. 41-2004 re-
constituting the membership and reaffirming and expanding the role of the BP AC; and
WHEREAS, the Town Council recognizes the continuing evolution of the community
and the need to periodically review, reassess and reformulate the role of appointed advisory
boards, committees, and commissions; and
WHEREAS, the Town Council has determined that opportunities exist to reformulate
certain appointed advisory bodies in order to reduce duplication of effort and improve
efficiency of limited Town resources and staffing; and
WHEREAS, the Town Council has determined that considerable overlap of advisory
review authority exists between the Parks & Open Space Commission and the Bicycle-
Pedestrian Advisory Committee and that a restructuring and consolidation of these appointed
bodies into a new Parks, Open Space & Trails (POST) Commission is appropriate at this
time; and
WHEREAS, the Town Council has initiated by ordinance the dissolution of the Parks
& Open Space Commission, and herein resolves to disband the Bicycle-Pedestrian Advisory
Committee in its current form as well.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 41-2004, adopted by
the Town Council on July 21,2004 and setting forth the expanded role of the Bicycle-
Pedestrian Advisory Committee, is hereby rescinded.
EXHIBIT NO. ~
Tiburon Town Council
Resolution No. XX-2008
--/--/2008
1
BE IT FURTHER RESOLVED that the Town Council hereby dissolves the ad-hoc
Lanes and Paths Committee, appointed December 6, 2000, effective immediately.
BE IT FURTHER RESOLVED that the Town Council, pursuant to Chapter 2, Article
VI of the Tiburon Municipal Code, does hereby establish the Tiburon Parks, Open Space &
Trails (POST) Commission as an official standing body of the Town of Tiburon and sets
forth its duties and qualifications, procedures for appointment and removal, terms of office,
and other such information as necessary for the proper appointment and functioning of the
POST Commission, as follows:
1. Duties and Functions. The duties of the POST Commission are advisory and
may supplement, but not supersede, the duties of a board or commission
established by ordinance. The duties and functions of the POST Commission
are established as follows:
(a) Serve as the official Bicycle-Pedestrian Advisory Committee of the
Town of Tiburon, pursuant to State Transportation Control Measure
No.9 and Metropolitan Transportation Commission Resolution No.
2178, or successors thereto. In that capacity the POST Commission
shall advise and make recommendations to the Town Council, Town
Staff and other Town boards and commissions on bicycle and
pedestrian matters affecting the greater Tiburon Peninsula (including
the City of Belvedere, Strawberry, and any unincorporated portion of
the greater Tiburon Peninsula). The scope of "bicycle and pedestrian
matters" is intentionally broad as used herein.
(b) Periodically review the Tiburon Bicycle & Pedestrian Master Plan, and
make recommendations to the Planning Commission and Town
Council regarding updates to said Master Plan.
(c) Periodically review the parks and recreation element of the Tiburon
General Plan and make specific recommendations to the Planning
Commission and Town Council regarding contents of that element.
(d) Submit periodic recommendations to the Planning Commission and
Town Council on matters of policy pertaining to park and/or open
space lands under the jurisdiction of the Town, including their
acquisition, maintenance, improvement, and operation.
(e) Pursuant to Chapter 18 of this Code, review and make
recommendations to the Town Council on any rules or regulations set
forth by the Town Manager for parks, open space, or recreational lands
under the control of the Town of Tiburon.
(f) Assist with the organization and implementation of Town-sponsored
or Town-supported events such as Coastal Cleanup, public facility
dedications and fund-raisers, and similar activities.
(g) Upon formal request from the Town Council, Town Staff, Planning
Commission or Design Review Board, study and provide
recommendations on any zoning permit or other matter involving
public recreational facilities within the Town of Tiburon.
Tiburon Town Council
Resolution No. XX-2008
--/--/2008
2
2. Membership & Qualifications. The POST Commission shall initially be
comprised of seven (7) members whose qualifications shall be as follows:
(a) Five (5) members who must live in the Town of Tiburon.
(b) Two (2) members who may live or work in Tiburon or on the greater
Tiburon Peninsula (including the Town of Tiburon, City of Belvedere,
Strawberry, or any other unincorporated portion of the Tiburon
Peninsula) and have knowledge and/or experience with bicycle and/or
pedestrian issues.
(c) Non- Tiburon resident members shall recuse themselves from an item
in those instances where there is a perceived conflict of interest with
Belvedere, the Strawberry area, the Paradise Drive unincorporated area
or wherever (outside of Tiburon) a member resides or owns property.
(d) It is the intent of the Town Council that the POST Commission
eventually be comprised of five (5) members. The Town Council
may, through attrition or other means, adjust the membership and
qualifications as deemed appropriate.
3. Appointment and Removal of Members. Members shall be appointed by the
affirmative vote of a majority of the Town Council, and may be removed by
affirmative vote of a majority of the Town Council.
4. Terms. The term of office of the POST Commission members shall be four (4)
years, except that to promote continuity of experience and expertise, the initial
appointments for terms beginning on March 1, 2008 shall be staggered terms as
follows:
a. Two (2) members shall be appointed to terms that shall expire on the last
day of February, 2010;
b. Two (2) members shall be appointed to terms that expire on the last day of
February, 2011;
c. Three (3) members shall be appointed to terms that expire on the last day
of February, 2012.
All subsequent appointments shall be for terms of four (4) years, except that
appointments to fill a vacancy where there is an unexpired term shall be for the
balance of the unexpired term only.
5. Procedures. The POST Commission shall annually elect its own officers, which
shall be a Chairman and a Vice-Chairman, and shall adopt such rules and
regulations as it may deem necessary for the conduct of its duties. Election of
officers shall be at the first meeting held after June 30 of each year. The POST
Commission shall have the authority to appoint subcommittees of less than a
quorum of its members, either standing or ad hoc, as it deems necessary or
appropriate to fulfill its duties.
6. Staffing. The Town Manager or a Town Manager-designated representative or
representatives shall serve as staff to the POST Commission and as liaison
Tiburon Town Council
Resolution No. XX-2008
--/--/2008
3
between the POST Commission and Town Council, Town Staff, and other Town
boards and commissions, and shall also serve as an ex-officio recording secretary
for the POST Commission.
7. Meetings. The POST Commission shall adopt a regular schedule of meetings and
should meet at least quarterly, but may meet more or less often as needed.
Meetings are subject to State of California open meeting laws (i.e., the Brown
Act) and shall be open to the public and notices of meetings shall be posted and
distributed in accordance with state law.
BE IT FURTHER RESOLVED that the Town Council hereby directs that henceforth,
for prospective use purposes, all references in Town documents to the "Parks and Open
Space Commission" shall mean the "Parks, Open Space & Trails Commission".
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2008, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFFREY SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S:\AdministrationITown Co uncil I Staff Reports\2008\April2 DRAFTS\POST Resolution revised 3-24-08. doc
Tiburon Town Council
Resolution No. XX-2008
--/--/2008
4
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING VARIOUS CHAPTERS OF THE MUNICIPAL CODE TO
DISSOLVE THE PARKS & OPEN SPACE COMMISSION
AND TO TAKE RELATED ACTIONS
Section 1.
Findines.
WHEREAS, the Town Council has determined that revisions to the Town's
Municipal Code are necessary to implement organizational changes involving the
dissolution of the Town's Parks and Open Space Commission and Bicycle-Pedestrian
Advisory Committee and the reconstitution of those bodies into a new Commission; and
WHEREAS, the Town Council has held public hearings on , 2008
and , 2008, and has considered any and all public testimony received on
this matter; and
WHEREAS, all notices and procedures required by law attendant to the adoption
of this Ordinance have been followed; and
WHEREAS, the Town Council has found that the proposed Town Code revision
is consistent with the goals and policies of the Tiburon General Plan and other ordinances
and regulations; and
WHEREAS, the Town Council has found that adoption of this ordinance is not a
"project" as defined by the California Environmental Quality Act (CEQA) and is
therefore exempt from the requirements of CEQA.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Tiburon as follows:
Section 2.
Municipal Code Amendments.
A. Title I, Chapter 2 [Administration], Article V [Parks and Open Space
Commission] of the Tiburon Municipal Code is hereby repealed in its entirety.
B. Title V, Chapter 18, [Parks, Open Space & Recreational Lands], Section 18-1 of
the Tiburon Municipal Code is amended to read as follows:
The town manager is authorized to set forth rules and regulations as
deemed proper and necessary to regulate and govern the use, operation,
control and maintenance of those parks, open spaces, and recreational
Town of Tiburon
Ordinance No.
N.S.
Effective --/--/2008
EXHIBIT NO.~
lands under the control of the town. Any such rule or regulation shall be
promptly transmitted to any standing advisory body, should one exist,
having oversight of parks and/or open spaces, for its prompt review and
recommendation to the town council. Any such rule or regulation shall be
effective thirty days from its referral to said commission unless
disapproved by the town council within that time period.
Section 3. Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance. The Town Council hereby declares that it
would have passed this and each section, subsection, phrase or clause thereof irrespective
of the fact that anyone or more sections, subsections, phrase or clauses be declared
unconstitutional on their face or as applied.
Section 4. Effective Date.
This ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after its passage the same, or its
legally required equivalent, shall be published with the names of the members voting for
and against the same, at least once in a newspaper of general circulation published in the
Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon held on ,2008, and was adopted at a regular meeting of
the Town Council of the Town of Tiburon held on , 2008, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
JEFFREY SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: \Administration I Town CouncillStaff Reports 12008 \April 2 DRAFTSIPOSC dissolution ordinance revised 3-24-08. doc
Town of Tiburon
Ordinance No.
N.S.
Effective --/--/2008
2
TOWN OF TIBURON
_ 1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
April 2, 2008
Agenda Item: r H - 2-
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Community Development Department
430 Ridge Road; De Novo Review of a Site Plan and Architectural
Review Application for Exterior Modifications to an Existing
Single-Family Dwelling
fi?/
Subject:
Reviewed By:
PROJECT DATA
OWNER:
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
SUMMARY
MARK & LYNN GARAY
430 RIDGE ROAD
059-082-22
707071
21,420
RO-2 (SINGLE-F AMIL Y RESIDENTIAL-OPEN)
M (MEDIUM DENSITY RESIDENTIAL)
C
The Town received a Site Plan and Architectural Review application on June 1,2007, for the
construction of exterior modifications to an existing single-family dwelling under construction at
430 Ridge Road. The applicant requested approval to raise several stone veneer panels at the
front of the home (north elevation) fifteen inches in height. The application states that the
modification would result in a design feature that was more architecturally integrated into the
home. A second effect of the raised panels would be to largely conceal several skylights along
the rooftop, which are currently screened by surrounding shrouds that were required by the Town
Council during the resolution of an earlier appeal.
On June 19,2007, Staff approved the application for exterior modifications, with the condition
that the skylight shrouds could be removed, following installation of the raised stone veneer
panels. On June 26, 2007, the owner of the neighboring property at 440 Ridge Road appealed
this decision to the Design Review Board on the grounds that the design of the raised panels was
unknown when compared to the shrouds in their finished state. The neighbor was also concerned
that the construction process for the larger remodel project was lengthy. The Design Review
Board reviewed this appeal on July 19,2007, and voted 4-0 to grant the appeal, denying the
extension of the raised panels and causing the skylight shrouds to remain in place.
'[own C',nmcil!'v'IccUng
1,2008
On November 1,2007, the owners of the subject property, Mark and Lynn Garay, filed a petition
for writ of mandate and complaint for declaratory and injunctive relief with Marin County
Superior Court, challenging the Design Review Board's decision. As a compromise settlement of
this case, the Town and the Garays agreed that the Town Council would hold a hearing on the
merits of the application (see Exhibit 1)
REVIEW BY STAFF AND THE DESIGN REVIEW BOARD
The Tiburon Planning Division first reviewed the application as a Staff-level design review
application. On June 19, 2007, Staff approved the application to construct the exterior
modifications on the existing single-family dwelling under construction.
During the ten day review and comment period, the adjacent uphill property owners at 440 Ridge
Road objected to the proposal. They were concerned with determining the difference in
appearance with the extended panels compared to the previously approved skylight shrouds.
They also expressed frustration with the number of modifications made to the dwelling, and the
length of construction, as the home had been under construction for several years.
In response to these comments and concerns, Staff visited the residence at 440 Ridge Road on
June 18,2007, and took several photographs of the subject property from both the exterior and
interior of the home (Exhibit 2). The raised panels would block most of the view of the skylights
along the roof top. Between each panel, the neighbors at 440 Ridge Road would still be able to
view the rear of the skylights from the upper level master bedroom and the rear patio, which are
angled and currently surrounded by shrouds to help conceal the structural components. The
shrouds were placed around each skylight to create a more aesthetically pleasing appearance to
anyone who had a view of the rooftop. If the shrouds were removed, then portions of the angled
skylights would be visible. It should be noted that because the skylights are angled, only the
structural components of the skylight would be visible, and it does not appear that any light and
glare would be seen from the neighboring home.
Although the applicant has indicated that the intent of raising the stone veneer panels was for
architectural design reasons, the panels would in turn help to conceal the skylights. The fifteen
inch panel extension would not result in an element of the house that would be at a higher
elevation than the farthest edge of the roof, and therefore would not result in any additional view
impacts on the neighbors. A verbal request by the owners' contractor to remove the skylight
shrouds directly behind the raised stone panels was taken into consideration by Staff. Staff
opined that the uphill neighbors would have a more aesthetically pleasing view of the roof
without the "structures" surrounding these skylights, with the raised panels concealing these
portions of the roof. Staff approved the application with a condition of approval that allowed the
applicant to remove the shrouds if they so choose (Exhibit 3).
On June 26, 2007 the uphill neighbor located at 440 Ridge Road, Fred Hannahs, filed a timely
appeal of this decision (Exhibit 4). The Design Review Board reviewed the appeal at its July 19,
2007 meeting.
Discussion by the Board revolved around the appropriateness of the design, the permit history of
the property, and the necessity of the skylight shrouds to prevent light impacts on the uphill
P;lgC :2 -4
'Town C',1uncHVlccting
April 2, 2008
neighbor. It was the consensus of the Board that the skylight shrouds should remain, and the
Board supported the appellant's objections to the raised panels. The Board voted 4-0 to direct
Staff to return with a resolution granting the appeal. The Board adopted Resolution No. 2007-04
(Exhibit 5), granting the appeal at the August 2,2007 meeting.
GROUNDS CHALLENGING DESIGN REVIEW BOARD'S DECISION
The owners of the subject property, Mark and Lynn Garay, filed a petition for a writ of mandate
and complaint for declaratory and injunctive relief with Marin County Superior Court on
November 1,2007. The writ challenged the findings made by the Design Review Board in its
decision to grant the appeal, contrary to the direction expressed by Staff, on the basis that there
was no substantive evidence in the record to support the Boards findings.
The writ states that no evidence was presented to the Board in that the angled skylights would
allow light to be visible to the uphill neighbors in the absence of the shrouds. The writ also states
that there was no evidence in the record that the panel extensions would be unsightly. The
minutes of the Design Review Board meeting (Exhibit 6) indicate that concerns were raised
about the possibility of light and glare from the skylights if the shrouds were removed. It was the
consensus of the Board that the shrouds should remain, as the raised panels would not effectively
screen the skylights from the uphill neighbors. When Staffviewed the raised panels from the
uphill neighbor's master bedroom and living room, the skylights were only marginally visible
between the panels. Removing the shrouds would lessen the visual impact on this uphill
neighbor, as they would no longer see small "structures" along the rooftop behind the raised
panels. Staff had previously made the determination that the raised panels would effectively
screen potential light and glare from the skylights, because the skylights would be angled away
from the uphill neighbors. The angle of the skylights, combined with the limited visibility of the
skylights between the panels, should minimize any potential light and glare impacts. It should be
noted that the condition of approval gave the applicant the option to remove the shrouds but did
not require their removal.
Staff viewed the raised stone veneer panels as an integrated architectural feature, in that it would
not be unsightly when viewed from the uphill residence. The panels would aid in screening the
skylights located directly behind the panel extensions, and would not obstruct additional views
for the uphill neighbor. Staff had approved this exterior modification consistent with the guiding
principles for site plan and architectural review, Tiburon Zoning Ordinance Section 16-4.2.7 (f),
(Exhibit 7), which encourages projects in which "the architectural style and exterior finish are
harmonious with existing development in the vicinity and will not be in stark contrast with its
surroundings.". There was no evidence presented to the Design Review Board that the panel
extensions would be unsightly or in contrast with its surroundings. The Board asked the uphill
neighbor, Mr. Hannahs, his opinion of the panels and he stated that he objected to the proposal.
Although two of the Boardmembers expressed support for the panel extensions, the Board voted
4-0 to grant the appeal, thus denying the applicant the ability to raise the stone veneer panels, and
remove the skylight shrouds.
In staff s opinion, the raised panels would not be unsightly, and their installation would not block
views from the uphill residence. Removal of the shrouds was not a requirement, but merely an
option because staff concluded they would no longer be necessary to shield the skylights. In
addition, the requested exterior modification is unrelated to the on-going construction at the
Pdgt') -4
'["o\vn ('Guned IVlccting
/\priI2, 2008
subject site. In staff s opinion, the Board did not rely on any substantial evidence that the raised
panels would be unsightly and reached a conclusion that was not supported by evidence in the
record. Requiring the skylight shrouds to remain and permitting the raised stone veneer panels
would have been a more appropriate approval by the Board, in the opinion of staff.
PUBLIC COMMENT
As of the date of this report, no letters have been received regarding the subject application.
RECOMMENDATION
Staff recommends that the Town Council take public testimony on this item, close the public
hearing, deliberate upon the project merits, and direct staff to return with a resolution
conditionally approving this project.
Exhibits:
1. Letter dated February 5, 2008 re: Settlement Agreement
2. Photographs taken from 440 Ridge Road
3. Notice of Action dated June 19, 2007
4. Notice of Appeal dated June 26, 2007
5. Resolution No. 2007-04
6. Minutes of the July 19,2007 Design Review Board Meeting
7. Tiburon Zoning Ordinance Section 16-4.2.7 (f)
Prepared By:
Laurie Tyler, Associate Planner
Pdgl" 4 -4
FEB 05 2008 4:57PM
".., LASER JET 3200
Town ofTihwon. J5051iburon BouIev2zd .T1buron, CA 94920. P. 415.435.7373 F. 415,485.2438. ",ww.a..tibwol1.ca.l,ti
Office of the Town Attorney
(415) 435-7370
February 5, 2008
\1A FACSIWLE (510-524-8763) AND U.S. MAIL
John H. Dresslar, Esq.
1563 Solano Avenue, Suite 543
Berkel.ey, CA 94707
RE: GtuIJY \t. Town ofTlburon
Marin Superior Court No. CV 075196
Dear Mr. Dresslar:
This is to fonow up on our most recent conversations regarding the disposition
of the subject litigation challenging the Design Review Board's denial of
Mr. and Mrs. Garay's Site Plan and Architectural Review application~ We
agreed to the follo\\'ing tenns:
1. The Town Council would hold a de novo public hearing on the
Garays' application within 60 days. We have tentatively scheduled
that hearing for March 19th. but that date is subject to change by
mutual agreement, or due to circumstances beyond the Town's
control.
2. You :will delay serving the SUDUnons and complaint for the subject
case until the Town Council has completed its consideration of the
Garay application.
3.. The Council would apply the Town's Municipal Code and Design
Review Guidelines and consider all evidence in the record in
detennining whether to approve the application, conditionally approve
the applicatio~ deny or remand the application.
4. You ",ill dismiss the complaint in the subject case within 10 days of
the Council's denial, approval, approval with conditions, or remand of
the application. If your clients are dissatisfied with the Council's
denial, approval or approval with conditions of the application, their
sole remedy shall be a writ of mandate challenging the Council's
action.
5. If the Council remands the application to the Design Review Board
and your clients are dissatisfied with the Board's disposition of the
application, tbey shall have a right to appeal that decision to the
Council.
^;l
k?{;.~f,~:,*~\~.~.l ~~~~
,,~"'-i' '-~"?~~ . <'" 'I' --: ~'..
'.' M~j
On behalf of f\1ark and Lynn Garay.~ I acknowledge that this letter accurately reflect :~t~~
agreement of January 30, 2008. regarding the resolution of the claims raised in Garay v. i'11,.,;, ~I'~'~
q,(Tiburon, Marin Superior Court No. CV075196. '~!t&ll'
l~b.~jt
~~.;i,.t~i;j:,;J
r!~,~r~ :\;,?r~'!If:Y\
FED 05 2008 4:5?PM
I.p LASERJET 3200
rvlr. John H. Dresslar
February 5,2008
Page 2 of2
6. In the ev~t that the Council fails to t~e any action after hearing the
Garay app1ication~ this agreement will be of no further force and effect
and you may proceed with serving the summons and complaint.
If I have correctly described our agreement, please so indicate by signing
below on behalf of your clients. If you have any requested changes or
comments: please contact me to discuss them either at (415)435-7370 or
adanforth@1ci.tiburon.c~.us.
Yours truly,
~~~
Ann R. Danforth
Town. Attorney, Town of Tiburon
--..... ,
cc: Scott Anderson, Commtmity Development Director
Dan Watrous, Planning Manager
'.~.: '"
('" '-- - ."'-
'-
v.l (~~-,
~ '~ . - ... -". - . .
~ ;:-:';;.;:' ~~..;l~~~,~~!
I:
i}
; " . \< ",',
~l'~l~~"
';:Il~~~l,:j~~'
'ii!~:;,
'~"'flt
!I:'H!~'
!iMJ,,;;
, .' _c < ,. ...,~
. '. ....., '" 0>"
ii'" ~:~"I::;.':.f...~.~.,~'"
I~~,~'\tr~
I'l! ~~):t~r:j~~e
EXH~Nr,~:': o.
1i ~ ~.._...._ ,I .,.'.....
'_.1'1.;<;.\...1.....
r;:.. '~;1 j~" .
p.2
/
\ ~'
'l'.
" ~\_~# .t~'
-
4:_~..1.
PLANNING DIVISION
NOTICE OF ACTION
SITE PLAN & ARCHITECTURAL REVIEW APPLICATION
Mark and Lynn Garay
2-8 Greenwood Cove
Tiburon, CA 94920
Notice Date: June 19, 2007
ADDRESS: 430 Ridge Road
APPLICANT/OWNER: Garay
FILE NO.: 707071
PROJECT DESCRIPTION: Proposal includes raising the height of the approved
stone panels approximately 15 inches to conceal skylight shrouds on the north
elevation of the dwelling. The shrouds were a condition of construction and are not
visually appealing; therefore the raised stone panels will shield the shrouds.
ACTION: Approved with conditions.
1. The skylight shrouds are approved to be removed as part of this
application.
2. If this approval is challenged by a third party, the property
owner/applicant will be responsible for defending against this
challenge. The property owner/applicant agrees to defend,
indemnify and hold the Town of Tiburon harmless from any costs,
claims or liabilities arising from the approval, including, without
limitations, any award of attorney's fees that might result from the
third party challenge.
THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301.
NOTE: THIS DECISION APPLIES ONLY TO THE ITEMS MENTIONED IN THE WRITTEN "PROJECT
DESCRIPTION" DESCRIBED ABOVE. PLANS SUBMITTED TO THE BUILDING DIVISION FOR
PLAN CHECK SHALL BE IDENTICAL TO THOSE APPROVED BY PLANNING DIVISION STAFF. IF
ANY CHANGES ARE MADE TO THE APPROVED DESIGN REVIEW PLANS, THE PERMIT HOLDER
IS RESPONSIBLE FOR CLEARLY IDENTIFYING ALL SUCH CHANGES WHEN SUBMITTED TO THE
BUILDING DEPARTMENT FOR PLAN CHECK. SUCH CHANGES MUST BE CLEARLY
HIGHLIGHTED (WITH A "BUBBLE" OR "CLOUD") ON THE SUBMITTED PLANS. THE APPLICANT
SHALL ALSO SUBMIT AN ATTACHED LIST OF THE PROPOSED CHANGES FOR STAFF TO
REVIEW,
EXHIBIT NO. -3
GENERAL INFORMATION
(Please read before starting work)
APPEAL PROCEDURES:
Appeal of the Planning Division's decision may be made by the ~applicant or any
aggrieved person within five (5) working days following the date of the decision.
Appeals shall be filed with the Town Clerk and submitted in writing on the prescribed
form accompanied by the appropriate filing fee of $300. Appeals are scheduled
before the Design Review Board whose decision is final.
EXPIRATION OF APPROVAL:
All Site Plan and Architectural Review applications will expire and become null and
void three (3) years after the date of approval, unless a building permit has issued
before the date of expiration.
BUILDING PERMIT:
A building permit must be obtained from the Building Division prior to
commencement of any construction. Building permit application forms can be
obtained from the Building Division. Three (3) sets of complete, wet signed, plans
(including structural calculations, energy calculations, and soils report, when
required) must be submitted with the application form and the appropriate fees in
order to be plan checked by the Building Division. The building permit application
may be submitted at any time; however, no building permits will be issued until the
five (5) working day appeal period has ended, and the plan check process is
completed.
Please note the Planning Division is charged with conducting a compliance check
on applications which are submitted to the Building Division. Plans submitted to the
Building Division shall be identical to those approved by Planning Division Staff. If
any changes are made to the approved Design Review plans, the permit holder is
responsible for clearly identifying all such changes when submitted to the Building
Division. Such changes must be clearly highlighted (with a ububble" or "cloud") on
the submitted plans. The applicant shall also submit an attached list of the
proposed changes for Staff to review. A small fee may be charged for the
compliance check.
If you need further information on building permits, please contact the Building
Division at (415) 435-7380.
C: Mark Swanson
98 Main Street #222
Tiburon, CA 94920
EXHIBIT NO.
3
TOWN OF TffiURON
NOTICE OF APPEAL
JUN 267007
APPELLANT
~ '
I -- //A' / 1 \'
Name: (.~--1 q J..,::: /"1' ..,.. ! J< t:: V rr, IV /v/./1 (-I ~
Address: i '-/ D K I 0 L:;. c /2 1/ rl ()
Telephone: L//;-: 1".5 tJ - .I /1- 9 (Work) 1.( ( 6 - U3tJ - / / Z. C;
(Home)
ACTION BEING APPEALED
Body: ,i;;J t4 II ., ," I Iv? G ;7 / t/ /51 0 IV
Date of Action: ~./;!;/ d "7
Name of Applicant: /7.{ It K (<' -I- 1 v Jtj '" t:R R (:41 \/
Nature of Application: p~_L," I ~. I"'" r It 7 J{j':::;. t="
GROUNDS FOR APPEAL
(Attach additional pages, ifnecessary)
() BCfG: CT> 0 tU It? r1 fJ,b( / to 1 s T /<, /l (I J k: // ;:CIS'I 0 tU
,'- r> <<:::
1 ~ r', ./~ C 1 -I (~ i)
f...../::: r /.::- .,
/
Last Day to File: to/A r/o 7
I
Date Received:
6/;:6' /07
7/;9 /a7
, ,
Fee Paid:
t5h2 JJ7
Date of Hearing:
January 2004
EXHIBIT NO. +
Fred & Casey Hannahs
440 Ridge Road
Tiburon, CA 94920
415-435-1129
E-mail: fredkc@mindspring.com
This appeal is filed without any expectation that the staff and Board will be able to
improve or clarify their curent procedures.
1. On June 6th we received an email from the Garay contractor stating that he had erected
panels to indicate proposed shielding of skylights from our view. I spoke to Mr.
Swanson saying I wished to discuss the proposal with the planning staff and our attorney
and on June 9th we received a courtesy notice that the application had been filed on June
1st. On June 12th I spoke with the staff and was informed that the contractor had been in
on the previous day and requested an administratve authorized permission to erect four
four foot wide panels some 15 to 17 inches higher than the approved design. I asked to
see the plans that were submitted and was told that there were none and that they were
told to submit drawings. On June 18th two members of the staff visited our home,
checked the view from various rooms,took pictures and departed. On June 19th we were
given the opportunity to pick up the administrative decision saying the skylight shrouds
"are approved to be removed as part of the application". The remainder of the decision
was concerned with protecting the Town from any legalliabilty arising from this
decision.
We have not been able to make any evaluation of the color of the panel extensions (are
they dark, increasing the massiveness of the structure in our view?). As for esthetics,
what did the shrouds look like that they are removing?
As you may be aware, over the past ten years or so the town has granted numerous
variances and "as built" decisions to for this property and the record should indicate a
complete absence of modifying decisions or even rejection of Garay's relentless
encroachment on a view we had enjoyed over the past half century. (This morning I
received another email proposing an eight foot fence shielding the "spa area" which
would eliminate some more of our cherished view.
EXHIBIT NO. 4
You have seen fit to benefit Garay's property at our expense and we would appreciate it if
we could receive some indication as to your thinking. Are you intimidated by a lawyer
who is widely viewed as "bad news"? (He did threaten to bankrupt us if we did not
support his request fora variance). Have you adopted the Assessor's philosophy of
highest and best use of land - meaing maximum tax return? Is it that you are pursuing a
personal vendetta as member of the Board once informed me "We just wanted to show
you old mossbacks on Ridge Road that you don't run the town."
EXHIBIT NO. 4
RESOLUTION NO. 2007- 04
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE TOWN OF TIBURON
GRANTING AN APPEAL OF A STAFF LEVEL DECISION APPROVING
, ALTERATIONS TO AN EXISTING BUILDING LOCATED AT
430 RIDGE ROAD
ASSESSOR PARCEL NO 059-082-22
WHEREAS, the Design Review Board of the Town of Tiburon does resolve as
follows:
Section L Findinas.
A. On June 1, 2007, Planning Division Staff received a Site Plan and Architectural
Review application for an exterior modification to raise several stone veneer
panels at the front of the home (north elevation) fifteen inches in height to an
existing residence at 430 Ridge Road. The application consisted of an
application form, plans, and supplemental information filed by Mark and Lynn
Garay ("Applicants").
The official record for this project is hereby incorporated and made part of this
resolution. The record includes the Staff Reports, minutes, application materials,
appeal form, and all comments and materials received during the course of
review..
B. On June 19,2007, Planning Division Staff approved the referenced land
development application. A Condition of Approval was included which allowed
the owner to remove the skylight shrouds.
C. On June 26, 2007, the adjacent neighbor to the Applicants at 440 Ridge Road
filed a timely appeal of this decision to the Design Review Board.
D. The Design Review Board held a duly noticed public hearing for the appeal on
July 19, 2007, and heard and considered testimony from interested persons.
E. After hearing public testimony, the Design Review Board concluded that the
potential removal of the skylight shrouds would result in detrimental light and
glare on the uphill neighbors. In addition, the requested exterior modification to
inCrease the height of the stone veneer panels would result in an inappropriate
architectural modification which would be unsightly when viewed from the uphill
neighboring residence.
Tiburon Design Review Board Resolution No. 2007-04
August 2, 2007 1 5
EXHIBIT NO. '
F. The Board directed Staff (a vote of 4-0, Corcoran absent) to prepare a resolution
granting the appeal and denying the subject Site Plan and Architectural Review
application.
Section 2. Grantina of the Appeal.
NOW, THEREFORE, BE IT RESOLVED that the Design Review Board of the Town
of Tiburon does grant the appeal by denying application for Site Plan and Architectural
Review for the construction of the exterior modification to the existing residence
located at 430 Ridge Road.
PASSED AND ADOPTED at a regular meeting of the Design Review Board on
August 2,2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
BOARDMEMBERS:
FRYMIER, GLASSNER AND TEISER
NONE
DOYLE AND CORCORAN
NONE
/\
/ \
Vl ) .
CATHY R / ER, VICE-CHAIR
TIBURON DESIGN REVIEW BOARD
ATTEST:
/ ~
~/~-----r ./
LAURIE TYLER, AS lATE PLANNER
Tiburon Design Review Board Resolution No. 2007-04
August 2, 2007
2
Boardmember T eiser thanked the architect and the applicant for a great design that was well
integrated with the house. He recommended approval of the project with the additional
condition of approval requiring the garage to be set back two feet further from the roadway.
ACTION: It was MIS (Teiser/Glassner) that the application is exempt from the provisions
of the California Environmental Quality Act, and approve the application subject to the
conditions of approval as set forth in the Staff report, and with the additional
condition of approval that the garage be set back two feet further from the roadway to
comply with the Fire District requirements and Town policy. Vote: 3-0-1 (Frymier
recused).
Vice Chair Frymier returned to the meeting.
G. NEW BUSINESS BEFORE THE BOARD
4. 430 RIDGE ROAD
, ALTERATIONS/APPEAL
HANNAHS/GARAY, MINOR
An application was filed for a Staff-level Design Review approval on June 1, 2007, for the
construction of exterior modifications to an existing single-family dwelling, located at 430 Ridge
Road. The applicant requested approval to raise several stone veneer panels at the front of the
home (north elevation) fifteen inches in height, which would result in a design feature that was
more architecturally integrated into the home. The raised panels would also aid in concealing
several skylights along the rooftop, which were previously approved with shrouds around them.
On June 19, 2007, the Tiburon Planning Division approved the application and the owner of the
neighboring property at 440 Ridge Road has now appealed this decision to the Design Review
Board.
Fred Hannahs, appellant, voiced frustration regarding the procedures of administrative approval
and the review process for previous Design Review applications for this property. He was
concerned about impacts from removing the skylight shrouds, and said that it was unclear what
the shrouds would look like. He distributed a summary of the history of work to the home which
dated back to 1998. He felt the Town was being manipulated by the applicant and suggested an
ordinance be developed which would restrict piecemeal construction.
Mark Garay, applicant, said the only issue before the Board was consideration of the appeal for
raising the stone panels in front of the house. He said that drawings for the design of the shrouds
were available, and he presented a sample of the stone material for the panels. He felt the critical
question that should have been raised in the appeal was whether or not the raising of the panels
would impede the Hannahs' view. .He said Town Staff took photographs of the Hannahs' home
which shows no intrusion to their views, and he felt the panels would result in a better building
design. He said that during the course of the Town Council hearing on a previous appeal,
Councilmember Berger had made suggestions regarding the skylight designs.
Boardmember Glassner asked about the intended purpose of the shrouds and panels. Mr. Garay
said their house sits low and the driveway is high, and that as one drives down the driveway the
TIBURON D.R.B.
7/19/07
EXHIBIT3NO. b
view is one of an unsightly roof with the shrouds. He felt the panels would create a cleaner
roofline.
Boardmember Teiser confirmed that Mr. Garay had been heard before the DRB 7 or 8 times with
revisions on the original design. Mr. Garay noted that in each instance the Board and/or Town
Council approved every application.
The Chair opened the public hearing.
Miles Berger stated that he had made suggestions regarding the skylight design during the Town
Council review of a previous appeal and had discussed the proposed panel extensions with the
applicant~s architect. However, he said that there had been no discussion regarding removal of
the shrouds. He said the far edge of the roof is the area that bounds the Hannahs' views~ and the
question he felt that was before the Board is whether the raising of the panels would further
block or interfere with the views. He said there were gaps between the panel extension and he
felt the skylights could be visible from the Hannahs' house, and such light pollution would be
unacceptable. He suggested the shrouds should remain.
Paula Little said she had never appealed any application of the Garays to the Town Councilor
Design Review Board. She spoke about many of the changes that have gone on with this proj ect
over the years, and agreed with Staff that the raised panels would do nothing but improve the
appearance. She asked that any future changes be referred to the Board because of the fact there
have been so many project modifications.
Mr. Hannahs reiterated that he believed the Town was being used and manipulated and discussed
the impacts to neighbors from the ongoing construction and the history of previous applications
for this property.
The Chair closed the public hearing.
Boardmember T eiser felt the stopping and starting of construction and constant revisions since
1998 were the true aggravation for the neighbors. He said that the Town Council has discussed
sequential designs and how applicants return over and over with revisions and design changes~
although he did not know what should be done about the process. He agreed that the shrouds
should not be removed, as there was too much opportunity for light to filter through the panels.
He said that he was unsure whether the panels were much of an architectural issue.
Boardmember Glassner stated that the work on the property had been approved over time within
the guidelines of the T own~ and was an improvement to the property. He said that the applicant
has done a great job with their design, but he felt that there were technical issues with the
shrouds. He stated that the panels would not effectively block the view of the skylights and not
prevent light pollution. He felt the stone was beautiful, but he could not approve the project if the
shrouds were removed.
TIBURON D.R.B.
7/19/07
EXHIBIT NO.
4
6
Vice-Chair Frymier agreed that the shrouds should not be removed, but supported the panels.
She empathized with the neighbors having endured constant work over the last 10 years and
agreed that the process for situations where the project goes on and on should be reviewed.
Planning Manager Watrous noted the condition of approval could be amended to say the shrouds
cannot be removed by having the Board direct Staff to prepare a resolution partially granting the
appeal with the change in the condition of approval. He said if the appeal were granted, the
panels would not be approved.
Boardmember Glassner felt the project had gone on for some time and he encouraged completion
of the construction. He indicated that he did not want to see any more changes to this project.
Chair Doyle stated that he was tired of this project the first time he reviewed it on the Board. He
said that the panels would look better for the Hannahs and agreed the shrouds should not be
removed. He likened the on-going construction to a form of water torture for the neighborhood
and did not think it was fair for neighbors to have to live in a construction zone for so long.
Boardmember Teiser added that he did not see justification for the panels, as the color of the
stone materials would be too light and reflective. He confirmed with Mr. Hannahs that he
objected to the panels, and suggested approving the appeal without any changes in the
conditions. Boardmember Glassner and Vice Chair Frymier agreed and acknowledged that the
Hannahs did not support the panels.
ACTION: It was MIS (Teiser/Glassner) to direct staff to prepare a resolution granting the
appeal. Vote: 4-0.
5. 313 KAREN WAY DUNCAN, ADDITIONS
The applicant is requesting Design Review approval for the construction of additions to an
existing single-family dwelling located at 313 Karen Way. The additions would include two
extensions to the rear of the home and a concrete patio in between. The new living space would
include a new master bedroom suite and expansion to the family room / dinning room. The
proposal also calls for the addition of five new skylights and the reconfiguration of windows and
doors throughout the home. The chimney would also be relocated and changed to a narrower flue
style chimney.
Laura Conte, architect, said the proposal was a modest one-story addition extended to the rear of
the house, would include a new master bedroom suite and expansion of the family/dining room.
She said the addition was within all zoning requirements, the maximum ridge height would be no
higher than the existing hill and the original garage would also be maintained. She said there
was no effect on the neighbors, as they concentrated most of the windows toward the back of the
lot to face uphill or towards the courtyard. She said that they are proposing skylight~ which
would cause less impact to one neighbor and no light pollution.
There was no public comment.
TIBURON D.R.B.
7/19/07
EXHIBITsNO.
6
16-4.2.5.
16-4.2.5 Design review board as acting body.
The design review board shall be the acting body for all applications for site plan and architectural review,
except as otherwise provided in section 16-4.2.6. Hearings and decisions of the board shall be as set forth in sec-
tion 16-3.3 of the zoning ordinance.
The board shall meet and act on applications for site plan and architectural review within time limits applica-
ble under state law. The board shall determine from the reports and data submitted, supplemented by on-site in-
spections as the board may deem appropriate, whether the use and structures will meet the requirements and ob-
jectives herein, and shall, upon making affirmative findings, approve the application.
If, from the information submitted, the board finds that the requirements, principles, or objectives herein
would not be achieved, it shall disapprove the application or approve it subject to specified conditions, changes,
or additions.
The board may impose such reasonable conditions it determines are necessary to allow it to make the required
findings and which insure that the principles, guidelines and standards will be met. Conditions required by the
board must be implemented prior to final inspection and occupancy, unless otherwise stipulated. (Ord. No. 360
N.S., (part))
16-4.2.6 Planning director as acting body on applications for minor alterations.
Site plan and architectural review applications for the following items are considered to be minor alterations
and may be acted upon by the planning director or his designee in lieu of the design review board:
(a) Residential additions less than five hundred square feet in floor area~
(b) Accessory buildings or structures less than five hundred square feet in floor area~
(c) Fences, walls, and/or retaining walls~
(d) Minor exterior alterations such as windows, decks, skylights, satellite dishes, and similar items as deter-
mined by the planning director~
(e) Re-roofs~
(f) Swimming pools;
(g) Spas~
(h) Installation or relocation of exterior air conditioning or heating (HV AC) units, generators or similar
noise-generating mechanical equipment~
(i) Modifications to approved site plan and architectural review permits when determined to be minor in
nature;
U) Other applications which the planning director determines to be appropriate for staff action.
(Ord. No. 360 N.S., (part): Ord. No. 492 N.S., S 2(B))
16-4.2.7 Guiding principles in the review of applications.
In reviewing applications for site plan and architectural review, the acting body shall consider the following
principles as they may apply:
(a) Site plan adequacy. Proper relation of a project to its site, including that it promotes orderly development
of the community, provides safe and reasonable access, and will not be detrimental to the public health, safety,
and general welfare.
(b) Site layout in relation to adjoining sites. The location of proposed improvements on the site in relation to
the location of improvements on adjoining sites, with particular attention to view considerations, privacy, loca-
tion of noise-generating exterior mechanical equipment, adequacy oflight and air, and topographic or other con-
straints on development imposed by particular site conditions.
ITiburon Supp. NO.6. b-06)
166-58
EXHIBIT NO.
7
16-4.2.7
(c) Neighborhood character. The height, size, and/or bulk of the proposed project bears a reasonable rela-
tionship to the character of existing buildings in the vicinity. A good relationship of a building to its surround-
ings is important. For example, in neighborhoods consisting primarily of one-story homes, second-story addi-
tions shall be discouraged, or permitted with increased setbacks or other design features to minimize the intru-
sion on the neighborhood.
(d) Floor area ratio. The relationship between the size and scale of improvements and the size of the prop-
erty on which the improvements are proposed. This concept is known as floor area ratio (See section 16-4.2.8
below.)
(e) Grading and tree removal. The extent to which the site plan reasonably minimizes grading and/or re-
moval of trees, significant vegetation, or other natural features of the site such as rock outcroppings or water-
courses.
(f) Compatibility of architectural style and exterior finish. The architectural style and exterior finish are
harmonious with existing development in the vicinity and will not be in stark contrast with its surroundings.
(g) Landscaping. Proposed landscaping, insofar as it is used appropriately to prevent erosion~ to protect the
privacy of adjoining sites~ and to mitigate the visual and noise impacts of the proposed development. Applicants
are encouraged to use native and drought-resistant landscaping. Proposed landscaping shall be used which will,
at maturity, minimize primary view obstruction from other buildings. A cash deposit or other monetary security
may be required to ensure the installation and/or maintenance for a one-year period of any and all landscaping.
(h) Lighting. Proposed lighting, insofar as it should not invade the privacy of other properties, or produce
glare or light pollution~ yet provide adequate illumination for safety and security purposes. All proposed exterior
lighting shall be shielded downlighting.
(i) Overall property improvement. In order to allow the gradual upgrading of existing development, it may
be required that improvements to existing buildings and the site as a whole be made. The review ofapplications
for additions or modifications to existing development may include conditions requiring changes and/or modifi-
cations to existing buildings and site improvements for the entire property.
U) Appropriate use of building envelope. In planned residential (RPD and RMP) zones, building envelopes
are generally intended to provide a larger-than-needed area for flexibility in the appropriate siting of a main
structure and its accessory structures. The building envelope should not be interpreted as an area intended to be
filled by a main structure and its accessory structures. (Ord. No. 360 N.S., (part); Ord. No. 492 N.S., S 2(C), (D))
16-4.2.8 Floor area ratio guidelines.
The intent of this section is to provide a community yardstick for appropriate residential size and scale, meas-
ured in gross square footage, in relation to the overall size of property on which the improvements are proposed.
It is the intent of the Town ofTiburon to reasonably apply residential floor area ratios with regard to specific site
characteristics and the surrounding pattern of development.
The floor area ratio guideline is intended to discourage overbuilding of property, as often occurs with '~ear-
downs" and extensive remodeVadditions on infill sites, and with first-time residential construction. The floor
area ratio guideline for a lot is not intended as a target to be achieved, but is intended to indicate a reasonable
maximum. The town may approve less than the maximum square footage indicated by the floor area ratio guide-
line when necessary to achieve compatibility with surrounding development, to maintain the neighborhood char-
acter, or for other good cause.
Floor area is calculated using the definition contained in article I of this chapter under "Floor area, gross."
Floor area ratio includes accessory buildings as well as any primary building.
Floor area ratio guidelines for the conventional single-family and two-family residential zones (R-l, R-I-B,
RO-l, RO-2, RPD, and R-2) are as shown in the following table. The multifamily zone (R-3) has a floor area
166-59
(Tiburon Supp. No.6, 9-06)
EXHIBIT NO. 7
Town Council Meeting
April 2, 2008
Agenda Item: F) H _ )
ST\FF REPORT
To:
Mayor and Members of the Town Council
From:
Community Development Department
Subject:
Recommendation to Adopt Resolution Amending the Hillside Design
Guidelines for "Borrowed Views"
Reviewed By:
~
SUMMARY
The report proposes an amendment to the Tiburon Hillside Design Guidelines to recognize the
concept of "borrowed views." The Town Council discussed the proposed amendment on April 4
and April 18, 2007 and recommended a minor text amendment and preparation of a finalized
illustration and remanded the amendment back to the Design Review Board for review of these
changes. The Board reviewed the revised amendment on March 6, 2008 and recommended that
the Town Council approve the amendment with additional modifications.
BACKGROUND
A proposal has been made to amend the Tiburon Hillside Design Guidelines to recognize the
concept of "borrowed views." The Design Review Board reviewed this issue on March 1,2007,
and recommended that the Town Council approve an amendment to the Guidelines to recognize
this issue. The Town Council reviewed the proposed amendment on April 4 and April 18, 2007.
At the April 4 meeting, the Council recommended that the draft language for Goal 3, Principle 7
(G) of the Hillside Guidelines be amended to read as follows:
"A view across a vacant lot is often considered to be a "borrowed" view, which is likely
to be compromised by the eventual development of the property. A borrowed view is not
reasonably expected to remain ifltaet unchan2ed once the lot is developed, although
consideration may be given to preserving portions of such a view if this is the only
substantial view for a neighboring home."
The Town Council also directed Staff to prepare a finalized illustration of this principle, to
replace the rough illustration prepared by Staff Jim Malott, the Tiburon architect who authored
the original Hillside Guidelines, prepared a revised illustration of this amendment, which also
included language that would give consideration to "a sensitive part of the view" for a
neighboring home.
1\1\\ 11 ( \lUlled \\cCLing
\r~riI2, 2\H\M
At the April 18 meeting, the Town Council directed that changes be made to the illustration to
reflect the views that would remain on a lot after construction instead of the views that currently
exist across a lot. The Council also indicated that including references to "a sensitive part of the
view" could create confusion. The Council remanded the amendment back to the Design Review
Board for review of these changes. Staff attempted to coordinate with Jim Malott on modifying
the illustration to reflect these changes, but eventually had to complete the illustrations without
his assistance.
On March 6, 2008, the Design Review Board reviewed the draft amendment and illustration as
recommended by the Town Council. The Board recommended that the draft language for Goal 3,
Principle 7 (G) of the Hillside Guidelines be modified as shown in the attached Exhibit 3 to read
as follows:
"A view across a vacant lot is often considered to be a "borrowed" view, which is likely
to be compromised by the eventual development of the property. ~\ borrov{ed vie~..v is Bot
reasoaably eJEfleeted to remain uneBaaged onee the lot is developed. A borrowed view is
one which is temoorarv in nature and which may reasonablv be exoected to chan2e
uoon develooment of the lot. Consideration may be given to preserving portions of such
a borrowed view if this is the only substantial view for a neighboring home."
Staff believes that the modified language recommended by the Design Review Board is
consistent with the previously discussed amendment to the Hillside Guidelines and recommends
that the Town Council adopt this version of the amendment for inclusion in the Hillside
Guidelines.
RECOMMENDATION
It is recommended that the Town Council take testimony on the proposed amendment to the
Hillside Design Guidelines and adopt the attached resolution amending the Hillside Design
Guidelines.
Exhibits:
Prepared By:
1.
2.
Draft Resolution as recommended by the Town Council on April 18, 2007
Draft nlustration for Goal 3, Principle 7 (G) of the Hillside Design
Guidelines, as recommended by the Design Review Board on March 6,
2008
Minutes of the March 1, 2007 Design Review Board meeting
Minutes of the April 4, 2007 Town Council meeting
Minutes of the April 18, 2007 Town Council meeting
Minutes of the March 6, 2008 Design Review Board meeting
3.
4.
5.
6.
Daniel M. Watrous, Planning Manager
-_.._------~._._----------_._~~_.__._~-_._-------~----_._-----~---~-_._,---_.~.,._-~'-_._.
i I i '.I'-.:,i,' I)! !
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
ADOPTING THE AMENDED TmURON HILLSIDE DESIGN GUIDELINES
WHEREAS, the Design Review Board has initiated an amendment to the Tiburon
Hillside Design Guidelines, accepted by the Town Council in 1981 and used
continuously since that time, to recognize the concept of "borrowed views"; and
WHEREAS, the Design Review Board discussed such amendments at its regular
public meeting on March 1, 2007, at which testimony was received from the public; and
WHEREAS, on March 1, 2007, the Design Review Board adopted Resolution No.
2007-02 recommending to the Town Council that this amendment be made to the Hillside
Design Guidelines; and
WHEREAS, the Town Council discussed such amendment at its regular public
meetings on April 4 & 18, 2007, at which testimony was received from the public and
modifications to the draft amendment were rem3;nded to the Design Review Board for
additional review; and
WHEREAS, the Design Review Board discussed such amendments at its regular
public meeting on March 6, 2008, at which testimony was received from the public and
further modifications were recommended for approval to the Town Council; and
WHEREAS, the Town Council discussed the modified amendment at its regular
public meeting on April 2, 2008, at which testimony was received from the public; and
WHEREAS, the Town Council has determined that the project has no potential to
result in adverse impacts on the environment and is exempt from the requirements of
CEQA; and
WHEREAS, the Town Council has determined that the amendment to the
Hillside Design Guidelines would provide more understandable direction to the residents
of Tiburon in the protection of important views, and is consistent with the goals, policies,
and programs of the Tiburon General Plan.
TIBURON TOWN COUNCIL
RESOLUTION NO.
APRIL 2, 2008
1
EXHIBIT NO.
t
NOW, THEREFORE, BE IT RESOLVED that the Town Council adopts the
Tiburon Hillside Design Guidelines. dated October, 1981 and as amended August 6,
2003, with the addition of a new Goal 3, Principle 7 (G) of the Hillside Design
Guidelines to read as follows:
"A view across a vacant lot is often considered to be a "borrowed" view. which is
likely to be compromised by the eventual development of the property. A
borrowed view is one which is temporary in nature and which may reasonably be
expected to change upon development of the lot. Consideration may be given to
preserving portions of such a borrowed view if this is the only substantial view for
a neighboring home."
An illustration for this new principle, attached as Exhibit A, is also adopted at this time.
PASSED AND ADOPTED at a regular meeting of the Town Council on April 2,
2008, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: \Administration\T own Council\Resolutions\2008\Hillside Guidelines amendment. resolution. doc
TIBURON TOWN COUNCIL
RESOLUTION NO.
APRIL 2, 2008 2
EXHIBIT No.L
'l !
~ .OJ -l I'
" t.~ ...J ,
o Qml
\p..~ ell
~. '/'1
,t.~{) "~ ~
;'<. ~'j
< ,.
~. rn ~ I
;R Q'""I ~2c
f\'< 111 '~""'z' .:J:
:- utI r: ','
4:111 i-rS;~.~,
rn.~<. ""'. .f :~.:. ~.
,!. . C, .- , i .~...... 'd.': .
~.., '., Ul c, ":.", ~.., '11 :',', i i ~.. ...~
"...;;: i fillJ>. li'
-{:pry i C I :.\,t) >r' V'
~,. I. '--r J.I!' 11>.-1' 0
I'" . M' JV 1 __,. .,
Z .:'4 i .-:: at. ~,
.~ ~. iri I ~.~ ~ ...
l- :~ ,. . ,. '~ ~
rl >: L~!"'I'H !.~ ~. . _\
V "'IT!! ~_
N ,~. j~1 hl...~:1
< .~i ... I .~.. ':~
m. ,~. 4": . . ! '.~.' :,. ..idf [."..i\
r ..' Vi.~~ :~
~Qo. Im.-\ i~
~ "N l i:.:.t" _ l.r
' '. ,N .""" f'!'\
::> .;C i ~ ~t ~ ./
. Z . \tn!()\.... f"
e.,; ,;q' I ii''!..':: . .,
~J.) .' i ! t) II!'
1~ .1 C~i
'(ji i!!i . . . _.
-<. f e~: .:\
f'~ \\
~~ '11f\
:XO,(0,
~ -u ~
~ ~ 1 ~""
~~. j <
H__ _
~m.i
. -> l.P
N.m l.~.
r !
T'\ !
01 I
1:< !
~
j
i
U1t
lJfj
~ u 1
co~
j\,
'.'. z""\\,
1.1',..m. '\
./ \;.~
/ . ~-t'1
I ,., . -. 'I
I / d+~ ,~
/ I _~~ .
- ;' :J V) -'1 ,
~-........... Z III \) '\
/ .'-~
//
/---Z,
+"" . '-"
z ~.-C -'~.~.krf]
~ J> ~ ~ !rtl.:Oi
(1)0;1 0 2 Jz: Trt ., ...
IOil- i'e,. ~ ~. f)
OJ JJ ~ _ Ii 7;
v. 1]
~ ;g. (\1 V\ t.p,. . ~.. 1-
- E.. .~ -J Ir OP1
z cry ~ fi1 I. -n.:
(j\ "r' 3" fQ /"
I. <1 0 \J 1f[1' l~ __
~ .\J 0 K a :
~t9 ~ ~ Pll~~
,~.~ 71/8~"' <::
m L. JV , '1Ir-r
. '-\..L lv" -
..:......, ~ ~..]
I \.i ~.
~~ ~!~Ik :
'~ ~ 1fl1'j'7 ~.
- .J .::... ,;ZO ~P1 ~,
1...:.1' '.. ..~ ; H.... ~.'."_~.':.~ '.
C ( ....".0
..lflf) JiJId' ..~ tP
;!.- : ~ . ~. CTl.1Tll.. '.. l!:t. .":
, " iH':'~~n;;;
. ~ 'I ''b
''{'rl. - r Z I. ;, ~,::J+. '~..:. r.. : . ;~, .
OQ:rrt'--3t:
~ ~ ~ i i'\lfP)Ej
'r Q' ~ ~ It: ~
K C11 () ;0 7\.
..AJ :r: i~ I: '. .
': . ""1
'..:\1} :~ 3 r'r . ~
." c.- :0 j> ~1F1t : i)>
9 Z -<i-il~
~'. '.... "> , ' d,-< '. "'j ! to. '. '
=-t > N ~ ,. ! .
:>r J> Ci1 f>;; b 1(rJ
"71 "- .~ : : 11mj': 'j
,L+' OJ ~ .m' ~',;
'. ., . f\1 iD :n.;,..' ).~ '.. 0 .'
-, "', 'u'. T' '11
~ .~ ~ ~,:~ rl
r/'.01 (jJ ~-- Tn
: j"'rr 10 ~ , )
< :'-- -< ~ 1'3 .
!-r 'rl 'r.1 ~ o.;~
1l1.,O V"' "",. ";'~
~:~ C'1 "'~'fq
. - : !i\1 cv . ;n:. ;z
::n 'C\1 K -< ~ "
:0 :rf\ ~ -, ~: tTl fB..,
A'\ v' ~ 'rry ....,.
r". (1l ,,' j:.<5.; !,V. U
'j;) 0 c: ilT1
>-<.i1I.J~j'Q
~OVlMtTI
V' ,:1 .0 H. \J
'\7 0 2:. ==.
o Q 1\1 rr)'
q)> .
- z:
E ~
\J)
Brooke Halsey stated the building at 1895 Centro West has always only had a view from
the top unit. She did not see any problem with the plans and urged the Board to approve
the project.
Mr. Baez stated they would like to keep the design as is, but will redesign if they have to
do it.
Mr. Rayo noted that the upper windows would be used for ventilation.
The Chair closed the public hearing.
Boardmember Teiser stated that he liked the idea of dropping the roofpitch and either
reducing the size or eliminating the upper windows. He suggested dropping he roof 15
inches, but felt that the house did not have to be dug into the ground. He said that the
lower unit at 1895 Centro West did not seem to previously have much ofa view, but
lowering the roof pitch would open up their views.
Chair Doyle noted that lowering the roof pitch would make the upper windows smaller.
Boardmember Frymier expressed some concern about the overall floor area of the house.
MIS, TeiserlFrymier (passed 3-0) that the application be continued to the March 15
meeting.
4. POTENTIAL AMENDMENT TO BUILDING HEIGHT REQUIREMENTS
Mr. Watrous stated that concerns have been raised regarding the language and
interpretation of the Tiburon Zoning Ordinance requirements for measuring building
height. In particular, concerns have been raised about how building height is measured at
the perimeter of a building where the bottom of the structure is situated below the
fInished and natural grade. The height measurement method in the Zoning Ordinance
would be changed to refer to measuring height from the perimeter of the exterior surface
of the building, structure, fence, or wall.
Boardmember Frymier requested that Exhibit A be more clearly identified.
It was the consensus of the Board that the Town proceed with this amendment to the
Hillside Guidelines.
5. POTENTIAL AMENDMENT TO THE HILLSIDE DESIGN GUIDELINES
FOR "BORROWED VIEWS"
Mr. Watrous reviewed the proposed amendment to the Hillside Design Guidelines with
regard to "borrowed views" which involve situations in which an existing home has
views across a vacant neighboring lot.
MIS, (Frymierffeiser) (passed 3-0) to adopt the Resolution recommending Approval
to the Town Council this amendment to the Tiburon Hillside Design Guidelines.
TIBURON D.R.B.
3/1107
EXHIBIT NO. 3
8
buildings.
Council continued the item in order to allow Staff to incorporate the Council's comments and
changes.
2. Amendments to Hillside Guidelines - Consider Adoption of Resolution Amending Hillside
Guidelines to Address the Concept of "Borrowed Views" - (Planning Manager)
Planning Manager Watrous gave the report, stating that the concept of "borrowed views" meant the
views across a vacant lot which were then called into question when a house was developed on the
lot. He clarified that neighbors were not entitled to such views in the long run, and recommended
language to address this issue.
Mr. Watrous said that at previous workshops between the Council and Design Review Board,
"shared views" had been discussed. Councilmember Fredericks asked for clarification.
Mr. Watrous said that "shared" views are already taken into consideration by the Board. He said
that by introducing the concept of "borrowed views," the Town was informing property owners and
neighbors of what could and could not be preserved so that they would have reasonable
expectations.
Councilmember Berger suggested changing the wording for views that would remain "unchanged"
rather than "intact." Berger also provided direction for Mr. Malott, the author of the Hillside
Guidelines, to illustrate the only reasonable place on a lot that a house could be built, and to show a
less dramatic view.
Councilmember Smith said that this should be known as the "Kirk Beales revision," and that the
operative word was "may," in order to understand that a view that was borrowed "may not" result
in a shared view.
Mayor Gram opened and closed the public hearing. There was no public comment.
Item continued to allow time for the drawings to be completed.
3. Appeal of Action by Building Official- Hear Appeal by Abraham Valentino of Fines for
Expired Building Permit (Building Official and Town Attorney)
Address:
AP No.
121 Sugarloaf
058-313-03
Mayor Gram recused himsel( stating that he lived within 500 feet of the appellant, Abraham
Valentino.
Councilmember Smith also recused himself because his law:firm had done work for Mr. Valentino.
Town Council Minutes #07 -2007
April 4, 2007
Page 6
EXHIBIT NO. 'f
ABSTAIN: Gram
PUBLIC HEARINGS
1. Proposed Amendments to Chapter 16 of Town Code (Zoning) - Consider Introduction and First
Reading of Ordinance Amending Zoning Code - (Planning Manager)
continuedfrom April 4, 2007
· Amendments to floor area ratio limit, lot coverage and building height requirements in the
NC (Neighborhood Commercial) and VC (Village Commercial) zones to achieve consistency
with the Downtown Element of the Tiburon General Plan
· Amendment to building height measurement method regulations to clarify how building
heights are measured
· Amendment to Site Plan and Architectural Review requirements for skylights and re-roofs
· Amendments to the definition of "basement"
Planning Manager Watrous said that staffhad incorporated the comments and changes from the last
Council meeting into the latest draft of the ordinance.
Mayor Gram opened and closed the public hearing. There was no public comment.
MOTION:
Moved:
Vote:
To read ordinance by title only.
Slavitz, seconded by Fredericks
AYES: Unanimous
ABSENT: Smith
MOTION:
Moved:
Vote:
To pass first reading of the ordinance.
Slavitz, seconded by Fredericks
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Smith
2. Amendments to Hillside Guidelines - Consider Adoption of Resolution Amending Hillside
Guidelines to Address the Concept of "Borrowed Views" - continuedfrom April 4, 2007
(Panning Manager)
Planning Manager Watrous said that the author of the Hillside Guidelines, Jim Malott, had prepared
a new drawing to illustrate the concept of "borrowed views." Watrous said that the drawing was
consistent with what had been discussed at the April 4 Council meeting, and that Council could
either adopt the amendments with the new drawing, or remand it to the Design Review Board for
review prior to adoption.
Councilmember Fredericks questioned whether the drawing made the issue of borrowed views more
Town Council Minutes # 08 -2007
April 18, 2007
Page 2
EXHIBIT NO.
t.
~
( tJ? 2-
more confusing in its description of "substantial views'" or "sensitive views."
Councilmember Berger agreed and said that the original drawing, submitted by the Planning
Manager, demonstrated more clearly the idea that a view would not necessarily remain intact or
unchanged. He suggested that rather than using arrows in the new drawing, a cone shape that gets
smaller should be utilized.
Vice Mayor Slavitz also agreed; he said that the new drawing could be interpreted to say that if you
had a borrowed view, the Board would try to preserve it.
Item remanded to Design Review Board for review. Mayor Gram suggested that Councilmember
Berger revise the drawing to be remanded.
3. Appeals of Design Review Board Approval of2135 Vistazo East - Hear Appeals of Design
Review Board Decision to conditionally approve a new Single-Family Dwelling with variances
for reduced front yard setback, reduced side yard setback, and excess lot coverage (Associate
Planner)
Applicants:
Appellants:
Address:
APNo.
Joe and Kate Quirk
1) Catherine Halpern; 2)Fani Hansen & Angela Danadjieva
2135 Vistazo East Street
059-082-08
Councilmember Berger recused himself. He said that his views had already been stated for the
record [at the Design Review Board hearing] and that he had taken the advice of T own Counsel to
step down in order to allow the Council to review the matter anew.
Associate Planner Tyler gave a summary of the written report and outlined the process for hearing
the appeal.
Councilmemher Fredericks asked Staff some questions concerning the Design Review
recommendation for frosting on the east-facing dressing room skylight.
Staff clarified that the condition for frosting referred to the windows rather than the skylight.
Vice Mayor Slavitz asked about the Town's guidelines concerning views and fences; also why the
fence that had been installed by the Quirks was up for discussion as part of the application for the
[new] house.
Planning Manager Watrous said that the installed fence was separate from the application for the
new single-family dwelling but that because the neighbors raised it as an issue, Staffhad talked with
the applicants, who had advised the Board that they were willing to work with Staff on resolving the
neighbor's concerns.
The Board then made that a condition of approval of the project; according to Watrous.
Town Council Minutes # 08 -2007
April 18, 2007
Page 3
EXHIBIT NO. 5
?, ~dF2-
Boardmember Corcoran noted the Hagen's were gaining primary views in their great room and
losing views from only a portion of their kitchen.
Vice-Chair Frymier questioned whether the house should be pulled back one foot. She said that
the home was lovely and that the owners have been sensitive to the neighbors and to the space.
She believed that cutting back the deck would alter the design and not break up the facade. She
noted that the deck railings would not be solid materials and would not create a substantial view
blockage. She also believed that the Hagen's would end up with a better view corridor.
Boardmember Corcoran did not believe people would congregate on the comer of the deck and
agreed that wrapping the deck around the house provides better design continuity. He agreed
with the discussion in the staff report about the floor area exception, as the additional floor area
would be cut into the hillside and in the right location.
Chair Doyle said that he was unsure how much would be gained by moving the house or deck
back. Planning Manager Watrous stated that Condition of Approval # 16 could be modified to
reflect the one foot change offered by the applicant.
ACTION: It was MIS (Frymier/Glassner) that the project is exempt from the California
Environmental Quality Act and approving the project, subject to the attached conditions of
approval, with the modified condition of approval to move the entire house back one foot.
Vote: 4-0.
5. POTENTIAL AMENDMENT TO THE HILLSIDE DESIGN GUIDELINES FOR
"BORROWED VIEWS"
Planning Manager Watrous stated that a proposal has been made to amend the Tiburon Hillside
Design Guidelines to recognize the concept of "borrowed views." The amendment had been
previously reviewed by the Design Review Board and Town Council, and modifications are now
presented to the Board for additional review, along with a finalized illustration of this principle.
Boardmember Glassner asked for an explanation of the rhetorical difference between "intact"
and "unchanged, and Planning Manager Watrous said the Council felt it was more appropriate in
terms of changes to views rather than emphasizing a view in which all portions would remain
intact.
Boardmember Corcoran said he remembers discussing it at the joint Design Review Board/Town
Council meeting and suggested changing the language to read as follows:
"A view across a vacant lot is often considered to be a "borrowed" view, which is likely
to be compromised by the eventual development of the property. .L\ borrov.~eC:i vie~oiV is Rot
reasonably expeeted to retnt:liB uBeBangeC:i ORee the lot is dey;eloped. A borrowed view is
one which is temporary in nature and which may reasonably be expected to change upon
development of the lot. Consideration may be given to preserving portions of Stteh a
borrowed view if this is the only substantial view for a neighboring home."
TmURON D.R.B. MINUTES #3
3/6/08
EXHIBIT NO.
o
? . {of 2-
7
Planning Manager confirmed staffwould submit the language amendment to the Town Council
for their consideration.
F. APPROVAL OF MINUTES #2 OF THE 2/7/08 DESIGN REVIEW BOARD
MEETING
Vice-Chair Frymier requested the following amendment:
. Page 9, 2nd paragraph from the bottom, second sentence; "She noted that the house is
close to the water and the skylights might Bet be noticeable from uphill homes."
ACTION: It was MIS (Doyle/Frymier) to approve the Minutes of the February 7, 2008, as
amended. Vote: 3-0-1 (Glassner abstained).
The Board and staff congratulated Vice-Chair Frymier on her appointment and wished her good
luck with her service on the Planning Commission.
G. ADJOURNMENT
The meeting was adjourned at 9:25 p.m.
TIBURON D.R.B. MINUTES #3
3/6/08
EXHIBIT NO.
o
8
Pi 2D~2-
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
April 2, 2008
Agenda Item: t21f-?-
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Repeal Tiburon Municipal Code Title V, Chapter 20 (Animals) and
Adopt a New Chapter 20 (Animals) in order to Reflect Substantial
Revisions Recently Adopted by the County of Marin and Other Marin
Cities (Ordinance---Introduction and First Reading)
Reviewed by
BACKGROUND
The Town of Tiburon is obligated under state law to provide animal control services, and does so
under a cooperative arrangement with other Marin County agencies, which adopt common
regulations and fees. The County of Marin contracts on behalf of all of the municipalities within
Marin County with the Marin Humane Society for provision of countywide animal control
servIces.
On October 23,2007, the Marin County Board of Supervisors adopted an amended Animal
Services Ordinance that included substantial text changes. The County of Marin has requested
that all municipalities in Marin County adopt the amendments as soon as possible.
For simplicity, the proposed ordinance before the Town Council would repeal and replace the
Town's existing Chapter 20 (Animals) in its entirety. This is practical because the numerous text
changes, scattered throughout the ordinance, would have required amendment to most sections of
the ordinance.
FOCUS OF THE AMENDMENTS
The recent County amendments focused on a handful of specific areas, although hundreds of
minor changes were made by the County throughout the ordinance. For this reason, it became far
more practical to repeal and adopt a new Chapter 20 than to amend numerous sections thereof.
The major areas of amendment are summarized as follows:
1) Adding a number of new definitions under Section 20-1.002 to clarify the terminology used
throughout Chapter 20 (notably a definition for "Animal Services Agency" and "Director");
2) ClarifYing that the term "commercial animal establishment" does not include a business
emploYing ". . . the use of goats, sheep, or other animals in herding operations for the purposes
of clearing brush and ground cover for fire control purposes," and that such businesses are
exempt from the permit process set forth in Section 20-1.004;
3) ClarifYing that the Marin Humane Society serves as the Animal Services Agency for the Town;
4) ClarifYing that persons exercising peace officer powers as well as peace officers may enforce
provisions relating to dogs running at large in certain public areas;
5) ClarifYing what is required in the nature of "dog control" by persons responsible for the dog
under Section 20-2.175;
6) Revising the procedures for citizens to address habitual animal noise unreasonably disturbing the
peace;
7) Authorizing the use of the terms "potentially dangerous dog" and "vicious dog" to apply to
animals deemed by another jurisdiction to deserve such designations or similar designations;
8) Adoping by reference certain provisions of the State of California Food and Agricultural Code
relating to potentially dangerous and vicious dogs.
9) Substantially enhancing the administrative "due process" throughout Chapter 20, by clarifYing
what processes are available and how they will be employed by administrative hearing officers;
10) Expanding the scope of available remedial remedies that administrative hearing officers may
impose to address public health and safety issues in various hearings;
11) Providing for civil sanctions and the imposition of costs as penalties for requiring the necessity
of a hearing or a sanctions hearing for failure to comply with the measures imposed by an
administrative hearing officer;
12) Providing for follow-up sanctions hearings when animal restrictions have been ignored and
authorizing cost recovery for such hearings.
The proposed ordinance is attached as Exhibit 1 and the existing Chapter 20 is attached as
Exhibit 2. Staff notes that the sheer magnitude of the revisions made a track-changes version
impractical to prepare.
FISCAL IMPACT
The municipal code revisions to Chapter 20 would have no direct fiscal impact on the Town.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on the draft ordinance.
2. Discuss and deliberate as desired.
3. Move, second, and pass a motion to read the ordinance by title only.
4. Hold a roll call vote and pass first reading of the ordinance.
The item would then return to the Town Council for second reading and adoption on April 16,
2008.
EXHIBITS
1. Proposed Ordinance
2. Current Chapter 20 of the Tiburon Municipal Code
3. Sections of State Food & Agricultural Code being adopted by reference
Prepared by: Scott Anderson, Director of Community Development~
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
REPEALING TITLE VI, CHAPTER 20 (ANIMALS) OF THE TIBURON MUNICIPAL
CODE AND ADOPTING A NEW TITLE VI, CHAPTER 20 (ANIMALS),
OF THE TIBURON MUNICIPAL CODE AND ADOPTING AND INCORPORATING BY
REFERENCE SECTIONS OF THE STATE OF CALIFORNIA FOOD &
AGRICULTURAL CODE
WHEREAS, Title VI, Chapter 20 of the Tiburon Municipal Code sets forth certain
regulations regarding animals; and
WHEREAS, the Town of Tiburon is obligated under state law to provide animal
control services, and does so under a cooperative arrangement with other Marin County
agencies which adopt common regulations and fees; and
WHEREAS, animal control services for the Town of Tiburon and other Marin
County agencies are provided by the Marin Humane Society pursuant to a contract with
the County of Marin; and
WHEREAS, the County of Marin has recently revised its Animal Services
Ordinance and has requested Marin municipalities to adopt these revisions in order to
assure consistent application of certain laws regulating animals; and
WHEREAS, the Town Council of the Town of Tiburon desires to adopt the
revisions to Title VI, Chapter 20 of the Tiburon Municipal Code in order to incorporate
the revisions to the County of Marin Code and to allow for the uniform regulation of
animal control services countywide, and further desires to adopt by reference and
incorporate certain portions of the State of California Food & Agricultural Code; and
WHEREAS, the Town Council has determined that the extent of revisions
necessitates a repeal and adoption of a new Title VI, Chapter 20 and hereby adopts
this ordinance in order to promote and protect the public health, safety, and general
welfare.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 1 of 30
EXHIBIT No.l
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as
follows:
SECTION 1. TITLE VI, CHAPTER 20 (ANIMALS) REPEALED.
Title VI, Chapter 20 (Animals) of the Tiburon Municipal Code is hereby repealed
in its entirety.
SECTION 2. TITLE VI, CHAPTER 20 (ANIMALS) ADDED.
Title VI, Chapter 20 (Animals) is hereby added to the Tiburon Municipal Code to
read as follows:
Chapter 20
ANIMALS
Article I. In General.
20-1.001
Short Title.
This chapter shall be known and may be referred to in all proceedings as the
ASO (Animal Services Ordinance).
20-1.002
Definitions.
For the purposes of this chapter, the following words and phrases are defined
and shall be construed as hereinafter set forth unless it is stated a different meaning is
intended.
(a) "Animal Services Agency" means the agency appointed in Section 20-2.110 to
implement and enforce portions of this Chapter.
(b) "Board of Supervisors" means the Board of Supervisors of the County of Marin.
(c) "Commercial animal establishment" means any location where the business of
grooming, buying, selling, bartering, training, renting or boarding of dogs, cats, wild
animals, domestic animals or fowl is conducted. This definition shall not apply to:
(1) The use of goats, sheep, or other animals in herding operations for the
purposes of clearing brush and ground cover for fire control purposes;
(2) Buying or selling livestock for agricultural purposes;
(2) Livestock establishments;
(3) Buying and selling of dogs by dog hobbyists;
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 2 of 30
(4) Buying and selling of dogs by ranch dog permittees;
(5) Business activities of a duly licensed veterinary hospital;
(6) Training facilities where owners/guardians are trained to handle their own pets;
(7) Town designated animal services provider.
(d) "Commercial district" means any property zoned for commercial and/or office uses
as set forth on the Town of Tiburon Zoning Map pursuant to Title IV, Chapter 16,
Section 16-2.16 of the Tiburon Municipal Code.
(e) "County" means the County of Marin.
(f) "County Administrator" means the County Administrator of the County of Marin or
his/her designee.
(g) "Director" means Chief Executive Officer of the Animal Services Agency or any
person authorized to act on his/her behalf.
(h) "Dog" means any animal that is a member of species canis familiaris four months
old or older.
(i) "Dog hobbyist" means any person who keeps, within or adjoining a private residence,
four or more dogs for personal, recreational and noncommercial purposes who has
secured a permit for such activity in accordance with the provisions of Section 20-
2.245 of this Chapter.
0) "Dog license" means the license required to be annually issued for each individual
dog.
(k) "Downtown area" means all that area bounded by, and including, Mar West Street to
the north and west; Upper Main Street and the City of Belvedere boundary line to the
south; and San Francisco Bay to the east.
(I) "Large animal" means any cloven-footed or hoofed animal, including without
limitation, any cow, goat, sheep, pig, llama, or member of the horse family.
(m) "Licensed dog" means any dog for which the license for the current year has been
issued and to which the tag is properly displayed.
(n) "Owner/guardian" means any person who has the legal responsibility and rights of
an owner/guardian after keeping or harboring an animal for 15 or more days, except
a veterinarian or an operator of a kennel engaged in the regular practice of this
business. The use of the word "guardian" for all legal intent and purposes has the
same meaning and effect as the term "owner/guardian" with respect to all federal,
state, and local law, current and/or as modified.
(0) "Poultry" means any chicken, rooster, turkey, duck, goose, or other domesticated
bird that is commonly associated with the production of eggs or meat.
(p) "Public place" means any and all areas that are open for public use whether or not
such area is in public or private ownership. The term "public place" as used in this
Chapter shall include, without limitation and without regard to whether such property
is publicly or privately owned, streets, sidewalks, pathways, parks, pedestrian ways,
schoolyards, beaches, and parking lots.
(q) "Ranch dog permittee" means any person who owns or keeps within or adjoining a
residence, building, lot or area which is zoned for agricultural uses under Title IV,
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 3 of 30
Chapter 16, Article II of the Tiburon Municipal Code, four or more dogs for personal,
recreational, or noncommercial purposes.
20-1.003
Use Permit Required----poultry, livestock, bees.
Unless legally established prior to [the effective date of this ordinance], the
keeping of poultry, livestock, or bees is deemed "agriculture" as defined in Title IV,
Chapter 16, Section 16-1.5 of the Tiburon Municipal Code and shall require a
conditional use permit pursuant to Title IV, Chapter 16, Section 16-4.4 of the Tiburon
Municipal Code.
20-1.004
Use permit required----Iarge animals.
The keeping of any large animal on a lot or premises shall require a conditional
use permit pursuant to Title IV, Chapter 16, Section 16-4.4 of the Tiburon Municipal
Code. Refer to Article V of this Chapter for specific regulations regarding horses.
20-1.005
Penalty for Violations.
(a) Except where otherwise provided, any person violating any of the
provisions of Sections 20-2.179 [barking dogs], 20-2.180 [trespassing animals], 20-
2.181 [dangerous dogs], 20-2.225 [big cats], 20-2.230 [animal exhibits], 20-2.240
[commercial animal establishments], 20-2.245 [dog hobbyists] and 20-2.246 [ranch dog
permittees] of this Chapter is guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine not to exceed one thousand dollars, by imprisonment in the
county jail for not more than six months, or by both such fine and imprisonment.
(b) Unless otherwise specified herein, any person violating any other
provision of this Chapter shall be guilty of an infraction. In addition to all other remedies
available under this Chapter, under Title VI, Chapter 31 of this Code, or under state
law, any violation of this Chapter shall be subject to abatement as a public nuisance.
All costs relating to enforcement of this Chapter shall be borne by and recoverable from
the person in violation thereof.
Article II. County of Marin Referred Regulations & Certain Provisions
Regulating Dogs
20-2.030
Dog Licenses Required----Periods.
Every owner/guardian of a dog which is over the age of four months and which is
kept in the Town shall procure a license for each such dog, for each year, commencing
with the date of the rabies vaccination of the dog and expiring the year following the
date of issuance of such license. Such license shall be procured within thirty days after
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008 Page 4 of 30
the day upon which the dog is four months old, or within thirty days after the day upon
which the dog, if over the age of four months, is first obtained by a resident of the Town
and thereafter shall be maintained on a current basis from year to year. Dog
owner/guardians may, with proof of multi-year rabies vaccination, choose to obtain
licenses for one, two or three years, with final expiration to coincide with the expiration
of the rabies vaccination.
20-2.040 Rabies vaccinations, veterinarian reporting requirements.
(a) Whenever the laws of this state require vaccination of dogs against rabies, no
license shall be issued for any dog required to be vaccinated until the issuing
authority is given satisfactory written evidence of compliance under such law.
(b) All cats shall be vaccinated against rabies. Any person in possession, control, or
ownership/guardianship of any cat shall have that cat vaccinated against rabies.
(c) Any veterinarian operating either at an established place of business or at a
mobile clinic shall provide a copy of a rabies vaccination certificate for any cat or
dog vaccinated by him/her to the Animal Services provider within ten days of
vaccination.
20-2.050 Confinement and quarantine.
The owner/guardian of a quarantined animal shall pay a fee as set forth by
separate resolution of the Board of Supervisors toward the animal services' costs in
providing and insuring that the animal is properly quarantined. If any person fails or
refuses to obey any lawful order for quarantine of an animal for rabies observation, any
animal services officer may impound the animal for such quarantine at additional
expense to the owner/guardian at the rate as may be established by separate resolution
of the Board of Supervisors. Quarantine fees are payable within thirty days of issuance
of an invoice. Payment is delinquent if not received within sixty days.
20-2.060
License fee.
(a) A dog license fee shall be imposed on all dogs. The license fee for dogs, which
have not been sterilized, shall be established by separate resolution of the Board of
Supervisors.
(b) The license fee for dogs which have been sterilized shall be established by separate
resolution of the Board of Supervisors. The fee is due and payable with the issuance of
a license as required in Section 20-2.030.
20-2.070 Delinquent license penalty.
Any owner/guardian failing to procure and pay for such license within the period
allowed in Section 20-2.030 shall pay a delinquent penalty in the amount set forth by
separate resolution of the Board of Supervisors. The delinquent penalty may be waived
where failure to pay is due to reasonable cause and circumstances beyond the control
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 5 of 30
of the dog owner/guardian which shall be determined by the Animal Services Agency or
the County Administrator's Office. Any person dissatisfied with a determination denying
waiver of the delinquent penalty shall be entitled to a hearing which shall be conducted
pursuant to the provisions of Section 20-2.122.
20-2.080 Duplicate license tags.
If a license tag is lost, a duplicate tag may be acquired by the payment of a fee
as may be established by separate resolution of the Board of Supervisors.
20-2.090 Display of License tags.
The license tag shall be attached securely to a collar or harness or other suitable
device on the dog for which it was issued at all times that the dog is in the public areas
of the Town. The person in control of the dog shall show the license certificate or tag
upon demand by a representative of the Animal Services Agency at any time.
20-2.100 Exceptions.
Any dog bred, raised, or providing service as a guide or service dog is exempt
from the license fee but is not exempt from being licensed or from any required
vaccination. The provisions of Section 20-2.030 shall not apply to any dog in the
custody or care of a nonresident of the Town or temporarily therein for a period not
exceeding thirty days.
20-2.110 Animal services officer -Appointment.
The Marin Humane Society is hereby appointed as the Animal Services Agency
for the Town, and shall appoint suitable persons to act as Animal Services Officers. All
. Animal Services Officers shall, for the purpose of enforcing this chapter, be deemed to
be peace officers.
20-2.120 Animal Services Agency and its Animal Services Officers - Powers
and duties.
The powers and duties of the Animal Services Agency and Animal Services Officers
shall be as follows:
(a) To enforce all provisions of this chapter and all the laws of the state of California
relating to the care, treatment, and impounding of animals, and specifically to issue
citations and to make arrests for violations of the provisions of this chapter and
related state laws;
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 6 of 30
(b) To provide an animal shelter for all animals which are subject to impoundment.
Animals shall be provided with humane care and treatment, including veterinary
care when appropriate, throughout the duration of their impoundment consistent
with state laws and local ordinances;
(c) To take up, impound and safely keep any animals where authorized under the
provisions of this chapter or the laws of this state;
(d) To collect any costs or charges hereinafter provided in this chapter for the
impounding and keeping of any animal;
(e) Where authorized under the provisions of this chapter or the laws of this state, to
enter upon any premises upon which any animal is kept for the purpose of taking
up, seizing or impounding of any animal or for the purpose of determining whether
such animal is licensed or is violating the provisions of this chapter;
(f) To euthanize any animal lawfully impounded which by reason of injury, disease or
temperament is unsuitable for adoption placement;
(g) To enter upon any private or public property in order to pick up and dispose of any
dead animal;
(h) To destroy or dispose of any animal where authorized pursuant to the provisions of
this chapter;
(i) To make determinations in accordance with the provisions of this chapter;
0) To perform any and all services related to public records (handling, retention and
availability) in the same manner as employees of the Town regarding the handling of
what would be public records if prepared, retained or distributed by Town
employees.
20-2.122 Hearings.
(a) The administrative hearing officer selected by the County Administrator or designee
is authorized to conduct hearings in all cases authorized by the provisions of this
chapter. This shall include, but not be limited to, all permit denials, permit
revocations or refusals to renew permits authorized under Article II of this chapter.
Written notice of the time and place of the hearing shall be given to the animal
owner/guardian, permittee or permittee applicant at least ten days prior to the date
set for hearing, unless the animal owner/guardian, permittee or permittee applicant
expressly requests, in writing, that the hearing be set for an earlier date, and the
Animal Services Agency agrees to do so. Service of the notice shall be made in
accordance with the provisions of Section 1.04.190 of the Marin County Code. If the
owner/guardian of the affected animal, permittee or permittee applicant fails to
appear at the hearing, the hearing shall nevertheless proceed, and an appropriate
order shall be issued in accordance with the provisions of this chapter.
(b) ADMINISTRATIVE HEARING A,ND FE~S. The administrative hearing officer shall
have the ability to impose administrative hearing fees authorized under a fee
ordinance or resolution adopted by the governing body under whose authority the
hearing has been undertaken. The administrative hearing officer may impose the
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008 Page 7 of 30
fees based upon the complainant's, or business owner's or animal owner/guardian's
culpability for causing administrative expenses to the Animal Services Agency's
program. At the administrative hearing, the hearing fee shall be in lieu of the
imposition of any applicable statutory fine. In a de novo appeal to the Superior
Court, both administrative expense fees as well as statutory penalties may be
imposed upon the animal owner/guardian as deemed appropriate. Criminal
restitution, damages and/or injury awards are the domain of the superior courts and
are not available by way of the administrative hearing process. In any hearings other
than ones involving the determination of the status of a potentially dangerous animal
or vicious animal, the decisions of the hearing officer shall be final but subject to
review by the Superior Court pursuant to the provisions of CCP section 1094.5. De
novo appeal of hearing officer decisions to the Superior Court is only available in the
case of potentially dangerous animal or vicious animal hearings.
(c) SANCTIONS HEARINGS AND FEES. If the animal owner/guardian does not appeal
the orders of the hearing officer in a potentially dangerous or vicious animal case to
the Superior Court within the time period prescribed in this Chapter, the hearing
officer's orders shall be binding. In all other administrative hearings, the decisions of
the hearing officer are final without further appeal to the Superior Court. Failure to
abide by the hearing officer's orders shall, upon petition by the Animal Services
Agency, subject the animal owner/guardian (or commercial animal establishment-
related licensee or other permitees/licensees) to attend a noticed sanctions hearing
where further regulatory actions to protect the public health and safety may be
considered and imposed. Notice requirements shall be the same as in the case of
the initial hearing before the hearing officer. (See (a) above.) The sanctions that
may be imposed include any reasonable regulatory actions to preserve public health
and safety including, but not limited to the destruction of the animal (which order is
subject to de novo review), or in the case of a permit of license, loss of said permit
or license. Lesser sanctions may be imposed provided the heath and safety of the
public is not unreasonably placed at risk. Sanctions hearings shall be recorded or
reported, and shall be final. The hearing officer shall have the authority to impose
additional administrative fees authorized under a fee ordinance or resolution
adopted by the governing body under whose authority the hearing has been
undertaken for the expenses related to the sanctions hearing. The orders from such
sanctions hearings shall be subject to review by the Superior Court pursuant to the
provisions of CCP section 1094.5.
(d) Any owner/guardian failing to abide by the final orders of the hearing officer within
the period allowed within the orders or under law shall pay a civil administrative
penalty in the amount of $500. The civil administrative penalty may be waived where
failure to perform the required order(s) is/are due to reasonable cause and
circumstances beyond the control of the dog owner/guardian which shall be
determined by the hearing officer. Any person dissatisfied with a hearing
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 8 of 30
determination denying waiver of the civil administrative penalty may petition for
review by the Superior Court pursuant to the provisions of CCP section 1094.5.
20-2.130 Disposition of animals by Animal Services Agency.
Except where otherwise provided in this chapter, the Animal Services Agency shall
keep any animal impounded for violation of the provisions of this chapter or
relinquished for the period of time hereinafter specified and shall determine the final
disposition of the same in accordance with the following provisions:
(a) Unidentified Stray Animals. All impounded unidentified stray animals shall be held
for redemption for five working days. The stray holding period shall not include the
day upon which the animal was impounded, days the animal shelter is closed or
holidays. At the end of the stray holding period, the Animal Services Agency shall
determine the final disposition of the animal, which may include adoption,
redemption or euthanasia.
(b) Identified Stray Animals. All impounded stray animals where an owner/guardian is
known shall be held eight working days. The stray holding period shall not include
the day upon which the animal was impounded, days the animal shelter is closed or
holidays. At the end of the stray holding period, the Animal Services Agency shall
determine the final disposition of the animal, which may include adoption,
redemption, or euthanasia. The Animal Services Agency shall notify the
owner/guardian by mail at the last known address of the animal being impounded.
Notice of impoundment shall be given to the animal owner/guardian within 24 hours
of impoundment.
(c) Release of dogs and cats. All dogs four months old and older shall be released to
their owner/guardians with a current dog license. All cats four months old and older
shall be released to their owner/guardians with proof of a current rabies vaccination.
(d) Sterilization of Animals Released for Adoption. No dog or cat shall be released for
adoption without being sterilized.
(e) The Animal Services Agency shall follow all laws of the State of California
concerning holding periods and final disposition of animals.
20-2.140 Redemption of impounded animals.
Except where redemption is not permitted by this chapter, redemption of an
impounded animal by the owner/guardian shall be made by exhibiting to the Animal
Services Agency proof of the owner/guardian's identity and any required license
certificate, tag, or other satisfactory proof of custody. All charges provided for under
Section 20-2.150 must be paid to the Animal Services Agency prior to the animal being
redeemed. If such animal is released to a person other than the owner/guardian, the
owner/guardian of such animal may, at any time within thirty days, request the Animal
Services Agency to return the animal to the owner/guardian. All costs of impoundment,
including charges for boarding, shall be collected prior to the animal being released to
the owner/guardian. No person may redeem an animal under this section if he or she
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008 Page 9 of 30
was given written notice of such impoundment by the Animal Services Agency and
failed for a period of eight days after the mailing of such notice to redeem such animal
from impoundment.
20-2.150 Fees for redemption, placement, surrender.
(a) Redemption Fees. No animal may be released by the Animal Services Agency to
the owner/guardian until all appropriate charges have been paid. The redemption
fee for an impounded animal shall be established by separate resolution of the
Board of Supervisors.
(b) Boarding Fees. The Animal Services Agency shall collect boarding fees for dogs
and cats as may be established by separate resolution of the Board of Supervisors.
Fees for livestock shall be collected pursuant to Section 20-2.220.
(c) Veterinary Fees. The Animal Services Agency shall collect all fees associated with
veterinary care provided to any impounded animal.
(d) Surrender. Animals surrendered by their owner/guardians subsequent to
impoundment for a violation of this chapter or any provisions of state law shall not
relieve the owner/guardian of the obligation to pay such charges as set forth by
separate resolution of the Board of Supervisors, prior to such surrender.
20-2.160 Dogs running at large in certain public places.
It is unlawful for the owner/guardian or person having control of any dog to
permit the dog to run at large in any public place, including without limitation, parks,
school grounds, commercial districts, wildlife preserves or game refuges, or in any
public watershed areas; except where the Town Council by ordinance or resolution has
specifically permitted dogs to run at large; and where signs acknowledging such
permission have been erected by the Town. Every dog found running at large in
violation of the provisions of this section shall be immediately seized and impounded.
Any duly authorized peace officer or person exercising peace officer powers shall be
entitled to take such other action as may be reasonably necessary for the protection of
public health and safety.
20-2.165
Dogs----Owner/guardian responsible for removing feces.
It is unlawful for the owner/guardian or person having custody or control of any
dog to allow such dog to defecate upon any public property or upon any private
property not owned or possessed by said person unless the person immediately
removes and disposes of the feces in a sanitary manner.
20-2.170 Dogs running on certain private lands.
It is unlawful for the owner/guardian or person having control of any dog to suffer
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 10 of 30
or permit the same to run upon the lands of another whereon livestock or domestic fowl
are kept, without the consent of the owner/guardian or person entitled to the use or
possession of such lands.
20-2.175
Control of dogs--Leash requirement in certain places.
It is unlawful for the owner/guardian or person having custody or control of any
dog to allow such dog in the places listed below unless such dog is restrained by a
leash of sufficiently short length to enable such person to maintain constant control over
such dog:
a) The entire length of the Richardson Bay Lineal Park Multi-Use Path
(former railroad right-of-way), defined as the paved pathway commencing
on the west at Blackie's Pasture Road and terminating on the east at the
intersection of Cove Road and Tiburon Boulevard;
b) McKegney Green, defined as the large grassy field located in the
Richardson Bay Lineal Park across Tiburon Boulevard from Del Mar
Middle School and immediately northwest of the prominent knoll (South
Knoll) located near the public street known as Pine Terrace;
c) South Knoll Park and Playground, defined as that portion of Richardson
Bay Lineal Park bounded on the north by South Knoll, on the east by the
Multi-use Path, and on the south and west by Richardson Bay, including
the irrigated and non-irrigated field areas and the playgrounds;
d) Zelinsky Park and Railroad Marsh, defined as those grassy park and
freshwater marsh and fringe areas located directly behind (north of) the
Belvedere Public Library and Tiburon Town Hall at 1501-1505 Tiburon
Boulevard, and bounded on the west by Mar West Street, on the east by
the Point Tiburon Marsh residential condominiums, and on the north by
the Judge Field portion of the Tiburon Peninsula Club property;
e) Shoreline Park, defined as the park located in the downtown area
between Paradise Drive on the north, San Francisco Bay on the south,
Mar West Street on the east, and the Main Street/Tiburon Boulevard
intersection on the west;
f) Any street, sidewalk or parking lot in the downtown area, as that term is
defined in Section 20-1.002;
g) Any commercial district, as that term is defined in Section 20-1 .002.
20-2.177 Control of dogs by responsible person----General
(a) Except as provided in Section 20-2.175, dogs shall at all times be kept
under the immediate control and direction of a competent, responsible person who is
capable of controlling such animal. Any dog that is not subject to such control and
direction may be seized and impounded.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 11 of 30
(b) Every owner/guardian or possessor of a dog shall at all times prevent
such dog from biting or physically harassing any person engaged in a lawful act and
from interfering with the lawful use of public or private property.
(c) Every owner/guardian or possessor of a dog shall at all times prevent
such dog from causing injury to another domestic animal that results in veterinarian
treatment or death while such domestic animal is lawfully upon public or private
property.
(d) Every owner/guardian or" possessor of a dog shall desist from
commanding or provoking such dog to attack, sic or threaten a person when such
person is peaceably and lawfully upon public or private property.
20-2.179
Prohibition of habitual animal noise which unreasonably disturbs the
peace.
(a) Subject to the provisions of subsections (b), (c), (d) and (e) of this section,
it is unlawful for any person to suffer or permit any dog, cat, fowl, or other animal to
habitually bark, yelp, howl or create noise in such a manner which unreasonably
disturbs the peace of any person(s).
(b) Any person who shall keep or permit to remain on any premises, an
animal which disturbs the peace of any person in the manner set forth in subsection (a)
of this section shall be guilty of an infraction for a first offense for a subsequent second
offense as provided in Section 20-1.005. Any person found in violation of this
subsection for a third or additional offense shall be guilty of a misdemeanor. An animal
kennel regulated by a use permit under the provisions of the Tiburon Municipal Code
shall not be subject to the provisions of this section. This section shall not apply to
customary animal noises of livestock, horses or other animals kept for agricultural
activities in areas including but not limited to farms, ranches and stables that are zoned
or legally permitted for such purposes.
(c) Except as otherwise provided in subsection (d) of this section, where the
animal owner/guardian is present and available at a household, the police will notify the
keeper of the offending animal of the noise violation and direct that such violation be
abated. If the police receive a second complaint from any person within thirty (30) days
of the notice of complaint of an additional violation by the animal, then the police may
issue a citation provided there is probable cause to believe the noise has been
continuous for one half hour or more. If an animal creates noise, but not to the extent of
a half hour of continuous noise, and the owner/guardian is not present at home, the
police shall issue a written notice of complaint upon a first complaint that informs the
owner/guardian that a further violation within thirty (30) days of the notice of complaint
may result in the issuance of a citation. Written notice of complaint shall be sufficient by
securely posting the notice of the complaint upon the door of the household where the
animal is kept. If the police receive a second complaint from any person within thirty
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 12 of 30
(30) days of the notice of complaint of an additional violation by the animal, then the
police may issue a citation provided there is probable cause to believe the noise has
been continuous for a half an hour or more. Whenever possible, the police may
recommend the services of county mediation to the complainant and the keeper of the
animal as a means of resolving the animal nuisance noise. If mediation is refused by
either party or is unsuccessful at the end of the thirty business days, then the matter
shall proceed as if it were never referred to mediation.
(d) If the animal owner/guardian of the offending animal is unavailable, the police
may issue a citation with a first complaint if it is determined by the police after
investigation of the complaint and interview of the complainant that the noise created by
the animal has persisted for one half hour or more and cannot be abated or quieted so
that it continues to disturb the peace of the complaining person(s). If the noise created
by the animal can be abated or quieted so that it does not continue to disturb the
peace, such abatement or quieting shall be done and the police shall issue a written
notice of complaint upon a first complaint that informs the owner/guardian that a further
violation within thirty (30) days of the notice of complaint may result in the issuance of a
citation. Written notice of complaint shall be sufficient by securely posting the notice of
the complaint upon the door of the household where the animal is kept. If the police
receive a second complaint from any person within thirty (30) days of the notice of
complaint of an additional violation by the animal, then the police may issue a citation
provided there is probable cause to believe the noise has been continuous for a half an
hour or more. The police may in addition make a referral to Animal Services so an
investigation may ensue as to whether the animal should be taken into protective
custody. The animal may be taken into protective custody by Animal Services for
animal owner/guardian abuse, neglect, or any other grounds within their authority. An
animal placed under protective custody under this section may be redeemed by the
owner/guardian provided there is presented to the Animal Services Agency proof of the
owner/guardian's identity and any required license certificate or license tag or other
satisfactory proof of owner/guardianship and by paying the charges referenced under
Section 20-2.150 and the fees that may be established by separate resolution or
ordinance of the Board of Supervisors in reference thereto.
(e) The owner/guardian of an animal taken into protective custody under this
section shall be entitled to a hearing conducted by a hearing officer designated by the
Town Manager or his/her designee pursuant to the provisions of Section 20-2.122. The
hearing shall be conducted for the purpose of determining whether the taking of the
animal into protective custody was proper and whether the protective custody should
continue. The hearing shall be held within ten (10) business days following the taking of
the animal into custody provided such owner/guardian files a written request for a
hearing with the police within five (5) business days following written notice. Unless the
hearing officer otherwise determines, the owner/guardian is liable for all charges related
to such taking of the animal into protective custody.
(f) Such repeated acts by an owner/guardian of allowing an animal to disturb the
peace, as described by subsection (a) and subject to the limitations set forth in
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 13 of 30
subsections (b), (c), and (d), shall constitute a public nuisance under the provisions of
Title VI, Chapter 31 of the Tiburon Municipal Code. Persons responsible for such
disturbances may be held liable to civil penalties as may be set forth in Title VI, Chapter
31 of the Tiburon Municipal Code.
20-2.180
Prohibition of animals trespassing on public or private property.
It is unlawful to suffer or permit any animal to trespass on private or public prop.erty
so as to damage or destroy any property or thing of value, or so as to commit any other
act dangerous to public health or safety, and any animal committing such an act is a
public nuisance.
20-2.181 Potentially dangerous and vicious dogs.
(a) Except as otherwise provided under the provisions of subsections (b) through (e) of
this section, the provisions of Chapter 9, Articles 1 through 5, Sections 31601
through 31683 and any amendments thereto exclusive of Sections 31602,31603,
31606 and 31644 of the Food and Agricultural Code are adopted and incorporated
by reference herein. The hearing provisions set forth in subsection (e) below shall
be in addition to the provisions set forth above in section 20-2.122.
(b) "Potentially dangerous dog" means any of the following:
(1) Any dog which, when unprovoked on two separate occasions within the prior
thirty-six month period, engages in any behavior that requires a defensive action by
any person to prevent bodily injury when the person and the dog are off the property
of the owner/guardian of the dog;
(2) Any dog which, when unprovoked, bites a person causing a less severe injury
than as defined in Section 31604 of the Food and Agricultural Code;
(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury
or otherwise caused injury attacking a domestic animal off the property of the
owner/guardian of the dog.
(4) Any dog that has been deemed by another governmental jurisdiction as
"potentially dangerous" or "dangerous", or similar designation.
(c) "Vicious dog" means any of the following:
(1) Any dog seized under Section 599aa of the Penal Code and upon the
sustaining of a conviction of the owner/guardian under subdivision (a) of Section
597.5 of the Penal Code;
(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe
injury on or kills a human being;
(3) Any dog previously determined to be and currently liste.d as a potentially
dangerous dog which, after its owner/guardian has been notified of this
determination, continues the behavior described in Section 20-2.181 (b) or is
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 14 of 30
maintained in violation of Section 31641, 31642 or 31643 of the California Food
and Agricultural Code.
(4) Any dog that has been deemed by another governmental jurisdiction as
"vicious" or similar designation.
(5) Any dog which has engaged in any aggressive behavior that demonstrates
that the dog represents a clear and present substantial danger to public health
or safety and that due to substantial risk to public health or safety it is unlikely
that the dog could be safely maintained.
(d) "Severe injury" means any physical injury directly caused by a dog attack that results
in muscle tear(s), puncture(s), dislocation(s), broken bone(s) or disfiguring
laceration(s), or which requires the suturing of a wound, corrective or cosmetic
surgery and hospitalization for any of the aforementioned conditions.
(e) A hearing on whether a dog shall be declared potentially dangerous or vicious shall
be conducted in the following manner:
(1) If the director has investigated and determined that there exists probable cause
to believe that a dog is potentially dangerous or vicious as defined by this
section, a hearing shall be conducted. The director shall prepare a petition
specifying the basis as to why the dog is potentially dangerous or vicious.
(2) A documented complaint must be received from a member of the public which
serves as the evidentiary basis for the director to find probable cause shall be
sworn to and verified by the complainant and shall be attached to the petition.
(3) Prior to commencement of a potentially dangerous dog hearing and if the
allegations of the petition indicate that the dog is potentially dangerous as
defined under Section 20-2.181 (b), the County Administrator or his/her designee
may offer in writing mediation services as an alternative to a hearing provided
both the complainant and the owner/guardian agree in writing to mediation.
Mediation must be concluded within thirty days of the offer to mediate. If
mediation is refused or is unsuccessful, then the matter shall be referred to a
hearing under this subsection.
(4) The County Administrator or his/her designee shall designate a hearing officer
from a panel of up to five persons whose membership shall be designated by the
Board of Supervisors. Hearing officer applicants shall have had a minimum of
five years experience as a practicing attorney and prior experience in
administrative, arbitration or mediation hearings. Prior experience in care and
control of animals shall also be considered but is not necessary. The hearing
officer shall conduct a hearing as described in Section 20-2.122 on whether a
dog shall be declared potentially dangerous or vicious. The hearing officer shall
be compensated for the actual hours devoted to the hearing and its
determination at the County-approved hourly rate for said services.
(5) The County Administrator or his/her designee shall provide written notice to the
owner/guardian of the specific behavior of the dog alleged in the petition and the
date upon which a hearing will be held to consider the petition. The hearing shall
be held within the time limits set forth by the Food and Agricultural Code Section
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 15 of 30
31621 or any amendments thereto. The notice shall advise the owner/guardian
of the consequences of a finding of potentially dangerous or vicious. The hearing
shall be open to the public and the hearing officer may admit into evidence all
relevant evidence, and exercise the full scope of authority set forth in Food and
Agricultural Code Section 31621. Service of the notice shall be made in
accordance with Section 1.04.190 of the Marin County Code. Where the
owner/guardian's address of any dog is unknown, notice of the hearing shall be
given by posting the same in the office of the director and by publication in a
newspaper of general circulation. Notice shall then be deemed given on
publication of the notice.
(6)A hearing may be continued if the hearing officer deems it necessary and proper
or upon a showing of good cause.
(7) The time for hearing and the hearing provisions of this subsection shall be
stayed if mediation services are offered pursuant to the provisions of (3) of this
subsection. The time for hearing and the hearing provisions of this subsection
shall recommence at the date the County Administrator or his/her designee has
determined in writing that mediation has not been accepted or has been
u nsuccessfu I.
(8) Complaint(s) from the public serve as the evidentiary basis for the director to
prepare a petition. At least one of the complainants or his or her designee in the
matter must appear and testify at the hearing or the complaint shall be
dismissed.
(9) If the owner/guardian fails to appear at the hearing, the hearing shall
nevertheless proceed and an appropriate order shall be issued.
(10) The hearing officer shall consider all relevant responsible evidence without
regard to the formal rules of evidence, including circumstances of mitigation, and
the record of any prior violations by the owner/guardian.
(11) All witnesses shall testify under oath or affirmation. The oath shall be
administered by the hearing officer. The hearing officer may, when appropriate,
request the production of oral or documentary evidence which is reasonably
necessary and relevant to conduct a hearing. All proceedings shall be tape
recorded.
(12)The hearing officer shall issue a written determination based upon a
preponderance of the evidence, which shall be mailed to the owner/guardian
within seven days after the hearing is completed. A determination that a dog is
potentially dangerous or vicious is subject to a de novo review by the Superior
Court.
(13)lf a dog is found to be potentially dangerous or vicious by a preponderance of
the evidence, the dog shall be so designated on the records of the animal
services agency. Such a designation shall be considered in future determinations
involving the dog and/or owner/guardian.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 16 of 30
(14)The owner/guardian of a dog for which a potentially dangerous or vicious dog
petition has been issued may irrevocably waive his right to a hearing and any
further appeal under Food and AgricUltural Code Section 31622 and accept all
conditions, sanctions and penalties set forth in Food and Agricultural Code
Sections 31641,31642, and 31643. The County Administrator or his/her
designee will mail a waiver form to the dog owner/guardian. The waiver must be
signed by the dog owner/guardian and received by the County Administrator
within thirty days from the date of agreement to waive, or a hearing will be
scheduled within thirty days of the refusal to sign the agreement to waive.
(15) Obligations for the Owner/Guardian of dogs deemed potentially dangerous.
(i)ln accordance with the provisions of Food and Agricultural Code Section
31641 , the owner/guardian of a potentially dangerous dog shall in addition
to the regular licensing fee, pay to the animal control agency an annual
fee as may be established by separate resolution of the Board of
Supervisors for the increased costs of maintaining the records of the dog.
(ii)Within thirty (30) days of the determination that the dog is potentially
dangerous, the owner/guardian of the dog sterilized and deliver proof of
sterilization of the animal to the Animal Services Agency.
(iii) Within thirty (30) days of the determination that a dog is potentially
dangerous, the owner/guardian shall provide a secure and humane
enclosure for the dog on the owner/guardian's property. The dog must be
confined in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children. Such pen or structure shall be
constructed such that the dog cannot climb, dig, jump or otherwise escape
of its own volition.
(iv) All dogs found potentially dangerous shall be maintained under
immediate control of a responsible adult by a substantial leash
appropriate for the size of the dog and no more than six feet in length
when off of the property of the owner/guardian.
(v)The owner/guardian of a dog found potentially dangerous under this
Section, who has no additional violations of this Chapter 20 of the Tiburon
Municipal Code, within a thirty-six-month period from the date of
designation as potentially dangerous, shall be removed from the list of
potentially dangerous dogs by the director. The dog may be, but is not
required to be, removed from the list of potentially dangerous dogs prior to
the expiration of the thirty-six-month period if the owner/guardian of the
dog demonstrates to the director that changes in circumstances or
measures taken by the owner/guardian, such as training of the dog, have
mitigated the risk to public safety.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 17 of 30
(16) Obligations for the owner/guardian of a dog deemed vicious
(i) The owner/guardian of a dog determined to be vicious shall, if it is not
subject to destruction, in addition to the regular licensing fee, pay to the
animal control agency an annual fee as may be established by separate
ordinance of the Board of Supervisors to provide for the increased costs
of maintaining the records of the dog.
(ii) The owner/guardian of a dog determined to be vicious shall, if it is not
subject to destruction, at his/her own expense, have the vicious animal
registration number assigned to the dog tatfooed upon the dog's left ear
or, if the left ear is not available, on the left inner thigh, by a licensed
veterinarian or a person trained, authorized and licensed to do business
as an animal tattooist. As an alternative to tattooing, an owner/guardian
may have a microchip injected beneath the skin, and between the
shoulder blades of the animal by a licensed veterinarian. The
owner/guardian shaU provide proof satisfactory to the Animal Services
Agency of such tattooing or microchipping within thirty days of the vicious
determination.
(iii) The owner/guardian of a vicious dog shall, if it is not subject to
destruction, within ten days of such determination, upon request by the
Animal Services Agency present said animal at the Animal Services
Agency and allow photographs and measurements of the animal to be
taken for purposes of identification.
(iv) Within 30 days of vicious dog determination, the owner/guardian of the
dog, if it is not subject to destruction, shaU provide proof to the Animal
Services Agency that the dog is contained in a secure and humane
enclosure for the animal on the owner's property. The animal must be
confined in a securely enclosed and locked pen or structure, suitable to
prevent the entry of children or unauthorized persons. Such pen or
structure shall be constructed such that the animal cannot climb, dig, jump
or otherwise escape. The pen or structure shall be constructed with
sufficiently strong materials and shall have a top that is secured to the
floor and sides of the enclosure.
(v) Within 30 days of the determination that a dog is vicious, the
owner/guardian of the dog, if it is not subject to destruction, shall provide
proof of sterilization of the dog to the animal services agency.
(vi) The owner/guardian of a dog found vicious under this Section who has no
additional violations of any of the provisions this Chapter 20 of the Tiburon
Municipal Code, after a thirty-six-month period from the date of
designation as vicious, may apply to the director to remove the animal
from the list of vicious animals. The director shall have the discretion to
remove the animal from the list of vicious animals upon proof of the
successful completion of at least eight weeks of formal obedience
training, other similar evidence of training, or other rehabilitative efforts
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 18 of 30
designed to mitigate the risk to public safety.
(17) Regulatory measures in addition to those under State law.
The administrative hearing officer shall have the authority to impose any
of the regulatory actions authorized under the Food and Agricultural Code
and this section. To the extent justified by the circumstances, the
administrative hearing officer shall have the authority to impose additional
regulatory restrictions that have a reasonable nexus to the circumstances
of the case which may not be adequately addressed by the normal
statutory remedies. Such measures shall be undertaken in the interests of
public health and safety, and may .include, but not be limited to the
following:
1 .) Destruction of the dog
2.) Muzzling of the dog
3.) Confinement of the dog
4.) Displaying conspicuously on the owner/guardian's property such signs
as are required by Animal Services and to be obtained at
owner/guardian's expense with a symbol warning of the presence of a
potentially dangerous or vicious dog.
5.) Restrictions upon the owner/guardian of the dog or similar animals
6.) Loss of the right to maintain the dog or similar dogs identified by the
hearing officer
7.) Loss of the ability to take the dog off the confined premises of the
owner/guardian's property
8.) Restrictions upon the animal services business that may be subject to
Animal Services regulation
9.) Similar restrictions upon the dog or dog owner/guardian, or service
provider calculated to prevent further loss of property, risk of harm to
animals or risk to human life
10.) Any measures, not otherwise hereinabove set forth that, are
reasonably calculated to reduce the risk of harm to human life and
safety, or reasonably calculated to prevent property loss or the loss or
harm to animals.
(18) Failure to comply with regulatory measures.
In the event an owner/guardian of a dog fails to comply with the regulatory
measures deemed necessary by an administrative hearing officer, a
further hearing may be convened for the purposes of determining what, if
any, sanctions are appropriately imposed. The procedures for such a
hearing are set forth in 20-2.122(c).
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 19 of 30
20-2.182
Prohibition.
No person shall board, have, keep, maintain or have in his/her possession or
control, for any length of time, in any area zoned residential, any wild and/or
undomesticated animal, as defined in Section 20-2.183.
20-2.183
Definition of wild and/or undomesticated animal.
For purposes of Sections 20-2.182 through 20-2.184, a "wild and/or
undomesticated animal" is defined as an animal which is wild by nature and not
customarily domesticated in Marin County and which, because of its size, disposition or
other characteristics could constitute a danger to human life or property. Such wild
and/or undomesticated animals shall be deemed to include but are not exclusive of:
I. Class Mammalia.
A. Order Carnivora.
1. Family Felidae (cat) including but not limited to such members as the
tiger, the jaguar, the leopard, the lion, the serval, the mountain lion, the
bobcat, the ocelot and the cougar, excepting Felis Domesticus
(domestic cat),
2. Family Hyenidae (hyena),
3. Family Urisideae (bear),
4. Family Candidae (dog) excepting Canis Familiaris (domestic dog) and
including but not limited to such members as the wolf, coyote and the
jackal;
B. Order Probscidea (elephant);
C. Order Primata (primates), including but not limited to the chimpanzee, the
baboon, the orangutan, the gibbon, the macaque and the gorilla,
excepting the Family Hominidae (man);
D. Order Artiodactyla, even-toed hoofed mammals such as water buffalo,
camels, elk, moose, deer and antelope, excluding the domesticated
species of the Family Suidae (domestic pig) and Family Bovidae (cattle,
sheep, goats, llamas and alpacas);
E. Order Perissodactyla, odd-to"ed hoofed mammals including the zebra and
rhinoceros, excluding the domesticated species of the Family Equidae
(horses, donkeys, etc.).
II. Class Reptilia.
A. Order Squamata.
1. Sub-Order Serpentes, all front and rear fanged venomous snakes,
2. Sub-Order Lacertilia, both venomous species of the Family Heloder
Matidae (gila monster and Mexican beaded lizard);
B. Order Crocodilia (crocodile, alligator and caiman).
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008 Page 20 of 30
III. Class Aves.
A. Sub-Order Ratitae, such as, but not limited to, ostriches, rheas,
cassowaries and emus, excluding small caged birds such as parrots,
cockatoos, cockatiels, parakeets, canaries, love birds and finches.
IV. Any other species of the animal kingdom (as opposed to vegetable or
mineral) which is venomous to human beings whether its venom is
transmitted by bite, sting, touch or other means, excepting the honey-
producing bee.)
20-2.184
Remedial Measures.
(a) Impoundment. Any wild and/or undomesticated animal as defined in Section 20-
2.183 of this chapter determined to be in the Town in violation of Section 20-2.182
may be impounded by the Animal Services Agency.
(b) Notice of removal. Whenever the Animal Services Agency causes the
impoundment of such wild and/or undomesticated animal as authorized in Section
20-2.184, the Animal Services Agency shall immediately give notice of such
impoundment, the grounds thereof and the place to which such animal has been
impounded.
(c) Penalty. Any person who boards, has, keeps, maintains, or has in his/her
possession or control, for any length of time, any wild and/or undomesticated animal
in violation of any of the provisions of Sections 20-2.182 through 20-2.184 of this
chapter shall be guilty of a misdemeanor and shall be subject to imprisonment in the
county jail for not more than six months or a fine not to exceed one thousand dollars
or both.
20-2.185 Limitation on number of dogs.
Except as provided in Sections 20-2.245 and 20-2.246 of this Chapter, and other
than legal uses now in existence, it is unlawful for any person to keep or harbor more
than three dogs which are over the age of four months on any lot, premises, dwelling,
building, structure, boat or living accommodation. As used in this section, "lot",
"dwelling", "building" and "structure" have the same meaning as set forth in Title IV,
Chapter 16 of the Tiburon Municipal Code.
20-2.190 Stray animals.
Any person discovering a stray or apparently lost animal shall report the same to
the Animal Services Agency. Any person who apprehends or picks up a stray or lost
animal shall report the same to the Animal Services Agency within eight hours
thereafter and shall release such animal to the Animal Services Agency upon dema~d.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 21 of 30
20-2.195 Fees for pickup and disposal of dead dogs, cats and small
household pets and wildlife.
A fee, as may be established by separate resolution of the Board of Supervisors,
shall be charged to an owner/guardian of a dead dog, cat or small household pet for the
pickup and disposal of the animal by the Animal Services Agency. Fees as may be
established by separate resolution of the Board of Supervisors, may be charged for
pickup and disposal of dead wildlife under fifty pounds, and a higher fee may be
charged for dead wildlife fifty pounds and over by the Animal Services Agency.
20-2.200 Biting animals to be reported.
The owner/guardian or other person having custody or control of any animal
which bites a human being shall immediately notify the county health officer or the
Animal Services Agency of such bite, giving the name and address of the person bitten,
if known, and shall faithfully obey any quarantine or other regulatory instructions
(including but not limited to the temporary surrender of the deceased animal for testing)
in furtherance of public health given by the health officer or his/her designated
representative. To the extent the regulatory instructions of the health officer reach
beyond the scope of the powers authorized under Health & Safety Code section
121710, violations of duties created under this Code shall be treated as infractions.
20-2.220 Stray livestock-Charges.
Notwithstanding any provisions in this chapter to the contrary, the Agricultural
Code of the state of California, Division 3, Chapter 5, shall be complied with in
reference to stray bovine animals, horses, mules or burros; however, stray animals will
be subject to fees as may be established by separate resolution of the Board of
Supervisors. The Town shall also be entitled to collect for all costs incurred and fees in
connection with such animals, including, but not limited to, the cost of herding,
advertising, transporting, drugs, and veterinary services. The fees for said services may
be established by separate resolution of the Board of Supervisors.
20-2.225 Prohibition of big cats in residential areas.
It is unlawful for any person to keep, possess, place, store, maintain, control,
house, maintain custody of or board, or for any person to permit another, or to assist
another in keeping, possessing, placing, storing, maintaining, controlling, housing,
keeping custody of or boarding any kind or breed of any live cat (Family Felidae) except
house cats (Felis Domesticus) in any area zoned as residential on the Town of Tiburon
Zoning Map pursuant to Title IV, Chapter 16, Section 16-2.16 of the Tiburon Municipal
Code.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 22 of 30
20-2.226 Feeding of Certain Wild Animals
(a) No person shall intentionally feed or in any manner knowingly provide
food for non-captive wild and/or undomesticated animals as defined in Section 20-
2.183, including, but not limited to, coyotes, mountain lions, foxes, bobcats, raccoons,
skunks, opossums and turkeys.
(b) This Section shall not apply to persons legally engaged in trapping wild
animals with devices utilizing food items as bait pursuant to applicable laws.
20-2.230 Use of animals for exhibits
It is unlawful for any person to operate, conduct or maintain any commercial show,
circus, animal exhibition, carnival or advertising display or device in which any animal,
wild or domestic, is used or kept without first having obtained a permit from the Animal
Services Agency at least thirty days prior to the scheduled event.
(a) The Animal Services Agency shall receive and review applications for
such permits upon the applicant's filing and the payment of the applicable permit fee
imposed for such purposes as may be established by separate resolution of the Board
of Supervisors within thirty (30) days of the filing thereof. Only one fee shall be paid
per application, irrespective of the number of animals or exhibitions for which the
application is made.
(b) The Animal Services Agency, may, in connection with this permit authority
either, establish operating conditions, deny the application or revoke the permit if the
Animal Services Agency can reasonably demonstrate that the conditions imposed upon
issuance of the permit or its denial are necessary to protect the public health and
safety, or provide for the humane care and treatment of any animals used or kept.
(c) [Purposely left blank]
(d) The Animals Services Agency shall make written findings regarding the
conditions imposed with issuance of the permit or written findings and explanation for
. denial of the permit within seven (7) business days of receiving the application. The
Animal Services Agency may waive the permit fee when the use of the animals for
exhibit benefits a nonprofit, educational or governmental organization and an inspection
of the exhibit is not necessary. If the Animal Services Agency denies or revokes a
permit, the applicant or permittee may request a hearing in accordance with the
provisions of Section 20-2.241 .
20-2.240 Commercial animal establishment.
It is unlawful for any person to operate or maintain any commercial animal
establishment without first obtaining a permit. An annual permit fee may be established
by separate resolution of the Board of Supervisors. Such permit shall expire on the last
day of the twelfth month from the date of issue. In the event that application for renewal
is not made on or before the date of expiration, a delinquency charge, as may be
established by separate resolution of the Board of Supervisors, may be assessed. For
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 23 of 30
every calendar month of delinquency, an additional fee may be assessed if such a fee
is established by separate resolution of the Board of Supervisors.
The Animal Services Agency shall, in connection with the issuance of any such permit,
establish such conditions as may be necessary to provide for the humane care and
treatment of animals. The Animal Services Agency may deny or revoke such permit
when necessary to insure public safety and the humane care or treatment of animals.
20-2.241 Hearing regarding permits for use of animals for exhibits.
A request for a hearing shall be in writing and filed with the Animal Services
Agency no later than seven (7) days following transmittal of the Animal Services
Agency's decision and accompanying findings and conditions with findings to the
permittee. Animal Se~ices Agency shall set the hearing for a date no later than ten
(10) days after its receipt of the request for hearing. The hearing shall be held by the
hearing officer (County Administrator or his/her designee). The hearing officer shall
render a decision within 10 days following completion of the hearing. The decision of
the hearing officer shall be final.
20-2.245 Dog hobbyists.
(a) Regulations. The Animal Services Agency is authorized and directed to
adopt and to submit for approval to the Board of Supervisors regulations concerning
dog hobbyist activities.
(b) Permit. An individual who wants to qualify as a dog hobbyist must apply for a
permit from the Animal Services Agency. A permit shall be issued if after
investigation, the Animal Services Agency determines that the applicant is a bona
fide dog hobbyist, maintains appropriate premises for the proper confinement and
control of dogs. The Animal Services Agency must determine that issuance of a
permit will not create a nuisance in the neighborhood in which the activity is
proposed, and in all other respects complies with the regulations adopted by the
Animal Services Agency pertaining to dog hobbyists. Permits may be issued subject
to such conditions as the Animal Services Agency determines are necessary to
protect the public health and welfare and to avoid the creation of a nuisance or
public health hazard.
(c) Hearings. Any applicant, permittee or other interested party aggrieved by
the issuance, revocation or modification of a permit may request a hearing provided by
Section 20-2.122. A request for a hearing or mediation shall be in writing and filed with
the Animal Services Agency not later than thirty (30) working days following transmittal
of the Animal Services Agency's decision to the applicant or permittee. Upon conclusion
of the hearing, the presiding officer shall issue an appropriate order sustaining,
modifying or setting aside the determination of the Animal Services Agency.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 24 of 30
(d) Revocation of Permit. A permit may be revoked, or continued, subject to
limited conditions of use, if the Animal Services Agency determines that any of the
following conditions exist:
(1) The permittee has violated the provisions of this chapter twice in one license
year.
(2) The permittee has been convicted of cruelty to animals.
(3) The permittee has failed to comply with the conditions of the permit.
(4) Continuation of the permit will create a public nuisance or health hazard.
(5) Continuation of the permit will create a nuisance in the neighborhood in which
the permit has been issued.
(e) Fees and Licenses. The Animal Services Agency shall collect a fee for the
issuance of each dog hobbyist permit as may be established by separate resolution
of the Board of Supervisors. The issuance of a dog hobbyist permit shall include
provision of an individual license for each dog harbored under the permit at no
additional charge.
(f) Confinement. All dogs under the control of a dog hobbyist must be confined to
the owner's/guardian's property at all times, except when removed for training,
recreational use or exhibition, at which times they must be under the immediate
control of the permittee or agent.
20-2.246 Ranch dog permittees.
The provisions and regulations provided in Section 20-2.245 for dog hobbyists
shall govern and apply to all ranch dog permittees. The fees and license requirements
for any ranch dog permittee shall be the same as provided in Section 20-2.245 for dog
hobbyists.
20-2.250 Sale of animals for experimentation.
The Animal Services Agency or anyone employed thereof shall not knowingly
sell or give any impounded animal to any person, firm, corporation, association or
school for the purpose of animal experimentation. No person, firm, corporation,
association or school shall by fraud, misrepresentation or coercion induce the Animal
Services Agency or anyone employed thereof to sell or give away any impounded
animal for the purpose of animal experimentation.
20-2.252 Animals and vehicles.
(a) No person, other than an individual actually working a dog for ranching
purposes, shall transport or carry, on any public highway or public roadway any dog
in a motor vehicle, unless the animal is safely enclosed within the vehicle or
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 25 of 30
protected by a cap or container, cage or other device that will prevent the dog from
falling from, being thrown from, or jumping from the motor vehicle.
(b) No person shall leave an animal in an unattended vehicle without adequate
ventilation, or in such a manner as to subject the animal to extreme temperatures
which adversely affect the animal's health or welfare.
20-2.255 Senior citizen, blind or disabled persons discount on specified fees.
(a) Senior citizens age sixty-two and older, blind or disabled persons, upon satisfactory
proof to the Animal Services Agency may be entitled to a fee discount for specified
town and county fees referenced in this chapter.
(b) For purposes of this section a person shall be considered to be disabled if that
person is unable to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be expected to last
for a continuous period of not less than twelve months, and only if the physical or
mental impairments are of such severity that person is not only unable to do his or
her previous type of work, but cannot, considering age, education and work
experience, engage in any kind of substantial gainful work.
(c) A person shall be considered blind if there has been a medical determination of
either of the following conditions:
(1) Central vision acuity (sharpness of vision) of no more than 20/200 with
correction; or
(2) Tunnel vision, which is limited visual field of twenty degrees or less.
Article III. Livestock----Miscellaneous regulations
20-3.010 Unaccompanied livestock on streets prohibited.
It is unlawful for any person controlling the possession of any livestock, to
voluntarily or negligently permit any such livestock to stray upon or remain
unaccompanied by a person in charge or control thereof upon any street.
20-3.020 Nighttime herding of livestock on streets regulated.
It is unlawful for any person to drive any such livestock upon, over or across any
public street between the hours of sunset and sunrise without keeping a sufficient
number of herders on continual duty to open the road so as to permit the passage of
vehicles.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 26 of 30
Article IV.
Hunting, running of deer
20-4.005 Hunting.
The provisions of this chapter shall not apply to any individual engaged in
hunting activities during the periods authorized and in the manner authorized by the
California Fish and Game Code and the California Administrative Code.
20-4.010 Permitting dogs to run deer.
Every owner/guardian or claimant of any dog who suffers or permits any dog to
hunt, chase, or kill deer in the Town shall be guilty of a misdemeanor.
20-4.020 Allowing certain dogs at large.
Every owner/guardian or claimant of any dog accustomed to or having the
propensity to hunt, chase, course or kill deer who suffers or permits such hound or
hounds or other dogs to go or run at large in the Town shall be guilty of a misdemeanor.
Article V. Regulation of Horses
20-5.1
Short title.
This article may be known and cited as the Horse License Ordinance.
20-5.2
Purpose of article.
This article is adopted to establish licensing requirements for the keeping of
horses and to regulate the keeping and maintenance thereof in order to protect and
promote the public health, safety, welfare, comfort and convenience, while permitting
residents to keep horses under appropriate conditions. This article is intended to
provide a basis for safe and healthful conditions. It is the intent that the regulations not
be applied arbitrarily, and for this reason specific provisions are included authorizing
exceptions after public hearing before the town council.
20-5.3
Definitions.
For the purpose of this article, certain words and phrases are defined as follows
and certain provisions shall be construed as herein set forth unless it shall be apparent
from the context that they have a different meaning.
"Corral" means a fenced area for the confinement of horses. Any fenced area
with less than one acre of net land in which any horse is kept shall be deemed to be a
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 27 of 30
corral, but the minimum area in which each horse may be confined shall be six hundred
square feet.
"Horse" means any member of the horse family including, but not limited to,
donkeys and mules.
Horse, maintenance for private use. "Maintenance for private use horse" means
the keeping of horses by residents of the town for private use, not for hire or rental and
not primarily for remuneration or sale.
"Horse stable" means a building or portion thereof designed or used for the
housing or feeding of horses.
"Pasture" means a fenced plot of ground other than a corral used for the
confinement of horses.
20-5.4
Compliance with article and zoning ordinance required.
It is unlawful for any person to keep or maintain or cause to be maintained in the
town, any horse except in conformance with the provisions of this article and with the
provisions of the zoning ordinance. No horse shall be kept without obtaining a permit
pursuant to the requirements of this article.
20-5.5
Use permit required.
No horse may be kept or maintained within the town without the owner first
obtaining a conditional use permit pursuant to Title IV, Chapter 16, Section 16-4.4 of
the Tiburon Municipal Code.
20-5.6
Horse permit--Required.
No horse may be kept or maintained in the town without the owner obtaining a
permit under the provisions of this article.
20-5.7 General requirements.
(a) Compliance required. All horses shall be kept in a corral or stable meeting the
requirements of this article, unless kept in a pasture under conditions meeting
the requirements of this article.
(b) Construction of pastures, corrals and stables.
(1) All corrals and pastures shall be enclosed by a substantial fence.
(2) Corrals for the enclosure of stallions shall conform to the state statutes
and regulations governing safety fencing.
(3) All new stables shall be built in conformance with the building code of the
town.
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 28 of 30
(c) Fire protection. The keeping of horses, and buildings and structures for this
purpose, shall conform to the fire protection standards and policies of the town
and the fire district.
(d) Drainage. Every parcel of land upon which horses are maintained shall be well
drained. The surface of all corrals or enclosures shall be graded so as to prevent
the accumulation of storm or casual waters, and so as to prevent erosion of top
soil into watercourses or drainage ditches or conduits.
(e) Sanitary conditions. It is declared to be a nuisance, and it is unlawful, to keep
any horses on premises which, in the opinion of a health officer, are in an
unsanitary or unhealthy condition.
(f) Inspections. All premises for which a permit is issued shall be subject to
inspection by town officials, and the holder of any permit shall agree to such
inspections as a condition of the granting of such permit.
20-5.8 Maintenance of horses for private use.
The maintenance of horses for private use, not for hire or rental and not primarily for
remuneration or sale, shall be subject to the procedures, regulations and requirements
set forth in this section in addition to the general requirements of this article.
Location and area requirements shall be as follows:
(a) The minimum lot area upon which one or two horses may be kept shall be one
acre. An additional horse may be kept on each additional one-half acre.
(b) The minimum area in which each horse may be confined shall be six hundred
square feet.
(c) The distance of a stable from a neighboring house shall be not less than eighty
feet.
(d) The minimum distance of a stable building from any neighboring parcel line or
from any street or residence on the same lot, shall be not less than forty feet.
(e) The minimum distance of a pasture or corral from any neighboring parcel line or
street parcel line shall be ten feet, or such greater distance as the applicable
zoning ordinance provision may provide.
(f) Stable buildings shall be so sited or constructed as to not present an unsightly
appearance to neighboring properties.
Section 3. Severability.
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
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 29 of 30
thereof, irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, or phrases may be declared invalid or unconstitutional.
Section 4. Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after the date of
adoption. Pursuant to the provisions of Government Code Section 36933, a summary
of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to
the Town Council meeting at which adoption of the ordinance is scheduled, the Town
Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of
Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance.
Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1)
publish the summary in an newspaper of general circulation in the Town of Tiburon, and
(2) post in the office of the Town Clerk a certified copy of the full text of the ordinance
along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town
Council of the Town of Tiburon, held on the day of , 2008,
and was read adopted at a regular meeting of the Town Council of the Town of Tiburon,
held on the _ day of , 2008, which was noticed pursuant to
Government Code sections 50022.3 and 6066, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: \Administration I Town Council\Staff Reports \2008 \April 2 DRAFTSICHAPTER 20 animals ordinance v2
Animal Services Ordinance (Chapter 20) of Tiburon Municipal Code Adopted --/--/2008
Page 30 of 30
Article ll. County of Marin Referred
Regulations
Dog licenses req uired-Periods.
Rabies vaccinations,
veterinarian reporting
req uirements.
Confinement and quarantine.
License fee.
Delinquent license penalty.
Duplicate license tags.
Display of license tags.
Exceptions.
Animal services officer-
Appointment.
Animal services agency and its
animal services officers-
Powers and duties.
Hearings.
Disposition of animals by
animal services agency.
Redemption of impounded
animals.
Fees for redemption, placement,
surrender.
Dogs running at large in certain
public places.
Dogs-Owner/guardian
responsible for rem"oving feces.
Dogs running on certain private
lands.
Sections:
20-1.001
20-1.002
20-1.003
20-1.004
20-1.005
20-2.030
20-2.040
20-2.050
20-2.060
20-2.070
20-2.080
20-2.090
20-2.100
20-2.110
20-2.120
20-2.122
20-2.130
20-2.140
20-2.150
20-2.160
20-2.165
20-2.170
Chapter 20
ANIMALS
Article I. In General
Short Title.
Definitions.
Use permit required-Poultry,
livestock, bees.
Use permit required-Large
animals.
Penalty for violations.
20-2.175
20-2.177
20-2.179
20-2.180
20-2.181
20-2.182
20-2.183
20-2.184
20-2.185
20-2.190
20-2.195
20-2.200
20-2.220
20-2.225
20-2.226
20-2.230
20-2.240
20-2.241
20-2.245
20-2.246
20-2.250
20-2.252
20-2.255
Control of dogs-Leash
req uirement in certain places.
Control of dogs by responsible
person-General.
Prohibition of habitual animal
noise which unreasonably
disturbs the peace.
Prohibition of animals
trespassing on public or private
property.
Potentially dangerous and
vicious dogs.
Prohibition.
Definition of wild and/or
undomesticated animal.
Remedial measures.
Limitation on number of dogs.
Stray animals.
Fees for pickup and disposal of
dead dogs, cats and small
household pets and wildlife.
Biting animals to be reported.
Stray livestock-Charges.
Prohibition of big cats in
residential areas.
Feeding of certain wild animals.
Use of animals for exhibits.
Commercial animal
establishment.
Hearing regarding permits for
use of animals for exhibits.
Dog hobbyists.
Ranch dog permittees.
Sale of animals for
experimentation.
Animals and vehicles.
Senior citizen, blind or disabled
persons discount on specified
fees.
Article III. Livestock-Miscellaneous
Regulations
20-3.010 Unaccompanied livestock on
streets prohibited.
189
(Tiburon Supp. No.3, 3-04)
EXHIBIT NO.~
20-1.001
20-3.020
Nighttime herding of livestock
on streets regulated.
Article IV. Hunting, Running of Deer
20-4.005 Hunting.
20-4.010 Permitting dogs to run deer.
20-4.020 Allowing certain dogs at large.
Article V. Regulation of Horses
20-5.1 Short title.
20-5.2 Purpose of article.
20-5.3 Definitions.
20-5.4 Compliance with article and
zoning ordinance required.
Use permit required.
Horse permit-Required.
General requirements.
Maintenance of horses for
private use.
20-5.5
20-5.6
20-5.7
20-5.8
Article I. In General.
20-1.001 Short Title.
This chapter shall be known and may be referred
to in all proceedings as the ASO (Animal Services
Ordinance). (Ord. No. 479 N.S., S 2 (part))
20-1.002 Definitions.
For the purposes of this chapter, the following
words and phrases are defmed and shall be construed
as hereinafter set forth unless it is stated a different
meaning is intended.
(a) "Animal services agency" means the agency
appointed in section 20-2.110 to implement and en-
force portions of this chapter.
(b) "Commercial animal establishment" means
any location where the business of grooming, buying,
selling, bartering, training, renting or boarding of
dogs, cats, wild animals, domestic animals or fowl is
conducted. This definition shall npt apply to:
(1) Buying or selling livestock for agricultural
purposes;
(2) Livestock establishments;
(3) Buying and selling of dogs by dog hobbyists;
(Tiburon Supp. No.3, 3-04)
(4) Buying and selling of dogs by ranch dog
permittees;
(5) Business activities of a duly licensed veteri-
nary hospital;
(6) Training facilities where owners are trained
to handle their own pets;
(7) Town designated animal services provider.
(c) "Commercial district" means any property
zoned for commercial and/or office uses as set forth
on the Town ofTiburon Zoning Map pursuant to sec-
tion 16-2.16 of this Code.
(d) "County" means the County of Marin.
(e) "Dog" means any animal that is a member of
species canis familiaris four months old or older.
([) "Dog hobbyist" means any person who
keeps, within or adjoining a private residence, four or
more dogs for personal, recreational and noncom-
mercial purposes who has secured a permit for such
activity in accordance with the provisions of section
20-2.245.
(g) "Dog license" means the license required to
be annually issued for each individual dog.
(h) "Downtown area" means all that area
bounded by, and including, Mar West Street to the
north and west; Upper Main Street and the City of
Belvedere boundary line to the south; and San Fran-
cisco Bay to the east.
(i) "Large animal" means any cloven-footed or
hoofed animal, including without limitation, any
cow, goat, sheep, pig, llama, or member of the horse
family.
U) "Licensed dog" means any dog for which the
license for the current year has been issued and to
which the tag is properly displayed.
(k) "Owner/guardian" means any person who
has the legal responsibility and rights of an
owner/guardian after keeping or harboring an animal
for fifteen or more days, except a veterinarian or an
operator of a kennel engaged in the regular practice
of this business. The use of the word "guardian" for
all legal intent and purposes has the same meaning
and effect as the term "owner" with respect to all
federal, state, and local law, current and/or as modi-
fied.
190
(1) "Poultry" means any chicken, rooster, tur-
key, duck, goose, or other domesticated bird that is
commonly associated with the production of eggs or
meat.
(m) "Public place" means any and all areas that
are open for public use whether or not such area is in
public or private ownership. The term "public place"
as used in this chapter shall include, without limita-
tion and without regard to whether such property is
publicly or privately owned, streets, sidewalks, path-
ways, parks, pedestrian ways, schoolyards, beaches,
and parking lots.
(n) "Ranch dog permittee" means any person
who owns or keeps within or adjoining a residence,
building, lot or area which is zoned for agricultural
uses under chapter 16, article II of this Code, four or
more dogs for personal, recreational, or noncommer-
cial purposes. (Ord. No. 479 N.S., S 2 (part))
20-1.003 Use permit required-Poultry,
livestock, bees.
Unless legally established prior to thirty days after
December 3,2003, the keeping of poultry, livestock,
or bees is deemed "agriculture" as defined in section
16-1.5 of this Code and shall require a conditional
use permit pursuant to section 16-4.4 of this Code.
(Ord. No. 479 N.S., S 2 (part))
20-1.004 Use permit required-Large
animals.
The keeping of any large animal on a lot or prem-
ises shall require a conditional use permit pursuant to
section 16-4.4 of this Code. Refer to article V of this
chapter for specific regulations regarding horses.
(Ord. No. 479 N.S., S 2 (part))
20-1.005 Penalty for violations.
Except where otherwise provided, any person vio-
lating any of the provisions of sections 20-2.179
[barking dogs], 20-2.180 [trespassing animals], 20-
2.181 [dangerous dogs], 20-2.225 [big cats], 20-
2.230 [ animal exhibits], 20-2.240 [commercial ani-
mal establishments], 20-2.245 [dog hobbyists] and
20-2.246 [ranch dog permittees] of this chapter is
guilty of a misdemeanor, and upon conviction thereof
20-1.002
shall be punished by a fine not to exceed one thou-
sand dollars, by imprisonment in the county jail for
not more than six months, or by both such fine and
imprisonment.
Unless otherwise specified herein, any person vio-
lating any other provision of this chapter shall be
guilty of an infraction. In addition to all other reme-
dies available under this chapter, under chapter 31 of
this Code, or under state law, any violation of this
chapter shall be subject to abatement as a public nui-
sance. All costs relating to enforcement of this chap-
ter shall be borne by and recoverable from the person
in violation thereof. (Ord. No. 479 N.S., S 2 (part))
Article II. County of Marin Referred
Regulations
20-2.030 Dog licenses required-Periods.
Every owner/guardian of a dog which is over the
age of four months and which is kept in the town
shall procure a license for each such dog, for each
year, commencing with the date of the rabies vacci-
nation of the dog and expiring the year following the
date of issuance of such license. Such license shall be
procured within thirty days after the day upon which
the dog is four months old, or within thirty days after
the day upon which the dog, if over the age of four
months, is first obtained by a resident of the town and
thereafter shall be maintained on a current basis from
year to year. Dog owner/guardians may, with proof
of multi-year rabies vaccination, choose to obtain
licenses for one, two or three years, with final expira-
tion to coincide with the expiration of the rabies vac-
cination. (Ord. No. 479 N.S., S 2 (part))
20-2.040 Rabies vaccinations, veterinarian
reporting requirements.
(a) Whenever the laws of this state require vac-
cination of dogs against rabies, no license shall be
issued for any dog required to be vaccinated until the
issuing authority is given satisfactory written evi-
dence of compliance under such law.
(b) All cats shall be vaccinated against rabies.
Any person in possession, control, or owner-
191
(Tiburon Supp. No.3, 3-04)
20-2.040
ship/guardianship of any cat shall have that cat vac-
cinated against rabies.
(c) Any veterinarian operating either at an estab-
lished place of business or at a mobile clinic shall
provide a copy of a rabies vaccination certificate for
any cat or dog vaccinated by himlher to the animal
services provider within ten days of vaccination.
(Ord. No. 479 N.S., S 2 (part))
20-2.050 Confinement and quarantine.
The owner/guardian of a quarantined animal shall
pay a fee as set forth by separate resolution of the
town council toward the animal services' costs in
providing and insuring that the animal is properly
quarantined. If any person fails or refuses to obey
any lawful order for quarantine of an animal for ra-
bies observation, any animal services officer may
impound the animal for such quarantine at additional
expense to the owner/guardian at the rate as may be
established by separate resolution of the town coun-
cil. Quarantine fees are payable within thirty days of
issuance of an invoice. Payment is delinquent if not
received within sixty days. (Ord. No. 479 N.S., S 2
(part))
20-2.060 License fee.
(a) A dog license fee shall be imposed on all
dogs. The license fee for dogs, which have not been
sterilized shall be established by separate resolution
of the town council.
(b) The license fee for dogs which have been
sterilized shall be established by separate resolution
of the town council. The fee is due and payable with
the issuance of a license as required in section 20-
2.030. (Ord. No. 479 N.S., S 2 (part))
20-2.070 Delinquent license penalty.
Any owner failing to procure and pay for such li-
cense within the period allowed in section 20-2.030
shall pay a delinquent penalty in the amount set forth
by separate resolution of the town council. The de-
linquent penalty may be waived where failure to pay
is due to reasonable cause and circumstances beyond
the control of the dog owner/guardian which shall be
determined by the animal services agency or the
(Tiburon Supp. No.3, 3-04)
town manager. Any person dissatisfied with a deter-
mination denying waiver of the delinquent penalty
shall be entitled to a hearing which shall be con-
ducted pursuant to the provisions of section 20-2.122.
(Ord. No. 479 N.S., S 2 (part))
20-2.080 Duplicate license tags.
If a license tag is lost, a duplicate tag may be ac-
quired by the payment of a fee as may be established
by separate resolution of the town council. (Ord. No.
479 N.S., S 2 (part))
20-2.090 Display of license tags.
The license tag shall be attached securely to a col-
lar or harness or other suitable device on the dog for
which it was issued at all times that the dog is in the
public areas of the town. The person in control of the
dog shall show the license certificate or tag upon de-
mand by a representative of the animal services
agency at any time. (Ord. No. 479 N.S., S 2 (part))
20-2.100 Exceptions.
Any dog bred, raised, or providing service as a
guide or service dog is exempt from the license fee
but is not exempt from being licensed or from any
required vaccination. The provisions of section 20-
2.030 shall not apply to any dog in the custody or
care of a nonresident of the town or temporarily
therein for a period not exceeding thirty days. (Ord.
No. 479 N.S., S 2 (part))
20-2.110 Animal services officer-
Appointment.
The Marin Humane Society is hereby appointed as
the animal services agency for the town, and shall
appoint suitable persons to act as animal services of-
ficers. All animal services officers shall, for the pur-
pose of enforcing this chapter, be deemed to be peace
officers. (Ord. No. 479 N.S., S 2 (part))
192
20-2.120 Animal services agency and its
animal services officers-Powers
and duties.
The powers and duties of the animal services
agency and animal services officers shall be as fol-
lows:
(a) To enforce all provisions of this chapter and
all the laws of the State of California relating to the
care, treatment, and impounding of animals, and spe-
cifically to issue citations and to make arrests for vio-
lations of the provisions of this chapter and related
state laws;
(b) To provide an animal shelter for all animals
which are subject to impoundment. Animals shall be
provided with humane care and treatment, including
veterinary care when appropriate, throughout the du-
ration of their impoundment consistent with state
laws and local ordinances;
( c ) To take up, impound and safely keep any
animals where authorized under the provisions of this
chapter or the laws of this state;
(d) To collect any costs or charges hereinafter
provided in this chapter for the impounding and
keeping of any animal;
(e) Where authorized under the provisions of
this chapter or the laws of this state, to enter upon
any premises upon which any animal is kept for the
purpose of taking up, seizing or impounding of any
animal or for the purpose of determining whether
such animal is licensed or is violating the provisions
of this chapter;
( t) To euthanize any animal lawfully impounded
which by reason of injury, disease or temperament is
unsuitable for adoption placement;
(g) To enter upon any private or public property
in order to pick up and dispose of any dead animal;
(h) To destroy or dispose of any animal where
authorized pursuant to the provisions of this chapter;
(i) To make determinations in accordance with
the provisions of this chapter;
(j) To perform any and all services related to
public records (handling, retention and availability)
in the same manner as employees of the town regard-
ing the handling of what would be public records if
20-2.120
prepared, retained or distributed by town employees.
(Ord. No. 479 N.S., S 2 (part))
20-2.122 Hearings.
The town manager or his/her designee, is author-
ized to conduct hearings in all cases authorized by
the provisions of this chapter. Written notice of the
time and place of the hearing shall be given to the
animal owner/guardian at least ten days prior to the
date set for hearing, unless the animal
owner/guardian expressly requests, in writing, that
the hearing be set for an earlier date, and the animal
services agency agrees to do so. Service of the notice
shall be made in accordance with the provisions of
section 1-7 of this Code. If the owner/guardian of the
affected animal fails to appear at the hearing, the
hearing shall nevertheless proceed, and an appropri-
ate order shall be issued in accordance with the pro-
visions of this chapter. (Ord. No. 479N.S., S 2 (part))
20-2.130 Disposition of animals by animal
services agency.
Except where otherwise provided in this chapter,
the animal services agency shall keep any animal
impounded for violation of the provisions of this
chapter or relinquished for the period of time herein-
after specified and shall determine the final disposi-
tion of the same in accordance with the following
prOVISIOns:
(a) Unidentified Stray Animals. All impounded
unidentified stray animals shall be held for redemp-
tion for five working days. The stray holding period
shall not include the day upon which the animal was
impounded, days the animal shelter is closed or holi-
days. At the end of the stray holding period, the ani-
mal services agency shall determine the final disposi-
tion of the animal, which may include adoption, re-
demption or euthanasia.
(b) Identified Stray Animals. All impounded
stray animals where an owner/guardian is known
shall be held eight working days. The stray holding
period shall not include the day upon which the ani-
mal was impounded, days the animal shelter is closed
or holidays. At the end of the stray holding period,
the animal services agency shall determine the final
192-1
(Tiburon Supp. No.3. 3-04)
20-2.130
disposition of the animal, which may include adop-
tion, redemption, or euthanasia. The animal services
agency shall notify the owner/guardian by mail atthe
last known address of the animal being impounded.
Notice of impoundment shall be given to the animal
owner/guardian within twenty-four hours of im-
poundment.
(c) Release of Dogs and Cats. All dogs four
months old and older shall be released to their
owner/guardians with a current dog license. All cats
four months old and older shall be released to their
owner/guardians with proof of a current rabies vacci-
nation.
(d) Sterilization of Animals Released for Adop-
tion. No dog or cat shall be released for adoption
without being sterilized.
(e) The animal services agency shall follow all
laws of the State of California concerning holding
periods and final disposition of animals. (Ord. No.
479 N.S., S 2 (part))
20-2.140 Redemption of impounded
animals.
Except where redemption is not permitted by this
chapter, redemption of an impounded animal by the
owner/guardian shall be made by exhibiting to the
animal services agency proof of the owner/guardian's
identity and any required license certificate, tag, or
other satisfactory proof of custody. All charges pro-
vided for under section 20-2.150 must be paid to the
animal services agency prior to the animal being re-
deemed. If such animal is released to a person other
than the owner/guardian, the owner/guardian of such
animal may, at any time within thirty days, request
the animal services agency to return the animal to the
owner/guardian. All costs of impoundment, including
charges for boarding, shall be collected prior to the
animal being released to the owner/guardian. No per-
son may redeem an animal under this section ifhe or
she was given written notice of such impoundment
by the animal services agency and failed for a period
of eight days after the mailing of such notice to re-
deem such animal from impoundment. (Ord. No. 479
N.S., S 2 (part))
(Tiburon Supp. No.3, 3-04)
20-2.150 Fees for redemption, placement,
surrender.
(a) Redemption Fees. No animal may be re-
leased by the animal services agency to the
owner/guardian until all appropriate charges have
been paid. The redemption fee for an impounded
animal shall be established by separate resolution of
the town council.
(b) Boarding Fees. The animal services agency
shall collect boarding fees for dogs and cats as may
be established by separate resolution of the town
council. Fees for livestock shall be collected pursuant
to section 20-2.220.
(c) Veterinary Fees. The animal services agency
shall collect all fees associated with veterinary care
provided to any impounded animal.
(d) Surrender. Animals surrendered by their
owner/guardians subsequent to impoundment for a
violation of this chapter or any provisions of state
law shall not relieve the owner/guardian of the obli-
gation to pay such charges as set forth by separate
resolution of the town council, prior to such surren-
der. (Ord. No. 479 N.S., S 2 (part))
20-2.160 Dogs running at large in certain
public places.
It is unlawful for the owner/guardian or person
having control of any dog to permit the dog to run at
large in any public place, including without limita-
tion, parks, school grounds, commercial districts,
wildlife preserves or game refuges, or in any public
watershed areas; except where the town council by
ordinance or resolution has specifically permitted
dogs to run at large; and where signs acknowledging
such permission have been erected by the town.
Every dog found running at large in violation of the
provisions of this section shall be immediately seized
and impounded. Any duly authorized peace officer
shall be entitled to take such other action as may be
reasonably necessary for the protection of wildlife.
(Ord. No. 479 N.S., S 2 (part))
192-2
20-2.165 Dogs-Owner/guardian
responsible for removing feces.
It is unlawful for the owner/guardian or person
having custody or control of any dog to allow such
dog to defecate upon any public property or upon any
private property not owned or possessed by said per-
son unless the person immediately removes and dis-
poses of the feces in a sanitary manner. (Ord. No.
479 N.S., S 2 (part))
20-2.170 Dogs running on certain private
lands.
It is unlawful for the owner/guardian or person
having control of any dog to suffer or permit the
same to run upon the lands of another whereon live-
stock or domestic fowl are kept, without the consent
of the owner or person entitled to the use or posses-
sion of such lands. (Ord. No. 479 N.S., S 2 (part))
20-2.175 Control of dogs-Leash
req uirement in certain places.
It is unlawful for the owner/guardian or person
having custody or control of any dog to allow such
dog in the places listed below unless such dog is re-
strained by a leash of sufficiently short length to en-
able such person to maintain constant control over
such dog:
(a) The entire length of the Richardson Bay Lin-
eal Park Multi-Use Path (former railroad right-of-
way), defined as the paved pathway commencing on
the west at Blackie's Pasture Road and terminating
on the east at the intersection of Cove Road and
Tiburon Boulevard;
(b) McKegney Green, defmed as the large grassy
field located in the Richardson Bay Lineal Park
across Tiburon Boulevard from Del Mar Middle
School and immediately northwest of the prominent
knoll (South Knoll) located near the public street
known as Pine Terrace;
(c) South Knoll Park and Playground, defined as
that portion of Richardson Bay Lineal Park bounded
on the north by South Knoll, on the east by the Multi-
use Path, and on the south and west by Richardson
Bay, including the irrigated and non-irrigated field
areas and the playgrounds;
20-2.165
(d) Zelinsky Park and Railroad Marsh, defined
as those grassy park and freshwater marsh and fringe
areas located directly behind (north of) the Belvedere
Public Library and Tiburon Town Hall at 1501-1505
Tiburon Boulevard, and bounded on the west by Mar
West Street, on the east by the Point Tiburon Marsh
residential condominiums, and on the north by the
Judge Field portion of the Tiburon Peninsula Club
property;
(e) Shoreline Park, defined as the park located in
the downtown area between Paradise Drive on the
north, San Francisco Bay on the south, Mar West
Street on the east, and the Main Street/Tiburon
Boulevard intersection on the west;
(f) Any street, sidewalk or parking lot in the
downtown area, as that term is defined in section 20-
1.002;
(g) Any commercial district, as that term is de-
fined in section 20-1.002. (Ord. No. 479 N.S., S 2
(part) )
20-2.177 Control of dogs by responsible
person-General.
Except as provided in section 20-2.175, dogs shall
at all times be kept under the immediate control and
direction of a responsible person. Any dog which is
not subject to such control and direction may be
seized and impounded. (Ord. No. 479 N.S., S 2
(part) )
20-2.179 Prohibition of habitual animal
noise which unreasonably disturbs
the peace.
(a) Subject to the provisions of subsections (b),
(c), and (d) of this section, it is unlawful for any per-
son to suffer or permit any dog, cat, fowl, or other
animal to habitually bark, yelp, howl or create noise
in such a manner which unreasonably disturbs the
peace of any person(s).
(b) Any person who shall keep or permit to re-
main on any premises, an animal which disturbs the
peace of any person in the manner set forth in sub-
section (a) of this section shall be guilty of an infrac-
tion for a fITst offense and for a subsequent second
offense as provided in section 20-2.260(b). Notwith-
192- 3
(Tiburon Supp. No.3, 3-04)
20-2.179
standing the foregoing, the town attorney may prose-
cute any person found in violation of this subsection
for a third or additional offense with commission of a
misdemeanor. An animal kennel regulated by a use
permit under the provisions of this Code shall not be
subject to the provisions of this section. This section
shall not apply to customary animal noises of live-
stock, horses or other animals kept for agricultural
activities in areas including but not limited to farms,
ranches and stables which are zoned or legally per-
mitted for such purposes.
( c ) Except as otherwise provided in subsection
(d) of this section, the police upon receipt of a docu-
mented complaint affirming that a violation as de-
clared in this section exists, may notify the keeper of
the offending animal and direct that such violation be
abated. If the police receive a second complaint from
any person within thirty days of the notice of com-
plaint of an additional violation by the animal, then
the police may issue a citation. Before issuing a cita-
tion the police shall obtain a documented complaint
which shall include the identification of the com-
plainant and information setting forth the basis for
the complaint. Whenever possible, the police may
recommend the services of county mediation to the
complainant and the keeper of the animal as a means
of resolving the animal nuisance noise. Mediation is
voluntary and both parties must agree in writing
within ten business days of the complaint or citation.
Mediation must then be concluded within thirty busi-
ness days of the agreement to mediate. If mediation
is refused by either party or is unsuccessful at the end
of the thirty business days, then the direction that
violation be abated shall remain.
(d) The police may cause an animal to be imme-
diately taken into protective custody by the animal
services agency and/or issue a citation with a docu-
mented complaint if it is determined by the police
after investigation of the complaint and interview of
the complainant and the keeper, if he. or she can be
located, that the noise created by the animal cannot
be abated or quieted so that it continues to disturb the
peace of the complaining person(s). The animal may
then be taken into protective custody if the police
determine it can be accomplished without unreason-
(Tiburon Supp. No.3, 3-04)
able risk of injury or damage to the involved parties,
the animal or private property. If an animal is taken
into protective custody, the police shall immediately
provide written notice conspicuously posted on the
property from which the animal has taken, or by per-
sonal service, to the owner or keeper. This notice
shall include the conditions under which the animal
was taken, how the animal can be redeemed and the
provisions for a hearing under subsection (e) of this
section. Within twenty-four hours, notice shall also
be given in accordance with section 1-7 of this Code.
Where the owner/guardian or address is unknown,
notice of the hearing shall be given by posting the
same in the office of the police and by publication in
a newspaper of general circulation. Notice shall then
be deemed given on publication of the notice. An
animal placed under protective custody under this
section may be redeemed by the owner/guardian pro-
vided there is presented to the animal services agency
proof of the owner's identity and any required license
certificate or license tag or other satisfactory proof of
owner/guardianship and by paying the charges refer-
enced under section 20-2.150 and the fees that may
be established by separate resolution of the town
council in reference thereto. Any animal taken into
custody under this section may be released by the
animal services agency to a person other than the
owner or keeper, if the animal is not redeemed within
thirty days except when the seizing agency notifies
the animal services agency that owner/guardian is
unavailable due to physical absence or otherwise un-
able to redeem the animal.
( e ) The owner or keeper of an animal taken into
protective custody under this section shall be entitled
to a hearing conducted by a hearing officer desig-
nated by the town manager or hislher designee pur-
suantto the provisions of section 20-2.181(f)(4). The
hearing shall be conducted for the purpose of deter-
mining whether the taking of the animal into protec-
tive custody was proper. The hearing shall be held
within ten business days following the taking of the
animal into custody provided such owner/guardian
files a written request for a hearing with the police
within five business days following written notice.
The hearing shall be conducted in accordance with
192-4
the provisions of sections 20-2.181 (f)(7)~ (8)~ (9) and
(10). Unless the hearing officer otherwise deter-
mines, the owner/guardian is liable for all charges
related to such taking of the animal into protective
custody. (Ord. No. 479 N.S.~ S 2 (part))
20-2.180 Prohibition of animals trespassing
on public or private property.
It is unlawful to suffer or permit any animal to
trespass on private or public property so as to damage
or destroy any property or thing of value~ or so as to
commit any other act dangerous to public health or
safety~ and any animal committing such an act is a
public nuisance. (Ord. No. 479 N.S., S 2 (part))
20-2.181 Potentially dangerous and vicious
dogs.
(a) Except as otherwise provided under the pro-
visions of subsections (b) through (m) of this section,
the provisions of chapter 9, articles 1 through 5, sec-
tions 3 1601 through 31683 and any amendments
thereto exclusive of sections 31602, 31603, 31606
and 31644 of the Food and Agricultural Code are
adopted and incorporated by reference herein.
(b) "Potentially dangerous dog" means any of
the following:
(1) Any dog which, when unprovoked on two
separate occasions within the prior thirty-six month
period, engages in any behavior that requires a defen-
sive action by any person to prevent bodily injury
when the person and the dog are off the property of
the owner/guardian or keeper of the dog;
(2) Any dog which, when unprovoked, bites a
person causing a less severe injury than as defmed in
section 3 1604 of the Food and Agricultural Code;
(3) Any dog which, when unprovoked, has
killed, seriously bitten, inflicted injury or otherwise
caused injury attacking a domestic animal off the
property of the owner/guardian or keeper of the dog.
(c) "Vicious dog" means any of the following:
(1) Any dog seized under section 599aa of the
Penal Code and upon the sustaining of a conviction
of the owner or keeper under subdivision (a) of sec-
tion 597.5 of the Penal Code;
20-2.179
(2) Any dog which, when unprovoked, in an ag-
gressive manner, inflicts severe injury on or kills a
human being;
(3) Any dog previously determined to be and
currently listed as a potentially dangerous dog which,
after its owner or keeper has been notified of this de-
termination, continues the behavior described in sec-
tion 20-2.181 (b) or is maintained in violation of sec-
tion 31641, 31642 or 31643 of the California Food
and Agricultural Code.
(d) "Animal services department" means that
agency appointed as the animal services agency for
the town under the provisions of section 20-2.110.
(e) "Director" means executive director of the
animal services agency or any person authorized to
act on his/her behalf.
(f) A hearing on whether a dog shall be declared
potentially dangerous or vicious shall be conducted
in the following manner:
(1) If the director has investigated and deter-
mined that there exists probable cause to believe that
a dog is potentially dangerous or vicious as defined
by this section, a hearing shall be conducted. The
director shall prepare a petition specifying the basis
as to why the dog is potentially dangerous or vicious.
(2) Whenever possible, any complaint received
from a member of the public which serves as the evi-
dentiary basis for the director to find probable cause
shall be sworn to and verified by the complainant and
shall be attached to the petition.
(3) Prior to commencement of the hearing and if
the allegations of the petition indicate that the dog is
potentially dangerous as defined under section 20-
2.181 (b), the town manager or his/her designee may
offer in writing mediation services as an alternative
to a hearing provided both the complainant and the
owner/guardian agree in writing to mediation. Media-
tion must be concluded within thirty days of the offer
to mediate. Ifmediation is refused or is unsuccessful,
then the matter shall be referred to a hearing under
subsection (f)( 1) of this section.
( 4 ) The town manager or his/her designee shall
designate a hearing officer from a panel of up to five
persons whose membership shall be designated by
the town council. Hearing officer applicants shall
192-5
(Tiburon Supp. No.3, 3-04)
20-2.181
have had a minimum of five years experience as a
practicing attorney and prior experience in adminis-
trative, arbitration or mediation hearings. Prior ex-
perience in care and control of animals shall also be
considered but is not necessary. The hearing officer
shall conduct a hearing on whether a dog shall be
declared potentially dangerous or vicious. The hear-
ing officer shall be compensated for the actual hours
devoted to the hearing and its determination at the
existing hourly rate or fraction thereof allowed a traf-
fic referee of the Marin County Superior Court.
(5)( A) The town manager or his/her designee shall
provide written notice to the owner/guardian of the
specific behavior of the animal alleged in the petition
and the date upon which a hearing will be held to
consider the petition. The hearing shall be held
within the time limits set forth by the Food and Agri-
cultural Code section 3 1621 or any amendments
thereto. The notice shall advise the owner/guardian
of the consequences of a fmding of potentially dan-
gerous or vicious. The hearing shall be open to the
public and the hearing officer may admit into evi-
dence all relevant evidence, and exercise the full
scope of authority set forth in Food and Agricultural
Code section 3 1621. Service of the notice shall be
made in accordance with section 1-7 of this Code.
Where the owner/guardian's address of any animal is
unknown, notice of the hearing shall be given by
posting the same in the office of the director and by
publication in a newspaper of general circulation.
Notice shall then be deemed given on publication of
the notice.
(B) A hearing may be continued if the hearing
officer deems it necessary and proper or upon a
showing of good cause.
(C) The time for hearing and the hearing provi-
sions of subsection (f)(5)(A) of this section shall be
stayed if mediation services are offered pursuant to
the provisions of subsection (f)(3) of this section. The
time for hearing and the hearing provisions of this
subsection shall recommence at the date the town
manager or his/her designee has determined in writ-
ing that mediation has not been accepted or has been
unsuccessful.
(Tiburon Supp. No.3, 3-04)
(6) In cases where complaint(s) from the public
serve as the evidentiary basis for the director to pre-
pare a petition, at least one of the complainants or his
or her designee in the matter must appear and testify
at the hearing or the complaint shall be dismissed.
(7) If the owner/guardian fails to appear at the
hearing, the hearing shall nevertheless proceed and
an appropriate order shall be issued.
(8) The hearing officer shall consider all relevant
responsible evidence without regard to the formal
rules of evidence, including circumstances of mitiga-
tion, and the. record of any prior violations by the
owner/ guardian.
(9) All witnesses shall testify under oath or af-
firmation. The oath shall be administered by the hear-
ing officer. The hearing officer may, when appropri-
ate, request the production of oral or documentary
evidence which is reasonably necessary and relevant
to conduct a hearing. All proceedings shall be tape
recorded.
(10) The hearing officer shall issue a written de-
termination based upon a preponderance of the evi-
dence, which shall be mailed to the owner/guardian
within seven days after the hearing is completed.
(11) If an animal is found to be potentially dan-
gerous or vicious by a preponderance of the evi-
dence, the animal shall be so designated on the re-
cords of the animal services agency. Such a designa-
tion shall be considered in future determinations in-
volving the animal and/or owner/guardian.
(12) The owner of a dog for which a potentially
dangerous petition has been issued may irrevocably
waive his or her right to a hearing and any further
appeal under Food and Agricultural Code section
31622 and accept all conditions, sanctions and penal-
ties set forth in Food and Agricultural Code sections
31641,31642 and 31643, and section 20-2.181(k).
The town manager or his/her designee will mail a
waiver form to the dog owner/guardian. The waiver
must be signed by the dog owner/guardian and re-
ceived by the town designee within thirty days from
the date of agreement to waive, or a hearing will be
scheduled within thirty days of the agreement to
waIve.
192-6
(g) In accordance with the provisions of Food
and Agricultural Code section 31641 ~ the
owner/guardian of a potentially dangerous dog shall
in addition to the regular licensing fee~ pay to the
animal control agency an ~nnual fee as may be estab-
lished by separate resolution of the town council for
the increased costs of maintaining the records of the
dog."
(h) The owner/guardian of a dog determined to
be vicious shall~ in addition to the regular licensing
fee, pay to the animal control agency an annual fee as
may be established by separate resolution of the town
council to provide for the increased costs of main-
taining the records of the dog.
(i) The owner/guardian of a dog determined vi-
cious shall, at his/her own expense~ have the vicious
animal registration number assigned to the dog tat-
tooed upon the dog~s left ear or, if the left ear is not
available, on the left inner thigh~ by a licensed veteri-
narian or a person trained, authorized and licensed to
do business as an animal tattooist. As an alternative
to tattooing, an owner/guardian may have a micro-
chip injected beneath the skin, and between the
shoulder blades of the animal by a licensed veterinar-
ian. The owner shall provide proof satisfactory to the
animal services agency of such tattooing or micro-
chipping within thirty days of the vicious determina-
tion.
G) The owner/guardian of a vicious dog shall,
within ten days of such determination, upon request
by the animal services agency present said animal at
the animal services agency and allow photographs
and measurements of the animal to be taken for pur-
poses of identification.
(k) The owner/guardian of a dog found poten-
tially dangerous under section 20-2.181(b)~ which
person has no additional violations of any of the pro-
visions of this chapter 20~ within a thirty-six-month
period from the date of designation as potentially
dangerous, shall be removed from the list of poten-
tially dangerous dogs by the director. The dog m~y
be~ but is not required to be~ removed from the list of
potentially dangerous dogs prior to the expiration of
the thirty-six-month period if the owner/guardian of
the dog demonstrates to the director that changes in
20-2.181
circumstances or measures taken by the
owner/ guardian~ such as training of the dog~ have
mitigated the risk to public safety.
(I) The owner/guardian of a dog found vicious
under section 20-2.181(c)(3)~ who has no additional
violations of any of the provisions of this chapter 20,
after a thirty-six-month period from the date of des-
ignation as vicious, may apply to the director to re-
move the animal from the list of vicious animals. The
director shall have the discretion to remove the ani-
mal from the list of vicious animals upon proof of the
successful completion of at least eight weeks of for-
mal obedience training~ other similar evidence of
training, or other rehabilitative efforts designed to
mitigate the risk to public safety. (Ord. No.4 79 N .S.,
S 2 (part))
20-2.182 Prohibition.
No person shall board~ have~ keep~ maintain or
have in his or her possession or control~ for any
I ength of time, in any area zoned residential~ any wild
and/or undomesticated animal~ as defined in section
20-2.183. (Ord. No. 479 N.S., S 2 (part))
20-2.183 Definition of wild and/or
undomesticated animal.
For purposes of sections 20-2.182 through 20-
2.184, a "wild and/or undomesticated animal" is de-
fined as an animal which is wild by nature and not
customarily domesticated in Marin County and
which~ because of its size, disposition or other char-
acteristics could constitute a danger to human life or
property. Such wild and/or undomesticated animals
shall be deemed to include but are not exclusive of:
(a) Class Mammalia.
( 1 ) Order Carnivora.
(A) Family Felidae (cat) including but not lim- .
ited to such members as the tiger~ the jaguar, the
leopard~ the lion, the serval, the mountain lion~ the
bobcat~ the ocelot and the cougar, excepting Felis
Domesticus (domestic cat)~
(B) Family Hyenidae (hyena),
(C) Family Urisideae (bear),
192- 7
(Tiburon Supp. No.3, 3-04)
20-2.183
(D) Family Candidae (dog) excepting Canis Fa-
miliaris (domestic dog) and including but not limited
to such members as the wolf, coyote and the jackal;
(2) Order Probscidea (elephant);
(3) Order Primata (primates), including but not
limited to the chimpanzee, the baboon, the orangutan,
the gibbon, the macaque and the gorilla, excepting
the Family Hominidae (man);
(4) Order Artiodactyla, even-toed hoofed mam-
mals such as water buffalo, camels, elk, moose, deer
and antelope, excluding the domesticated species of
the Family Suidae (domestic pig) and Family Bovi-
dae (cattle, sheep, goats, llamas and alpacas);
(5) Order Perissodactyla, odd-toed hoofed
mammals including the zebra and rhinoceros, exclud-
ing the domesticated species of the Family Equidae
(horses, donkeys, etc.).
(b) Class Reptilia.
( 1 ) Order Squamata.
(A) Sub-Order Serpentes, all front and rear
fanged venomous snakes,
(B) Sub-Order Lacertilia, both venomous species
of the Family Heloder Matidae (gila monster and
Mexican beaded lizard);
(2) Order Crocodilia (crocodile, alligator and
caiman) .
(c) Class Aves.
(1) Sub-Order Ratitae, such as, but not limited
to, ostriches, rheas, cassowaries and emus, excluding
small caged birds such as parrots, cockatoos, cocka-
tiels, parakeets, canaries, love birds and finches.
(2) Any other species of the animal kingdom (as
opposed to vegetable or mineral) which is venomous
to human beings whether its venom is transmitted by
bite, sting, touch or other means, except the honey-
producing bee.) (Ord. No. 479 N.S., S 2 (part))
20-2.184 Remedial measures.
(a) Impoundment. Any wild and/or undomesti-
cated animal as defined in section 20-2.183 of this
chapter determined to be in the town in violation of
section 20-2.182 may be impounded by the animal
servIces agency.
(b) Notice of removal. Whenever the animal ser-
vices agency causes the impoundment of such wild
(Tiburon Supp. No.3, 3-04)
and/or undomesticated animal as authorized in sec-
tion 20-2.184, the animal services agency shall im-
mediately give notice of such impoundment, the
grounds thereof and the place to which such animal
has been impounded.
( c ) Penalty. Any person who boards, has, keeps,
maintains, or has in his/her possession or control, for
any length of time, any wild and/or undomesticated
animal in violation of any of the provisions of sec-
tions 20-2.182 through 20-2.184 of this chapter shall
be guilty of a misdemeanor and shall be subject to
imprisonment in the county jail for not more than six
months or a fine not to exceed one thousand dollars
or both. (Ord. No.4 79 N.S., S 2 (part))
20-2.185 Limitation on number of dogs.
Except as provided in sections 20-2.245 and 20-
2.246 of this chapter, and other than legal uses now
in existence, it is unlawful for any person to keep or
harbor more than three dogs which are over the age
of four months on any lot, premises, dwelling, build-
ing, structure, boat or living accommodation. As used
in this section, "lot," "dwelling," "building" and
"structure" have the same meaning as set forth in
chapter 16 of this Code. (Ord. No. 479 N.S., S 2
(part) )
20-2.190 Stray animals.
Any person discovering a stray or apparently lost
animal shall report the same to the animal services
agency. Any person who apprehends or picks up a
stray or lost animal shall report the same to the ani-
mal services agency within eight hours thereafter and
shall release such animal to the animal services
agency upon demand. (Ord. No.4 79 N.S., S 2 (part))
20-2.195 Fees for pickup and disposal of
dead dogs, cats and small
household pets and wildlife.
A fee, as may be established by separate resolution
of the town council, shall be charged to an owner of a
dead dog, cat or small household pet for the pickup
and disposal of the animal by the animal services
agency. Fees as may be established by separate reso-
lution of the town council, may be charged for
192-8
pickup and disposal of dead wildlife under fifty
pounds, and a higher fee may be charged for dead
wildlife fifty pounds and over by the animal services
agency. (Ord. No. 479 N.S., S 2 (part))
20-2.200 Biting animals to be reported.
The owner/guardian or other person having cus-
tody or control of any animal which bites a human
being shall immediately notify the county health offi-
cer or the animal services agency of such bite, giving
the name and address of the person bitten, if known,
and shall faithfully obey any quarantine or other
regulatory instructions (including but not limited to
the temporary surrender of the deceased animal for
testing) in furtherance of public health given by the
health officer or his/her designated representative. To
the extent the regulatory instructions of the health
officer reach beyond the scope of the powers author-
ized under Health & Safety Code section 121 71 0,
violations of duties created under this Code shall be
treated as infractions. (Ord. No. 479 N.S., S 2 (part))
20-2.220 Stray Iivestock-Charges.
Notwithstanding any provisions in this chapter to
the contrary, the Agricultural Code of the State of
California, division 3, chapter 5, shall be complied
with in reference to stray bovine animals, horses,
mules or burros; however, stray animals will be sub-
ject to fees as may be established by separate resolu-
tion of the town council. The town shall also be enti-
tled to collect for all costs incurred and fees in con-
nection with such animals, including, but not limited
to, the cost of herding, advertising, transporting,
drugs, and veterinary services. The fees for said ser-
vices may be established by separate resolution of the
town council. (Ord. No. 479 N.S., S 2 (part))
20-2.225 Prohibition of big cats in
residential areas.
It is unlawful for any person to keep, possess,
place, store, maintain, control, house, maintain cus-
tody of or board, or for any person to permit another,
or to assist another in keeping, possessing, placing,
storing, maintaining, controlling, housing, keeping
custody of or boarding any kind or breed of any live
20-2.195
cat (Family Felidae) except house cats (F elis Domes-
ticus) in any area zoned as residential on the Town of
Tiburon Zoning Map pursuant to section ] 6-2.16 of
this Code. (Ord. No. 479 N.S., S 2 (part))
20-2.226 Feeding of certain wild animals.
(a) No person shall intentionally feed or in any
manner knowingly provide food for non-captive wild
and/or undomesticated animals as defined in section
20-2.] 83, including, but not limited to, coyotes,
mountain lions, foxes, bobcats, raccoons, skunks,
opossums and turkeys.
(b) This section shall not apply to persons le-
gally engaged in trapping wild animals with devices
utilizing food items as bait pursuant to applicable
laws. (Ord. No. 479 N.S., S 2 (part))
20-2.230 Use of animals for exhibits.
It is unlawful for any person to operate, conduct or
maintain any commercial show, circus, animal exhi-
bition, carnival or advertising display or device in
which any animal, wild or domestic, is used or kept
without first having obtained a permit from the ani-
mal services agency at least thirty days prior to the
scheduled event.
(a) The animal services agency shall receive and
review applications for such permits upon the appli-
cant's filing and the payment of the applicable permit
fee imposed for such purposes as may be established
by separate resolution of the town council within
thirty days of the filing thereof. Only one fee shall be
paid per application, irrespective of the number of
animals or exhibitions for which the application is
made.
(b) The animal services agency, may, in connec-
tion with this permit authority either, establish oper-
ating conditions, deny the application or revoke the
permit if the animal services agency can reasonably
demonstrate that the conditions imposed upon issu-
ance of the permit or its denial are necessary to pro-
tect the public health and safety, or provide for the
humane care and treatment of any animals used or
kept.
( c) [Purposely left blank]
192-9
(Tiburon Supp. No.3, 3-04)
20-2.230
( d) The animal services agency shall make writ-
ten findings regarding the conditions imposed with
issuance of the permit or written findings and expla-
nation for denial of the permit within seven business
days of receiving the application. The animal ser-
vices agency may waive the permit fee when the use
of the animals for exhibit benefits a nonprofit, educa-
tional or governmental organization and an inspec-
tion of the exhibit is not necessary. If the animal ser-
vices agency denies or revokes a permit, the appli-
cant or permittee may request a hearing in accor-
dance with the provisions of section 20-2.241. (Ord.
No. 479 N.S., S 2 (part))
20-2.240 Commercial animal establishment.
It is unlawful for any person to operate or maintain
any commercial animal establishment without fITst
obtaining a permit therefor. An annual permit fee
may be established by separate resolution of the town
council. Such permit shall expire on the last day of
the twelfth month from the date of issue. In the event
that application for renewal is not made on or before
the date of expiration, a delinquency charge, as may
be established by separate resolution of the town
council, may be assessed. For every calendar month
of delinquency, an additional fee may be assessed if
such a fee is established by separate resolution of the
town council.
The animal services agency shall, in connection
with the issuance of any such permit, establish such
conditions as may be necessary to provide for the
humane care and treatment of animals. The animal
services agency may deny or revoke such permit
when necessary to insure public safety and the hu-
mane care or treatment of animals. (Ord. No. 479
N.S., S 2 (part))
20-2.241 Hearing regarding permits for use
of animals for exhibits.
A request for a hearing shall be in writing and
filed with the animal services agency no later than
seven days following transmittal of the animal ser-
vices agency's decision and accompanying findings
and conditions with findings to the permittee. animal
services agency shall set the hearing for a date no
(Tiburon Supp. No.3, 3-04)
later than ten days after its receipt of the request for
hearing. The hearing shall be held by the hearing of-
ficer (town manager or his/her appointee). The hear-
ing officer shall render a decision within ten days
following completion of the hearing. The decision of
the hearing officer shall be final. (Ord. No. 479 N.S.,
S 2 (part))
20-2.245 Dog hobbyists.
(a) Regulations. The animal services agency is
authorized and directed to adopt and to submit for
approval to the Town comprehensive regulations
concerning dog hobbyist activities.
(b) Permit. An individual who wants to qualify
as a dog hobbyist must apply for a permit from the
animal services agency. A permit shall be issued if
after investigation, the animal services agency deter-
mines that the applicant is a bona fide dog hobbyist,
maintains appropriate premises for the proper con-
finement and control of dogs. The animal services
agency must determine that issuance of a permit will
not create a nuisance in the neighborhood in which
the activity is proposed, and in all other respects
complies with the regulations adopted by the animal
services agency pertaining to dog hobbyists. Permits
may be issued subject to such conditions as the ani-
mal services agency determines are necessary to pro-
tect the public health and welfare and to avoid the
creation of a nuisance or public health hazard.
(c) Hearings. Any applicant, permittee or other
interested party aggrieved by the issuance, revocation
or modification of a permit may request a hearing
provided by section 20-2.122. A request for a hearing
or mediation shall be in writing and filed with the
animal services agency not later than thirty working
days following transmittal of the animal services
agency's decision to the applicant or permittee. Upon
conclusion of the hearing, the presiding officer shall
issue an appropriate order sustaining, modifying or
setting aside the determination of the animal services
agency.
(d) Revocation of Permit. A permit may be re-
voked, or continued, subject to limited conditions of
use, if the animal services agency determines that any
of the following conditions exist:
192-10
(1) The permittee has violated the provisions of
this chapter twice in one license year.
(2) The permittee has been convicted of cruelty
to animals.
(3) The permittee has failed to comply with the
conditions of the permit.
(4) Continuation of the permit will create a pub-
lic nuisance or health hazard.
(5) Continuation of the permit will create a nui-
sance in the neighborhood in which the permit has
been issued.
( e) Fees and Licenses. The animal services
agency shall collect a fee for the issuance of each dog
hobbyist permit as may be established by separate
resolution of the town council. The issuance of a dog
hobbyist permit shall include provision of an individ-
uallicense for each dog harbored under the permit at
no additional charge.
(f) Confinement. All dogs under the control of a
dog hobbyist must be confined to the
owner' sl guardian's property at all times, except when
removed for training, recreational use or exhibition,
at which times they must be under the immediate
control of the permittee or agent. (Ord. No. 479 N.S.,
S 2 (part))
20-2.246 Ranch dog permittees.
The provisions and regulations provided in section
20-2.245 for dog hobbyists shall govern and apply to
all ranch dog permittees. The fees and license re-
quirements for any ranch dog permittee shall be the
same as provided in section 20-2.245 for dog hobby-
ists. (Ord. No. 479 N.S., S 2 (part))
20-2.250 Sale of animals for
experimentation.
The animal services agency or anyone employed
thereof shall not knowingly sell or give any im-
pounded animal to any person, firm, corporation, as-
sociation or school for the purpose of animal experi-
mentation. No person, firm, corporation, association
or school shall by fraud, misrepresentation or coer-
cion induce the animal services agency or anyone
employed thereof to sell or give away any im-
20-2.245
pounded animal for the purpose of animal experi-
mentation. (Ord. No. 479 N.S., S 2 (part))
20-2.252 Animals and vehicles.
(a) No person, other than an individual actually
working a dog for ranching purposes, shall transport
or carry, on any public highway or public roadway
any dog in a motor vehicle, unless the animal is
safely enclosed within the vehicle or protected by a
cap or container, cage or other device that will pre-
vent the dog from falling from, being thrown from, or
jumping from the motor vehicle.
(b) No person shall leave an animal in an unat-
tended vehicle without adequate ventilation, or in
such a manner as to subject the animal to extreme
temperatures which adversely affect the animal's
health or welfare. (Ord. No. 479 N.S., S 2 (part))
20-2.255 Senior citizen, blind or disabled
persons discount on specified fees.
(a) Senior citizens age sixty-two and older, blind
or disabled persons, upon satisfactory proof to the
animal services agency may be entitled to a fee dis-
count for specified town fees referenced in this chap-
ter.
(b) F or purposes of this section a person shall be
considered to be disabled if that person is unable to
engage in any substantial gainful activity by reason
of any medically determinable physical or mental
impairment which can be expected to last for a con-
tinuous period of not less than twelve months, and
only if the physical or mental impairments are of
such severity that person is not only unable to do his
or her previous type of work, but cannot, considering
age, education and work experience, engage in any
kind of substantial gainful work.
(c) A person shall be considered blind if there
has been a medical determination of either of the fol-
lowing conditions:
(1) Central vision acuity (sharpness of vision) of
no more than 20/200 with correction; or
(2) Tunnel vision, which is limited visual field
of twenty degrees or less. (Ord. No. 479 N.S., S 2
(part))
192-11
(Tiburon Supp. No.3, 3-04)
20-3.0]0
Article III. Livestock-Miscellaneous
Regulations
20-3.010 Unaccompanied livestock on
streets prohibited.
It is unlawful for any person controlling the pos-
session of any livestock, to voluntarily or negligently
permit any such livestock to stray upon or remain
unaccompanied by a person in charge or control
thereof upon any street. (Ord. No. 479 N.S., S 2
(part))
20-3.020 Nighttime herding of livestock on
streets regulated.
It is unlawful for any person to drive any such
livestock upon, over or across any public street be-
tween the hours of sunset and sunrise without keep-
ing a sufficient number of herders on continual duty
to open the road so as to permit the passage of vehi-
cles. (Ord. No. 479 N.S., S 2 (part))
Article IV. Hunting, Running of Deer
20-4.005 Hunting.
The provisions of this chapter shall not apply to
any individual engaged in hunting activities during
the periods authorized and in the manner authorized
by the California Fish and Game Code and the Cali-
fornia Administrative Code. (Ord. No. 479 N.S., S 2
(part) )
20-4.010 Permitting dogs to run deer.
Every owner/guardian, claimant or keeper of any
dog who suffers or permits any dog to hunt, chase, or
kill deer in the town shall be guilty of a misde-
meanor. (Ord. No. 479 N.S., S 2 (part))
20-4.020 Allowing certain dogs at large.
Ever owner, claimant or keeper of any dog accus-
tomed to or having the propensity to hunt, chase,
course or kill deer who suffers or permits such hound
or hounds or other dogs to go or run at large in the
town shall be guilty ofa misdemeanor. (Ord. No. 479
N.S., S 2 (part))
(Tiburon Supp. No.3, 3-04)
Article V. Regulation of Horses
20-5.1 Short title.
This article may be known and cited as the Horse
License Ordinance. (Ord. No. 479 N.S., S 2 (part))
20-5.2 Purpose of article.
This article is adopted to establish licensing re-
quirements for the keeping of horses and to regulate
the keeping and maintenance thereof in order to pro-
tect and promote the public health, safety, welfare,
comfort and convenience, while permitting residents
to keep horses under appropriate conditions. This
article is intended to provide a basis for safe and
healthful conditions. It is the intent that the regula-
tions not be applied arbitrarily, and for this reason
specific provisions are included authorizing excep-
tions after public hearing before the town council.
(Ord. No. 479 N.S., S 2 (part))
20-5.3 Definitions.
F or the purpose of this article, certain words and
phrases are defined as follows and certain provisions
shall be construed as herein set forth unless it shall be
apparent from the context that they have a different
mean mg.
"Corral" means a fenced area for the confinement
of horses. Any fenced area with less than one acre of
net land in which any horse is kept shall be deemed
to be a corral, but the minimum area in which each
horse may be confined shall be six hundred square
feet.
"Horse" means any member of the horse family
including, but not limited to, donkeys and mules.
Horse, maintenance for private use. "Maintenance
for private use horse" means the keeping of horses by
residents of the town for private use, not for hire or
rental and not primarily for remuneration or sale.
"Horse stable" means a building or portion thereof
designed or used for the housing or feeding of horses.
"Pasture" means a fenced plot of ground other
than a corral used for the confinement of horses.
(Ord. No. 479 N.S., S 2 (part))
192-12
20-5.4 Compliance with article and
zoning ordinance required.
It is unlawful for any person to keep or maintain or
cause to be maintained in the town~ any horse except
in conformance with the provisions of this article and
with the provisions of the zoning ordinance. No horse
shall be kept without obtaining a permit pursuant to
the requirements of this article. (Ord. No.4 79 N.S.~ "
S 2 (part))
20-5.5 Use permit required.
No horse may be kept or maintained within the
town without the owner first obtaining a conditional
use permit pursuant to section 16-4.4 of this Code.
(Ord. No~ 479 N.S., S 2 (part))
20-5.6 Horse permit-Required.
No horse may be kept or maintained in the town
without the owner obtaining a permit under the pro-
visions of this article. (Ord. No. 479 N.S., S 2 (part))
20-5.7 General requirements.
(a) Compliance required. All horses shall be
kept in a corral or stable meeting the requirements of
this article, unless kept in a pasture under conditions
meeting the requirements of this article.
(b) Construction of pastures, corrals and stables.
( 1 ) All corrals and pastures shall be enclosed by
a substantial fence.
(2) Corrals for the enclosure of stallions shall
conform to the state statutes and regulations govern-
ing safety fencing.
(3) All new stables shall be built in conformance
with the building code of the town.
(c) Fire protection. The keeping of horses, and
buildings and structures for this purpose, shall con-
form to the fire protection standards and policies of
the town and the fire district.
(d) Drainage. Every parcel of land upon which
horses are maintained shall be well drained. The sur-
face of all corrals or enclosures shall be graded so as
to prevent the accumulation of storm or casual wa-
ters, and so as to prevent erosion of top soil into wa-
tercourses or drainage ditches or conduits.
20-5.4
(e) Sanitary conditions. It is declared to be a nui-,
sance, and it is unlawful, to keep any horses on prem-
ises which, in the opinion of a health officer, are in
an unsanitary or unhealthy condition.
(t) Inspections. All premises for which a permit
is issued shall be subject to inspection'by town offi-
cials, and the holder of any permit shall agree to such
inspections as a condition of the granting of such
permit. (Ord. No. 479 N.S., S 2 (part))
20-5.8 Maintenance of horses for private
use.
The maintenance of horses for private use, not for
hire or rental and not primarily for remuneration or
sale, shall be subject to the procedures, regulations
and requirements set forth in this section in addition
to the general requirements of this article.
Location and area requirements shall be as fol-
lows:
(a) The minimum lot area upon which one or
two horses may be kept shall be one acre. An addi-
tional horse may be kept on each additional one-half
acre.
(b) The minimum area in which each horse may
be confined shall be six hundred square feet.
(c) The distance of a stable from a neighboring
house shall be not less than eighty feet.
(d) The minimum distance of a stable building
from any neighboring parcel line or from any street
or residence on the same lot, shall be not less than
forty feet.
(e) The minimum distance of a pasture or corral
from any neighboring parcel line or street parcel line
shall be ten feet, or such greater distance as the appli-
cable zoning ordinance provision may provide.
(t) Stable buildings shall be so sited or con-
structed as to not present an unsightly appearance to
neighboring properties. (Ord. No. 479 N.S., S 2
(part) )
192-13
(Tiburon Supp. No.3, 3-04)
SECTIONS OF CALIFORNIA FOOD AND AGRICULTURAL CODE
PROPOSED FOR ADOPTION BY REFERENCE AND INCORPORATION INTO
TIBURON MUNICIPAL CODE CHAPTER 20 (ANIMALS)
31601. The Legislature finds and declares all of the following:
(a) potentially dangerous and vicious dogs have become a serious
and widespread threat to the safety and welfare of citizens of this
state. In recent years, they have assaulted without provocation and
seriously injured numerous individuals, particularly children, and
have killed numerous dogs. Many of these attacks have occurred in
public places.
(b) The number and severity of these attacks are attributable to
the failure of owners to register, confine, and properly control
vicious and potentially dangerous dogs.
(c) The necessity for the regulation and control of vicious and
potentially dangerous dogs is a statewide problem, requiring
statewide regulation, and existing laws are inadequate to deal with
the threat to public health and safety posed by vicious and
potentially dangerous dogs.
31604. "Severe injury" means any physical injury to a human being
that results in muscle tears or disfiguring lacerations or requires
multiple sutures or corrective or cosmetic surgery.
31605. "Enclosure II means a fence or structure sui table to prevent
the entry of young children, and which is suitable to confine a
vicious dog in conjunction with other measures which may be taken by
the owner or keeper of the dog. The enclosure shall be designed in
order to prevent the animal from escaping. The animal shall be
housed pursuant to Section 597t of the Penal Code.
31607. "Impounded" means taken into the custody of the public pound
or animal control department or provider of animal control services
to the city or county where the potentially dangerous or vicious dog
is found.
31608. "County" includes any city and county.
31609. (a) This chapter
society shelters, animal
(b) ~his chapter does
police department or any
of police work.
does not apply to licensed kennels, humane
control facilities, or veterinarians.
not apply to dogs while utilized by any
law enforcement officer in the performance
EXHIBIT NO.~
31621. If an animal control officer or a law enforcement officer
has investigated and determined that there exists probable cause to
believe that a dog is potentially dangerous or vicious, the chief
officer of the public pound or animal control department or his or
her immediate supervisor or the head of the local law enforcement
agency, or his or her designee, shall petition the superior court of
the county wherein the dog is owned or kept for a hearing for the
purpose of determining whether or not the dog in question should be
declared potentially dangerous or vicious. A proceeding under this
section is a limited civil case. A city or county may establish an
administrative hearing procedure to hear and dispose of petitions
filed pursuant to this chapter. Whenever possible, any complaint
received from a member of the public which serves as the evidentiary
basis for the animal control officer or law enforcement officer to
find probable cause shall be sworn to and verified by the complainant
and shall be attached to the petition. The chief officer of the
public pound or animal control department or head of the local law
enforcement agency shall notify the owner or keeper of the dog that a
hearing will be held by the superior court or the hearing entity, as
the case may be, at which time he or she may present evidence as to
why the dog should not be declared potentially dangerous or vicious.
The owner or keeper of the dog shall be served with notice of the
hearing and a copy of the petition, either personally or by
first-class mail with return receipt requested. The hearing shall be
held promptly within no less than five working days nor more than 10
working days after service of notice upon the owner or keeper of the
dog. The hearing shall be open to the public. The court may admit
into evidence all relevant evidence, including incident reports and
the affidavits of witnesses, limit the scope of discovery, and may
shorten the time to produce records or witnesses. A jury shall not
be available. The court may find, upon a preponderance of the
evidence, that the dog is potentially dangerous or vicious and make
other orders authorized by this chapter.
31622. (a) After the hearing conducted pursuant to Section 31621,
the owner or keeper of the dog shall be notified in writing of the
determination and orders issued, either personally or by first-class
mail postage prepaid by the court or hearing entity. If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3 (commencing
with Section 31641) in accordance with a time schedule established by
the chief officer of the public pound or animal control department
or the head of the local law enforcement agency, but in no case more
than 30 days after the date of the determination or 35 days if notice
of the determination is mailed to the owner or keeper of the dog. If
the petitioner or the owner or keeper of the dog contests the
determination, he or she may, within five days of the receipt of the
notice of determination, . appeal the decision of the court or hearing
entity of original jurisdiction. The fee for filing an appeal,
payable to the clerk of the court, is as provided in subdivision (b)
of Section 70626 of the Government Code. If the original hearing held
pursuant to Sec~ion 3~62~ was before a hearing entity other than a
court of the jurisdiction, appeal shall be to the superior court. If
the original hearing was held in the superior court, appeal shall be
to the superior court before a judge other than the judge who
originally heard the petition. The petitioner or the owner or keeper
of the dog shall serve personally or by first-class mail, postage
prepaid, notice of the appeal upon the other party.
(b) The court hearing the appeal shall conduct a hearing de novo,
without a jury, and make its own determination as to potential danger
and viciousness and make other orders authorized by this chapter,
based upon the evidence presented. The hearing shall be conducted in
the same manner and within the time periods set forth in Section
3~62~ and subdivision (a). The court may admit all relevant evidence,
including incident reports and the affidavits of witnesses, limit
the scope of discovery, and may shorten the time to produce records
or witnesses. The issue shall be decided upon the preponderance of
the evidence. If the court rules the dog to be potentially dangerous
or vicious, the court may establish a time schedule to ensure
compliance with this chapter, but in no case more than 30 days
subsequent to the date of the court's determination or 35 days if the
service of the judgment is by first-class mail.
31623. The court or hearing entity of original jurisdiction or the
court hearing the appeal may decide all issues for or against the
owner or keeper of the dog even if the owner or keeper fails to
appear at the hearing.
31624. The determination of the court nearing the appeal shall be
final and conclusive upon all parties.
31625. (a) If upon investigation it is determined by the animal
control officer or law enforcement officer that probable cause exists
to believe the dog in question poses an immediate threat to public
safety, then the animal control officer or law enforcement officer
may seize and impound the dog pending the hearings to be held
pursuant to this article. The owner or keeper of the dog shall be
liable to the city or county where the dog is impounded for the costs
and expenses of keeping the dog, if the dog is later adjudicated
potentially dangerous or vicious.
(b) When a dog has been impounded pursuant to subdivision (a) and
it is not contrary to public safety, the chief animal control officer
shall permit the animal to be confined at the owner's expense in a
department approved kennel or veterinary facility.
31626. (a) No dog may be declared potentially dangerous or vicious
if any injury or damage is sustained by a person who, at the time the
injury or damage was sustained, was committing a willful trespass or
other tort upon premises occupied by the owner or keeper of the dog,
or was teasing, tormenting, abusing, or assaulting the dog, or was
committing or attempting to commit a crime. No dog may be declared
potentially dangerous or viclous if the dog was protecting or
defending a person within the immediate vicinity of the dog from an
unjus~ified attack or assaul~. No dog may be declared potentially
dangerous or vicious if an injury or damage was sustained by a
domestic animal which at the time the injury or damage was sustained
was teasingt tormentingt abusing, or assaulting the dog.
(b) No dog may be declared potentially dangerous or vicious if the
injury or damage to a domestic animal was sustained while the dog
was working as a hunting dogt herding dogt or predator control dog on
the property oft or under the control oft its owner or keepert and
the damage or injury was to a species or type of domestic animal
appropriate to the work of the dog.
31641. All potentially dangerous dogs shall be properly licensed
and vaccinated. The licensing authority shall include the
potentially dangerous designation in the registration records of the
dogt either after the owner or keeper of the dog has agreed to the
designation or the court or hearing entity has determined the
designation applies to the dog. The city or county may charge a
potentially dangerous dog fee in addition to the regular licensing
fee to provide for the increased costs of maintaining the records of
the dog.
31642. A potentially dangerous dogt while on the owner's propertYt
shallt at all timest be kept indoorst or in a securely fenced yard
from which the dog cannot escapet and into which children cannot
trespass. A potentially dangerous animal may be off the owner's
premises only if it is restrained by a substantial leasht of
appropriate lengtht and if it is under the control of a responsible
adult.
31643. If the dog in question diest or is soldt transferredt or
permanently removed from the city or county where the owner or keeper
residest the owner of a potentially dangerous dog shall notify the
animal control department of the changed condition and new location
of the dog in writing within two working days.
31645. (a) A dog determined to be a vicious dog may be destroyed by
the animal control department when it is foundt after proceedings
conducted under Article 2 (commencing with Section 31621) t that the
release of the dog would create a significant threat to the public
healtht safetYt and welfare.
(b) If it is determined that a dog found to be vicious shall not
be destroyedt the judicial authority shall impose conditions upon the
ownership of the dog that protect the public healtht safetYt and
welfare.
(c) Any enclosure that is required pursuant to subdivision (b)
shall meet the requirements of Section 31605.
31646. The owner of a dog determined to be a vicious dog may be
prohibited by the city or county from owningt possessingt
controllingt or having custody of any dog for a period of up to three
yearst when it is found, after proceedings conducted under Article 2
(commencing with Section 31621) t that ownership or possession of a
dog by that person would create a significant threat to the public
health, safetYt and welfare.
31662. Any violation of this chapter involving a potentially
dangerous dog shall be punished by a fine not to exceed five hundred
dollars ($500). Any violation of this chapter involving a vicious
dog shall be punished by a fine not to exceed one thousand dollars
($1,000) .
31663. All fines paid pursuant to this article shall be paid to the
city or county in which the violation occurred for the purpose of
defraying the cost of the implementation of this chapter.
31681. If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of the chapter which can
be given effect without the invalid provision or application, and to
this end the provisions of this chapter are severable.
31682. The Judicial council shall prepare all forms necessary to
give effect to this chapter, including a summons or citation to be
used by law enforcement agencies in the enforcement of this chapter.
This chapter does not affect or change the existing civil liability
or criminal laws regarding dogs.
31683. Nothing in this chapter shall be construed to prevent a city
or county from adopting or enforcing its own program for the control
of potentially dangerous or vicious dogs that may incorporate all,
part, or none of this chapter, or that may punish a violation of this
chapter as a misdemeanor or may impose a more restrictive program to
control potentially dangerous or vicious dogs. Except as provided in
Section 122331 of the Health and Safety Code, no program regulating
any dog shall be specific as to breed.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
April 2, 2008 '~If
tu '~5'-
Agenda Item: .-
ST AFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Consider Amendment to Chapter 13 (Building Regulations) of the
Tiburon Municipal Code Adopting Enhanced Energy Efficiency
Standards for Large Single Family Homes (Ordinance---Introduction
and First Reading)
Reviewed b
BACKGROUND
On January 9, 2008, the Planning Commission considered a proposed Green Building Program
for the Town. Among the components of that program were the adoption of amendments to
Chapter 16 (Zoning) and Chapter 13 (Building) of the Tiburon Municipal Code, the latter
including adoption of enhanced energy efficiency standards for large single family homes. The
amendments would be accomplished through amendments to the California Energy Code.
The Planning Commission expressed concern over several aspects of the proposed Green
Building Program, appointed a subcommittee to work with Staff, and continued the item for
further refinement.
The subcommittee met on January 22, 2008 and provided direction to staff for revisions to the
Green Building Program. The subcommittee, joined by a Town Council-appointed
subcommittee, met again on February 29, 2008 and recommended that the Town move
immediately to adopt the enhanced energy efficiency standards, while other components of the
Green Program are being further refined prior to returning to the Planning Commission for public
hearing.
ANAL YSIS
The enhanced energy efficiency standards would apply in new or expanded homes that exceed
3,500 square feet. The proposed enhanced energy efficiency regulations were initially developed
and adopted by the County of Marin and subsequently approved by the California Energy
Commission as a qualifying local amendment to the California Energy Code regulations. The
cities of San Rafael and Mill Valley have already adopted these enhanced energy efficiency
requirements. Other municipalities in Marin County are expected to follow suit.
The regulations would require that homes larger than 3,500 square feet not exceed the energy
demand created by a home of 3,500 square feet, using computations from State Title 24. Based
on several years of implementation of these requirements by the County of Marin, when homes
Town Council Meeting
April 2, 2008
approach 6,500 square feet or more in floor area, the primary method used to achieve the required
energy budget would be photovoltaic panels (i.e. solar panels). The typical construction budget
for a home of this size would be such that the cost of a photovoltaic system might add 1-2% in
construction costs, but would eventually result in payback due to energy savings.
The Green Building Subcommittee and T own Staff view the enhanced energy efficiency
standards as having immediate and meaningful environmental effects with respect to reduction of
greenhouse gas emissions. The proposed energy efficiency ordinance is attached as Exhibit 1.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing and take any testimony.
2. Move, second and carry a motion to read the ordinance by title only.
3. Hold first reading and introduce the ordinance.
4. Continue the item to April 16, 2008 for second reading and adoption.
EXHIBITS
1. Draft ordinance establishing enhanced energy efficiency standards for homes in excess of
3,500 square feet.
Prepared by: Scott Anderson, Director of Community Development
TO\\'N OF TIBllRON Page 2 of 2
ORDINANCE NO. N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 13 (BUILDING
REGULATIONS) TO ADOPT ENHANCED ENERGY EFFICIENCY
STANDARDS FOR SINGLE-FAMILY DWELLINGS GREATER THAN 3,500
SQUARE FEET OF CONDITIONED FLOOR AREA
SECTION 1. FINDINGS.
WHEREAS, the Town Council has identified and energy efficiency efforts as a
greatly desired and necessary objective of the Town; and
WHEREAS, The Town's general plan Tiburon 2020 promotes energy efficiency
in new construction in Policies OSC-61, OSC-62, and OSC-63; and
WHEREAS, California Health & Safety Code Section 18938 and 17958 provide
that the California Building Standards Code establishes building standards for all
occupancies throughout the State; and
WHEREAS, Health & Safety Code Section 17958.5 provides that a municipality
may establish more restrictive building standards if they are reasonably necessary due to
local climatic, geological, or topographic conditions; and
WHEREAS, the Town Council has previously adopted the 2007 California
Energy Code through adoption of ordinance No. 501 N. S.; and
WHEREAS, the Town Council finds that provisions of this ordinance are
reasonably necessary because of climatic, geologic, or topographical conditions as
follows: During periods when artic masses dominate the weather, nighttime lows drop
into the high twenties with daytime highs in the thirties or forties. The average summer
temperature highs approximate 70 degrees Fahrenheit with a low of 60 degrees
Fahrenheit, with winter temperatures averaging 60 degrees Fahrenheit and lows of 25
degrees Fahrenheit. Extreme high and low temperatures range from 100 degrees
Fahrenheit to 25 degrees Fahrenheit. Winds are generally mild at less than 10 miles per
hour, but can reach 75 miles per hour on occasion. The average house size is growing
larger and homes are using more energy. During the 1970's, most home construction was
approximately 2,000 to 3,000 square feet, while during the 1990's and into the 21 st
century, the new average home size has increased to between 3,000 to 5,000 square feet.
During the same period, the average number of occupants of homes has declined. These
larger homes, being occupied by fewer persons, are using more energy and more
resources. Due to local climatic conditions and increasing house size, total estimated
energy consumption increased from 619 million kWh to 734 kWh in Marin County from
1995 to 2000. This 18.5% increase in energy use raises the per capita contribution of
greenhouse gasses, global warming, pollution, and energy supply shortages. Due to local
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
Page 1
EXHIBIT NO.
I
climatic conditions, it is reasonably necessary to enhance the State of California energy
code requirements for homes over 3,500 square feet; and
WHEREAS, Public Resources Code Section 25402.1 (h)(2) states that the local
enforcement agency may adopt more restrictive energy standards when they are cost
effective and approved by the Energy Commission; and
WHEREAS, Gabel Associates, LLC conducted a study and submitted it to the
California Energy Commission demonstrating the feasibility and cost-effectiveness of the
proposed ordinance that was subsequently adopted by the Marin County Board of
Supervisors on October 16,2001 and was approved by the California Energy
Commission in June, 2002; and
WHEREAS, the burning of fossil fuels used in the generation of electrical power
and heating of buildings has been found to contribute to global warming that will likely
have a significant adverse effect on the local climate and economy; and
WHEREAS, the governor of California signed Assembly Bill 32 into law on
September 27, 2006, said law directing the California EP A to put a cap on the generation
of greenhouse gas emissions; and
WHEREAS, it is estimated that implementation of the proposed energy ordinance
will require that new, larger single-family dwellings will have to exceed the current
requirements of Title 24 of the California Building Code between 8 and 30%, depending
on the size of the proposed dwelling; and
WHEREAS, the Planning Commission has reviewed and recommended approval
of the proposed Municipal Code amendments; and
WHEREAS, the Town Council has held public hearings on ,2008
and , 2008 and has heard and considered all testimony on the proposed
Municipal Code amendments; and
WHEREAS, the Town Council determines that these amendments are covered by
the general rule that the California Environmental Quality Act (CEQA) applies only to
projects that have the potential for causing a significant effect on the environment
pursuant to CEQA Guidelines Section 15061(b)(3), and are not subject to environmental
reVIew.
SECTION 2. ADOPTION OF AMENDMENTS.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the Town of
Tiburon hereby amends the Tiburon Municipal Code, Title IV, Chapter 13 (Building
Regulations) by adding Section 13 - 5.1 to read as follows:
Town ofTiburon
Ordinance No. N. S.
Effective --/--/2008
Page 2
Section 13-5.1
ENERGY EFFICIENCY STANDARDS FOR
SINGLE-F AMIL Y DWELLINGS GREATER
THAN 3,500 SQUARE FEET OF
CONDITIONED FLOOR AREA
13-5.1.1 Purpose.
The purpose of this section is to reduce the annual and peak energy
consumption of large single-family homes.
13-5.1.2 Definitions.
As used in this section:
"Adjusted proposed design total" means the proposed building energy use, in
KBtu/sf-yr, calculated by the state approved alternative calculation method
(ACM) less any PV credit.
"Adjusted standard design total" means the performance energy budget, in
KBtu/sf-yr, which this section establishes for all building to which it applies.
It is defined as the standard design total (KBtu/sf-yr) obtained from any
state-approved residential alternative calculation method (ACM) multiplied
by the Standard Design Adjustment Factor contained in Table A below.
Table A
Standard Design Adjustment Factors
House Size
(Total Conditioned Sq.
Ft.)
3,501-4,499
..' __~"._.. "U'___"~
4,500-5,499
5,500-6,499
.~.,_ . ~_~~_~ .,"m. _ ,_,~ ._. _ ..__.. _~.~,,~ .. n__.
6,500-7,499
Adjustment Factor
0.918
. . r'"
I 0.826
I
f- . ,_...m .m._.__......_~u_.._.._.. .-....
i 0.700
0.629
"Conditioned floor area" has the meaning set forth in Section 101 (b) of the
2007 California Energy Code.
"PV credit" means the energy credit applicable to the proposed design for a
solar photovoltaic system that is capable of generating electricity from
sunlight and supplying it directly to the building; and is connected, through a
reversible meter, to the utility grid. The amount ofPV credit under this
chapter is defined as Wo multiplied by 13.262 KBtu/sf-yr time dependent
value energy, where Wo is a unitless value calculated as the rated watts of the
proposed photovoltaic system divided by the total conditioned floor area of
the building.
Town ofTiburon
Ordinance No. N. S.
Effective --/--/2008
Page 3
13-5.1.3 Buildings covered.
The provisions of this section shall apply to all new single-family dwellings
greater than three thousand five hundred (3,500) square feet of total
conditioned floor area, and additions to existing single-family dwellings
which together with any other additions made after the enactment of this
chapter in the aggregate exceed five hundred (500) square feet where the
total conditioned floor area of the building exceeds three thousand five
hundred (3,500) square feet.
13-5.1.4 Exceptions.
The provisions of this section shall not apply to building area used for a
secondary dwelling unit, or to any project that received and maintains a valid
planning approval or a building permit, or which has submitted a complete
planning application or building permit application prior to the effective date
of the ordinance, unless otherwise required as a condition of approval of the
planning application.
13-5.1.5 Basic requirements.
All buildings covered by this section shall meet both of the following:
A. The adjusted standard design total energy budget, in source KBtu/sf-yr,
using the state-approved performance compliance approach, and
B. All other provisions applicable to low rise residential buildings contained
in the 2007 California Energy Code.
13-5.1.6 Permit forms.
In addition to the standard Title 24 report submitted to the building division,
an ordinance compliance form and worksheet will be required, which shall
be available at the building division.
SECTION 3. SEVERABILITY.
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.
Town ofTiburon
Ordinance No. N. S.
Effective --/--/2008
Page 4
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town Council,
a copy of the ordinance shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on , 2008, and was adopted at a regular meeting of
the Town Council of the Town of Tiburon on ,2008, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: \A dministration I Town C ouncillStaff Reports 12008\April 2 DRAFTSlenergy efficiency ordinance. doc
Town ofTiburon
Ordinance No. N. S.
Effective --/--/2008
Page 5
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
April 2, 2008
Agenda Item: (JH- ~
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Consider Adoption of Zoning Text Amendments (Chapter 16 of the
Tiburon Municipal Code) Related to Remodel Versus New
Construction Projects and Wireless Communication Facility Permit
Durations (Ordinance---Introduction and First Reading)
Reviewed by
BACKGROUND
The proposed zoning text amendments are miscellaneous "clean-up" amendments involving
remodel projects and the duration of wireless communication facility permits. The two proposed
zoning text amendments had originally been incorporated (for efficiency purposes) into the Green
Building Program ordinance reviewed by the Planning Commission on January 9, 2008. Since
the Green Building Program has been continued for refinement and may not return for a few
months, staffhas separated the non-green-building-related zoning text amendments for immediate
consideration of the Town Council. The draft ordinance containing the text amendments is
attached as Exhibit 1.
ANAL YSIS
The first text amendment involves clarifying the section of the Zoning Ordinance that
distinguishes a "remodel" project from a "new construction" project, as found in Section 16-
4.2.10 of the Municipal Code (see Exhibit 2). The new text would provide more detail as to the
measures used by Town officials in determining that a project constitutes "new construction" as
opposed to a mere "remodel" proj ect.
The second text amendment, which is required due to changes in state law, establishes the
duration of the initial validity of a wireless communication facility use permit approved after
January 1, 2007 at ten years, and establishes a renewal length of five years for wireless
communication facility use permits.
PLANNING COMMISSION REVIEW
The Planning Commission reviewed and considered the proposed text amendments at a public
hearing held on March 12, 2008. There was no public comment. The Commission voted 4-0 to
Tiburon T mvn Council
April 2, 2008
recommend approval of the text amendments to the Town Council. The Planning Commission
resolution is attached as Exhibit 3.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing and take any testimony.
2. Move, second, and pass a motion to read by title only.
3. By roll call vote, pass first reading and introduce the ordinance.
4. Continue the item to April 16, 2008 for second reading and adoption.
EXHIBITS
1. Draft ordinance amending Chapter 16 (Zoning Ordinance).
2. Section of Zoning Ordinance addressing remodel projects versus new construction.
3. Planning Commission Resolution No. 2006-06.
Prepared by: Scott Anderson, Director of Community DeveIopment~
TO\\'N OF TIBl TRON Page 2 of 2
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON
MUNICIPAL CODE BY MAKING TEXT AMENDMENTS THERETO
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS.
A. On March 12,2008, the Planning Commission adopted Resolution No. 2008-06
recommending to the Town Council that text amendments be made to Title IV,
Chapter 16 (Zoning) of the Tiburon Municipal Code.
B. The Town Council held duly noticed public hearings on April 2, 2008 and April
16, 2008, and heard and considered any public testimony on the proposed
Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant
to the adoption of this Ordinance have been followed.
D. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
E. The Town Council finds that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan and other
adopted ordinances and regulations of the Town of Tiburon.
F. The Town Council finds that these amendments are exempt from the requirements
of the California Environmental Quality Act (CEQA) pursuant to Section 15061
[b(3)] of the CEQA Guidelines.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. TITLE IV.
CHAPTER 16 (ZONING).
NOW, THEREFORE IT IS ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TIBURON THAT TITLE IV, CHAPTER 16 (ZONING) OF THE
MUNICIPAL CODE IS AMENDED AS FOLLOWS:
1. Section 16-4.2.10 of Title IV, Chapter 16, is amended to replace the second
(middle) paragraph with the following paragraph:
Town ofTiburon
Ordinance No. N. S.
Effective --/--/2008
EXHIBIT NO. ,
P. 1
Remodel applications for Site Plan & Architectural Review must include a
statement, calculations, and demolition plan drawing of sufficient detail to
demonstrate the percentage of existing exterior wall framing and roof
structure to be removed as part of the project. The project shall be deemed
new construction, with the expectation that the building is to conform with
the appropriate zoning standards for new construction, if either of the
following occurs:
1.
The roof is removed and more than 50% of the
existing exterior wall framing on the upper level is
removed. A single-story dwelling is considered to
be the upper story for purposes of this clause.
The roof remains, but more than 50% of the exterior
wall framing is removed.
2.
2. Section 16-4.13.5 of Title IV, Chapter 16, is amended to read as follows:
16-4.13.5 Length of permit-- Mandatory review/renewal.
(a) A conditional use permit for a WCF approved on or after January
1, 2007 shall be valid for an initial period of ten (10) years after final
discretionary approval, unless a shorter duration is approved on the basis of
public safety reasons or substantial land use reasons. At least ninety (90)
days prior to expiration of the ten-year approval, the permit holder shall file
an application for review/renewal of the WCF permit. The permit holder
shall be solely responsible for timely filing of, and for all costs associated
with, the processing of applications for mandatory reviews/renewals.
(b) A conditional use permit for a WCF approved prior to January 1,
2007 shall be subject to the specific conditions of the permit with respect to
duration and periodic mandatory review/renewal. At least ninety (90) days
prior to expiration of the permit, the permit holder shall file an application
for review/renewal of the WCF permit. The Planning Commission shall
conduct a public hearing for the purposes of verifying continued compliance
with the findings and conditions of approval under which the application was
originally approved, as well as compliance with other applicable provisions
in the municipal code. Permit reviews/renewals are required every five (5)
years, unless a longer time period is approved by the acting body, or another
time period is set forth in the permit conditions. The permit holder shall be
solely responsible for timely filing of, and for all costs associated with, the
processing of applications for mandatory reviews/renewals.
Town ofTiburon
Ordinance No.
N. S.
Effective --/--/2008
P.2
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for
any reason held by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remaining portions of this chapter. The Town
Council declares that it would have passed this chapter and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any
one or more section, sentences, clauses or phrases be declared invalid.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town Council,
a copy of the ordinance shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the
T own of Tiburon on , 2008, and was adopted at a regular meeting
of the Town Council of the Town of Tiburon on ,2008, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: \Administration I Town Counci/lStaff Reportsl2008\April 2 DRAFTSlzoning text amendments 4-2-2008 ordinance. doc
Town ofTiburon
Ordinance No.
N.s.
Effective --/--/2008
P.3
.
v
.,.
16-4.2.1 0
>
16-4.2.10 New construction projects versus remodel projects.
The Town of Tiburon has witnessed an increase in projects that are proposed and presented as remodel
projects,. but which during i.h1plementation . essentially become total or n~ar total demolitions followed by
new construction. Since the acting body might reach d.ifferent conclusions on an application for site plan
and architectural review if presented as a remodel as opposed to new construction, the following provisions
are established.
Remodel applications for site plan and architectural re~iew must include a statement, calculations, and draw.
ings of sufficient detail to demonstrate the percentage of existing floor area proposed to be demolished. If the
floor area to be demolished is less than fifty percent of the total existing floor area of the building, then the pro.
ject is classified as a remodel. If the floor area to be'demolished is equal to or more than fifty percent of the total
existing floor area of the building, then the project shall be classified as a new construction with the expectation
that the building is to conform with the appropriate zoning standards for new construction.
If an application is filed and .approved as a remodel project, but prior to or during construction expands to be.
come a new construction project as defmed herein, all zoning and building permit approvals shall become null
and void. The applicant shall be required to resubmit applications for site plan and architectural review approval
and building permits as a new construction. The planning director shall have authority to waive this requirement
in cases where the public safety and necessity require the additional demolition, or in de minimis cases. (Ord.
. ~
No. 360 N.S., (part))
16-4.2.11 Staff conformance check.
Following site plan and architectural review approval, upon submittal by the applicant for a building permit,
the planning director or his designee shall review the building permit submittal for substantial conformance with
the site plan and architectural review approval. No building permit shall be issued until such confonnance has
been demonstrated. (Ord. No. 360 N.S., (part))
16-4.2.12 Appeals.
Decisions of the design review board on applications for site plan and architectural review may be appealed to
the town council as provided in section 16-3.8.
Decisions of the planning director or his designee on applications {OrsitfLplan and architectural review may
be appealed within five working days to the design review board, whi~h shall follow the same procedures for
hearing the appeal as set forth for the town council in section 16-3.8. Notwithstanding provisions of section 16.
3.8 to the contrary, the decision of the design review board on appeal shall be final. (Ord. No. 360 N.S., (part))
16-4.2.13 Expiration of site plan and architectural reviel1l1 approval-Reapplication after denial.
Site plan and architectural review approval shall expire and become null and void three years after the date of
approval unless a building permit has been issued before the date of expiration.
Following the denial of an application for site plan and architectural review, no application for the same or
substantially the same project shall be filed within one year of the date of denial unless the denial is made with.
out prejudice. (Ord. No. 360 N.S., (part))
166-61
(Tiburon Supp. No.6, 6-06)
EXHIBIT NO.~
RESOLUTION NO. 2008-06
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION OF
AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE
WHEREAS, the Town of Tiburon has initiated text amendments to the Town's Zoning
Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and
WHEREAS, the Planning Commission has determined that the project has no potential
to result in adverse impacts on the environment and is exempt from the requirements of CEQA
pursuant to Section 15061 [b(3)] of the CEQA Guidelines; and
WHEREAS, this item was noticed pursuant to state and local law; and
WHEREAS, the Planning Commission did hold duly noticed and advertised public
hearings on January 9, 2008 and March 12,2008, and considered any testimony that was
received from the public, and
WHEREAS, the Planning Commission finds that the proposed Municipal Code
amendments are consistent with the goals, policies, and programs of the Tiburon General Plan,
and are consistent with the objectives of the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the Town Council adopt the Municipal Code text amendments to Title IV,
Chapter 16 (Zoning), as set forth in the attached Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town
of Tiburon held on March 12, 2008, by the following vote:
AYES:
COMMISSIONERS: Aguirre, Fraser, Frymier & O'Donnell
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: Kunzweiler
ATTEST: ('
g~~JJc~~~,
SCOTT ANDERSON, SECRETARY (ACTING)
/s/ AI Aguirre
AL AGUIRRE, CHAIRMAN
Tiburon Planning Commission
TIBURON PLANNING COMMISSION
RESOLUTION NO. 2008-06
MARCH 12, 2008
EXHIBIT NO. 3
E: ~.r""TT~Tr-n N0 A
~~..l-.........~l. _ ,"",'.
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON
MUNICIPAL CODE BY MAKING TEXT AMENDMENTS THERETO
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS.
A. On March 12, 2008, the Planning Commission adopted Resolution No. 2008-XX
recommending to the Town Council that text amendments be made to Title IV,
Chapter 16 (Zoning) of the Tiburon Municipal Code.
B. The Town Council held duly noticed public hearings on April 2, 2008 and April
16,2008, and heard and considered any public testimony on the proposed
Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant
to the adoption of this Ordinance have been followed.
D. The Town Council finds that the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
E. The Town Council finds that the amendments made by this Ordinance are
consistent with the goals and policies of the Tiburon General Plan and other
adopted ordinances and regulations of the Town of Tiburon.
F. The Town Council finds that these amendments are exempt from the requirements
of the California Environmental Quality Act (CEQA) pursuant to Section 15061
[b(3)] of the CEQA Guidelines.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE, TITLE IV,
CHAPTER 16 (ZONING).
NOW, THEREFORE IT IS ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TIBURON THAT TITLE IV, CHAPTER 16 (ZONING) OF THE
MUNICIPAL CODE IS AMENDED AS FOLLOWS:
1. Section 16-4.2.10 of Title IV, Chapter 16, is amended to replace the second
(middle) paragraph with the following paragraph:
Town ofTiburon
Ordinance No,
N.S.
Effective --/--/2008
p ]
Remodel applications for Site Plan & Architectural Review must include a
statement, calculations, and demolition plan drawing of sufficient detail to
demonstrate the percentage of existing exterior wall framing and roof
structure to be removed as part of the project. The project shall be deemed
new construction, with the expectation that the building is to conform with
the appropriate zoning standards for new construction, if either of the
following occurs:
1.
The roof is removed and more than 50% of the
existing exterior wall framing on the upper level is
removed. A single-story dwelling is considered to
be the upper story for purposes of this clause.
The roof remains, but more than 50% of the exterior
wall framing is removed.
2.
2. Section 16-4.13.5 of Title IV, Chapter 16, is amended to read as follows:
16-4.13.5 Length ofpermit--Mandatory review/renewal.
(a) A conditional use permit for a WCF approved on or after January
1, 2007 shall be valid for an initial period of ten (10) years after final
discretionary approval, unless a shorter duration is approved on the basis of
public safety reasons or substantial land use reasons. At least ninety (90)
days prior to expiration of the ten-year approval, the permit holder shall file
an application for review/renewal of the WCF permit. The permit holder
shall be solely responsible for timely filing of, and for all costs associated
with, the processing of applications for mandatory reviews/renewals.
(b) A conditional use permit for a WCF approved prior to January 1,
2007 shall be subject to the specific conditions of the permit with respect to
duration and periodic mandatory review/renewal. At least ninety (90) days
prior to expiration of the permit, the permit holder shall file an application
for review/renewal of the WCF permit. The Planning Commission shall
conduct a public hearing for the purposes of verifying continued compliance
with the findings and conditions of approval under which the application was
originally approved, as well as compliance with other applicable provisions
in the municipal code. Permit reviews/renewals are required every five (5)
years, unless a longer time period is approved by the acting body, or another
time period is set forth in the permit conditions. The permit holder shall be
solely responsible for timely filing of, and for all costs associated with, the
processing of applications for mandatory reviews/renewals.
Town ofTiburon
Ordinance No.
N.S.
Effective --/--/2008
p. ]
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for
any reason held by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remaining portions of this chapter. The Town
Council declares that it would have passed this chapter and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any
one or more section, sentences, clauses or phrases be declared invalid.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town Council,
a copy of the ordinance shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on ,2008, and was adopted at a regular meeting
of the Town Council of the Town of Tiburon on , 2008, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
JEFF SLA VITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
s: IPlanninglPlanning Commission \Staff Reports\2008\2008-06 Exhibit A
Town ofTiburol1
Ordinance No.
N. S.
Effective --/--/2008
P. 3