HomeMy WebLinkAboutTC Ord 1988 - 1989
ORDINANCE NO. 352 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING ORDINANCE
NO. 334 N.S. REGARDING FLOOD DAMAGE PREVENTION
An Ordinance of the Town Council of the Town of Tiburon amending
Ordinance No. 334 N.S., codified as Title IV, Chapter 13, Article I, section
13-1.1 of the Tiburon Municipal Code, regulating construction in Flood
Zones.
Section 1. Findin2s.
1. The Town Council finds that at the request of the State Department
of Water Resources, the Town's Flood Ordinance should be amended
to reflect an apparent omission made during original adoption of
Ordinance No. 334 N.S. in July 1988.
2. The Town Council finds that the proposed amendment will promote
the public health, safety, and welfare of the community.
Section 2. Amendment.
Section 4.3 (A) (4) is hereby added to Ordinance No. 334 N.S. as
follows:
"The proposed development does not adversely affect the
carrying capacity of the areas where base flood elevations have
been determined but floodways have not been delineated. For
purposes of this Ordinance, "adversely affects" means that the
cumulative effect of the proposed development when combined
with all other existing and anticipated development will not
increase the water surface elevation of the base flood more than
one foot at any point."
Section 3. Separability.
If any section, subsection, sentence, clause 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, clause, sentence or phrase thereof,
irrespective of the fact that anyone or more other sections, subsections,
sentences, phrases, or clauses may be declared invalid or unconstitutional.
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 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.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 6, 1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Shaw, Mayberry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Duke, Logan
, MAYOR
ATTEST:
, TOWN CLERK
ORDINANCE NO. 351 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ADDING CHAPTER 28 TO THE
TIBURON MUNICIPAL CODE REQUIRING BUSINESS
LICENSES FOR OPERATORS OF ALARM BUSINESS AND
PERTAINING TO THE PROHIBITION OF FALSE BURGLAR ALARMS
BE IT ORDAINED by the Town Council of the Town of Tiburon as follows:
Section 1. Chapter 28 entitled "False Burglar Alarms" is hereby added to the
Tiburon Town Code as follows:
28-1 Definitions.
A. "Alarm System" shall mean any device designed to detect an unauthorized
entry on or into any building, place, or both, which, when activated, emits a sound and;or
transmits a signal or message to a central alarm station for the purpose of obtaining a
response by police. Devices not designed for use to register alarms audible or visible on
the outside of the protected building, structure or facility, are not included within this
definition; nor are auxiliary devices installed by the telephone company to protect telephone
company systems which might be damaged or disrupted by the use of an alarm system.
No alarm device shall transmit to the Tiburon Police Department live or recorded voices
not capable of two-way communication on any telephone line. (The last requirement
regarding live or recorded messages shall take effect one (1) year after the adoption of this
ordinance for those premises with have this type of alarm installed prior to the adoption
of this ordinance).
B. "Audible Alarm" shall mean any device designated for detection of
unauthorized entry on premises which, when activated, generates an audible sound on the
premises.
C. "False Alarm" shall mean an alarm signal produced by an alarm system and
necessitating response by the Tiburon Police Department where an unauthorized entry or
attempted entry on or into any building, place, or premises, or robbery/burglary or
attempted robbery/burglary at a protected premises has not occurred. This shall include
"panic alarms" which are designed to summon police assistance.
D. "Police Department" shall mean the Police Department of the Town of
Tiburon, and the Chief of Police shall mean the Chief of Police of such Town or his
authorized representative.
E. "Licensee" means any person who shall be granted a business license for an
alarm business as provided by this Chapter, and his agents and representatives.
F. "Owner" shall mean the person who owns and/or occupies the premises
served by an alarm device.
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G. "Alarm Business" shall mean the business of an individual, partnership,
corporation, or other entity of: selling, leasing, maintaining, servicing, repairing, altering,
replacing, moving, or installing any alarm system or causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved,or installed any alarm system in or on any
building, structure, or facility.
H. "Subscriber" shall mean any person who purchases, leases, contracts for or
otheIWise obtains an alarm system from an alarm company operator.
I. "Public Nuisance" - An alarm system shall constitute a public nuisance if it
falsely activates more than the below listed number of false alarms, except that alarms
activated during the first thirty (30) days after initial installation of the system will not be
counted as false alarms.
1. Four (4) false alarms in any thirty (30) day period; or
2. Five (5) false alarms in any ninety (90) day period; or
3. Six (6) false alarms in anyone hundred-eighty (180) day period.
28-2 Permit Reouired. Before a response will be made from the Tiburon Police
Department, the owner must obtain and complete an approved permit from the police
department. The permit shall be on file with the police department and shall contain, but
not limited to, his/her name, address, and telephone number of the person(s) who can
render service to the alarm after being called, at any hour of the day or night. Each alarm
user permittee, registered alarm company operator or agent shall immediately inform the
police department of any and all changes in the information on file with the Town.
28-3 Owner responsibility. The owner of the premises having an alarm system
shall instruct all persons having access to the premises in the proper use and operation
of said alarm, including, specifically, all necessary instruction in turning on and off said
alarm and in avoiding false alarms. The owner shall notify the Town Police Department
communications center whenever an alarm system is under service or repair where in the
process of service or repair, the system may be activated, causing a police response.
28-4 Audible alarm requirements. Every owner maintaining an audible alarm
shall post a notice containing the names and telephone numbers of the persons to be
notified to render repairs or service and secure the premises during any hour of the day
or night that the burglar alarm is activated. Such notice shall be posted near the alarm
in such a position as to be legible from the ground level adjacent to the building where the
alarm system is located and easily accessible to be read by any responding police officer.
The alarm system must be equipped with an automatic shut-off device which shall
silence the alarm or turn off all exterior pulsating lights, except alarm indicator lights,
within fifteen (15) minutes, and on the U.L. certified systems, thirty (30) minutes.
It is unlawful to install on the exterior or interior of a building an alarm system
which, upon activation, emits a sound exceeding 85 decibels when measured from outside
the premises. It shall also be unlawful to install on the interior of a building an alarm
system which, upon activation, emits a sound exceeding 95 decibels.
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28-5 Alarm systems similar to sirens prohibited. It is unlawful to install on the
exterior or interior of a building an alarm system which, upon activation, emits a sound
which is similar to use on emergency vehicles or for civil defense purposes.
28-6 Alarm business. No person shall engage in, conduct, or carry on an alarm
business within the Town without first obtaining a Town Business License, and also a State
alarm company operator license in accordance with provisions of Division 3, Chapter II,
of the Business and Professions Code (Sections 7500, et seq.), and filing a copy of such
State license with the Town Finance Department. In the event its State license is
suspended, revoked, or otheIWise rendered invalid by the State issuing authority, the alarm
business shall notify the Town Finance Department, in writing, of such State action within
three (3) days thereof, with a copy to the Police Department.
28-7 Notification to subscribers. Each alarm business owner and/or operator is
required to provide each subscriber with a copy of this Chapter of this code, in its entirety.
28-8 Exemptions. The provisions of this Chapter are not applicable to audible
alarms fIXed to automobiles.
28-9 Police Department response - Public nuisance alarm system. The Police
Department shall have no obligation to respond to an alarm system which has been deemed
a public nuisance, as defined in Section 28-1 of this ordinance.
28-10 Revocation. Upon reaching the half-way mark towards the number of false
alarms defined as a nuisance, a warning notice will be mailed to the alarm owner, with a
copy to the alarm company. Upon reaching completion of the above definition and upon
notice as described below, the Police Department shall not longer respond to the alarm
signal.
The following shall constitute grounds for revocation:
1. The violation of any of the provisions of the Permit Agreement.
2. When an alarm system actuates excessive false alarms, and, thereby
constitutes a nuisance as defined herein.
3. When the applicant or permittee, or his employee or agent, has knowingly
made any false, misleading or fraudulent statement of a material fact in the
application for a permit or in any report or record required to be filed with
any Town agency.
The owner and/or licensee of an alarm system which constitutes a public nuisance
as defined in this chapter shall be notified by the Chief of Police, or his designee, that the
Police Department is under no obligation to respond to the premises of an alarm which
constitutes a public nuisance. The Chief of Police, in the case of such revocation, shall
serve the permittee with a Written Order of Revocation which shall state the reasons for
such revocation. The Order shall be deposited in the United States mail as soon as possible
after such alarm has been constituted as a public nuisance or personally served. Said
Order shall be effective immediately, if personally served, or forty-eight hours after same
has been deposited in the course of transmission in the United States Postal Service.
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Notwithstanding the effectiveness of an Order of Revocation, the permittee may
continue the use of any alarm system requiring a permit until the appeal process has been
exhausted, unless the Chief of Police determines that the continued operation of such alarm
system interferes with the safe and efficient operation of the Public Safety Department
involved. The owner of an audible alarm system shall be required to immediately
deactivate the audible portion of the system, upon notification that the system is a public
nuisance.
28-11 Appeal. The owner or licensee shall have the right to appeal the Written
Order of Revocation. Such appeal shall be in writing, shall state the basis of the appeal,
and shall be filed with the Chief of Police not later than thirty (30) days after notice of no
obligation to respond to the alarm premises. Upon receipt. of such appeal, the Chief of
Police may conduct such investigation thereof as he deems necessary and shall afford to
the appellant reasonable opportunity to present evidence in support of such appeal. The
decision of the Chief of Police shall be final.
28-12 Reinstatement. Reapplication for Permit. A person or company may
reapply for a permit upon proof that there has been a change in the alarm system and/or
its operation that would indicate the cause of the false alarm problem has been corrected.
28-13 Penalties. Any person, firm, or corporation violating any of the provisions
of this chapter shall be deemed guilty of an infraction, provided that upon violation of any
provision of this chapter three or more times during a 12-month period, such person or
corporation shall be deemed guilty of a misdemeanor.
Each person, firm, or corporation shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of the provision of this
chapter is continued, or permitted.
Upon conviction of any such violations, such person, firm or corporation shall be
punishable as follows:
First Conviction (infraction): Fine of $100.00
Second Conviction, same offense (infraction) Fine of $200.00
Third Conviction, same offense (infraction): Fine of $500.00
Fourth or Subsequent Conviction, same offense (misdemeanor): Fine of not more
than $500.00, or by imprisonment in the county jail for not more than six months,
or by both such fine and imprisonment.
Section 2. Separability. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by the 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, and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more other sections, subsections,
sentences, clauses or phrases may be declared invalid or unconstitutional.
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Section 3. Effective Date. This ordinance shall be and is hereby declared to be in
full force and effect as of thirty days from and after the date of its passage and shall be
published once before the expiration of fifteen days after its passage, with the names of the
Councilmembers voting for and against the same, in a newspaper of general circulation
published in the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on November 15. 1989, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Coxhead, Mayberry, Shaw, Logan
None
Duke
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PETER B. LqqAN, MAYOR
Town of Tiburpll
ATrEST:
~~h_~'~~~
THERESE M. H N SSY, TO CLERK
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ORDINANCE NO. 350 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AUTHORIZING AN
AMENDMENT TO THE CONTRACT BE1WEEN
BOARD OF ADMINISTRATION OF PERS AND
TOWN COUNCIL OF THE TOWN OF TIBURON
WHEREAS, the Town Council of the Town of Tiburon
does ordain as follows:
Section 1. Amendment
That an amendment to the Contract between the Town Council of the
Town of Tiburon and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said
amendment being attached hereto, marked "Exhibit A", and by such reference
made a part hereof as though herein set out in full.
Section 2. Authorization
The Mayor of the Town Council is hereby authorized, empowered, and
directed to execute said amendment for and on behalf of said Agency.
Section 3. Separability.
If any section, subsection, sentence, clause 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, clause, sentence or phrase thereof,
irrespective of the fact that anyone or more other sections, subsections,
sentences, phrases, or clauses may be declared invalid or unconstitutional.
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 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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on November 15, 1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Duke,
Mayberry, Shaw, Logan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
X~~i. /,_1, .~ - \.;:/;/ ..~.
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PETER B. LOC)~, MAYOR
Town of TiburOR' .
ATrEST:
cJ~!Yl:~
THERESE M. HENNESSY, WN CLERK
ORDINANCE NO. 349 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON AUTHORIZING
AN INCREASE IN THE TIBURON MUNICIPAL
CODE RELATED TO THE TRANSIENT OCCUPANCY TAX
THE PEOPLE OF THE TOWN OF TIBURON DO HEREBY ORDAIN
AS FOLLOWS:
section 1. Amendment.
section 7-2 of Chapter 7 of the Tiburon Municipal
Code is amended to read as follows:
section 7-2. Tax Imposed. For the privilege
of providing occupancy to transients within
the Town, a tax is hereby imposed on the
operator of any hotel at the rate of up to ten
(10) percent of the total amount of rent
collected by such operator for the providing
of such occupancy.
section 3. Effective Date.
This Ordinance shall be adopted if approved by
a majority of the voters voting on the measure, at an
election to be held on June 6, 1989, and shall go into
effect ten (10) days after the Town Council has by
resolution declared that such ballot measure was
approved by a majority of the voters voting thereon.
section 4. Separability.
If any provision of this ordinance or the
application thereof to any person or circumstance is
held invalid, such invalidity shall not affect any other
provisions or applications and, To this end the
provisions of this ordinance are declared to be
severable.
This ordinance was approved at a regular meeting of
the Town Council of the Town of Tiburon held on February
21, 1989 for submission to the voters at an election to
be held on June 6, 1989 by the following vote:
AYES:
COUNCILMEMBERS:
Duke, Coxhead,
Logan, Mayberry
NOES:
COUNCILMEMBERS:
Shaw
ABSENT:
COUNCILMEMBERS:
None
'I
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LAWRENCE/J. DUKE, MAYOR
Town of/Tiburon
ATTEST:
TOWN MANAGER/CLERK
RO
ORDINANCE NO. 348 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ADDING CHAPTER 20C
TO THE TIBURON MUNICIPAL CODE PERTAINING
TO THE PROHIBITION OF DISCRIMINATION
AGAINST PERSONS KNOWN OR SUSPECTED OF
HAVING AIDS, ARC, OR OTHERWISE INFECTED
WITH HUMAN IMMUNODEFICIENCY VIRUS (HIV)
THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDAIN
AS FOLLOWS:
section 1. Chapter 20C entitled "Discrimination Prohibited"
is hereby added to the Tiburon Town Code as follows:
"section 20C-l. Findinqs. The Town Council of the
Town of Tiburon finds that discrimination against persons with
Acquired Immune Deficiency Syndrome (AIDS), with AIDS-related
conditions (ARC), or otherwise infected with Human
Immunodeficiency Virus (HIV) , and against persons believed to
have AIDS, ARC, or otherwise infected with HIV, discourages
individuals from obtaining medical treatment, counseling,
education and other essential services. In order to encourage
such persons to seek diagnosis and treatment and to reduce the
risk of HIV transmission to others, the Tow Council of the Town
of Tiburon intends to prohibit discrimination against such
persons in matters affecting employment, real property
transactions, business practices and education.
section 20C-2. Definitions. The following words and
phrases, whenever used in this chapter, shall be construed as set
forth in this section:
A. "AIDS" means Acquired Immune Deficiency Syndrome, an
advanced or terminal condition caused by infection with
HIV.
B. "ARC" means AIDS Related Conditions, which are
manifestations of infection with HIV that are less
severe, or different, than the manifestations of AIDS.
C. "8IV Infection" means the condition of being infected
with HIV, which may be asymptomatic or manifested by
ARC or AIDS.
D. Terms such as "business establishment", "employer",
"business transaction", "person" shall be construed to
have their common meanings or as defined in the Tiburon
Town Code.
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E. "Real Property Transaction" means any transaction
affecting the use of real property, including, but not
limited to, the sale, lease, rental or financing of
real property.
F. "Discriminate Against" means to act or to practice in a
prejudicial manner on a categorical rather than on an
individual basis, to the detriment of a person.
section 20C-3. Prohibition of Discrimination. within
the Town of Tiburon, it shall be unlawful for any person,
business establishment, or employer to discriminate against any
person on the basis, in whole or in part, of being infected with
or suspected of being infected with HIV.
section 20C-4.
Discrimination in Emplovment.
A. Specific acts of unlawful discrimination on the part of
an employer, employment agency or labor organization, or any
agent or employee thereof, are exemplified by, but not limited
to, doing or attempting to do with regard to any person protected
hereunder any of the following:
(1) To fail or refuse to hire any qualified person, or to
discharge any person without sufficient cause, or
otherwise to disadvantage any person with respect to
compensation, terms, conditions or privileges of
employment including promotion;
(2) To limit, segregate or classify employees or applicants
for employment in any manner which would deprive or
tend to deprive any person of employment opportunities,
or adversely affect his or his employment status:
(3) To fail or refuse to refer for employment any person,
or otherwise to discriminate against any person
protected hereunder who applies to an employment
agency.
(4) To fail or refuse to include in the membership of a
labor organization or to otherwise discriminate against
any person; or to limit, segregate or classify such
membership; or to classify or fail or refuse to refer
for employment any person in any way which would
deprive or tend to deprive such person of employment
opportunities, or otherwise adversely affect his or her
status as an employee or as an applicant for
employment;
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(5) To discriminate against any person in admission to, or
employment in, any program established to provide
apprenticeship or other training or retraining,
including any on-the-job training program.
B. with respect to the announcement of employment
opportunities, membership in a trade or labor organization,
classification of persons seeking the assistance of an employment
agency, or referral of any person for employment or training, it
shall be unlawful for any person or organization to print,
publish, advertise or disseminate in any way any information
which would encourage discrimination against persons protected
hereunder.
C. Nothing contained in section 20C-4 shall be deemed to
prohibit selection, rejection or dismissal of an employee based
upon a bona fide occupational qualification.
(1) A "bona fide occupational qualification" shall include
but not be limited to the capacity or lack of capacity
of a person to perform his or her duties without
endangering his or her health or safety, or the health
or safety of others.
(2) In any action brought under this Section, if a party
asserts that an otherwise unlawful discriminatory
practice is justified as a bona fide occupational
qualification, that party shall have the burden or
proving:
a. that the discrimination is in fact a necessary
result of a bona fide occupational
qualification; and
b. that there exists no less discriminatory means
of satisfying the occupational qualification.
D. It shall not be an unlawful discriminatory practice
for an employer to observe the conditions of a bona fide employee
benefit system, provided such systems or plans are not a means to
evade the purpose of this Chapter, and provided further that no
such system shall provide an excuse for failure to hire any
person.
E. Nothing in section 20C-4 shall be construed to
prohibit any act specifically authorized by the laws of the State
of California or any actions taken by or under the direction of
the Health Officer of the County of Marin in order to protect the
public health.
3
section 20C-5. Discrimination in Real Property
Transactions.
A. Specific acts of unlawful discrimination on the
part of any person or business organization engaged in or
associated with buying, selling, leasing or renting real property
are exemplified by, but not limited to, doing or attempting to do
with regard to any person protected hereunder any of the
following:
(1) To interrupt, terminate, or fail or refuse to
initiate or conduct any real property transaction;
(2) To require different terms for such transaction
than the terms that would prevail for any or all
other buyers, lessees or renters;
(3) To represent falsely that an interest in real
property is not available for transaction;
(4) To include in the terms or conditions of a
transaction in real property any clause, condition
or restriction adversely affecting he buyer,
lessee or renter;
(5) To refuse to lend money, guarantee a loan, accept
a deed of trust or otherwise refuse to implement a
real property transaction in the same manner that
would prevail for any or all other buyers,
lessees, renters or owners of real property for
the purchase, acquisition, construction,
alteration, rehabilitation, repair or maintenance
of such property;
(6) To impose special or different conditions on real
property transaction financing that would
adversely affect persons protected hereunder;
(7) To refuse or restrict facilities, services,
repairs or improvements for any tenant, renter or
lessee.
B. with respect to notices, statements, and
advertisements regarding real property transactions, it shall be
unlawful for any person or organization to print, publish,
advertise or disseminate in any way any information which would
encourage discrimination against persons protected hereunder.
4
C. Nothing in section 20C-5 shall be construed to
prohibit any act specifically authorized by the laws of the state
of California or any actions taken by or under the direction of
the Health Officer of the County of Marin in order to protect the
public health.
section 20C-6. Discrimination in Business
Practices.
A. It shall be an unlawful business practice for any
person to deny any individual protected hereunder the full and
equal enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of any business establishment,
including but not limited to, medical, dental, paramedical,
banking, financing, legal, food, health care and convalescent
services of any kind whatsoever.
B. No person shall make, print, publish, advertise or
disseminate in any way any notice, statement or advertisement
with respect to any business establishment or public
accommodation which would encourage discrimination against any
person protected hereunder.
C. Nothing in Section 20C-6 shall apply to any blood
bank, blood donation facility, sperm bank, sperm donation
facility, organ donation facility, surrogate mother or surrogate
mother facility, or to any like service facility or establishment
engaged in the exchange of products containing elements of human
blood, sperm or other tissue.
D. Nothing in Section 20C-6 shall be construed to
prohibit any act specifically authorized by the laws of the State
of California or any actions taken by or under the direction of
the Health Officer of the County of Marin in order to protect the
public health.
Section 20C-7. Discrimination in Educational
Institutions.
A. It shall be unlawful for any person or educational
institution to do or attempt to do with respect to any person
protected hereunder any of the following:
('1) To deny admission, or to impose different terms or
conditions of admission to any facility owned or
operated or any service or program offered by an
educational institution;
(2) To deny any individual the full and equal
enjoyment of, or to impose different terms or
conditions upon the availability of, any facility
owned or operated or any service or program
offered by an educational institution.
5
B. It shall not be an unlawful discriminatory
practice under this section for a religious institution to limit
admission, or give other preference to applicants of the same
religion.
section 20C-8. HIV AntibodY Testinq.
A. No person shall require another person to take an
HIV antibody test, or any other test or to undergo any medical
procedure designed to determine or to help to determine that a
person is or is not infected with HIV.
B. Nothing in section 20C-8 shall apply to any blood
bank, blood donation facility, sperm bank, sperm donation
facility, organ donation facility, surrogate mother or surrogate
mother facility, or to any like service facility or establishment
engaged in the exchange of products containing elements of human
blood, sperm or other tissue.
C. Nothing in section 20C-8 shall be construed to
prohibit any act specifically authorized by the laws of the State
of California or any actions taken by or under the direction of
the Health Officer of the County of Marin in order to protect the
public health.
section 20C-9. Discrimination in Town Facilities
or Facilities Supported bY the Town. It shall be unlawful for
any person to deny any person protected hereunder the full and
equal enjoyment of, or to impose different terms and conditions
on the availability of, any of the following:
(1) any Town facility;
(2) any facility wholly or partially funded or
otherwise supported by the Town.
Section 20C-I0. Association. It shall be unlawful for
any person to do any of the acts described in this Chapter as a
result of the fact that a person associates with anyone who is
infected with HIV or suspected of being infected with HIV.
Section 20C-ll. Retaliation. It shall be
unlawful for any person to do any of the acts described in this
Chapter as retaliation measures against a person because that
person has done any of the following:
(1) has opposed any act or practice made unlawful by
this Chapter;
(2) has supported this Chapter and its enforcement;
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(3) has filed a complaint hereunder in any court;
(4) has testified, assisted or participated in any way
in any investigation, proceeding, or litigation
under this Chapter.
section 20C-12. Enforcement.
A. Any aggrieved person may enforce the provisions of
this Chapter in a civil action.
B. Any person who commits or proposes to commit an
action in violation of this Chapter may be enjoined therefrom by
a court of competent jurisdiction.
C. The provisions of this Chapter shall not be
construed to create criminal penalties for violations hereof, nor
shall anything in this Chapter be deemed to preclude any
aggrieved persons from seeking any remedy otherwise provided by
law.
section 20C-13. Limitation on Actions. Judicial
actions under this Chapter must be filed within on year of the
alleged discriminatory act.
section 20C-14. Non-Waiverability. Any written
or oral agreement which purports to waive any provision of this
Chapter is against public policy and void.
section 20C-15. Preemption. This Chapter shall
not apply to any act of discrimination to the extent that
regulating such act is preempted by state or federal law."
section 2. SeDarabilitv.
If any section, sentence, subsection clause of phrase
of this Ordinance is for any reason held to be invalid of
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 of more other
sections, subsections, sentences, clauses or phrases may be
declared invalid or unconstitutional.
7
section 3. 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 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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on September 20. 1989 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Duke
NOES:
COUNCILMEMBERS: Shaw
ABSENT: COUNCILMEMBERS
None
ATTEST:
8
ORDINANCE NO. 347 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON AMENDING
ORDINANCE NO.9. N.S. BY PREZONING
CERTAIN PROPERTI4ES TO "RO-2" AND "P"
DISTRICTS EFFECTIVE UPON ANNEXATION
TO THE TOWN OF TIBURON
WHEREAS, the Town Council of the Town of Tiburon
does ordain as follows:
section 1. Findinqs.
A. The Town has received an application from Charles
Wilson and Donald Simon requesting prezoning and annexation to the
Town of approximately 16 acres of property in the Town's Planning
Area. The subject properties and their proposed zoning are as
follows:
Owner
A. P. No.
Proposed Zoninq
wilson
38-171-59
RO-2 (Residential/Open Space) and P
(Parks, Recreation, and Open Space).
wilson
38-171-60
RO-2 (Residential/Open Space) and P
(Parks, Recreation, and Open Space)
Simon
38-171-42
RO-2 (Residential/Open Space)
Simon
38-171-43
P (Parks, Recreation, and Open Space)
Simon
38-171-46
P (Parks, Recreation, and Open Space)
Simon
38-171-47
RO-2 (Residential/Open Space)
B. The annexation of the subject properties to the
Town and the Sanitary District No. 2 was approved by LAFCo on May
18, 1989.
C. The Planning Commission, on August 23, 1989, held a
duly noticed public hearing on the prezoning and annexation
applications and recommended approval to the Council.
D. The Council has determined that the annexation and
prezoning are consistent with the Town's applicable General Plan.
E. The project is categorically exempt from CEQA under
Section 15319 of the CEQA Guidelines.
section 2. Adoption of Prezoninq
NOW, THEREFORE BE IT ORDAINED, that Ordinance No. 9
N. S . is hereby amended by adopting prezoning of the subj ect
properties as described above effective upon annexation to the Town
of Tiburon. These properties are more fully described on the
attached Exhibits "A" and "B".
section 3. Separability.
If any section, subsection, sentence, clause 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, clause, sentence or phrase
thereof, irrespective of the fact that anyone or more other
sections, subsections, sentences, phrases, or clauses may be
declared invalid or unconstitutional.
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 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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on September 20. 1989 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Shaw
/
ATTEST:
ORDINANCE NO. 346 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING CHAPTER 12A OF
THE TIBURON MUNICIPAL CODE WITH RESPECT
TO GRANTING OF EXCEPTIONS FOR UTILITY
UNDERGROUNDING REOUIREMENTS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TIBURON as follows:
section 1. Findinqs.
The Town Council does hereby find that the procedure
for approving "exceptions" to the Town's utility
undergrounding ordinance are unusually cumbersome in that a
basically administrative determination currently requires
review before the Town's Planning Commission. The Council
finds that it is in the public interest to delegate
responsibility for the granting of exceptions to
undergrounding requirements to the Director of Public Works
and Planning Director, with provisions for appeal to the
Town Council.
The Town Council finds that this amendment is
consistent with the Town's draft General Plan and is exempt
from the requirements of CEQA.
section 2. Amendment.
Chapter 12A, section 12A-3, paragraph (c), of the Tiburon
Municipal Code is hereby amended to read as follows:
"(c) The Director of Public Works and the
Planning Director shall grant or deny such
application by joint determination. Their
decision may be appealed to the Town Council. For
subdivision developments, any exception must also
be approved by the state Public utilities
Commission."
section 3. Separability.
If any section, sub-section, sentence, clause or phrase
of this ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining
portions of this ordinance. The Council hereby declares
that it would have adopted the ordinance and each section,
SUb-section, sentence, phrase or clause thereof,
irrespective of the fact that any on or more sections, sub-
sections, 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 its passage, the same
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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon held on August 16, 1989, by
the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Shaw, Mayberry,
Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Logan
ATTEST:
/-:::~~~ ~~-L
------- LAW~NCE . DU E, MAYOR
TO~,-9Y" TIBURON
c.t~rr~~:~WN CLERK
ORDINANCE NO. 345 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON LEVYING
A SPECIAL TAX FOR THE PROPERTY TAX YEAR 1989-90
COMMUNITY FACILITIES DISTRICT NO. 1985-1
(POINT TIBURON DEVELOPMENT)
TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA
The Town Council of the Town of Tiburon ordains:
1. Pursuant to Government Code sections 53328 and 53340, a
special tax is hereby levied on the property within Community
Facilities District No. 1985-1 for the 1989-90 tax year as shown on
Exhibit A attached hereto and by this reference incorporated
herein.
2. The appropriate officers and agents of the Town are
directed to provide all necessary information to the Marin County
Auditor and Tax Collector in order to effect the proper billing and
collection of the within special tax in th~ 1988-90 tax year.
3. The appropriate officers and agents of the Town, with
the written approval of the Town Manager, are authorized to amend
Exhibit A, between the time of the adoption of this ordinance and
the final posting of the special taxes to the county tax rolls, as
may be necessary to achieve a correct match of special tax levies
with the assessor's parcel numbers finally utilized by the County
in sending out property tax bills or to correct other clerical
errors. This authority is limited to correcting or preventing
clerical errors.
4. If for any cause any portion of this ordinance is found
to be invalid, or if the special tax is found inapplicable to any
particular parcel, by a court of competent jurisdiction, the
balance of this ordinance, and the application of the special tax
to the remaining parcels, shall not be affected.
5. This ordinance shall take effect and be in force thirty
(30) days after its date of passage; and before the expiration of
fifteen (15) days after its passage the same 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. '
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on July 19 ,1989
by the following vote:
AYES: COUNCILMEMBERS: Logan, Shaw, Mayberry,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Coxhead
/~:~_/ . ~~
'-_.c"-.- ,
LAWRENCK~. KE, MAYOR
Town of Tiburon
ATTEST:
MARSH:
EXHIBIT A
SPECIAL TAXES LEVIED BY THE TOWN COUNCIL
OF THE TOWN OF TIBURON FOR COMMUNITY
FACILITIES DISTRICT NO. 1985-1
(POINT TIBURON DEVELOPMENT)
FOR FISCAL YEAR 1989-1990
Assessor's Parcel Number
Special Tax
58-440-01
58-440-02
58-440-03
58-440-04
58-440-05
58-440-06
58-440-07
58-440-08
58-440-09
58-440-10
58-440-11
58-440-12
58-440-13
58-440-14
58-440-15
58-440-16
58-440-17
58-440-18
58-440-19
58-440-20
58-440-21
58-440-22
58-440-23
58-440-24
58-440-25
58-440-26
58-440-27
58-440-28
58-440-29
58-'440-30
58-440-31
58-440-32
58-440-33
58-440-34
$1,550.00
$1,550.00
-- 0 -- [BMR]
-- 0 -- [BMR]
$1,550.00
-- 0 -- [BMR]
-- 0 -- [BMR]
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
-- 0 -- [BMR]
-- 0 -- [BMR]
$1,550.00
-- 0 -- [BMR]
-- 0 -- [BMR]
$1,550.00
-- 0 -- [BMR]
-- 0 -- [BMR]
$1,550.90
-- 0 -- [BMR]
-- 0 -- [BMR]
$1,550.00
$1,550.00
$1,550.00
o [ BMR]
o [ BMR]
o [ BMR]
o [ BMR]
o [ BMR]
o [ BMR]
o [ BMR]
o [ BMR]
3
LAGOON:
59-390-01
59-390-02
59-390-03
59-390-04
59-390-05
59-390-06
59-390-07
59-390-08
59-390-09
59-390-10
59-390-11
59-390-12
59-390-13
59-390-14
59-390-15
59-390-16
59-390-17
59-390-18
59-390-19
59-390-20
59-390-21
59-390-22
59-390-23
59-390-24
59-390-25
59-390-26
59-390-27
59-390-28
59-390-29
59-390-30
59-390-31
59-390-32
59-390-33
59-390-34
59-390-35
59-390-36
59-390-37
59-390-38
59-390-39
59-390-40
59-390-41
59-'390-42
59-390-43
59-390-44
59-390-45
59-390-46
59-390-47
59-390-48
59-390-49
59-390-50
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.90
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
4
59-390-51
59-390-52
59-390-53
59-390-54
BAYSIDE:
59-380-01
59-380-02
59-380-03
59-380-04
59-380-05
59-380-06
59-380-07
59-380-08
59-380-09
59-380-10
59-380-11
59-380-12
59-380-13
59-380-14
59-380-15
59-380-16
59-380-17
59-380-18
59-380-19
59-380-20
59-380-21
59-380-22
59-380-23
59-380-24
59-380-25
59-380-26
59-380-27
59-380-28
59-380-29
59-380-30
59-380-31
59-380-32
59-380-33
59-380-34
59-380-35
59-380-36
59-380-37
59-380-38
59-380-39
59-380-40
59-380-41
59-380-42
59-380-43
59-380-44
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
5
PLAZA:
59-380-45
59-380-46
59-380-47
59-380-48
59-380-49
59-380-50
59-380-51
59-380-52
59-380-53
59-380-54
59-380-55
59-380-56
59-380-57
59-380-58
59-380-59
59-380-60
59-380-61
59-380-62
59-380-63
59-380-64
59-380-65
59-380-66
59-380-67
59-161-07
59-161-08
59-161-09
59-161-10
TOTAL
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$1,550.00
$33,232.74 [Bldg.13]
$19,519.61 [90% of Bldg.14]
$ 2,168.85 [10% of Bldg.14]
-- 0 -- [parking lot]
$264,171.20
6
ORDINANCE NO. 344 N.S.
AN URGENCY ORDINANCE OF THE TOWN OF TIBURON AMENDING
SECTIONS 6-9.1, 11.1, AND 20 OF ORDINANCE NO.9 N.S.,
THE TIBURON ZONING ORDINANCE, CONCERNING PROCESSING OF
SITE PLAN AND ARCHITECTURAL REVIEW APPLICATIONS
THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1.
Findinqs.
The Town Council does hereby find that as a result of
significant increases in the number of design review (site plan
and architectural review) applications and the resulting
backlog, the possibility exists that pursuant to Government
Code section 65950, applications, including but not limited to
applications for construction of residences on steeply sloping
hillsides, may be deemed automatically approved by operation of
law without appropriate review by the Town. The Town Council
further finds that the zoning ordinance's current provisions
for staff approval of certain applications are inappropriate to
provide adequate Town review of such applications. The Town
Council finds that such review is necessary to protect the
public health, safety, and welfare, and the Town Council hereby
adopts this ordinance as an urgency measure that shall go into
effect immediately upon its adoption pursuant to California
Government Code section 36937. The Town Council finds that
this urgency ordinance is necessary to establish a second
"review board" charged with acting on site plan and architec-
tural review applications in order to avoid automatic approvals
of projects as described above, and to eliminate provisions for
staff approval of projects.
Section 2.
Amendment.
Section 6-9.1 of Ordinance No.9 N.S., the Tiburon Zoning
Ordinance, shall be amended to read as follows:
"Board: The Design Review Board or Board of
Adjustments and Review."
Section 3.
Amendment.
Section 11.1 of Ordinance No. 9 N.S. is hereby amended by
deleting Section 11.1(A) (3), Section 11.1(A) (4), the words "of
Adjustments and Review" in the first sentence of Section
11.1(E), and the first sentence of Section 11.1(G) thereof.
-1-
PASSED AND ADOPTED
Council of the Town of
following vote:
at a regular meeting
Tiburon on May 17,
of the Town
1989, by the
AYES:
COUNCILMEMBERS: Mayor Duke, Coxhead, Mayberry,
Shaw, Logan
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
/,
.,/1
_/~ .'- .L~~--L'
\______,.... -- u~~:~~ / ~....;
LAWRENCE J. DUKE, Mayor
Town of Tiburon
AGER/CLERK
draft date: May 11, 1989
Final date: May 18, 1989
-4-
ORDINANCE NO. 343 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ADDING CHAPTER 14B
TO THE TIBURON MUNICIPAL CODE ESTABLISHING
A PUBLIC FACILITIES FEE FOR DEVELOPMENTS
WITHIN THE TOWN OF TIBURON
THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES ORDAIN AS
FOLLOWS:
CHAPTER 14B is added to the Tiburon Municipal Code to
read as follows:
Chapter 14B
PUBLIC FACILITIES DEVELOPMENT FEES
Section 14B-l
Section 14B-2
Section 14B-3
Section 14B-4
Section 14B-5
Section 14B-6
Section 14B-7
Section 14B-8
Section 14B-9
Section 14B-I0
Section 14B-ll
Section 14B-12
Title
Purpose
Definitions
Public Facilities Fees Established
Use of Fee Revenues
Developer Construction of Facilities
Exemptions
Zones of Benefit
Fee Adjustments
Enforcement
Separability
Effective Date
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS
Section 14B-l.
Title.
This chapter may be cited as the Town of Tiburon Public
Facilities Law.
Section 14B-2.
Purpose.
In order to implement the goals and objectives of the
Tiburon General Plan, and to mitigate the impacts caused by
future development in Tiburon, certain public facilities
must be constructed. The Town Council has determined that
development fees are needed in order to finance these public
facilities and to pay for each development's fair share of
the costs of these improvements. In establishing the fees
described in the following sections, the Town Council has
found the fees to be consistent with its General Plan, and,
pursuant to Government Code Section 65913.2, has considered
the effects of the fees with respect to the Town's housing
needs as established in the Housing Element of the General
Plan.
-1-
Section 14B-3.
Definitions.
"Building Permits" means a permit required by and
issued pursuant to Chapter 13 of this code.
"Circulation Facilities Improvements" includes but is
not limited to the construction of or improvement to street
rights of way, traffic signals, overcrossings, underpasses,
curbs, gutters, sidewalks, street pavement, and drainage
improvements incidental to street improvements necessary to
provide traffic circulation consistent with the most
recently adopted Circulation Element of the General Plan.
For purposes of this definition street includes highway or
road.
"Low and Moderate Income Levels" are those determined
periodically by the U. S. Department of Housing and Urban
Development based on the San Francisco-Oakland Standard
Metropolitan Statistical Area (SMSA) median income levels by
family size:
(1) Low Income - 50% to 80% of the SMSA median
(2) Moderate Income - 80% to 120% of the SMSA median
"New Development" means any new construction or use
that requires the issuance of a building permit, zoning or
subdivision entitlement which generates additional traffic
impacts from those generated by the previous use of the land
or which generates need for recreation facilities.
"Public Facilities" includes public improvements,
public services and community amenities, including but not
limited to construction of, or improvement to, public street
rights-of-way, traffic signals, overcrossings, underpasses,
curbs, gutters, sidewalks, street pavement, drainage
improvements, parking structure or lots, and housing needed
to meet low and moderate income housing goals as enumerated
in the most recently adopted Housing Element of the General
Plan.
"Reimbursement Agreement" shall mean an agreement
between the Town and a developer to refund an identified
amount of money."
"Subdivision Entitlement" means a permit issued
pursuant to Chapter 14 of this code.
"Zone of Benefit" is an identified subarea of the Town
within which fees are collected for construction of public
facilities located within that subarea.
"Zoning Entitlement" means a permit issued pursuant to
the Tiburon Zoning Ordinance.
-2-
Section 14B-4.
Public Facilities Fees Established.
Development fees are hereby established on issuance of
zoning or subdivision entitlements or on issuance of
building permits for new development in the Town of Tiburon
to pay for needed public improvements and facilities.
Timing of payment shall be set forth in the ordinance
referenced below.
The Town Council has, by ordinance, previously set
forth public facilities fees for the following:
1. Ordinance No. 232 N.S. and 249 N.S. establish a
Traffic Impact Mitigation Improvement Fund;
2. Ordinance No. 191 N.S. establishes Parks and
Recreation In-lieu Fees;
3. Ordinance No. 339 N.S. establishes provisions for
low and moderate income housing in new residential
developments of ten units or more.
The Town Council, or its designees, shall by
resolution, set forth at the time of imposition of public
facilities fees, the amount of the fee, describe the benefit
and impact area on which the fee is imposed, list the public
facilities to be financed, describe the estimated cost of
these facilities, and describe the reasonable relationship
between this fee and the various types of new developments.
Section 14B-5.
Use of Fee Revenues.
1. The revenues raised by payment of the public
facilities fee shall be placed in separate and
special accounts as provided by Council resolution
and such revenues, along with any interest earnings
on that account, shall be used for the following
purposes:
a. to pay for planning, design and construction of
designated public improvements and facilities
improvements as identified in the General Plan;
b. to reimburse the Town for such facilities
constructed by the Town with funds from other
sources, or
c. to reimburse developers who have constructed
designated public facilities which are
oversized with supplemental size, length, or
capacity;
-3-
d. to pay for and/or reimburse costs of
development and ongoing administration of the
Public Facilities Fee program.
Section 14B-6.
Developer Construction of Facilities.
Developers may be required to construct public facilities
designated to be financed with public facilities fees in
lieu of paying a development fee. If a developer is
required, as a condition of approval of a development
permit, to construct a public facility that has been
designated to be financed with public facilities fees and if
the facility has supplemental size, length or capacity over
that needed for the impacts of that development, a
reimbursement agreement with the development project shall
be offered. The reimbursement amount shall not include the
portion of the improvement needed to mitigate the burdens
created by the development.
Section 14B-07.
Exemptions.
Projects to be exempted from the imposition of the
circulation facilities improvement fee include:
a. Projects for the construction of non revenue
generating public buildings and facilities.
b. Reconstruction or remodel projects where there is
no increase in use or intensity causing an increase
in traffic.
c. Accessory uses creating no increase in traffic.
Section 14B-8.
Establishing of Zones of Benefit.
This section authorizes the Town Council to establish zones
of benefit by resolution. Fees collected from such zones
will be expanded in those zones for area-specific public
facilities improvement projects.
Section 14B-9.
Fee Adjustments.
A developer of any project subject to the fee described in
Sectioh 14B-4 may apply to the Town Council for a reduction
or adjustment to that fee, or a waiver of that fee, based
upon the absence of any reasonable relationship or nexus
between the impacts of that development and either the
amount of the fee charged or the type of facilities to be
financed. The application shall be made in writing and
filed with the Town Clerk not later than ten (10) days prior
to the public hearing on the development permit application
for the project, or (2) if no development permit is
required, at the time of the filing of the request for a
building permit. The application shall state in detail the
-4-
factual basis for the claim of waiver, reduction, or
adjustment. The Town Council shall consider the application
at the public hearing on the permit application or at a
separate hearing held within sixty (60) days after the
filing of the fee adjustment application, whichever is
later. The decision of the Town Council shall be final. If
a reduction, adjustment, or waiver is granted, any change in
use within the project shall invalidate the waiver,
adjustment or reduction of the fee.
Section 14B-10. Enforcement.
The fees imposed under this ordinance shall be enforced, if
payment is not made, as a lien against the property.
Section 14B-11. Separability.
If any section, sentence, subsection clause of 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 any
one of more other sections, subsections, sentences, clauses
or phrases may be declared invalid or unconstitutional.
Section 14B-12. 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
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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on May 17, 1989 by the
following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Logan, Shaw,
Mayberry, Duke
None
None
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
I
~:~.~
/
ATTESI@~
R.L. KLEINERT, TOWN MANAGER/CLERK
~- ,:7t~~-r~
LAWRENCE . DUKE, MAYOR
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ORDINANCE NO. 342 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A DEVELOPMENT
AGREEMENT FOR THE LA CRESTA DEVELOPMENT
BE IT ORDAINED by the Town Council of the Town of
Tiburon as follows:
Section 1. Findings.
The Town Council finds as follows:
A. California Government Code Sections 65864-65869.5
authorize cities and counties to enter into binding
development agreements as therein provided.
B. La Cresta Associates ("Owner"), has requested that the
Town of Tiburon (the "Town") enter into a development
agreement with respect to the real property commonly known
as La Cresta Units I and II, which is located off Via Los
Altos Road in the Town of Tiburon and more particularly
described in the Development Agreement attached hereto
as Exhibit "A", and proceedings have been taken in
accordance with the Town's rules and regulations for
the consideration of development agreements.
C. Owner has the requisite legal interest in the Property
to enable the Town to enter into the Development
Agreement with Owner.
D. The Planning Commission of the Town has reviewed the
proposed Development Agreement and has held a public
hearing on same.
E. The Town Council has held a public hearing on the
proposed Development Agreement and notice of intention
to consider adoption of the Development Agreement has
been given as required by law.
F. The Town Council finds that the Development Agreement
is consistent with the General Plan of the Town of
Tiburon which is currently in effect and with the
amended Master Plan for the property. There is no
Specific Plan applicable to the property.
G. The Town Council further finds that each and every of
the facts and statements set forth in the Recitals of
the Development Agreement attached hereto as Exhibit
"A", are true and correct, and said facts and
statements are hereby incorporated in this Ordinance by
this reference as fully and completely as if the same
had been set forth at length herein.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
approves the Development Agreement for La Cresta Associates,
a copy of which is attached hereto as Exhibit "A", and the
Mayor is authorized to enter into and execute said
Development Agreement on behalf of the Town.
Section 3. Separability.
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 or 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 any
one or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
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 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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on April 19, 1989 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: Mayberry
, //
~;~,
ATTAf;j
R. L. KLEINERT, TOWN MANAGER/CLERK
. ...
ORIGINAL
89 352~8
~~
~~~
4ft, '9~1(r
~;
RECORDING REQUESTED BY AND:
WHEN RECORDED, RETURN TO:
Town of Tiburon
Tiburon Town Hall
1155 Tiburon Boulevard
Tiburon, CA 94920
Attention: Mr. Jack Lohman
DEVELOPMENT AGREEMENT
(Tiburon Crest)
By and Between
La Cresta Associates
and
Town of Tiburon
April 19
, 1989
RECOROEO AT RE~)ESl Of
AGENCY SHOWN
tjag J,'N 20 ~;.~ S 00
t
OFFICIAL P.ECOOOS
MARIN COUN TY CALIFORNIA
JAMES J. OAL BON
If! rrJ
DEVELOPMENT AGREEMENT
(Tiburon Crest)
This Development Agreement is entered into by and
between La Cresta Associates, a California corporation ("La
Cresta"), and the Town of Tiburon ("Tiburon-), a municipal
corporation organized and existing under the laws of the
State of California, as of the 19th day of April ,1989.
RECITALS
A. These Recitals refer to and utilize certain
capitalized terms which are defined in this Development
Agreement. The parties intend to refer to those definitions
throughout this Development Agreement.
B. The State Development Agreement Law (California
Government Code section 65864 et s~q.) authorizes Tiburon to
enter into development agreements ~n connection with the
development of real property within its jurisdiction by
persons with a requisite legal or equitable interest in the
real property which is the subject of a development
agreement. The State Development Agreement Law also
authorizes Tiburon to enact, by resolution or ordinance,
procedures or requirements for the consideration of
development agreements, to meet the goals of the State
Development Agreement Law, to. conserve resources, reduce
development costs to the consumer and to encourage investment
in and a commitment to comprehensive planning to maximize the
efficient utilization of resources at the least economic cost
to the general public. The parties hereby adopt these
principles as forming the basis for this Development
Agreement.
C. Tiburon has enacted its Development Agreement
Resolution establishing the procedures and requirements for
the consideration of this Development Agreement thereunder
pursuant "to the State Development Agreement Law.
D. The Development Agreement Resolution and this
Development Agreement each implement the goals and policies
of the current General Plan and provide balanced and
diversified land uses in order to maintain the overall
quality of life and of the environment within Tiburon and to
impose appropriate standards and requirements with respect to
land uses, building heights and densities, traffic
improvements, support facilities (such as utilities and other
amenities) as development of the Project proceedS, and
measures for mitigating adverse environmental impacts -in
Tiburon and the surrounding region. Tiburon believes that
-1-
:
the orderly development of the Project will provide many
public benefits to Tiburon through the imposition of the
foregoing standards and requirements under the terms and
conditions of this Development Agreement, including, without
limitation, increased tax revenues resulting in fiscal
benefits to Tiburon, installation of on-and off-site public
improvements, construction of benficial urban in-fill between
already developed properties and helping to meet residential
needs within Tiburon and the region.
E. La Cresta and Tiburon desire to provide the
parameters within which the obligations of La Cresta for
public and other improvements will be met, and otherwise to
provide the final and definitive criteria for the development
of the Project in order to obtain the foregoing benefits. La
Crest a and Tiburon further desire to settle certain
litigation brought by La Cresta which challenges various
actions of Tiburon including Tiburon's denial of certain
prior land use applications pertaining to the Property and
various development moratoria enacted by Tiburon, a portion
of the consideration for such settlement being the mutual
execution of this Development Agreement.
F. Tiburon has determined that the Project is a
development for which a development agreement is appropriate
in order to achieve the gpals and objectives of Tiburon's
land use planning policies and to provide appropriate
assurances to La Cresta regarding its ability to complete the
Project. This will, in turn, eliminate uncertainty in
planning for and secure orderly development of the Project,
assure progressive installation of necessary improvements and
provisions for public services appropriate to each stage of
development of the Project, insure attainment of the maximum
effective utilization of resources within Tiburon at the
least economic cost to its citizens, and otherwise achieve
the goals and purposes for which the Development Agreement
Resolution was enacted by the Tiburon. In exchange for these
benefits to Tiburon, La Cresta desires to receive the
assurance that it may proceed with the Project in accordance
with the Existing Ordinances, subject to the terms and
conditions contained in this Development Agreement, in order
to implement the intent of Tiburon in enacting the
Developm~nt Agreement Resolution.
G. In order to effectuate the forgoing, the parties
desire to enter into this Development Agreement. La Crest a
is the owner of the Property and therefore satisfies the
requirement of Government Code section 65865, and is entitled
to file the application for, and enter into this Development
Agreement.
H. The Planning Commission has conducted duly noticed
public hearings concerning this Development Agreement
pursuant to requirements of the Development Agreement .
Resolution.
-2-
I. Thereafter, the Tiburon Town Council held duly
noticed public hearing on this Development Agreement pursuant
to the requirements of the Development Agreement Resolution,
found this Development Agreement consistent with the
objectives, policies, general plan uses, and programs
specified in the current General Plan; is compatible with the
uses authorized in the regulations prescribed for the land
use district in which the Property is located; is in
conformity with and will promote public convenience, general
welfare and good land use practices; will not be detrimental
to the health, safety, and general welfare of Tiburon or the
regions surrounding Tiburon; will not adversely affect the
orderly development of property or the preservation of
property values within Tiburon and will promote the same; and
will promote and encourage the development of the Project by
providing a greater degree of requisite certainty with
respect thereto; and introduced the Enacting Ordinance in
order to enact this Development Agreement as its legislative
act. Thereafter, the Tiburon Town Council adopted the
Enacting Ordinance enacting this Development Agreement as its
legislative act.
J. Concurrent with the First Reading of the Enacting
Ordinance, Tiburon adopted its Ordinance NO.3!l-Rsapproving
the Amended Master Plan (as hereafter defined) for the
Property. The findings of said Ordinance No.341 NSare
incorporated in this Development Agreement as Recitals by
this reference.
K. Concurrent with the First Reading of t~e Enacting
Ordinance, Tiburon adopted its Resolution NO.2~'approving
the Amended Tentative Maps (as hereafter defin~lQ!~r the
Property. The findings of said Resolution No.~ are
incorporated in this Development Agreement as Recitals by
this reference.
HOW, THEREFORE, pursuant to the authority contained in
the development agreement legislation, and in consideration
of the mutual covenants and promises of the parties herein
contained, the parties agree as follows:
1. Definitions.
1.1 Defined Terms. Each reference in this
Development Agreement to any of the following terms shall
have the meaning set forth below for each such term.
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1.2. APtrOVaIS. All amendments to any ordinances
heretofor or herea ter enacted, necessary or appropriate to
confer the requisite lawful right on La Cresta to develop the
Project, and any and all permits or approvals of any kind or
character required under the ordinances and/or resolutions in
order to develop the Project.
1.3. Development Agreement Resolution. Tiburonrs
Resolution No. 2595, establishing the procedures and
requirements for-the consideration of this Development
Agreement thereunder pursuant to the State Development
Agreement Law.
1.4. Enacting Ordinance. Ordinance No.342 N,S.,
enacted by the Town of Tiburon Town Council on Aprir-I9 1989
approving this Development Agreement.
1.5. Existin~ Ordinances. The Ordinances in
effect in the Town of T1buron on April 1, 1986.
1.6. Laws. The laws of the State of California,
the Constitution-or-the United States and any code, statutes,
or executive mandates, any court decision, state or federal,
thereunder.
1.7. Lots. The 31 separate lots or parcels of
real property identified in the Phase I Final Map, the
Amended Phase II Final Map, and the Amended Master Plan as
being lots upon which a residence may be constructed.
1.8. Ordinances. The ordinances, resolutions,
codes, rules, regulations, and official policies of Tiburon
governing the permitted uses of land, governing density, and
governing design, improvement and construction standards and
specifications applicable to the development of the Property,
including the timing of any development, but specifically not
including any regulation of construction hours or safety
related policies. Specifically, but without limiting the
generality of the foregoing, Ordinances shall include
Tiburonrs General Plan, Tiburon's Zoning Ordinances,
Tiburon's Subdivision Ordinance, and Tiburon's Building and
Fire Codes.
1.9. Parcels. All of the separate parcels of real
property designated upon the Phase I Final Map, and the
amended Phase II Final Map, and the Amended Master Plan other
than the Lots.
1.10. Person. Any person, partnership,
corporation, municipal corporation, governmental board, body,
agency or representative, or other form of organization or
entity.
1.11. Project. The residential development. and
associated amenities, and on- and off-site improvements,
contemplated by or embodied within the existing approvals as
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the same may hereafter be further refined, enhanced, or
modified pursuant to the provisions of this Development
Agreement.
1.12. Progerty. The real property described
in Exhibit A hereto on which La Cresta intends to develop
the project.
1.13. state Development Aareement Law. Government
Code sections 65864 - 65869.5, authorizing Tiburon to enter
into development agreements as therein set forth.
2. Effective Date: Term.
2.1. Effective Date. This Development Agreement
shall become effective thirty days following the second
reading of the Enacting Ordinance. After the Enacting
Ordinance takes effect pursuant to Government Code section
36937, and not later than ten days thereafter, Tiburon, by
and through its Town Council, and La Cresta shall execute and
acknowledge this Development Agreement, and thereafter the
Tiburon Clerk shall cause this Development Agreement to be
recorded in the Official Records of the County of Marin,
state of California. The cost of recording this Development
Agreement shall be borne by La Cresta.
2.2. Term of This Development Aareement. The term
of this Development Agreement shall commence on the effective
date of the Enacting Ordinance and shall terminate seven
years thereafter, unless sooner terminated or extended as
hereinafter provided.
2.3. Subsequent Amendments or Termination. If the
parties amend or cancel this Develop.ent Agreement as herein
provided, or as otherwise provided by the State Development
Agreement Law or the Development Agreement Resolution, or
this Development Agreement is terminated pursuant to any
provision hereof, then the Tiburon Town Clerk shall, after
such action takes effect, cause an appropriate notice of such
action to be recorded in the Official Records of the County
of Marin. The cost of recordation shall be borne by the
party causing such action.
3. General DaveloDment of the Project.
3.1. Proiect. La Cresta shall have the right to
develop the Project in accordance with the terms and
conditions of this Development Agreement, and as specified
in the Amended Master Plan, Amended Precise Plan, Amended
Tentative Maps, and Amended Final Maps, and Tiburon shall have
the right to control development of the Property in accordance
with the provisions of this Development Agre..ent. Except as
otherwise specified in this Development Agreement, the
Amended Master Plan, Amended Precise Plan, Amended Tentative
-5-
Maps, and Amended Final Maps, the Existing Ordinances shall
control the overall design, development and construction of
the project, and all on- and off-site improvements and
appurtenances in connection therewith, in the manner
specified in this Development Agreement, including, without
limitation, all mitigation measures required in order to
minimize or eliminate material adverse environmental impacts.
In the event of any inconsistency between the Amended Master
Plan, Amended Precise Plan, Amended Tentative Map, Amended
Final Maps, and this Development Agreement, the provisions of
this Development Agreement shall control.
3.2. Development of Property. La Cresta shall
apply for, and Tiburon shall approve, the re-subdivision of
the current Lot 29. By this re-subdivision, La Cresta will
create two additional lots, numbered Lot 30 and Lot 31. La
Cresta shall initiate such re-subdivision through an
application for a vesting tentative map (or, if La Cresta, in
its sole and unfettered discretion, so elects, an Amended
Tentative Map) (the .Subdivision Map") which Tiburon shall
process under and in accordance with the Existing Ordinances.
In furtherance of that re-subdivision, La Cresta shall
apply for, and Tiburon shall approve, an Amended Master Plan,
Amended Precise Plan, Amended Tentative Maps, and Amended
Final Maps. Each of these maps and plans shall be processed
by Tiburon under and in accordance with the existing
ordinances. The parties acknowledge that the amended maps
and plans referred to above and contemplated hereunder are an
appropriate means to accomplish the purposes herein
specified.
As part of those amended maps and plans, Tiburon agrees
that the primary envelopes identified in La Cresta's Phase I
and Phase II Final Maps may be amended to permit the primary
envelope identified on each lot to include the secondary
permitted building envelope identified on each lot as shown
in the current Phase I and Phase II Precise Plans approved by
Tiburon. The lower downslope envelope height limits are to
be deleted as shown on the current Final Maps, and
substituted with height limits being 30 feet from finished
grade.
Tiburon agrees that all applications for building
permits applied for on the Property will be acted upon within
three months from the date an application is accepted as
complete. The Town further agrees that Condition No. lIon
La Cresta's Tentative Map Resolution (1187) will be amended
so as to make it consistent with the CC&R's previously
approved by the Town Attorney. Amended Condition No. 11 of
Resolution No. 1187 of the Town of Tiburon approving the
Precise Plan and Tentative Map for La Cresta is to read as
follows:
"Unless otherwise approv~d by ~he Town of Tiburon
'no improvements of any type, ~nclud~ng fences, temporafy
-6-
or otherwise, shall be permitted outside the building
envelope, except driveways, retaining walls, and other
improvements associated with support driveways and
decks. In addition, no planting of trees of shrubberies
shall be allowed along property boundaries which would
have the effect of fencing the property."
La Cresta shall be obligated only for those building
permit fees to which all other lots in Tiburon are subject.
Any fees which have not been assessed or imposed against La
Cresta or the Property on April 1, 1986, other than those
covering the costs of the Town's processing of design review
and building permit applications, shall not be assessed or
imposed against La Cresta or the Property for development of
the Property permitted hereunder. Included among those
prohibited fees are fees imposed as a condition of
development, including mitigation fees, traffic fund fees,
reserve funds, in lieu fees, etc.
3.3. Design Review. In order to implement the
development provisions herein specified, the Town shall be
bound by the Design Review criteria in effect under the
Existing Ordinances.
3.4. General Standard of Tiburon Review. The
parties acknowledge that La Cresta must obtain additional
Approvals before completing construction of the Project, some
of which are discretionary in nature. In connection with any
Approval which Tiburon is permitted or has the right to make
under this Development Agreement, or otherwise under the
Existing Ordinances, Tiburon shall exercise its discretion or
take action in a manner which complies and is consistent with
the standards, terms, and conditions contained in this
Development Agreement, and in a manner which will not
materially interfere with the development of the Project on
the Property, for the uses and to the height, density and
intensity specified in this Development Agreement or the
exhibits hereto, or with the rate of development selected by
La Cresta.
3.5. Effect of Growth Management Ordinances or
Moratoria. Except as otherwise provided for, this
Development Agreement and the approvals pursued hereunder
shall be governed by the Existing Ordinances. The Town
agrees that for a period of seven years from and after the
effective date of this Agreement, the Town shall not (i) in
connection with processing applications for the development
referred to in Section 3.2 above, apply to La Cresta (or
their successors in interest, transferees, or assigns) or to
the Property any policy, standard, ordinance, or law adopted
by Tiburon on or after April 1, 1986 (except as permitted in
Section 3.7, infra), (ii) seek to merge any lots on the
Property, or (iii) apply to the property or to any
application for Tentative or Final Map Amendment, Master Plan
Amendment, Subdivision Map, Design Review, building permit or
-7-
any other permit or approval in connection with development
of the Property, Measure C or any other moratorium ordinance,
whether enacted by the Town Councilor the electorate.
In addition to the above, the Town agrees that it will
not apply to the Property or to any application for Tentative
or Final Map Amendment, Master Plan Amendment, Subdivision
Map, Design Review, building permit, or any other permit or
approval in connection with development of the Property, any
growth control measure enacted by the Town, whether enacted
by the Town Councilor the electorate for a period of five
and one-half years from the effective date of this Agreement.
Within that five and one-half year period, the Property will
be exempted from such growth control measure so as to permit
the issuance of seven building permits per year to La Cresta
or their successors in interest, transferees, or assigns.
The first seven such exemptions shall be valid for the
initial eighteen months following the effective date of this
Agreement. Thereafter, La Cresta (or their successors in
interest, transferees, or assigns) shall have seven,
exemptions per twelve month period. As used in the
foregoing, "growth control measure" refers to any policy,
standard, ordinance, or law which has as its purpose or
effect the limitation or development of construction within
the Town, including without limitation any measure which
limits, by number, the building permits that may be issued
for residential construction in the Town on an annual basis.
To the extent any limitation imposed by the Town or the
electorate permits development, La Cresta may apply
thereunder, and only upon denial on the basis of the enacted
growth control (which denial may not be based upon the
availability of La Cresta's exemptions) will La Cresta be
required to resort to the seven lots exempted per year.
It is the intention of the parties that this Development
Agreement shall permit La Cresta to proceed with the orderly
construction of the Project without delay upon the issuance
of all Approvals necessary to permit such construction, it
being agreed that the magnitude of the public and private
improvements to be constructed for the benefit of the
community is such that those improvements could not be
constructed without assurance that the development of the
Project c,an be completed.
3.6. Review and Processin rovals. Tiburon
shall accept for process1ng an expe 1t10US reV1ew and action
all applications for further approvals with respect to the
project called for or required under this Development
Agreement, including but not limited to the Amended Precise
Plan, the Amended Tentative Maps, the Am~nded Final Maps, the
Amended Master Plan (each discussed in Section 3.2 above),
and the Design Review applications discussed in Section 3.3
above). Tiburon shall make all best efforts towards taking
final action upon each of the aforementioned applications
within 45 days after Tiburon determines that an application
is complete (which determination Tiburon convenants and
-8-
agrees to make expeditiously after La Cresta's submittal of
the same to Tiburon). In any event, Tiburon shall take final
action upon each of the aforementioned applications within
seventy-five days after the application is determined to be
complete. Upon request from La Cresta, Tiburon shall
promptly inform La Cresta of all necessary information and
submission requirements in connection with each application
hereunder, and shall review any such application prior to its
submission for completeness. Each application shall be
processed under and in accordance with the Existing
Ordinances, and if such application is consistent with, and
otherwise conforms to, the standards, terms and conditions
contained in this Development Agreement and the Existing
Ordinances, then Tiburon shall approve such application. To
facilitate the prompt processing of its applications, Tiburon
may, at the expense and with the agreement of La Cresta,
retain an outside independent planner to be chosen by Tiburon
(with La Cresta's consent) to process and advise Tiburon with
respect to La Cresta's applications.
3.7. Protection Against Endangerments. Nothing
herein shall be construed to limit the authority of the Town
to adopt and apply Ordinances for the purpose and which have
the effect of protecting persons or property from dangerous
or hazardous conditions which (i) create a substantial
physical risk to persons or property, and (ii) are not unique
to the Property but instead exist throughout other portions
of the Town of Tiburon as well, provided that such Ordinances
expire or are repealed by the Town when the dangerous or
hazardous condition has ended. The provisions of this
Section 3.7 shall not apply to traffic or traffic safety
conditions now or hereafter existing in or about the Town of
Tiburon, and are not intended to be used for the purpose of
general welfare or to limit intensity of development or use
of the Property, but are instead intended to protect and
recognize the authority of the Town to deal with
endangerments, if any, not adequately addressed at the time
of the execution of this Agreement. The term of this
Agreement shall be extended pursuant to Section 4.2 below for
the duration of the period during which any such Ordinance
precludes compliance with the provisions of this Agreement.
4. " Specific Cri teria Applicable to Development of
Project.
4.1. A licable Ordinances and A rovals. The
ordinances which sha I govern the deve opment of the Property
hereunder and all subsequent approval with respect thereto,
including the permitted uses of the Property and the density,
design, improvements and construction standards and
specifications applicable to development of the Property
shall be the Existing Ordinaces. Nothing herein, however,
shall prevent Tiburon, in subsequent actions applicable to
the Property, from applying new ordinances, not inconsistent
or in conflict with the Existing Ordinances or the intent,
-9-
purposes or any of the terms, standards or conditions of this
Development Agreement, and which do not materially interfere
with the development of the Property for the uses and to the
height, density, and intensity set forth herein or in the
Exhibits hereto or with the rate of development selected by
La Cresta hereunder.
4.2. Changes in Law. In the event that state,
federal, regional, or local laws or regulations enacted after
the effective date of the Enacting Ordinance, prevent or
preclude compliance with one or more provisions of this
Development Agreement, such provisions of this Development
Agreement shall automatically be suspended or modified as may
be necessary to comply with such state, federal, regional, or
local laws or regulations. The foregoing shall not be
construed as authorizing, permitting, or empowering Tiburon
to enact any law which would have such effect. The term of
this Development Agreement shall be extended for the duration
of the period during which such new law precludes compliance
with the provisions of this Development Agreement.
4.3. Easements, Abandonment, Subdivison
Improvements. Tiburon shall cooperate with La Cresta in
connection with any arrangements for abandoning existing
utility or other easements and facilities and the relocation
thereof or creation of any new easements within the Property
necessary or appropriate in connection with the development
of Lots 30 and 31.
5. Periodic Review of Compliance.
5.1. Annual Review. Tiburon and La Cresta shall
annually review this Development Agreement, and all actions
taken' pursuant to the terms of this Development Agreement
with respect to the project. Such annual review shall be
undertaken in accordance with and subject to Government Code
965865.1.
6. Remedies.
6.1. Default. Upon the failure of either party to
fulfill its obligations under this Agreement, the non-
defaulting party shall have the right, in addition to all of
the rights and remedies available at law or in equity to (i)
bring any proceeding in the nature of specific performance,
injunctive relief or mandamus, and/or (ii) bring any action
at law or in equity as may be permitted by laws or this
Development Agreement in order to recover all damages
necessary to compensate the non-defaulting party for all the
detriment proximately caused by the defaulting party's
failure to perform its agreements, obligations, or
undertakings hereunder. Failure by a party to insist upon
strict performance of any of the provisions of this
Development Agreement by the other party, irrespective by the
length of time for which such failure continues, shall not
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constitute a waiver of such party's right to demand strict
compliance by said other party in the future. If either
party brings an action or proceeding (including, without
limitation, any cross-complaint, counter claim, or a third-
party claim) against the other party by reason failure of
that party to honor its responsibilities under this
Development Agreement, the prevailing party in such action or
proceeding shall be entitled to its costs and expenses of
suit, including but not limited to reasonable attorneys'
fees, which shall be payable whether or not such action is
prosecuted to judgment.
6.2. Litigation Ex1enses. Attorneys' fees under
this section shall include al attorneys' fees on any appeal,
and, in addition, a party entitled to attorneys' fees shall
be entitled to all other reasonable costs and expenses
incurred in connection with such action.
6.3. Esto~ple Certificate. Either party may, at
any time, and from t1me to time, deliver written notice to
the other party requesting such party to certify in writing
that, to the knowledge of the certifying party, (i) this
Development Agreement is in full force and effect and a
binding obligation of the parties, (ii) this Development
Agreement has not been amended or modified either orally or
in writing, and if so amended, identifying the amendemnts,
and (iii) the requesting party is not in default in the
performance of its obligations under this Develoment
Agreement, or if in default, to describe therein the nature
and amount of any such default. A party receiving a request
hereunder shall execute and return such certificate within 30
days following the receipt thereof. The Tiburon Town
Planning Director shall have the right to execute any
certificate requested by La Cresta hereunder.
7. Covenants Run With the Land.
All of the provisions, agreements, rights, powers,
standards, terms, covenants, and obligations contained in
this Development Agreement shall be binding upon the parties
and their respective heirs, successors (by merger,
consolidation or otherwise) and assigns, devisees,
administrators, representatives, lessees, and all other
persons acquiring the Property, or any portion thereof, or
any interest therein, whether by operation of laws or in any
manner whatsoever, and shall inure to the benefit of the
parties and their respective heirs, successors (by merger,
consolidation or otherwise) and assigns (but only to the
extent that individual parcels are listed on Exhibit A to the
Settlement Agreement, except that Lot 8 of Phase I shall not
be included if the current sale pending on the Lot closes
escrow). Each covenant to do or refrain from doing some act
on the Property hereunder, or with respect to any Tiburon
owned property, (1) is for the benefit of such properties and
is a burden upon such properties, (ii) runs with such
-11-
properties, and (iii) is binding upon each party and each
successive owner during its ownership ot such properties or
any portion thereot, and each person having any interest
therein derived in any manner through any owner of such
properties, or any portion thereof, and shall benefit each
party and its property hereunder, and each other person
succeeding to an interest in such properties.
8. Amendment and Termination.
8.1. Amendment or Cancellation. Except as
provided in Article 5 above with respect to Tiburon's annual
review thereunder, this Development Agreement may be
canceled, modified, or amended only by mutual consent of the
parties in writing, and then only in the manner provided for
in section 65868 of the state Development Agreement Law and
Article 4 of the Development Agreement Resolution. Any
amendment to this Development Agreement shall require the
giving of notice pursuant to Section 65867 of the Development
Agreement Legislation as specified by section 65868 thereof.
8.2. Recordation of Amendment. Any amendment or
cancellation of this Development Agreement effected by the
parties hereunder shall be recorded by the Tiburon Town Clerk
as specified in Section 2.4 above not later than 10 days
after the effective date of the action effecting such an
amendment or cancellation, which amendment or cancellation
shall describe the property subject thereto.
9. Notices.
9.1. Procedure. Any notice to either party shall
be in writing and be given by delivering the same to such
party in person or by sending the same by registered or
certified mail, or express mail, return receipt requested,
with postage pre-paid to the party's mailing address. The
respective mailing addresses of the parties are, until
changed as hereinafter provided, the following:
If to Town:
Town of Tiburon
Town Hall
1155 Tiburon Boulevard
Tiburon, CA 94920
Attention: Jack Lohman, Planning Director
with a CODY to:
Gary T. Ragghianti, Esq.
RAGGHIANTI, LUSSE , THOMAS
874 Fourth Street
San Rafael, CA 94901
-12-
If to OWner:
La Cresta Associates
707 Redwood Highway
Mill Valley, CA 94941
Attention: Mr. Ahmad Nana
with a CODY to:
stephen P. McGee, Esq.
BAGSHAW, MARTINELLI, CORRIGAN & JORDAN
950 Northgate Drive, Suite 303
San Rafael, CA 94903
Either party may change its mailing address at any time
giving written notice of such change to the other party in
the manner provided herein at least 10 days prior to the date
such change is effected. All notices under this Development
Agreement shall be deemed given, received, made, or
communicated on the date personal delivery is effected or, if
mailed, on the delivery date or attempted delivery date shown
on the return receipt.
10. Miscellaneous.
10.1. ADProvals. Unless otherwise herein
provided, whenever approval, consent or satisfaction (herein
collectively referred to as an "Approval") is required of a
party pursuant to this Agreement, it shall not be
unreasonably withheld. If a party shall disapprove, the
reasons therefore shall be stated in reasonable detail in
writing. Approval by a party to or of any act or request by
the other party shall not be deemed to waive or render
unnecessary approval to or of any similar or subsequent acts
or requests. The standards, terms and conditions for
Approvals under this Agreement shall extend to and bind the
partners, officers, directors, shareholders, trustees,
beneficiaries, agents, elective or appointive boards,
commissions, employees, and other authorized representatives
of each party, and each such Person shall make or enter into,
or take any action in connection with, any Approval hereunder
in accordance with such standards, terms, and conditions.
10.2. Severability. Invalidation of any of the
provisions contained in this Agreement, or of the application
thereof to any Person, by judgment or court order shall in no
way affect any of the other provisions hereof or the
application thereof to any other Person or circumstance and
the same shall remain in full force and effect, unless
enforcement of this Agreement as so invalidated would be
unreasonable or grossly inequitable under all the
circumstances or would frustrate the purpose of this
Agreement.
-13-
10.3. Exhibits. The Exhibits hereto are deemed
incorporated into this Agreement in their entirety by
reference thereto.
10.4. Entire Agreement. This Development
Agreement, the Exhibits hereto, and the Settlement Agreement
to which it is attached as Exhibit B and of which it is an
integral part, together contain of all the representations
and constitute the entire agreement between the parties with
respect to the subject matter hereof. Except as otherwise
specified in this Development Agreement, Exhibits, or
Settlement Agreement, any prior correspondence, agreements,
warranties, or representations are superseded in total by
these Agreements and the Exhibits thereto.
lO.5. Construction of Agreement. The provisions
of this Development Agreement, Exhibits and the Settlement
Agreement shall be constructed as a whole according to their
common meaning and not strictly for or against any party and
consistent with the provisions hereof, in order to achieve
the objectives and purpose of the parties hereunder. The
captions preceding the text of each Article, Section,
subsection and the Table of Contents hereof are included only
for convenience of reference and shall be disregarded in the
construction and interpretation of this Development
Agreement. Wherever required by the context, the singular
shall include the plural and vice versa, and the masculine
gender shall include the femine or neuter genders, of vice
versa.
10.6. Further Assurances; Covenant to Sign
Documents. Each party covenants, on behalf of itself and its
successors, heirs, and assigns, to take all actions and do
all things, and to execute, with acknowledgement or affidavit
of required, any and all documents and writings, that may be
necessary or proper to achieve the purposes and objectives of
this Development Agreement.
10.7. Covenant of Good Faith and Fair Dealing.
Neither party shall do anything which shall have the effect
of harming or injuring the right of the other party to
receive the benefits of this Agreement; each party shall
refrain from doing anything which would render its
performance under this Development Agreement impossible; and
each party shall do everything which this Development
Agreement contemplates that such party shall do in order to
accomplish the objectives and purposes of this Development
Agreement.
10.8. Governing Law. This Development Agreement,
and the rights and obligations of the parties, shall be
governed by the interpreted in accordance with the laws of
the State of California.
-14-
10.9. SeDarate Counterparts. For convenience,
this Development Agreement may be executed and acknowledged
in separate counterparts which, when attached to this
Agreement, shall constitute this as one complete Agreement.
10.10. ~. Time is of the essence of this
Agreement and each and every term and condition hereof.
IN WITNESS WHEREOF, the parties have executed this
Agreement
"Tiburon"
Town of Tiburon, a
municipal corporation
~ ..,~~-
LA~NC;~. DUKE
Its ~or
By
APPROVED
By
G
Ti
"La Cresta"
La Cresta Associates, a
California corporation
By ~~
AHMAD NANA
Vice President
-15-
)
) SSe
COUNTY OF MARIN )
On this ~day of ~~ ' in the year 1989,
before me, a Notary Public, per, nally appeared Lawrence J. Duke,
personally known to me (or prov~d to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as Mayor of the Town of Tiburon and acknowledged
to me that the Town of Tiburon executed it.
f'"""mnlthillitilUllliiUiiJUtmnldUltnnIlHntl!'tl'"nmnlDlll1J
i@-"OFFICIALSEAl.1
5 " BARBARA L JOHNSON
~ ..", . HOTAR~ PUBUC, CALIFORNIA
S MARIN COUNTY
=
i My Commission Expires AUI. 27, 1989 I
.UWIIHItWIIIIUlItr.ltfltllnmmmulWUllnunnomnnlluulllUllIUII
STATE OF CALIFORNIA
~J./uJr--' J;f~
Notary Publ ic I'
STATE OF CALIFORNIA
)
) SSe
)
COUNTY OF MARIN
~
On this ~.s- day of 71l~ ' in the year 1989,
before me, a Notary Public, pers ally appeared Robert L.
Kleinert, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person who executed this
instrument as Town Clerk of the Town of Tiburon and
acknowledged to me that the Town of Tiburon executed it.
.mUmnJllmRnIIlIlJlllftl18llR1llnmlJ1lr.n!!~nml_aum'D
E@ OFFICIAL SJ::.A.I a
i BARBARA L JOHNSON i
I · NOTARY PUBUC, CALIFORNIA I
-I MARIH COUNTY i
My Commission ExpIres Au&. 27, 1989 I'
I!UUftJ:m:ut
&~~~
Notary Public
)
) SSe
COUNTY OF MARIN )
On this ~ day of ~ ' in the year 1989,
before me, a Notary Public, rsonally appeared Ahmad Bana,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as Vice President on behalf of La Cresta Associates,
the corporation therein named, and acknowledged to me that the
corporation executed it.
STATE OF CALIFORNIA
;44~
Notary Public
. OmaAL SEAL
RITA A. FITZGERALD
NOTARY PUBLIC. CAlFOAHIA
w.RJH COUNTY
, My Ccmm Ex:*es May 1$, 1992 .
~ --. '--'
-16-
DBVBLOPMBNT AGREEKBKT
IXBIBIT A
(Phase I)
Lots 1-18 as shown upon that certain map entitled, "Map of
La Cresta," filed tor record September 23, 1982 in Volume 18 of
Maps, at Page 75, and the Amendment thereto, filed for record
December 15, 1983 in volume 18 of Maps, at Page 99, Marin County
Records.
(Phase II)
Lots 19-29 as shown upon that certain map entitled, "Map of
La Cresta Unit 2," filed for record July 24, 1987 in Volume 20 of
Maps, at page 19, Marin County Records and as amended by Lot Line
Adjustment plan approved by Tiburon on June 1, 1988.
r
I
J'
I
ORDINANCE NO. 341 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON APPROVING AN
AMENDMENT TO ORDINANCE NO. 238 N.S.
THE LA CRESTA MASTER PLAN
Section 1. Findings.
BE IT ORDAINED by the Town Council of the Town of Tiburon as
follows:
A. Applicant, La Cresta Associates, has previously
submitted a Master Plan to develop a parcel of 87 acres of
land off Via Los Altos Road in the Town of Tiburon. The
Master Plan was approved by the Town Council in Ordinance
No. 238 N.S., adopted on January 7, 1981.
B. Applicant has now submitted an application
requesting certain modifications to conditions of approval
with respect to that Master Plan. A copy of the proposed
modified conditions of approval are attached hereto as
Exhibit A and made a part hereof. Any such modifications
must be adopted in the form of an ordinance amending
Ordinance No. 238 N.S.
C. An Environmental Impact Report (EIR) was prepared
in connection with approval of the Master Plan and was
reviewed by the Planning Commission and certified by the
Town Council. Since certification of the EIR, a detailed
Geotechnical Investigation; Feasibility Analysis Lots 30 and
31 has been prepared by Herzog & Associates, dated March 29,
1988. The Geotechnical Investigation has been added as an
addendum to the EIR in accordance with Section 15164 of the
CEQA Guidelines (Title 14 of the California Administrative
Code) .
D. The EIR, including the Geotechnical Investigation,
has been considered by the Town Council in making a decision
on the application to modify the conditions of approval for
the Master Plan. The Master Plan, as the conditions thereto
are modified in accordance with the applicant's proposal,
will permit development of a project substantially similar
to the ,project reviewed in the EIR. The EIR studied
proposed projects of 39 and 32 residential lots, whereas the
project which could be built in accordance with the Master
Plan, if the conditions of approval for the Master Plan are
modified as proposed, would contain only 31 lots. In
addition, the modifications to the conditions of approval
for the Master Plan would not substantially change the
project which could be developed under the Master Plan from
the project studied in the EIR. Any changes in the project
which could be built in accordance with the modified Master
Plan from the project studied in the EIR are minor and will
not require any major revisions in the EIR.
1
E. Planning staff and the Town Council have studied
the EIR and applicant's application for modifications to the
conditions of approval for the Master Plan and have
determined that the EIR, including the addendum, adequately
and substantially addresses all potential environmental
impacts of building a project in accordance with
modifications to the conditions of approval for the MasSer
Plan. There is no evidence that substantial changes have
occurred with respect to the circumstances under which the
Master Plan is being modified which require major revisions
to the EIR, nor has any new information become available
since the EIR was certified as complete which would require
substantial revision to the EIR.
F. The Planning Commission held a duly noticed public
hearing on March 8, 1989, for the purpose of reviewing the
requested modifications to conditions of approval of the
Master Plan and receiving comments and recommendations from
the public in connection therewith. The Planning Commission
recommended approval of the application.
Section 2. Approval
Based upon the foregoing findings and all information
gathered from the application and the public hearings
conducted in connection with that application, the Town
Council hereby approves the requested modifications and
amends Ordinance No. 238 N.S. so as to modify the conditions
of approval of that Master Plan to read as set forth in
Exhibit A attached hereto. The Town Council specifically
finds that the maximum number of residential parcels
proposed in those modified conditions of approval is
appropriate for the site.
Section 3. Separability.
If any section, sentence, subsection clause of phrase of
this Ordinance is for any reason held to be invalid of
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 any
one of ~ore other sections, subsections, sentences, clauses
or phrases may be declared invalid or unconstitutional.
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 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.
2
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on April 5, 1989,
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Duke
NOES: COUNCILMEMBERS: Mayberry
ABSENT: COUNCILMEMBERS: None
,~:.'/ /).F
,j/' (~<::i""'\Jt:'"_~",, /'.~l:,~~_._,.;
LAWRE~t~~~ . DUKE, MAYOR
Town 'of Tlburon
ATTEST:
~~
R. L. KLEINERT, TOWN MANAGER/CLERK
3
ORDINANCE NO. 340 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING TITLE 6
BY ADDING SECTION 28 REGULATING
SMOKING IN PUBLIC PLACES
Section 28-1. Findin2s and Purpose.
The Town Council of the Town of Tiburon, State of California does hereby
find that:
A. Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution, and
B. Reliable studies, including by the Surgeon General of the United
States, have shown that breathing sidestream or secondhand smoke is a cause of
disease, including lung cancer, in healthy nonsmokers. At special risk are elderly
people, children, individuals with cardiovascular disease, and individuals with
impaired respiratory function, including asthmatics and those with obstructive
airway disease, and
C. Health hazards induced by breathing sidestream or secondhand
smoke include lung cancer, respiratory infection, decreased exercise tolerance,
decreased respiratory function, bronchoconstriction, and bronchospasm, and
D. Nonsmokers with allergies, respiratory diseases and those who sutTer
other ill effects of breathing sidestream or secondhand smoke may experience a
loss of job productivity or may be forced to take periodic sick leave because of
adverse reactions to same, and
E. Numerous studies have shown that a majority of both nonsmokers
and smokers desire to have restrictions on smoking in public places and places
of employment, and
F. Persons have a right to a smoke free environment if they desire.
Where the needs of smoker and nonsmoker conflict, the need to breathe smoke
free air, shall have priority.
Accordingly, it has been determined that the health, safety and general
welfare of the residents of, persons employed in, and persons who frequent this
Town would be benefited by the regulation of smoking in designated enclosed
places, including places of employment. Therefore, the Council finds it in the
public interest to regulate smoking in enclosed places, including places of
employment.
1
Section 28-2. Definitions.
The following words and phrases, whenever used in this Chapter shall be
construed as defined in this Section, unless it is apparent from the context that
they have a different meaning.
A. "Service line" or "service counter" is any indoor line or counter at
which one (1) or more persons are waiting for, receiving, or providing service of
any kind, irrespective whether such service involves the exchange of money.
"Service includes, but is not limited to, sales, provision of
information, directions or advice, and transfer of money or goods.
B. "Town means the Town of Tiburon, State of California.
c. "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit, and any person who
volunteers his or her services for a nonprofit entity.
D. "Employer" means any person, partnership, corporation, or non-profit
entity, who employs the services of one or more persons.
E. "Enclosed" means closed in by roof and four walls with appropriate
openings for ingress and egress, including all space therein screened by
partitions which do not extend to the ceiling or are not solid.
F. "Place of Employment" means any enclosed area under the control of a
public or private employer which employees normally frequent during the course
of employment, including but not limited to, work areas, employee lunges,
conference rooms and employee cafeterias. A private residence is hot a place of
employment for purposes of this chapter, unless it is used as a childcare or
healthcare facility.
G. "Public Place" means any enclosed area to which the public is invited
or in which the public is permitted, including but not limited to, banks,
educational facilities, health facilities, public transportation facilities, reception
areas, restaurants, retail food production and marketing establishments, retail
service establishments, retail stores, theaters and waiting rooms. A private
residence is not a "public place".
H. "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern,
cocktail lounge, sandwich stand, soda fountain, private and public school
cafeteria or eating establishment, and any other eating establishment,
organization, club, including veterans' club, boardinghouse, or guesthouse, which
gives or offers for sale food to the public, guests, patrons or employees as well as
kitchens in which food is prepared on the premises for serving elsewhere,
including catering facilities, except that the term "restaurant" shall not include a
cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in
Section 28-1 (J).
2
I. "Smoking" means the carrying or holding of a lighted pipe, cigar,
cigarette of any kind, or any other lighted smoking equipment or the lighting or
emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
J. "Bar" means an area which is devoted to the serving of alcoholic
beverages and in which the service of food is only incidental to the consumption
of such beverages. Although a restaurant may contain a bar, the term "bar" shall
not include the restaurant dining area.
K.. "Sports arena" means sports pavilions, gymnasiums, health spas,
boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other
similar places where members of the public assemble to engage in physical
exercise, participate in athletic competition or witness sports events.
Section 28-3. Town Owned Facilities.
All enclosed facilities and vehicles owned, leased, or operated by the Town
or under control of the Town of Tiburon shall be subject to the provisions of this
chapter.
Section 28-4. Prohibition of Smokinl: in Desipated Places.
Smoking shall be prohibited in the following places within all areas of the
Town:
A. All enclosed areas available to and customarily used by the general
public and all businesses patronized by the public, including, but not limited to,
retail stores, hotels and motels, pharmacies, and banks.
B. Within all restaurants having seating for 50 or more persons,
provided, however, that this prohibition does not prevent (1) the designating of a
contiguous area within the restaurant that contains no more than 50% of the
seating capacity of the restaurant as a smoking area, or (2) the providing of
separate rooms designated as smoking areas, so long as said rooms do not
contain more than 50% of the seating capacity of the restaurant.
c. Waiting rooms, hallways, wards, and semi-private rooms of health
facilities, including, but not limited to, hospitals, clinics, physical therapy
facilities, doctor's offices and dentists' offices, except that health facilities shall
also be 'subject to the provisions of Section 28-4 of this chapter regulating
smoking in places of employment.
D. Private residences when used as childcare or healthcare facilities.
Board and care facilities shall provide smokefree living quarters for nonsmoking
boarders.
E. Elevators.
3
F. Public restrooms, indoor service lines and counters, buses, taxicabs,
public airports, and other means of public transit under the authority of the
Town, and in ticket, boarding, and waiting areas of public transit depots;
provided, however, that this prohibition does not prevent (1) the establishment of
separate waiting rooms for smokers and nonsmokers, or (2) the establishment of
at least 50% of a given waiting area as a nonsmoking area.
G. Public areas of aquariums, galleries, libraries and museums when
open to the public; provided, however, that this prohibition does not prevent the
designation of a separate room for smoking in such areas.
H. Enclosed theaters, auditoriums, and halls which are used for motion
pictures, stage dramas and musical performances, ballets or other exhibitions,
except when smoking is part of any such production; provided, however, that this
prohibition does not prevent the designation of a contiguous area containing a
maximum of fifty percent (50%) of any area commonly called a lobby as a
smoking area.
I. Enclosed sports arenas and convention halls; provided however, that
this prohibition does not prevent the designation of smoking areas not to exceed
50% of the seating capacity and floor space.
J. Retail food marketing establishments, including grocery stores and
supermarkets, except those areas of such establishments set aside for the serving
of food and drink, restrooms and offices, and areas thereof not open to the
public, which may be otheIWise regulated by the chapter.
K. Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission, committee,
including joint committees, or agencies of the Town or any political subdivision
of the State during such time as a public meeting is in progress, to the extent
such place is subject to the jurisdiction of the Town.
L. Polling places.
M. Notwithstanding any other provision of this chapter, any owner,
operator, manager or other person who controls any establishment subject to this
chapter may declare that entire establishment as a nonsmoking establishment.
N. For those smaller restaurants with indoor seating for 50 or fewer
persons, no smoking tables and areas should be designated,
monitored and regulated by the individual business owner."
Section 28-5. Places of Employment.
A. It shall be the responsibility of employers to provide smoke free
areas for nonsmokers within existing facilities to the maximum extent possible,
but employers are not required to incur any expense to make structural or other
physical modifications in providing these areas.
4
B. Within 90 days of the effective date of this Ordinance, each employer
and each place of employment located within the Town of Tiburon, shall adopt,
implement, make known to employees and public, and maintain a written
smoking policy, which shall contain at a minimum the following requirements:
a. Prohibition of smoking in conference and meeting rooms,
classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.
b. Any employee in a place of employment shall be given the right to
designate his/her work area as a nonsmoking area and to post the same with an
appropriate sign or signs, to be provided by the employer. If, due to the
proximity of smokers, size of the work area, poor ventilation or other factors,
such designation does not reduce the effects of smoke to the satisfaction of the
employee, the employer shall make additional accommodation by expanding the
size of the work area subject to the prohibition against smoking or implementing
other measures reasonably designed to eliminate the effects of smoke on the
employee.
1. In any dispute arising under this smoking policy, the rights of
the nonsmoker shall be given preference.
c. Smoking shall be prohibited in all common work areas in a place
of employment, unless every person who works in that area agrees in writing that
a smoking area will be designated.
d. Provision and maintenance of a separate and contiguous
nonsmoking area of not less than 75% of the seating capacity and floor space in
cafeterias, lunchrooms and employee lounges.
c. The smoking policy shall be communicated to all employees within
three weeks of its adoption, and at least annually thereafter. All new employees
shall be informed of the policy before hiring and during initial orientation.
D. Notwithstanding the provisions of subsection A of this section, every
employer shall have the right to designate any place of employment, or portion
thereof, as a nonsmoking area.
~ection 28-6. Smokinl: Optional Areas.
Notwithstanding any other provisions of this chapter to the contrary, the
following areas shall not be subject to the smoking restrictions of this article:
A. Private residence, unless said residence is used as a childcare or a
healthcare facility;
B. Bars;
c. Hotel or motel rooms rented to guests;
5
D. Retail stores that deal exclusively in the sale of tobacco and smoking
paraphernalia;
E. Restaurants, hotel and motel conference or meeting rooms and
public and private assembly rooms while these places are being used for private
functions;
F. Any structure or property under the control of another publicly
elected body such as school facilities.
G. Notwithstanding any other provision of this section, any owner,
operator, manager or other person who controls any establishment described in
this section may declare that entire establishment as a nonsmoking
establishment.
Section 28-7. Postin2 Requirements.
"Smoking" or "No Smoking" signs, whichever are appropriate, with letters
of not less than one inch in height or the international "No Smoking" symbol
(consisting of a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it) and bearing in smaller print the name of the
Town and the ordinance number, shall be clearly, sufficiently and conspicuously
posted in every building or other place where smoking is regulated by this
chapter, by the owner, operator, manager or other person having control of such
building or other place.
Every restaurant regulated by this chapter shall have posted near its
entrance a sign clearly stating that a nonsmoking section is available, and where
escorted seating is provided, every patron shall be asked as to his or their
preference.
Section 28-8. Enforcement.
A. Any owner, manager, operator or employer of any establishment
subject to this chapter shall have the responsibility to inform any apparent
violator, whether public or employee, about any smoking restrictions in said
establishment.
8'. Enforcement of this chapter shall be the responsibility of the Town
Manager or his/her designee (or the County Department of Health and Human
Resources), herein described as "administrative authority".
c. Any citizen who desires to register a complaint under this chapter
may initiate the complaint with the administrative authority.
D. Notwithstanding any other provision of this chapter, a private citizen
may bring legal action to enforce this chapter.
6
E. County Health Inspectors, on their regular restaurant inspections,
shall check for compliance with sign posting and "no smoking" eating section
minimal size requirements. Restaurants shall be notified in writing of any
violations on the standard health inspection report. Further, such violations
shall be reported in writing by the County Health Department, on a quarterly
basis, to the administrative authority in the jurisdiction where such violations
occur.
Section 28-9. Penalties.
A. It shall be unlawful for any person who owns, manages, operates or
otheIWise controls the use of any premises subject to this chapter to fail to:
properly post signs required hereunder; to provide signs for the use of employees
in designating their areas; to properly set aside "No Smoking" areas; to adopt a
smoking restriction policy; or to comply with any other requirements of this
chapter.
B. It shall be unlawful for any person to smoke in any area restricted
by the provisions of this chapter.
C. Any person or business that violates any provision of this chapter
shall be guilty of an infraction, punishable by:
a. A fine, not exceeding $100.00, for the first violation;
b. A fine, not exceeding $200.00, for a second violation of this
chapter within one year;
c. A fine, not exceeding $500.00, for each additional violation of this
chapter within five years.
Section 28-10. Nonretaliation.
No person or employer shall discharge, refuse to hire, or in any manner,
retaliate against any employee or applicant for employment because such
employee or applicant exercises any rights afforded by this chapter.
Section 28-11. Education.
The administrative authority shall develop a program to inform citizens of
the provisions of this chapter and to assist owners, operators and managers to
comply.
7
Section 28-12. Governmental A&ency Cooperation.
The Town Manager shall annually request other governmental and
educational agencies having facilities within the Town of Tiburon to establish
local operating procedures in cooperation and compliance with this article.
Section 28-13. Other Applicable Laws.
This chapter shall not be interpreted or construed to permit smoking
where it is otheIWise restricted by applicable laws.
Section 28-14. Separability.
If any section, sentence, subsection clause of phrase of this Ordinance is
for any reason held to be invalid of 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 any
one of more other sections, subsections, sentences, clauses or phrases may be
declared invalid or unconstitutional.
Section 28-15. 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 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on February 1, 1989 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
........-..
/
ATrEST:
8
ORDINANCE NO. 339 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON AMENDING ORDINANCE
NO.9 N.S., THE ZONING ORDINANCE, TO REQUIRE PROVISION
FOR LOW AND MODERATE INCOME HOUSING IN NEW RESIDENTIAL
DEVELOPMENTS OF TEN UNITS OR MORE
BE IT ORDAINED by the Town Council of the Town of Tiburon as
follows:
Section 1. Findinqs. The Town of Tiburon finds that the
citizens of the Town are experiencing a housing shortage for low
and moderate income households. A goal of the Town is to achieve
a balanced community with housing available for households of a
range of income levels. Increasingly, persons with low and
moderate incomes who work and/or live within the Town are unable
to locate housing at prices they can afford, and are increasingly
excluded from living in the Town. Federal and state housing
subsidy programs are not sufficient by themselves to satisfy the
housing needs of low and moderate income households. The Town
finds that the high cost of newly constructed housing does not,
to any appreciable extent, provide housing affordable by low and
moderate income households, and that continued new development
which does not include lower cost housing will serve to further
aggravate the current housing shortage by reducing the supply of
developable land. The Town further finds that it is a public
purpose of the Town, and a public policy of the state of Califor-
nia as mandated by the requirements for a housing element of the
Town's general plan, to make available an adequate supply of
housing for persons of all economic segments of the community.
Section 2. Purpose. The purpose of this Ordinance is to
enhance the public welfare and assure that further housing
development contributes to the attainment of these housing goals
by increasing the production of units affordable by households of
low and moderate income, and by providing for funds for develop-
ment of low income housing. A limited and finite amount of land
remains for development of housing in the Town. In order to
assure that the remaining developable land is utilized in a
manner consistent with the Town's housing policies and needs, the
Town declares that ten percent of the total number of units of
all new developments containing ten or more units shall be
affordable by households of low or moderate income.
Section 3. Defini tions. For the purposes of this Ordi-
nance, certain words and phrases shall be interpreted as set
forth in this section unless it is apparent from the context that
a different meaning is intended.
(a) Applicant: Any person, firm, partnership, association,
joint venture, corporation, or any entity or combination of
entities which seeks Town permits and approvals.
(b) At one location: All adjacent land owned or controlled
by the applicant, the property lines of which are contiguous at
any point, or the property lines of which are separated only by a
public or private street, road or other public or private right-
of-way, or separated only by other land of the applicant.
(c) Project: A housing development at one location
including all units for which permits have been applied for or
approved within a twelve-month period.
(d) Low and moderate income levels: Those determined
periodically by the u.s. Department of Housing and Urban Develop-
ment based on the San Francisco-Oakland Standard Metropolitan
Statistical Area (SMSA) median income levels by family size:
(1) Low income -
50% to 80% of the SMSA
median
(2) Moderate income -
80% to 120% of the SMSA
median
(e) Density bonus: An increase in the number of units
otherwise allowed for any particular lot.
(f) Dwelling unit:
one household.
A dwelling designed for occupancy by
(g) Housing Authority: The Housing Authority of the County
of Marin, a nonprofit public corporation.
(h) Housing Costs: The monthly mortgage principal and
interest, property taxes, homeowners insurance, and condominium
fees, where applicable, for ownership units; and the monthly rent
for rental units.
(i) Housing director: The Executive Director of the
Housing Authority of the County of Marin.
(j) HUD: The United states Department of Housing and Urban
Development or its successor.
(k) Inclusionary unit: An ownership or rental housing unit
as required by this Ordinance which is affordable by households
with low qr moderate income.
(l) Income eligibility: The gross annual household income
considering household size and number of dependents, income of
all wage earners, elderly or disabled family members and all
other sources of household income.
(m) In-lieu participation fee: A fee paid to the Town by
an applicant for residential development in the Town, in lieu of
2
providing the inclusionary units or lots required by this
Ordinance.
(n) Resale controls: Legal restrictions by which the price
of inclusionary units will be controlled to insure that the unit
remains affordable by low or moderate income households on
resale.
Section 4. General inclusionary unit reauirements for new
residential developments of ten or more units.
(a) Any new residential development involving ten or more
lots or dwelling units, including but not limited to one-family
dwellings, apartments or other mUlti-family dwellings, condo-
minium developments, townhouse developments , cooperatives, and
subdivisions, which is approved on or after the effective date of
this Ordinance, shall be conditioned to provide ten percent of
the total number of dwelling units within the development as
inclusionary units affordable by low or moderate income house-
holds. In the case of a subdivision of ten or more lots, ten
percent of the total number of lots shall be provided for the
development of inclusionary units. The obligation to provide
inclusionary units or lots may be satisfied in appropriate
circumstances by the applicant's payment of in-lieu fees, as
provided in section 10 of this Ordinance.
In applying this percentage, any decimal fraction less than
or equal to 0.50 may be disregarded and any decimal fraction
greater than 0.50 shall be construed as requiring one inclusion-
ary unit. The inclusionary requirement shall be imposed only
once on a given development, regardless of changes in the
character or ownership of the development.
(b) Any development permit for new residential development
projects of ten or more lots or units shall be granted subject to
conditions ensuring compliance with the provisions of this
Ordinance. Such conditions shall specify the timing of construc-
tion of inclusionary units and/or payment of in-lieu participa-
tion fees, the number of inclusionary units at appropriate price
levels, provisions for income certification and screening of
potential purchasers and/or renters of inclusionary units, a
resale control mechanism, and, if applicable, density bonuses.
In addition, the conditions shall require a written agree-
ment between the applicant and the Town or its designee, indicat-
ing the number, type, location, approximate size and construction
scheduling of all inclusionary units and such reasonable informa-
tion as shall be required by the Town for the purpose of deter-
mining the applicant's compliance with this Ordinance.
3
(c) All inclusionary units in a project should be construc-
ted concurrently with or prior to the construction of noninclu-
sionary units, unless extenuating circumstances exist.
(d) All inclusionary units shall be sold or rented to low
or moderate income households, as certified by the Housing
Authority.
(e) All inclusionary units shall be reasonably dispersed
throughout the entire development, shall contain on average the
same number of bedrooms as the non-inclusionary units in the
development, and shall be compatible with the design or use of
the non-inclusionary units in terms of exterior appearance,
materials, and finished quality.
(f) The applicant shall have the option of reducing the
interior amenity level and/or the square footage of the inclu-
sionary units below that of the market rate units, provided all
such units conform to the requirements of applicable building and
housing codes.
(g) If the Town finds that the construction of the required
inclusionary units is not feasible or appropriate as part of a
larger development project, the applicant may, with Town approval
provide the inclusionary units at another location within the
Town.
Section 5.
developments.
Inclusionary unit reauirements or rental
(a) Inclusionary rental units shall be offered at rent
levels not exceeding the maximum housing unit rental price
affordable by moderate income households paying thirty percent of
gross income. Where housing assistance rental subsidies are
available, units shall be made available to lower income house-
holds.
(b) The Town shall contract with the Housing Authority to
screen applicants for the inclusionary rental units, and to refer
eligible households to the developer or owner. The developer or
owner shall retain final discretion in the selection of tenants,
provided that the same rental terms and conditions are applied to
tenants of inclusionary units as are applied to tenants of non-
inclusionary units in the development, except as to rent levels
and income, or as required to comply with government subsidy
programs.
(c) The Housing Authority shall be the designated authority
on behalf of the Town to require guarantees, to enter into
recorded agreements with developers, and to take other appro-
priate steps necessary to assure that the required moderate
income rental units are provided and that they are rented to
4
moderate income households. When this has been assured to the
satisfaction of the Housing Authority, the Housing director shall
prepare a certification indicating that the developer or owner
has complied with the requirements of this section, and shall
transmit it to the Town.
Section 6.
developments.
(a) Inclusionary ownership units for moderate income
households shall be sold at prices affordable to a range of
families earning eighty percent to one hundred twenty percent of
the area median income; low income units shall be affordable by
households earning fifty to eighty percent of the median income.
The inclusionary unit sales prices corresponding to this income
range shall be established by the Town or its designee.
Inclusionary unit reauirements for ownership
(b) The applicant shall be required, for a period of not
less than ninety days from the date of the Town's issuance of an
occupancy permit for the units, to offer to the Housing Author-
ity, the Town, or a party designated by the Town, all inclusion-
ary units required by this Ordinance, for sale to eligible
purchasers. Sale and resale restrictions will be removed from
the units in the event the Housing Authority, the Town, or a Town
designee does not, within said ninety days, complete the sale to
an eligible purchaser (purchase contingent on a one percent of
sales price refundable cash deposit and initiation of escrow
within thirty days of submission of cash deposit), or elect to
purchase the units for subsequent sale to an eligible purchaser.
The Housing Authority shall advise all prospective purchasers of
the resale restrictions applicable to inclusionary units pursuant
to this Ordinance.
(c) Upon notification of the availability of inclusionary
units by the developer, the Housing Authority shall advertise the
inclusionary units to the general public and shall seek and
screen qualified purchasers through a process involving applica-
tions and interviews. Where necessary, the Housing Authority
shall hold a lottery to select purchasers. The developer/owner
shall retain final approval in the selection of the qualified
purchasers selected by the Housing Authority; provided that the
same terms and conditions (except income) are applied to purchas-
ers of inclusionary units as are applied to purchasers of non-
inclusiona,ry units in the development.
Section 7. Inclusionary reauirements for subdivision
development.
In subdivisions of ten or more lots, ten percent of the lots
on-site, or their equivalent off-site, shall be provided for
immediate or future development of low or moderate income units.
Such land may be developed by the applicant or another developer,
5
whether profit or nonprofit, private or pUblic, or may be deeded
by the applicant to the Town of Tiburon or its designee. The
units built on these lots shall conform to all requirements of
this Ordinance. The method of providing inclusionary units shall
be specified in the conditions of approval of the subdivision.
Section 8. Eliqibility reauirements.
(a) In establishing low or moderate household income, the
Town or its designee shall consider, among other things, the
median household income data provided periodically by HUD,
household size and number of dependents, and all sources of
family income and assets.
(b) Every purchaser of an inclusionary unit shall certify
by a form acceptable to the Town that the unit is being purchased
for the purchaser's primary residence. The Housing Authority
shall verify this certification. Failure by the purchaser to
maintain eligibility for homeowners property tax exemption, or to
accept receipt of a certified or registered letter sent by the
Town, shall be construed to mean that the inclusionary unit is
not the primary place of residence of the purchaser.
Section 9. Control of resale. In order to maintain the
availability of inclusionary units which may be constructed
pursuant to the requirements of this Ordinance, the Town shall
impose the following resale conditions:
(a) The price received by the seller of an inclusionary
unit shall be limited to the lower of:
(1) the purchase price plus an increase based on the
Bay Area consumer Price Index;
(2) an amount consistent with the increase in the
median income since the date of purchase; or
(3) the fair market value.
(b) Ownership inclusionary units constructed, offered for
sale, or sold pursuant to the requirements of this Ordinance
shall be offered to the Housing Authority or its assignee at the
price determined according to subdivision (a) of this Section,
for a period of 90 days from the date a notification of intent to
sell is given by the first purchaser or subsequent purchaser(s).
Ownership inclusionary units shall be sold and resold from the
date of the original sale only to moderate income households as
determined to be eligible for inclusionary units by the Housing
Authority according to the requirements of this Ordinance. The
seller shall not levy or charge any additional fees in connection
with the sale, nor shall any "finders fee" or other monetary
consideration be allowed on resale other than customary real
6
estate commissions and closing costs.
(c) The owners of any inclusionary unit shall attach to the
grant deed conveying title to such unit, a declaration provided
by the Housing Authority, stating the restrictions imposed
pursuant to this Ordinance, including but not limited to all
applicable resale controls and occupancy restrictions. The grant
deed shall afford the grantor and the Town the right to enforce
the attached declaration of restrictions.
(d) The Housing Authority shall be given the responsibility
of monitoring the resale of inclusionary units. Any abuse in the
resale provisions of this Ordinance shall be referred to the Town
for appropriate action.
Section 10. In-lieu participation fees.
(a) In those cases where the Town determines that a
development is not suitable for inclusionary units due to factors
such as, but not limited to, location, development density,
accessibility to public transportation, and environmental
conditions, the Town and the applicant may agree to the appli-
cant's contribution of in-lieu participation fees. These in-lieu
fees shall be used by the Town or its designee for the purpose of
developing affordable housing for low or moderate income house-
holds.
(b) In-lieu participation fees for all residential develop-
ment including subdivisions, shall be determined by the Planning
Director using the method of calculation set forth in Exhibit nA"
hereto. Per unit in-lieu participation fees shall be calculated
on the basis of the difference between the maximum affordable
purchase price of a dwelling unit for which moderate income
families earning one hundred percent (100%) of median income can
qualify, and the cost of construction of a 1500 square foot unit
in the Town. The cost of construction per square foot shall be
as established from time to time by the Town's Building Official
for building permit fees. The total in-lieu fee shall be
calculated by mUltiplying the required number of inclusionary
units (including exact fractions of a unit) by the per-unit in-
lieu fee.
(c) At the option of the applicant, in-lieu participation
fees may be paid from sales proceeds as received, or in full at
the sooner of
1) the sale of the last unit or lot; or
2) the end of 24 months after approval of the develop-
ment, or after recordation of the final map, in the
case of a subdivision.
7
The in-lieu fees shall constitute a lien on the property. The
recorded lien notice shall include a provision for foreclosure
under power of sale in case of default.
Section 11. Availability of qovernment subsidies. It is
the intent of this Ordinance that the requirements of inclusion-
ary units shall not be determined by the availability of govern-
ment subsidies, nor preclude the use of such programs and
subsidies.
Section 12. Densi ty bonus. To avoid any undue economic
burden or cost to an applicant required to provide inclusionary
units or in-lieu participation fees pursuant to this Ordinance,
the Town shall favorably consider an increase in density up to
ten percent in the proposed development, provided that any
density bonus granted does not conflict with the provisions of
the Town's general plan, or exceed the maximum density permitted
in the applicable zoning district. Granting of a density bonus
shall be based on a project-by-project analysis and determination
that such an increase in density will not be detrimental to the
public health, safety and/or welfare.
Section 13. Fee waiver for inclusionary units. To encour-
age the provision of low and moderate income units, the Town may
waive certain development fees applicable to the inclusionary
units of a proposed development.
Section 14. Appeals. Any person aggrieved by the denial,
suspension or revocation of a building or occupancy permit or
other development approval on the basis of the requirements of
this Ordinance, may appeal such action or determination to the
Planning Commission, with further appeal to the Town Council.
Section 15. Separability. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the 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, and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that anyone
or more other sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
Section 16. Effective Date. This ordinance shall be and is
hereby declared to be in full force and effect as of thirty days
from and after the date of its passage and shall be published
once before the expiration of fifteen days after its passage,
with the names of the Councilmembers voting for and against the
same, in a newspaper of general circulation published in the Town
of Tiburon.
8
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 16, 1988, by the following
vote:
AYES:
COUNCILMEMBERS: Coxhead, Mayberry and
Mayor Duke
NOES:
COUNCILMEMBERS: Shaw
ABSENT:
COUNCILMEMBERS: Logan
~"",..~---_/
'_._-'-~. ,,'
-- -, /
~-_/- . ~/
LAWRENC . DUKE,
Town of Tiburon
ATTEId1~
R. L. KLEINERT, TOWN MANAGER/CLERK
9
14-0ct-88
EXHIBIT A
(sample for illustration)
TOWN OF TIBURON IN LIEU FEE CALCULATION
1. COST TO CONSTRUCT A MODEST SINGLE FAMILY RESIDENCE 0 1500 SQ.FT.
ASSUMPTIONS
A. Land and Site Development as determined by the
Tiburon Planning Director.
$60,000
B. Construction cost @ $85 per square foot
as determined by the Tiburon Building Official
$127,500
C. TOTAL CONSTRUCTION COST
$187,500
----------
----------
2. MODERATE INCOME PURCHASE PRICE AFFORDABILITY CALCULATION
ASSUMPTIONS
FOUR PERSON HOUSEHOLD
MEDIAN INCOME
$39,800
----------
----------
10.50% mortgage interest rate
(
90.00% loan to value ratio
10% down payment
33% of income for tptal housing expense
26% of income for mortgage payment
Mortgage Loan
payment amount
Property
taxes
Homeowners
Dues
Total
monthly Down
payment payment
$862 $93,623
$108
$120
$1,091 $10,403
MAXIMUM AFFORDABLE PURCHASE PRICE
$104,025
: i
3. IN LIEU FEE CALCULATION
----------
----------
1. Total d6nstruction Cost
$187,500
$104,025
2. Affordable purchase price
3. IN LIEU FEE PAYMENT (1 - 2 )
$83,475
----------
----------
(.
~
ORDINANCE NO. 338 N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
APPLICATION FOR AMENDMENT TO THE AGINS MASTER PLAN
BE IT ORDAINED by the Town Council of the Town of
Tiburon as follows:
Section 1. Findings.
A. Applicants, Donald and Bonnie Agins, have
heretofore submitted a Master Plan to develop a parcel of
approximately 5.1 acres of land bordering Gilmartin Drive in
the Town of Tiburon. The Master Plan as originally
submitted by applicants proposed a total of 4 lots on the
site. The Master Plan was approved for a total of 3 lots on
the site by the Town Council in Ordinance No. 245 N.S.,
adopted on June 17, 1981. The Master Plan was subsequently
amended by the Town Council in Ordinance No. 273 N.S.,
adopted on August 3, 1983.
B. In connection with approval of Ordinance No. 245
N.S., applicants also submitted an application to subdivide
their property into 3 lots. That application and a Precise
Plan and Tentative Map for the Agins subdivision was
approved by the Town Council on November 18, 1981, by
adoptiqn of Resolution No. 1186. The Precise Plan
thereafter was modified by the Town Council on August 3,
1983, by adoption of Resolution No. 2154.
C. Applicants have now submitted an application
requesting certain modifications to conditions of approval
with respect to said Master Plan which would permit the
development of a total of 4 residential lots on the property
covered by the original approved Master Plan. Applicants
have also submitted an application to subdivide Lots I and 3
of their property (as shown on the original Subdivision Map
approved in Resolution No. 1186) into 3 lots which, if
approved as proposed, would create a total of 4 lots on the
property which is subject to the original approved Master
Plan. The purpose and effect of the applications to modify
the Master Plan and to subdivide Lots 1 and 3 is to approve
on the Agins property substantially the same project that
applicants originally proposed when they first submitted
their Master Plan for the property.
D. An Environmental Impact Report (EIR) was prepared
in November of 1980 for the Agins and Del Madera
developments, and such EIR was carefully reviewed by the
Planning Commission and Town Council and certified by the
Town. The project presently proposed by applicants is
substantially the same as the project reviewed in the EIR.
Any changes in the presently proposed project from that
which was studied in the EIR are minor and will not require
any major revisions to the EIR. The Town Council has also
been provided with a letter from a professional botanist
confirming that botanical resources on the site are
substantially the same as those existing when the EIR was
prepared.
2
E. Planning staff, the Planning Commission and the
Town Council have studied the EIR and applicants'
application for modification of the conditions of approval
to the Master Plan, and have determined that the EIR
adequately and substantially addresses all potential
environmental impacts of the proposed development. There is
no evidence that substantial changes have occurred with
respect to the circumstances under which the project is
being undertaken which require major revision to the EIR,
nor has any new information become available since the EIR
was certified as complete which would require substantial
revision to the EIR as it relates to the subject property.
F. The Planning Commission held a duly noticed public
hearing on October 12, 1988, for the purpose of reviewing
the requested modifications to the Master Plan and receiving
comments and recommendations from the public in connection
therewith. The Commission recommended approval of the
modifications.
G. Based upon the foregoing findings and all
information gathered from the application and the public
hearings conducted by the Planning Commission and the Town
Council in connection with said application, the Town
Council hereby approves the requested modifications to the
Master Plan.
3
Section 2. Approval.
NOW, THEREFORE, BE IT ORDAINED that the Town Council
hereby approves the fOllowing modifications to the
originally approved Master Plan, as such Master Plan was
modified in Ordinance No. 273 N.S.:
1. Notwithstanding anything to the contrary in
Ordinance No. 245 N.S. or Ordinance No. 273 N.S.,
development shall not exceed four (4) homesites. Clustering
of units shall not be required.
2. Height of improvements on all lots on the property
subject to the Master Plan, other than the lot identified as
Lot 2 on the original Subdivision Map approved in Resolution
No. 1186, shall be limited only as set forth in the Tiburon
zoning ordinance current as of October 15, 1985.
3. All approvals and conditions of approval set forth
in Ordinance No. 245 N.S. and Ordinance No. 273 N.S. shall
remain unmodified and in full force and effect except to the
extent inconsistent with this ordinance or any other
ordinance adopted by the Town for the purpose of approving
this modification to the Master Plan, and all such approvals
and conditions of approval shall be deemed incorporated
herein by reference except to the extent inconsistent with
this ordinance, such other ordinance or any conditions of
approval set forth herein.
III
III
4
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon held on November 16, 1988, by
the following vote:
AYES: Councilmembers: Coxhead, Shaw, and
Mayor Duke
NOES: Councilmembers: Mayberry
ABSTENTIONS: Councilmembers: None
ABSENT: Councilmembers: Logan
"'-/
(~';....,~.~-<:.---'
R. L. KLEINERT,
TOWN OF TIBURON
5
E:PL&D.TIB
ORDINAC
AGBX 1.1
12/15/88
ORDINANCE NO. 337 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING SECTION 20-1
OF ARTICLE I OF THE TIBURON TOWN CODE
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TIBURON AS FOLLOWS:
Section 1. Place of Town Council Meetings.
"The regular meetings of the Town Council shall be held
in Room No. 5 of the Del Mar School, 105 Avenida Miraflores,
Tiburon, California."
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on October 19, 1988 by
the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
,~ . -.....,..-,.... ,;
.---,,/.', ~ ~~ ---
.. /<~-
, ,;,.;,'" " :7. ~
LAWRENCE/J. DUKE, MAYOR
Town 6r/Tiburon
ATTEST:
R. L. KLEINERT, TOWN MANAGER/CLERK
ORDINANCE NO. 336 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON
AMENDING TITLE 6, CHAPTER 13 OF THE TIBURON
MUNICIPAL CODE TO REGULATE THE USE OF THE
MULTI-USE PATH
BE IT ORDAINED by the Town Council of the Town of Tiburon
as follows:
Section 1.
Amendment.
Title 6, Chapter 23, Section 23-2, subsection 13.5, of the
Tiburon Municipal Code shall be amended as follows:
"section 13.5.
Vehicles Prohibited on Multi-
Use Path.
No person shall operate or drive any motorized
vehicle upon any portion of that certain multi-use
path owned by the Town of Tiburon, and formerly the
Northwestern Pacific Railroad Company right-of-way,
more particularly described in those certain deeds
conveying the said property to the Town of Tiburon,
recorded in Book 2426, Page 99, and Book 2429, Page
428, of the Official Records of Marin County, nor
shall the same be permitted on any extension of said
multi-use path; provided, however, that the prohibi-
tion expressed herein shall not apply to Town of
Tiburon official vehicles, or to emergency vehicles,
operated by public employees, or to other vehicles
used for the purpose of protecting life or property.
A violation of this Section shall be an infraction."
Section 2.
Amendment.
Title 6, Chapter 23 section 23.2, of the Tiburon Municipal
Code, is hereby amended by adding Section 13.5.1 as follows:
"section 13.5.1.
Use of Vehicles on Multi-Use
Path.
(a) Permitted Vehicles and Devices. The fol-
lowing uses shall be permitted only on the asphalt
concrete portion of that certain multi-use path
owned by the Town of Tiburon, and formerly the
Northwestern Pacific Railroad Company right-of-way,
more particularly described in those certain deeds
conveying the said property to the Town of Tiburon,
recorded in Book 2426, Page 99, and Book 2429, Page
428, of the Official Records of Marin County:
-1-
names of the Councilmembers voting for and against the same,
in a newspaper of general circulation published in the Town of
Tiburon.
PASSED AND ADOPTED at a regular meeting
council of the Town of Tiburon on October 5,
following vote:
of the Town
1988, by the
AYES:
COUNCILMEMBERS:
Duke, Coxhead, Logan,
Mayberry, Shaw
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
ATTEST:
/&J~
R. L. KLEINERT, TOWN MANAGER/CLERK
-4-
ORDIN1~CE NO. 335 N.S.
AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING SECTION 14 OF THE
TIBURON TOWN CODE PERTAINING TO SUBDIVISIONS OF LAND
The Town Council of the Town of Tiburon does hereby ordain
as follows:
1. Amendment. Section 14-35 of the Tiburon Town Code, as
follows, is hereby deleted:
Section 14-35. Approval by Planning Commission.
Upon receipt of the final map of a subdivision and
other data submitted therewith, the city clerk shall refer
such map and data to the planning commission who shall
examine them to determine the following:
a) That the subdivision as shown complies with any
changes or alterations designated by the planning commission
on the tentative map.
b) That any other conditions recommended by the
planning commission as conditions for approval of the
tentative map have been complied with.
2. Findings. This Ordinance is an urgency ordinance for
immediate preservation of the public health and safety
within the meaning of Government Code Section 36937 and
shall go into effect immediately. The facts constituting
such necessity are: As a consequence of revisions to the
State Subdivision Map Act Sections 66442 and 66458, the
potential exists for automatic approval of final maps
without appropriate review by the Town Council.
Consequently, the Town's dual requirement of final map
review by both the Planning Commission and Town Council
could result in exceeding state-mandated time limits for
action on final map applications and result in automatic
approval of final map applications by operation of law. To
avoid such situations, it is necessary that this ordinance
take effect immediately.
3. Separability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by the 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, and each section,
subsection, sentence, clause or phrase thereof, irrespective
of the fact that anyone or more sections, subsections,
sentence, clauses or phrases may be declared invalid or
unconstitutional.
4. Publication. Before the expiration of fifteen days
after the adoption of this ordinance, the same 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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon, held on September 21, 1988,
by the following vote:
AYES: COUNCILMEMBER: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: None
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-'." . .-
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--X. "~-~'. -----../ __
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
TOWN MANAGER/CLERK
R.