HomeMy WebLinkAboutTC Ord 1986 - 1987
ORDINANCE NO. 326 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
TOWN OF TIBURON AMENDING CERTAIN SECTIONS OF
CHAPTER 13 OF THE TIBURON MUNICIPAL CODE
RELATIVE TO THE ADOPTION BY REFERENCE OF THE
1985 EDITIONS OF THE UNIFORM BUILDING CODE,
THE 1985 BUILDING STANDARDS, THE 1985 UNIFORM
MECHANICAL CODE, THE 1985 UNIFORM PLUMBING
CODE THE 1985 UNIFORM ADMINISTRATIVE CODE, THE
1985 UNIFORM FIRE CODE, THE TIBURON AND ALTO
FIRE DEPARTMENT ORDINANCES, AND THE 1987
NATIONAL ELECTRICAL CODE
BE IT ORDAINED BY THE TOWN OF TIBURON AS FOLLOWS:
Section 1. Amendment. Section 13-12 of the Tiburon
Municipal Code is hereby amended to read as follows:
"13-12 Building Code. The building code of the Town of
Tiburon shall be the Uniform Building Code, 1985 edition,
the appendices thereof (except as otherwise provided
herein), and the Uniform Building Code Standards, 1985
edition, published by the International Conference of
Building Officials, on file in the office of the Town Clerk
of the Town of Tiburon which said documents are hereby
referred to, adopted and made a part hereof as if fully set
forth herein, subject, however, to the following exceptions:
1. Section 204 is deleted
2. Section 301 (b), 1, 2, 3, 5, 6, 7, 9, 10 & 11
are deleted.
3. Section 303 (d) is amended to read:
"Every permit issued by the Building Official under
the provisions of this code shall expire 180 days
after date of issue. Before such work can be
recommenced, a new permit shall be obtained, and
the fee therefor shall be one half the amount
required for a new permit for such work, provided
no changes have been made, or will be made, in the
original plans and specifications for such work and
provided further that such renewed permit is
attained within one year of the date of expiration
of the prior permit. In order to renew action on a
permit after expiration, the permittee shall pay a
new full permit fee.
Any permittee holding an unexpired permit may apply
for an extension when he is unable to complete work
within the time required by this section. The
Building Official may grant an extension for a
period not exceeding 180 days if a written request
is submitted by the applicant, showing
circumstances beyond the control of the permittee,
prior to expiration. No permit may be extended
more than once."
4.1 Section 513 of the Uniform Building Code is amended to
read as follows:
THE FOLLOWING STANDARDS FOR ADDRESS MARKINGS SHALL APPLY TO
RESIDENTIAL BUILDINGS:
"a. All residential structures shall display a street
number in a prominent position so that it shall be
easily visible from the street. The numerals in
these numbers shall be no less than four inches in
height, and one-half inch in width, of a color
contrasting to the background and located so they
may be clearly seen and read. If a building is not
easily visible from the street, then the numbers
are to be mounted at the access drive leading to
the building.
b. At each vehicular access to a multiple family
dwelling complex having four or more buildings,
there shall be an illuminated diagrammatic
representation (plot plan) of the complex which
shows the location of the viewer and the building
units within the complex.
c. In multiple family dwelling complexes, any building
having a separate identifying factor other than the
street number shall be clearly identified in the
manner described in subsection 4(a). Each
individual unit of residence shall have a unit
identifying number, letter or combination thereof
displayed upon the door.
d. Maps of the multiple family complex will be
furnished to the police and fire departments upon
completion of construction. The maps shall include
building identification and unit identification.
e. Buildings shall be numbered in such a manner and
sequence as to meet with the approval of the
enforcing authority.
f. This section shall not prevent supplementary
numbering such as reflective numbers on street
curbs or decorative numbering, but this shall be
considered supplemental only and shall not satisfy
the requirements of this section."
THE FOLLOWING STANDARDS FOR ADDRESS MARKINGS SHALL APPLY TO
COMMERCIAL BUILDINGS:
"4.2 a. The address number of every commercial
building shall be located and displayed so that it
shall be easily visible from the street. The numerals
in these numbers shall be no less than six inches in
height, one-half inches in width, and of a color
contrasting to the background. In addition, any
business which affords vehicular access to the rear
through any driveway, alleyway, or parking lot shall
also display the same numbers on the rear of the
building."
The Appendix of the Uniform Building Code is hereby
adopted with the following exceptions: Chapters 1 and 23."
Section 1205 is amended by adding Section 1205 (c) to
read as follows:
"1205 (c). Every dwelling unit shall be provided with
all necessary and appropriate utility hook-ups,
including, without limitation, water, sewer,
electricity, natural gas, and shall be eligible for
service for all such utilities from the supplying
agencies."
SECTION 2. AMENDMENT. Section 13-2 of the Tiburon
Municipal Code is hereby amended to read as follows:
"13.2. Same Fees. Before any permit required by this
Chapter is issued, the applicant shall pay to the
Building Official the prescribed fee. If any work
which requires a permit is commenced without a permit
having first been obtained, the fee for the required
permit shall be four (4) times the usual fee. For such
permit said fee shall be in addition to such criminal
penalties as may be imposed for violations of this
Chapter.
The fees for the following permits shall be as
established from time to time by Resolution of the Town
Council.
1. Building
2. Plan Review
3. Excavation and Grading
4. Plumbing
5. Mechanical
6. Electrical
7. Hot Tub and/or Jacuzzi
8. Swimming Pool
9. Special Fees."
SECTION 3. AMENDMENT. Section 13-3 of the Tiburon
Municipal Code is hereby amended to read as follows:
"13-3 Same Investigative Fee. Where it is found that
work is being done under this Chapter without a permit
therefor, and further that such work would under the
terms of this Chapter require a permit, there shall be
charged an Investigative Fee of fifty ($50.00) dollars.
The Investigative Fee shall be in addition to all other
fees and penalties as elsewhere set forth in this
Chapter and shall be paid before any application for
permit shall be considered."
SECTION 4. AMENDMENT. Section 13-8 of the Tiburon
Municipal Code is hereby amended to read as follows:
"13-8. Special Inspections. Where more than one
reinspection of any item requiring inspection has to be
made because work has not been ready, or defects have
not been corrected, a fee of twenty-five ($25.00)
dollars will be charged for each additional
reinspection, and shall be paid before final approval
of the work."
SECTION 5. AMENDMENT. Section 13-13 of the Tiburon
Municipal Code is hereby amended to read as follows:
"13-13. Plumbing Code. The Plumbing Code of the Town
of Tiburon shall be the Uniform Plumbing Code, 1985
Edition, including appendices, as published by the
International Association of Plumbing and Mechanical
Officials, which said documents are hereby referred to,
adopted and made part hereof as if fully set forth
herein, subject, however, to the following exceptions:
1. Part I, Section 20.7 Schedule of Fees is deleted.
2. Section 401(a)(2) shall be amended to read as
follows:
ABS and DWV plplng installation shall be limited to
residential construction not more than two stories
in height.
3. Section 503(a)(2) shall be amended to read the same
as 402(a)(2).
4. Section 707 shall be amended to read as follows:
Floor drain or similar traps directly connected to
the drainage system and subject to infrequent use
shall be provided with an approved automatic trap
priming system.
5. Section 910 shall be amended to read as follows:
Each building shall be provided with sanitary
facilities as prescribed by Appendix C of this
Code.
SECTION 6. AMENDMENT. Section 13-14 of the Tiburon
Municipal Code is hereby amended to read as follows:
"13-14". Electrical Code. The Electrical Code of the
Town shall be the National Electrical Code, 1987
edition as published by the National Fire Prevention
Association, which Code is hereby referred to, adopted
and made a part hereof as if fully set forth herein."
SECTION 7. AMENDMENT. Section 13-15 of the Tiburon
Municipal Code is hereby amended to read as follows:
"13-15. Fire Prevention Code. The Fire Prevention
Code of the Town shall be the Uniform Fire Code, 1985
Edition, ass published jointly by the International
Conference of Building Officials and the Western Fire
Chiefs Association, and the Tiburon and Alto Fire
District Ordinances which Code and Ordinances are
hereby referred to, adopted and made a part hereof as
if fully set forth herein."
SECTION 8. AMENDMENT. Section 13-17 of the Tiburon
Municipal Code is hereby amended to read as follows:
"13-17. Mechanical Code. The Mechanical Code of the
Town of Tiburon shall be the Uniform Mechanical Code,
1985 Edition, as published by the International
Conference of Building Officials, subject, however, to
the following exception:
1. Table No. 3-A - "Mechanical Permit Fees" is
deleted.
Section 9. 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 10. 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 October 7, 1987 by the
following vote:
AYES:
COUNCILMEMBERS: Wilson, Duke, Mayberry,
Coxhead
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
OJ.. D.~
STONE D. COXHEAD, MAYOR
ATTEST:
SECTION III. De:ti:LLtlcn::: ana. abb~-evia:::ions. 'vlhereT;-=:r ~ll::V appear in
Ordinance No. 11. unless o~herwise provided, the ~D~~owing words shall
have Lhe meaning':; a:3cribed. to them in this section:
(a) .. JURISDICTIOli~ means the Ai tc- Richard'=:::1 Bay Fire
Protection District.
i.b) -ATTORNE\"' mear1S the attcrr..ey tor the Alto-Richa!'dson
Bay Fire Pr~~ection Dist~ict or the Distr~ct Attorney
for the COl..:n-:y for JIf..arin
(c) · CH.I Elf" Dr .. FIRE CH IEF" !:.ea ns t ne :Fi !-;; Cr.'li ei at T. he
Al:o-Richarison Bay Fire ?rctection ~istrict.
(dj "BOARD OF DIRECTORS" :mearlS ~b-= Boa!-'J. ~i Dir2,:t~rs of
the Alto-Richardson Bay Fire Protec:::icn Di~trict.
(e) -DEPARTlffi.lrr- means a~l mer:bers of tbe A1 ~o-RiCl1a.~-r::scm
Bay Fire Pro~ec~ion District.
(f) "FIRE PREVEITION OFFICER" mea:1S the F:.re P~evl?n"::ion
Oificer ot ~he Al~o-Richard~on Bay F~re Prote2t1on
D:strict.
<g) "DNIFORX FIRE CODE" mearj,-= t,ne ::lo-=t ct.:rren~ ec.i tion ::::1
~he Uniform Fire Code, published by ~te I~:ernational
Conference of BL:ilding O!::cials and Western Fire Chi;~:s
Association and a~~nded a~c adapted jy ~he Board of
Di~-e.:tors c: "t:-.e Al to-Ricnar::'3cn Bay ?ire h-':J:e.:tiGn
District.
<.b.) "UJlHFORM. BUILDIl,IG CODE" rr:e'::Hl'= 'ttle ::n':::: C'..:rn?:".'": '.::d:~i:'~_ :'I
~he Uniform Suilding CO~~I F~~liEbe~ jy t~e Inter~a:::~al
Cc~t2rence of Building O!!icials.
(i) .. ISO" ~ean~ Lbe Ins'..lrance Se!-\Tice Of::,:e
(j) "lLf.P.A." !!leans the Nationa.:. Fi!-e F:-:tecticn A-=SO:i3-:~cn,
(k) ".M.A.~.l).. !!lea.r;'::;: ~.:.>? Ma:~~1 Jtl~'...::-;:i::I='::- Wo..-:00~ ::is't:"~,:t.
.~
\1) "XULTI-FAlOLY DWELLING" :=.-~::.~]. :ne:=:n5.:.ybu:.:.ding, or
portioll the~~oi, cDn~31LiES t~o or =cre awe~11ng ~nits.
Thi::; sh.:3l.~ i:l<:~u:ie. bu:: n=~ be lj~:-e'::::. to, d1jFl,?x,
apartment bDL:=e, ilo'1:, co~:io:::.:.nium, ter.er:,::n~ .b.o~se,
townhouse, dor~itary, convent, g~es~ house, bed and
breakfast i~n, retire~e~t center ar..~ cOQP~ratives.
(m) · REASONABLE WORKIRG DISTAlCEn shall mean ~::i= d: stanGe
from the adequate water supply ani shall be deemed not
to ex~eed 350 feet in residential applica~icr.2 and
~50 feet from cQ~~8rci~l developments.
(n) -DEVELOPER" shall mean the Qi-l:ler or- other per~lJn! firm
or corporation. public or private, respan~iol~ fer the
development or the land or project in que~~ion.
(e) "SECOND UNIT" Ehall Ie3~ ~~ 3t~ached or ~~~s~jed
additiG::al l:w'?~~:ir;8 unit c:: a slI:gle :rami':...'] ~Q: w..-:ich
provi~es complete inde?e~~ent living fasl~:ties ~~d wh!ch
has a kitchen/cooking, sleering and sanitatioL ia:i:ities
on the same parcel .3_:::' the pr imary u ni t.
{pi "Su~STAB'TIAL REXODEL- s~a~l mean wh~n the In~eri0~ floor
area of a builciug to be re:r:::Jdeled incluc.:L.g a;;y .=.j,'}:;. tion
to the building, exceed r~ENIY FIVE PERCE~T of t~e
existing floor area of the building. prior tc r~==~~l, it
shall be c.Eter-l:ined a "SI.:E.:TA!lTIAI.. R=:XODE~-,If a:Jd 5.': su~.:h
comply with all sectioTI= a: this coc~ for new
cC:lstruction.
(q> "SIIGLE FAM.ILY DVELLLING" snail mearl any buildins WblCh
contains not M(JRE THAN ONE II DV/ELLING UNIT" inter..:e::1 to be
used, rented. l'~3.:3ed, let Dr ~ire out to be oc.::-up: ,=d. or
which are occ~pied for ha0i~a~ion p~rpcse3.
SECTION IV.
AY~ Ij::I~~=NT;:;.
The !ollowir.2 are ::ec:ic;:;: or Sl!::':':'\"'~=:c:-.s of
the Uniform Fi~e Code as abo~9 ae}ine3tea wb:~~ a~e ~ere~y to ~ead as
below s~t for:~:
SECTION 10.20'l <.a) ACcESS ROADWAY }<t)R FIRE APPARATUS. E\?:=::.-'! .::-::-uc~'_::-e
he~e3f~e~ co~~~~~:tej shall be access~tle ior Fi~~ Depar~~2n~ Apparatus
by a pub~ic 3tr~et ~~less accessible ty a private road or ~r:veway
capable 0: ,=,up?crting all tire apparat'Js and me(!-t:ing the !oilQh'iI1g
standards: '
(1) A~ all-weather driving surface oi no~ le~2 tta~ 20
teet 01 unobE~ruc~ed wiath; or
(2) A~ a~l-weather drivinz surface of n~t less ~h5n
~~. I"G;?: 0: ur_='t)st!-~{:.tc:.i ~:-i(:t.rl (O;on.talning :.Ll."ll-lJuts
€:~:ery ,3 C) fe-=-= me3.Sl:!" i HZ ;j !?et i r.:. ',..,ridth by 5'~' feet
i~~ le::gth.
(;3\ 1'1. verti(.al C_2arance 011:3 fe,?t \] iucne,=:. (1:3'\)11)
above the fi~ished street, roaa or driveway s~~face.
~4) T~e grade 01 ~he surface shall be no greater than
~j~ at any given point.
<.5) D.:;ad-'2:;.j Fir€: Departmen"t a.:::ce:3:3 roa~s in e:'(,2'3:3,
ci lOCI shall be provi~ed wi~n approved turn-
:l ~- :JU nGs .
(6) ~ul-ae-sacs sha~l have a minimum of 301
unobs~ructe~ turning radius for the "turning around
Q: Fi re Department appay-atus.
ElH.lLJillAJ2 GAT ES L T::: e
f- ~. ~ :.::. ~
.,.,,'" .-
.........J
recu:..y-e
..
:i. n2. t. a l. 15: i O:j
o!~
on(~
cr :r:ore :::.~-e S3.":e':: <,as se--:: forth in :1i'': ~:e(:'-::,i,=,:;" a:~'-: -=,,~"='ur(?~y loc'::: t..::.e
same -:0 pY'ev':?y~~ tht: u,=,e :-y un::'.;:-:ncri::etJ. perscn=~- ::"::~-:=:':::'~ ::r: a.ny reB.a
that is nat a ?:...:~l:,: higt:,.;3.Y 3.n'J. over which 'th~ ~:~-e Depar::ment h3.:=:, tte
ris~"': LO pas':: i\'je--::~le~- by ,::,::::'~:rr:er:1:, license, mu:-.::.::~)a'~ ovtw:~r'3hip O~
ot:r;e~wi'3e, ic:- :::'= r'~rFos-=-= r.~'l5~:n8 to iire Fr'-::'\'~:<::.=,n ,:)I' '::~Jntrol, 0:-
prc..',v~rie;:::. S\LL :::':"'::::-.:: .:::c: :.=t F~-=-::.:~de t::e a!j~[,:.:.:...:-=,~: ''':::':'=-:': -=:!~ '3L.:::'. 1":3.<1
Q ~ ~ r- a i ~ :: r c. ::. \..J ~=~.. -:: : :::-:€ .
\
SECT lOti 10.305 FIRE EXT I ~GO T SBF.i{S 11: iJ A !it{ 1 NG AR1:'.!~._
1 \ ~,-:
~-'..: ' -,-.::- ~ "-1 ~= h :. , -:
l-.._.-'_.....~ '--......~..L..
operate any lo~. parc~l of land or F~eI:3es w~ere -~~e2 O~ =cre vehicles
are stored, kep:, or par}:ed, whe-:her a ':20.:82 be !!:.5:::e for '='Jcb. .?a:rking
or not, without keeFi~g a fire ex~in2~i~her, approved DY ~he Chief, on
h~~d at all times.
SECT ION 10.307 (e) S1tOK!i_llE:JEC1':Qf~ l~ c :=::':' ng ~ e f a::: ~ y '::\-;2.1..l.::" Lg or mu 1 :: i-
family occupancy sha~l be sold or rented without prGViS~8n for the
installation of approved smoke detectors.
Insta~la~ic~ snall b2 in
3(:i:ordance with Section 1210 of ~he 1985 :~n~f=rm Su~l~~irlg a~a N'~I~.A.
Sta:-i,ia~~d No. 74.
SEeTIO! 10.308 AUTO)l4,:fTC SPRIB1U.ER SYSTEllli. (a) F.E Autcma.::ic Fire
Sprinkler System sha~l be installe~ ~n~=ugbcut all newlY cC~3tr~cted or
E,u.:)~=,~3.r~"tlal re:nolielf2~i bui~di!13S 't"r: thil1 :.n'~ Iin:!. t~, of -i::i1~ f....l tQ-F~~l:~iar-dson
Bav Fire Prctection ~istrict.
(b) Approved residential fire sprink~e~ sysTeEs ~hail be
installed in all newly created secon~ units.
(e) Sp!~1nk2.er In;:::,talla:iol1 anti Y..ain-:eY"l&I:.:::e.
1. In buildings or areas of buildinsz to~SiLg
occ~pancies w~~h h~gb valu~, LC~~Clt~:~5t~jle
co~tents, hiE~:Y susc0p:~b19 to wat0~ da~~ge.
s,u c. t aE. i:O!DF'U t 21- r o (J:n.s , au --: C1!!L3",: i {:~
sF~-:.nkler systerrs may t,,=, omir:tec. witll ~lJe
app~oval of the Ch1e!. :hose Du~ldlngs ~r
pa:-t=,. of build:ngs tcr whicb the autorr:3.:~;':
sF~-~:"..:-:ler s~fs:e::T !-e';,-;2..-re:ne:1t :i'~
wa~?ed ?urs~a~t :0 this sub3ec~ian sha__ ~e
eq'_:'FTY~d w:tLJ a I~reie:-e,=-t~~r. ,::;:- e:.:ti:',~,..: :::.::i::g
sY.=:~:~ ::]1' a t~.~~~:: ::i:>: a;'~~:-c:\}~: .:'r~~=_ ....
. .,..
lr_=~~...l..?(~ :i~~. -=--.::~:::~!~~j:...:;? 'v;:"'~~ ::.~ :.t: __~--:.'="~::.~=
o! --: :-:.:.-
-.... ~ ~..f
__...l..... '=_ .
II \ Fire roaa ga~es within the Dist~ict shall be welaed
steel, and detailed specifications ore on file at
the District's Headq~arters Station and will be made
available by request.
(2) larepering with fire gates, etc. - No pe~scn or persoLs,
except those authorized by tte Chief, shall remo~e,
unlock. d.est!""oy. ta.n:pe!-. \-f~ th C~-. othel-\";ise :mo2..est ill a~;.y
manner any lock, ga~e, barrlca~e, chain,
enclosure, sign, t~3 or seal w~ich has been lawfully
installed. by the F:re Departm'?::-~'t or by its order or
under its control.
SECTION 10.301 (a) TYPE REQUIRED, The Chief shall d.e'~i8n3.-:e the tYFe and
number of fire appl:..arr,:e'= to be i:~L;talled anI:' rr6~nt.3,:.ne:.:. :'!1 and upon all
buildings and premises in the j~r:..sdiction.
This shall be done in
accordance with t~e relative sev~rity of prcbable fire, 1~cluding the
rapidity with which it may sprea~. Such appliar;ces sha~~ be of a type
suitable tor the probable class of fire 3ssociated with s~ch build~~g or
premises and shall have approva2 of the C~ief.
Portable fire extln~u15h2rs shall __ in aCCC~Qance with N.F~P.A.
Standard No. 10-1.
SECTION 10.301 (b) SPECIAL HAZ1\..RDS-,--
o,:c~panl:~e~ of aL especially
ha.zal-:ic~.== 'rla:J1-e Q~" rl~e:re sF!e::':la.l 11a2a.l".2.:=. e}-::st:=.-~ =~- \~t=re emerger:c:)'
access for fire apparatus is und~~y d1!ficu~~, a~?rovet ~n-site fire
proteC::Oi. sys:-::In'= ::'3,:: be prov:::e(:3.s req.....::r~j ty the Cb.:ef.
SE~~'T I O~ 11 ~ 111 :=~.f} ~~RK ~~I(EE~4illS .
~ve~v inci]ler~:or
a~Q r:reDiace Sh~ll
.i.
1
b,? equipped aLd maintained wi ~b. a spark arre:=ter con:3-:ructed or :ron
mesn of'enings not larger tta:'~ oLe--.ts.l.i \1/2") i.nch.
SEeTIOl 77.106 (b) (ARTICLE 77) STORAGE OF EXPLOSIVE BLASTIBG AGENTS,
Storage of explosive and blasting agents is probibi~ed.
EXEMFTICN:
iDlE prohib1tlo~ shall not apply to wholesale
and retail stock ci '3ma~1 arms aThl:li'-:liit1on,
explosive bolts, explosive rivits or cartriiges
involving less than 200 FO~Lds of e~p:osive
JtatEr1al.
SECTION 79.402
.l ~a...:.l=-
=::1a.11 t...2
Su "t!rr.: :: t e:J.
wi!~ each application fo~ a
permit to store more than 550 gallons of flammable or comt~stible
liquids in drums or tanks.
SECTION 79.901 (a) SERVICE STAT lOBS.
A permit shall be ~eQuire\i to
c.ispense a.nd. storE fla:m:nable and comDustitJle liquids sL:bje,::t::. tQ ~3'.1ch
cO:ldi t iCIl':3 that tbe Fire Chief may impose.
APPETDIX IIA EXTERIOR FIRE SPREAD CO!TRO~
- )
All hazardc~s i~el
(de:: i 112::'
.... - -
as t l.ammat'ie
~:.re6r~~~ 3. -:! c!r~
co IT; [, t2 ~ -:: ~ c leg r 0 Wi: tl) E h 311 bE- c; 1 ear e d : n a t b i r 7.. y < 3 U I
foc! area arou~d each strccture or up tc tbe prGp2~:Y
iir.e and r-ep~aci=d with a lo'.-{ fire spr~3.'~, e','''='~'3:;e;::'n
grc'..lnd I::-~ver. ~his se:tiiJ~ does not app_y t.::; ':::ingle
sFe(::imen'~, of i:r-ees, cr:la~.::~t~l strl.ibbe.:-y oy- .::1":~ tiv~"':ed
gr-ound such as z.:-een gra3s or succulen: plaL~s us~i
as gr:::n.;:d, cover.
<-(2) Pricl- t:: ::t'.e is:=u.:1:"~ce cf any deve:op:E:::-:: pe~-r:::.. -= tr.:'~
fire t3zar~ ?re~ented by the relationsh::..? o~ tree~
to ar..y -=.::-:...!!:~L:-~- ~3.::a~~ .;:112 ~~la.~~a~€',:: i~~ +:~~:~~.: 'J:~ t.:-:~
!~!'-= ~.::-5~-:' l-:.--.?-=~::-=-.~ -....::-"}- -~: .c.y !he F~:--.=~ .~rj'.'?~ I~~. :.;:'..:=
re?~-~:~,.=-:--.~~-;-:t,,'1e. l~~ 3:-.",~ <:t~f~= t~~'e ~-'!-:-;;:"'-~'=:: .'.'."._ ::...~
k,-:.~- ...._q :7-:~~ 3v..::'\~ ~)-!:'!!". ~::.:-~??..:.a-'~. -..-"'r"'-
13' When hazardous fuel e~is~s less t~3~ :~ir~y (30) feet
from any struc~u~e! tte Fire Ct~~~ sh3_1 evaluate the
hazard and !Il&Y req'..:~re non-cc:r:::..:,=tib~e 'siding, exterior
sprinkler or o~her methods of ?!Q~e(:ion wnich will
reduce the risk 01 iire spreac.
(4) When the average ground slope en any side of a
structure exceeds 15%, a three .31) foo~ wide hard
surface pat~ shall be provided ior fire fighting access.
When the slope ex,:eeds 30%, ha~d suriaced steps sta:l be
installed in accordance witt ~j~ prGv:sions of ~he 1niform
Building Cede shall be provided.
SECTIOii V.
A.DniTI~
Ihe :t 0.1.1 owi ng see t l=:, :::
te~- eoy ad'i.=.:
;.. l....i.1';':
Uniform Fire Code, 1985 2dition:
SECTION 10.301 (f) No new~y construc~ed b~i~~ing s2~:l be occupied
unl~ss it is provided with an adequate wa~er SUPF-j as required by ttis
Sec:ion.
SECT ION- 10.301 <g) All buildings which have inst2:__2':1 therein an
auto~t:c fire alarm system. autorr3Lic f:re spr:~~le~ sys~em, or
securi-:y gates shall have insta~~e':. an aFr::c?'2C ---',- 20Z syst'2;:n \-!:teL f~:-;~
lie r';; 1- ~ rue ~-~ t
a c: j:: e.::: '= l-=..
._ _ _. . . J, __ _ __
r ~i-i ~ ~ i '=t.l _- OJ
tt~e (=.lll~f.
SEC~TIO!i 10.301 (h) Fire :~ycira::-~ts s:t.al~ f-,,:,
------.. -'-
."".. -. -.
u.:_ "_ r::.: :: ..=. .;. - ~ :::::
-: tLe
F'ire
ri""r',~~-~'!T',c.,,+" a.....,...~....a+'lC "r.H
~O;::r'-'-- "'~..'" r.t'U~ ~~'-' '-'J
lO.2C~7 \a).
rcacways meeting :~e
r e c '''''; ::. r e me :: ~ s
of Sec-+:i::l
SECTIUh 10.301 (1) 2~:~~~t~ S~~-~ je c! +.~
::)~E)e c::- .:=::.:'~:-~:~~.
SECTIOli 12. 113 (c) ElfERGFHCY LIGH-rI~'G.
Witt ~~e exe~~:ion of public
~ch~cl ~uildings, as defined
. -. . . -'
In =~~':3~lon ~o~e
Se:::':' o:~
15452,
state
Code Section 13108, and co~uni~J care facilit:es a~ defined in Health
i~sti~~tions and state-owed buil~:ngs as def:~ed :n E2alth and Safety
and SafEty Code Section 1502, al: occupancies t~a: serve occupant loads
over fifty (SO) pe~sons and ope~~:ing during hour~ of aarkness or in
building withou~ benefits of sui~i~ient nat~ral iig~~ shall provide
eIDe!-g~ncy illumination 0: all rE,~:.:ired e:..:i-c....ays ir. .:or.ior::::anr:e with
appropriate N.F.P.A. Stancards, :~cludi~g ame~Qwen~~ there~c as Lhe same
msy be made from time to time.
-=~e e!!lerger.:y 1 :.gI:'i:: :18 shall be powered
by a source other tha~ ~ie st~~~~~d power
.; .'""'1 ...-
t~..:: .~'-lild.ing.
SECTIOJi' VI.
JUSTIFICATIO! - Te tL2 ext.E:r~: that a::...y 0: tne ~Tcv;.sions
of ~his Ordinance co~s~1tute cna~se3 cr m~d~fica~1o~s in the
require:mer.ts contain.ed. in the ~-=a~~}} an!} Sa:e~y Coc.e Se.:t1cn 17922. the
Boa~~ of Di~ectors of the AltQ-~~c~ards~n Bay Fire P~otec~io~ 0istrict
does hereby f~nd that such cha~s-=s and modi:ica~ions are ~easo~able
nece~sary because of local cc~~i~~cns F~evailing wit~i~ t~e Alto-
Richardson Bay Fire Pro~ectic~ J:s:rict.
A des:~1pticn 0: said local
Go~~:tions is hereafter set fcr:h.
I~e ~at~re 01 :nat ~a~c ~ass ge~e'!..i ~"o~r a~ .~~s: Tl~~~:n
~e~lns~la~ a::~; ~l:~ :ts :nnere~: ;!:;~~?~l:a~ fe~:~res: p~es~~~
~nl~~e p~c:le~s to ~~e Aito-Rl[~a':;:~ Bay :~re P~~~ectl0' OlS\.:ct
~nose cc~ce~n 15 t~~ safety of t~e .iV~S anc prQpe~:i ot lts :O!~U~lty,
TN! AltQ-~l:~afcs:n Say F:re :.:~e::lon )lSttl:: ang~:a~e~ :~ a geni"li:y
Sc~~~e~lv ~lr~ct:cn from th~ -:':~:~n slopeS ~: Rlng r.o~~:=:~ to
Rlc~a~cs0~ 8~y, I~ 15 appr~x:'~:~:y o~e :Q ore-~~lf Jll~s :~ Wl::- a~j
aprl:;;fl:g-:~y :~ :,..~es long, :....:....:~c ~y sa:: wate~ .)-; :~,: :.t~a~:t:.:'r
c:' :',JiC s:je=,
-~e A::~-~::~a':s~: Say Fl~~ :-::t::::C~ ::5:::: ~~::L:~~:~~ ~: a~~i
~; r:;:";:~f ~,:: ;:_;..: ;'::::: Ii..,. a'::;::". :::_:a'.::-;:' a~:': :~~:::v
"......
: \",""
!~~ :laCeme~: 0' t~e resldenllal a~: ::M~e~:lal aeVe~0~~ent wlt~ln t~e
Distrlct has generally adapted ltse:i :: areas of leas: res:stance w:thln
the confInes of st@ep rIdges, downs::;es a~a woooe~ ~lllslaes, The
otner unIque envIronmental charact~rls:~c of the DIstrict is the
shoreline of San FrancIsco Bay by ~~IC~ It creates a :ou~dary of attractIon
to t~e VISItor pcpulatlon.
~lt~ t~e gIven profIle of the Alto-Rl:~arcson Bay FIre ProtectIon
DIstrIct, the DIstrIct Beard ot Direc~~-s has estat~ls~ed certaIn
reqUIrements WhIcn were developec to ~e:Jte the level :f ex~osure
to t~e :I~::ens of tne DistrIctj as ~e:: as the prcpe~ty (:nvest~ents)
~itr,ln t~e J~rlsdlctlon, The follo~:~; ~~lnts were cs~a~l~s~~d as
facters W~i:C~ cause concern regarC1TI9 ':re protectlQ~ ~n t~e Dlstrlct
am~ are ~ere~~ esticlished and suD~:::~~ as the "Flnal~;s of Facts":
CI r...;;."'c: Tile Vleatner pa~~:;\'~ o::t~,::: ~'ie Al.w:-=-:;:1'.a;Q:I):'i 8ay
Flre Protection D1St~lC: a~e ::~s:~e~ to De mc:~"~te~y a~fectec ~y t'ie
Pac:flc Ocea~ and San Fra~::s:: 8i~ W~:C~ WhlC!' ~~~e~: t~e year round
grc~lng season of vege~atlCn, ~~~ !'c~fual year's ;al~fall is approxl~ately
28 Inches, w~lle the sur~e~ c:~::::~nj ~lth :ts p~eYalent PaciflC Hlgh
Cell creates the ~Qrnl"g arc late afternoon fog nortally associated
wlth San FranCiSCO Bay,
W~lle norilial tem?:ratures us~ally C~ not exce~: 75-80 cegrees
our:ng the summer, llttle or ~Q ra:n fails dur:r.g t~~ perloa
Aprll ana ~ovemDer, ThiS co~~:natlon often :reates ~a:ar~8JS
fuel con~ltlons in th~ Dlstrlct. OrYlng Wind: I~ t~e summer
and 'all mortns reouce mC15t~~a anC hUffildity to ~ln:ffium lev~ls,
thereby treatl~g la~i; f:re \aatner condltlc~S, T~e normal
afternoon winds ~~IC~ precece the fog can move a flre ~U1Ckly up
t~e nillslde anc open space a~eas of the D1StfIct,
Because of cli~atlc ~C~C:tl:~S, t~e County of ~a~:~ ~as exoerie~:ea
~at=r ratIonlng in re:e~: ye:-S wat~r sho~ta;~~ can be expectec :n
the future years due tG stQ':;: :a~acltles In ~a~:~1 dom~s:lC cons~~ptlcn
anc w~ather patterns W"l~~ ~~:~:2 the alreacy rl~:)al a~n~al ral~fall,
Wh:ie so~n.d manage~=~: Of t~= ~a:er reSQufce: :5 ~QSS1~~e, act~al
Oe~ancs on an alre3cy S~fess:: ~=~er supp~y :a~ ~cst assuredly ~e
p"e:lC tea,
eEn~~o~~~c: Tne Alto-Rl:~a":5)~ 3ay FIre Prote::1Q~ Dlstr!~t
is geQ~~aph::a:~y ~:ye~ w::- :-~~~ claSS:~lca~::rs :g~eJUS,
tetam:~~~:: ~~c s~c:m~r:a'. -:: Tne Q~~5~a~::~; ~a:e~:i. IS
vo:ca~~: :: :~;;:r Wlt~ ?
c' ?Ol te~' ::- 2;~\':::C'"
:. ser:e~~:~E ~~;:~':~: :~ ~~C2SS
~
~cs~ of the Dlst:'::: ~s c~a~a:~~~::et :y ~~eCl::tl:~~ ~:~~i a'~a;
,'h~~a escapt: ')P~;:;lt'..rL\~e5 f~::I' reSt'~e'-t:31 st:.;,;:~w"~: ::~ ~l':,l..e:
to o~e SlC~ of t~i ~i:~e Gn~YI 1~e ste2~ness a~c ~~~\~~. ~~~j~'~ :" :~a
ia~: often nlnce~s, a~a ~o~e::~es ;reve~ts, the ere::l~;
la~cers at the sld~ of a no~e ~~ a ~11~51~e pa~:el.
1'.=S: "'=
S~:tS~lC actlvlty wlthl~ tne Clst~lct c~cwrs y~arly w::~ ~lt::~ ~,
no camage, altnougn tne re2~ ;~Le~t:i! does not eXIst ~:t~ t~e
p~~:ns~la sltuatec oet~een tw~ actlv~ ta~~t5: San A~creas ana
r.ay~:ard faults,
La~cslldes have also oeen e~~e~l~~ce: on tne Tlourc~ Pe~:nstila 1"
re[e~t years, Wnlle st~~111za~::~ sj nl11s1ces Ci" screet:~e5 be
prc~~aed, ne~vy raInfallS ~aye ~55w~!a ;aliu~es. Tnes~ s~ljes
na~~ closea roacraysl ~a~!n; a::e551~:1::y ~~ many lCCa!::~5 !~
t,ne Qlstrlct Imposs:~ie ~ntl! ~n:~~~ly ~~~a~eal
1~;~::~~P~!CI Tn~ 0:s:~~:: :s ~:C~;E:::S ~~Jm t~~ :~~;::a oy ~~:y
t~c l2) thQrcug~~ares - !J.S, ~:;~~it :t)~ a~~ Tl:~r:~ B~yc.
Ve.::~:ar ac:es: ~lt~ln the ::s:r~:: ~s a:fe::e~ :y st~cp r.:~ly
te~~~l~ a~C t~e ~a~y seccn~~'y ~:~;2:l:es, Many s~re~:5 ir~ ~~_.:~,
s:~~:, a~c ~~ncln~, ~~strl~t:~g :~~ s;~~: at ~~:C~ ~lr~ a;pa-i:~s
~ai s~;~:y reSPQ~~ and alsc :~C~2~;:n; :~,e t:~e la:~s =et~~~~ ~~~~
c~:e:::o~ a~d ap~aratus arrivai~ C~fl:; ~~:=~ a fa&:ly ~:ll ~a:~
tn~ ~lr~ C~ o;n~r emergen:y en t~~:~ C~~l J1 t~~ ap~~oxl~a~s.y ;~.)
str==ts lTI the Distrlct, 57 ~~e Gea:-~~: streets, re~:rlctirg :~e
ease ot relocatIng ~lre an~ res~~e e:~l~~~~: frQ~ one i:cat:or :J
a~ot~e!, eve~ tnGug~ act~al s~~aratl~; ~:st~~ce O~t~ee~ the t~Q
plates may be min:~a!. In aCdl~lO" to restrICtIng access ~0~tes
for fIre apparatus, tne deac-@nc streets also lImIt eg~e~$
oo~ortunitl=s for ~eslde~ts.
r~e co=~erclal areas of t~e J:5:~:C: ie~i la~;@:y :~:~t 2S-~~ ;:: ~
a;~. Conse~~ently, t~e vas~ ~a;:-::. }i ~nese str~::ures :: ~:: -eet
even ml~l~U~ stan~arcs for !:r@ pr0:~C:::~ ana 1!~2 sa'e:;. ~~e
~oo~ fraffie construct10n Of o~~e~ Du:~c:ngs, espe~:al:y t~Q5e :~ :~e
:'::n:e\'C:ai a:-ea, creates a:~ a:';ers~ -=:-::,:,s;.;re :irc:..~enl: ::C'~ c.~\ :~;
:e:~; easily Ign~te~ OJ an a::~:.;~: st;~::~re flre; D~~ ~:5: :-
:c~trl~J:lng to tne extens:0~ ~f f:~e to ot~er ~~l~~:ngs :~.:~;:
. ; P" '5"'\ ..--. ".-. -'l.~ a"~ ")"-"'" .:'---- .'-e
'aCl,Hlur:. aC1,..ua. d" h~' !;>:::. ,~i,'_';:__ V,I II'; I. ~:':= >>..'::;, .'
~:s~c~y in th~ D:st~lct has ;~:~~ ~:i:n; ~~~~..~ ;:~~ Sti~~ sa::-:;~y
;:~=; ;':t::: ~el"'\g 0:)1;1:: 111 '_"e ~".
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S"fCTIOli- V I I
APPEAL
(1 )
Ar,t.
.....1
person aggrieved by any decision of
the Fire Chlef in a.ccord.ance with this Ord.inance shall have the ri~'ht to
\J
appeal to tl;ie Board of Directors. An appeal muet be taken within ten
(10) days after notice of the disputed decision by filing with the Fire
Chief a letter of appeal which will be forwarded to the Board of
Directors stating therein the basis for such appeal.
(2) Failure to file a letter of appeal w~th1n said ten (10) days period
shall constitute a waiver of the rlgh: ~o hearing. The ~lre Chief in
his discretion may. nevertheless. graD~ ~uct a hearing.
(3) The Fire Chief shall fix the time and place of Lhe h'2aring be! 01-e
the Board of Directors at a date no more than thirty (30) days af~er his
receiF~ of the letter of appeal. The Fire Chief sha~l give t~e
apf~aling party and any other person(s) ~equesting the sa~e at least
five (5) days' prior written notice of the time and place of :3~ch
hearing.
(4) At the time and place set for the hear~ng upon the de2ision 0: the
Fire Chief, the Beard af Directors shal: give the appealing par~y 3i1d
any o~her interested party a ~easonable cppartunity to be hea~d in order
to show cauee why ~he determination of the Fire Chie: sho~ld ~ot be
upheld. In all sech cases the burde~ 8: prcoi shail be upc~ ~he
appellant to shew that there was not substantial evidence t~ support the
decision oi the Fi~e Chief.
::J:.
~
The natural reCK shorel:nc of San FrancIsco Say ciea:~s a sltuation
~
(p~rtik~lifly i;~n~ ~~t~~fi~ ~~y a~d Ei~t Str~~ceiry Drlve) ~hlcn
access to builcings can only be tade via one street, T~e front of
the bUIldIngs are ess~;;tlally t~e only accesslb:lIty pOln: for respondlng
apparatus, BUIldIngs constructea along tne ~aterfront and some actually
on plers over the Bay, create a situation where the presence of bay ~aters
iillts escape opport~nitles fro~ both resldentlal and commerclal occupancies
allke, Ap~rOXlmately 1,850 dwellIng units an~ ~:~~ercial bUIldlngs
have been erected ~ithin the District over the ~ast century with more
constructIon OtCurrlng each year,
v~r-ET'7InN' Alto-Rlc~arcson eay FIre Protectlon Dlstrlct's
Se~l!rIeC ~edlterancan-type cl1~ate prOduces vegetat10n sl~ilar to ~hat of
of lost of Marln County} ~lth specifIC g~o~t~ lc:a~~ a result of
topc~rap~y anc prevalllng wind. The ~estern r:c~e exposure 15 ~rl~arlly
rye ;rass wlt~ occaslonal clumps of bay an~ oa~ trees 1n the fficre sheltered
poc~ets, The eastern slopes are heavIly wocce: fro~ shore to ridge wIth
oak ana Day trees ana ~lnor shruOs of the general cnaparrel class,
ExpanSIon of the reslcential community into areas of heaVIer vegetatlon
nas resulted l~ homes eXIsting in close prOXlmIty to dense natural
follage, Ofte1 such cwelllngs are complete~y s~rrounced by highly
combustl~le ve;etation compoundin; the fIre pro~lem fro. a conflagration
pulnt of vie~,
ApprOXImately half of all the stfwctur-es In t~e Dlstilct have costly
s~lng!e or she~e roefs. This very fla~ma~le ma~eilal is susceptlble
to :gnitlon uy e~Ders fro. a wll~lar.d fire} further1ng the spread
of flre to ad;acent buildings,
As a resJlt of the "FACTINGS OF FACTA whicn hav2 lcent:f1ed the va~ious
Cl1latic, Geo;~aphlcal ana Tc~cg~aphlcal elemef;tsj elementsj the requlrete~:s
es:aDllshe~ ~y the Alto-Rlcnardson Bay FIre Pr:t@ction DistrIct ~lt~ln t~e aC)Jt~c
Drc:nance No. 11 are conSlaere~ "REASGNAB~E A~S ~ECESSARY
~OOiFICATIONS' to the requlre[e~ts establ1shec pu~suant to Healt~ ana Sa-ety COde
Se:tlon 17922 casea on loca: concitlons,
.
wnlle It 1S clearly understood that the adoptlor. of suc~ regulatIons
la~ not ~reve~t the :ncldence of fire, it is fur~~er noted that ~lth
tne Imp:ementatlon of these varIOUS regulatIons and/or requlrements,
tne seve~lty and potential of loss of life anc loss of property ~lt~ln
the 0:strlct lay be reou:ed,
i~
"
.
SECTIOB VIII VALIDITY OF ORDIIABCE - (1) If any section, subsection,
sentence, clause. phrase or word of this Ordinance 1s for any reason
held to be unconstitutional or invalid th~t decision shall not affect
rh.e v~l~~i~ty a.t tM rf.:~+.n~ng FqFr:lor~;~ qt f-41q Qr4+~nq~;
The Board of Directors of the Alto-Richardson Bay Fire Protection
District hereby declares if any portion c: this Ordinance or the
application thereof to any person or circ~mstance is held invalid, the
remainder of this Ordinance, or the appl:cation thereof to other persens
and circumstances shall not be affected :te~eby; and, to this end, the
provisions of this Ordinance are declare~ tc be servedable.
SECTIG! II UIIFORX FIRE CODE AID UIIFORl BUILDING CODE/COPIES -
The above codes defined and described in this document are hereby
adopted as an Ordinance of the Alto-Richardson Bay Fire Protection
District as to all matters therein contained except as herein otherwise
provided. The mandatory requirements of the corrections and appendices
to the Uniform Fire Code shall be enforceable to the same extent as is
contained in the body of the Uniform Fire Code. Three (3) ,:opies of
each of the volumes and documents comp:-i3ing the said Unifcrm Fire Co.:e
and Uniform Building Code are now, and stall be at all times, kept on
tlle in the office of thE Secreary of thE Alto-Richardson Bay Fire
Protectio~. District and are open to the putlic for inspection.
1'7
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SECTIO! X PEIALTY - Each person, firm or corporation is guilty of a
separate offense for each day or portion thereoi during which any
violation of any provision of thiS ordinance is committed, continued or
permitted by such person, firm or corporatiOn and i8 punishable
therefore as herein provided.
Any person violating any of the provisions of thiS Ordinance, except
those declared to be infractions, shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine not exceeding $500
or by imprisonment not exceeding six (6) months, or by both such fine
and imprisonment.
SECTIOB Xl IUISAlCE - In addition to the penaltieS herein provided any
condition caused or permitted to exist in violation of any of the
provisions of thiS Ordinance is a publiC nuisance and may be abaced as
such in accordance with applicable law.
SECTIOB XII PUBLICATION - A summary of tn:s Ordinance shall be
published five (5) dayS prior to adoptioL and within fifteen (15) days
after adopt~on in a newspaper of general circulation within the District
and it shall become effective thirty (30) days after the date of its
final passage.
18
r
\
....
PASSED AND ADOPTED AT A REGULAR KEETING OF THE BOARD OF DIRECTORS OF THE
ALTO-RICHARDSON BAY FIRE PROTECTION DISTRICT HELD THIS
DAY OF 19_, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
HOWARD H. SIEVERS, CHAIRY~N
ATTEST:
JEANNETTE HARRINGTON, SECRETARY
1-;>
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TIBURON FIRE PROTECTION DISTRICT
Ordinance No. 114
~~~V
An Ordinance of the Tiburon Fire Protection District
adopting, by reference, with certain deletions, amendments, and
additions, the Uniform Fire Code, 1985 Edition, compiled by the
Western Fire Chiefs Association and the International Conference
of Building Officials; making findings that modifications and
changes are required in the Uniform Industry Codes referred to in
California Health and Safety Code Section 17922; and repealing
Ordinance No. 111.
The Board of Directors of the Tiburon Fire Protection
District, County of Marin, State of California, does ordain as
follows:
SECTION I. Reference, Article, Section, Division and
Appendix Division Numbers used in this ordinance are those of
the Uniform Fire Code, 1985 Edition, published by the Western Fire
Chiefs Association and the International Conference of Building
Officials.
SECTION II. Adoption. The Uniform Fire Code, 1985
Edition, including Appendix Divisions I, II, III, IV and V is
hereby adopted as an Ordinance of this District deleting Sections
10.309 and 10.310, with the amendments and additions set forth in
this Ordinance.
SECTION III. Amendments. The following are sections or
subdivisions of the Uniform Fire Code as above delineated which
are hereby amended to read as below set forth:
SECTION 2.302 Appeals. Whenever the Chief disapproves
an application or refuses to grant a permit applied for, or when
it is claimed that the provisions of the code do not apply or
that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision
of the Chief to the Board of Directors of the Tiburon Fire Pro-
tection District in writing, within 30 days from the date of the
decision appealed.
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SECTION 9.107 "Electrical Code" shall mean the 1984
Edition of the National Electric Code as adopted by the Town of
Tiburon or the County of Marin, depending on the territory
involved.
, ..
SECTION 9.123 "Uniform Building Code" shall mean the
1985 Edition of the Uniform Building Code including its revisions,
additions and amendments as adopted by the Town of Tiburon or
the County of Marin, depending on the territory involved.
SECTION 10.301 (a) Type Required.
The Chief shall designate the type and number of fire
appliances to be installed and maintained in and upon all build-
ings and premises in the jurisdiction. This shall be done in
accordance with the relative severity of probable fire, including
the rapidity with which it may spread. Such appliances shall be
of a type suitable for the probable class of fire associated with
such building or premises and shall have approval of the Chief.
Portable fire extinguishers shall be in accordance with
N.F.P.A. Std. No. 10
SECTION 10.301 (b) Special Hazards
In occupancies of an especially hazardous nature or where
special hazards exist, or where emergency access for fire apparatus
is unduly difficult, approved on-site fire protection systems shall
"be provided as required by the Chief.
SECTION 10.301 (c) Installation of Fire Protection Systems.
When any land is developed in such a manner that all or
a substantial part of any building or structure thereon is or be-
comes in excess of a reasonable working distance from an adequate
water supply for fire protection, the developer shall provide such
adequate water supply. Construction shall comply with all
applicable codes and ordinances of the Tiburon Fire Protection
District, and the Town of Tiburon, County of Marin, depending Upon
the jurisdiction involved.
SECTION 10.305 Fire Extinguishers in Parking Areas.
No person shall operate any lot, parcel of land or
premises where three or more vehicles are stored, kept, or parked,
whether a charge be made for such parking or not, without keeping
rdye j
r
, a fire extinguisher, approved by the Chief, on hand at all times.!
SECTION 10.308. Automatic Sprinkler Systems
(a) Standard Automatic Fire Sprinkler Systems shall be
installed throughout all newly constructed or substantially remodeled
bUildings within the limits of the Tiburon Fire Protection District.
(b) Approved residential fire sprinkler systems shall be
installed in all newly created second units.
(c) Sprinkler Installation and Maintenance.
1. In buildings or areas of buildings housing occupancies
with high value, noncombustible contents, highly suscep-
tible to water damage, such as computer rooms, standard
automatic sprinkler systems may be omitted with the
approval of the Chief. Those buildings or parts of
buildings for which the standard automatic sprinkler
system requirement is waived pursuant to this subsection
shall be equipped with a fire detection or extinguishing
system of a tested and approved design, installed in
conformance with the requirements of the Chief.
2. Installation, inspection and maintenance of automatic
fire sprinkler systems shall comply with National Fire
Protection Association Standard No. 13 (No. 13-D for
residential systems), the Uniform Building Code,
Standards No. 38-1, 38-2, 38-3 and Tiburon Fire Pro-
tection District and Insurance Services Office specifi-
cations.
3. All automatic sprinkler systems shall be equipped with
an approved electric water flow indicating device.
Sprinkler systems installed in other than R-3 Occupan-
cies shall be equipped with an approved water flow device
which shall generate an alarm which shall terminate at
an approved U.L. listed Central Receiving Station.
4. All automatic sprinkler system control valves installed
in occupancies other than R-3 shall be equipped with an
approved tamper alarm which shall generate an alarm
signal to a U.L. listed Central Receiving Station.
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5. Required automatic fire sprinkler systems shall be
approved by the Chief of the Fire Department. In-
stallation, acceptance tests and such periodic tests
as the Chief may require shall comply in all respects
with the N.F.P.A. Standard No. 13 (No. 13-0 for resi-
dential systems), California Administrative Code Title
19, Uniform Building Code Standards No. 38-1, 38-2,
38-3 and Insurance Services Office standards.
SECTION 61.106. The use or storage of portable unvented
oil-burning heating appliances shall be prohibited inside any building
or structure within the limits of the Tiburon Fire Protection District.
SECTION 79.104. Portable tanks, containers and equipment
used or intended to be used for the storage, use or sale of more than
rogallons of flammable or combustible liquids shall not be allowed
within the limits of the Tiburon Fire Protection District.
SECTION 79.109. Heating, lighting or cooking appliances
which utilize Class I liquids shall not be operated within any
building or structure within the limits of the Tiburon Fire Protection
District.
SECTION 79.201. (a) Scope. This division shall apply to
the storage of flammable and combustible" liquids in drums or other
contairters not exceeding 60 gallon individual capacity. For the
purpose of this article, flammable aerosols and unstable liquids
shall be treated as Class I-A liquids.
SECTION 79.402. Plans shall be submitted with each
application for a permit to store more than 550 gallons of flam-
mable or combustible liquids in drums or tanks.
SECTION 79.1410. No new bulk plant shall be constructed
within the limits of the Tiburon Fire Protection District.
APPENDIX I-A.
2. (a) Number of Exits. Every floor above the second
story used for human occupancy shall have access to
at least two exits, one of which may be an exterior
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fire escape complying with Subsection (d) of
this Section.
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APPENDIX II-C. MARINAS.
4. (a) All portions of floats exceeding 150 feet distance
from fire apparatus access shall be provided with an
approved wet standpipe system, installed in accordance
with applicable standards set forth in the Uniform
Building Code No. 38-2 and Article 10 of this Code.
SECTION IV. Additions. The following sections are hereby
added to the Uniform Fire Code, 1985 Edition:
SECTION 2.105 (b) Citations. The Chief or his duly author-
ized agents, may issue citations for violations of District Ordinances
and Codes in the manner authorized by Chapter 5c, commencing with
SECTION 853.5 of Title 3 of Part 2 of the Penal Code.
ARTICLE 9. Definitions and Abbreviations.
SECTION 9.103. "Adequate Water Supply" shall mean the
available flow of water which the Fire Chief determines is or
reasonably may be necessary to protect any building or structure on
the land to be developed.
SECTION 9.106. "Developer" shall mean the owner or other
person,. firm or corporation, public or private, responsible for the
development of the land or project in question.
'SECTION 9.108. "Fira Chief" or "Chief" as referred to in
this code shall mean the Fire Chief of the Tiburon Fire Protection
District o~, any other official in the department, duly appointed by
him to administer the provisions of the Uniform Fire Code and this
Ordinance.
SECTION 9.112. Wherever the word "jurisdiction" is used
in the Uniform Fire Code, it is the Tiburon Fire Protection District.
SECTION 9.115. The term "Multi-Family Dwelling" shall mean
any building, or portion thereof, containing two or more dwelling
41-
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Units. This shall include, but not be limited to, duplex, apartment
house, flat, condominium, tenement house, townhouse, dormitory,
convent, guest house, bed and breakfast inn, retirement center and
cooperatives.
SECTION 9.120. "Reasonable Working Distance" shall mean
the distance from the adequate water supply and shall be deemed not
to exceed 350 feet in residential applications and 150 feet from
commercial developments.
SECTION 9.121. "Second Unit" shall mean an attached or
detached additional dwelling unit on a single family lot which
provides complete independent living facilities and which has a
kitchen/cooking, sleeping and sanitation facilities on the same
parcel as the primary unit.
When the floor area of a building to be remodeled, in-
cluding any additions to the building, exceeds fifty percent of
the existing floor area of the building, it shall be determined a
"Substantial Remodel" and as such shall comply with all sections
of this code for new construction.
SECTION 10.301 (f). No newly constructed building shall
be occupied unless it is provided with an adequate water supply as
required by this Section.
SECTION 10.301 (g). All buildings which have installed
therein an automatic fire alarm system, automatic fire sprinkler
system, or security gates shall have installed an approved key box
system when fire department access is required by the Chief.
SECTION 10.307 (e). No single family dwelling or multi-
family occupancy shall be sold or rented without provision for the
installati'on of approved smoke detectors. Installation shall be in
accordance with Section 1210 of the 1985 Uniform Building Code and
N.F.P.A. Standard No. 74.
SECTION 11.111 (b). Any chimney used on any structure with
combustible roofing shall be maintained with approved spark arresters.
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SECTION 77.106 (b). The limits referred to in this Section'
are established as the entire territory of the Tiburon Fire Protection
District.
SECTION 79.501. The limits referred to in this Section are
established as the entire territory of the Tiburon Fire Protection
District.
SECTION 79.1001. The limits referred to in this Section
are established as the entire territory of the Tiburon Fire Protection
District.
SECTION 82.105 (a). The limits referred to in this Section
are established as the entire territory of the Tiburon Fire Protection
District.
SECTION V. To the extent that any of the prov~s~ons of
this Ordinance constitute changes or modifications in the require-
ments contained in the Health and Safety Code Section 17922, the
Board of Directors of the Tiburon Fire Protection District does
hereby find that such changes and modifications are reasonably
necessary because of local conditions prevailing within the Tiburon
Fire Protection District. A description of said local conditions
is hereinafter set forth.
The peninsular nature of that land mass generally known
as "Tiburon" along with its inherent geographical features, presents
unique problems to the Tiburon Fire Protection District whose concern
is the safety of the lives and property of its community.
The Tiburon peninsula angulates in a generally southeastern
direction from the northern shore of the San Francisco Bay. It is
approximately one to one and one-half miles in width and approxi-
mately four miles long, surrounded by salt water on three sides.
The Tiburon Fire Protection District encompasses an area of
roughly four square miles with a resident population of approxi-
mately 10,000. Due to the significant visitor population to the Town
of Tiburon and to local state and county parks, the actual population
can be considerably higher depending upon the time of the year.
The placement of the residential and commercial development
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within the District has generally adapted itself to areas of least
resistance within the confines of steep ridges, downslopes and
wooded hillsides. The other unique environmental characteristic
of the District is the shoreline of San Francisco Bay which
creates the boundary of attraction to the visitor population.
With the given profile of the Tiburon Fire Protection
District, the District Board of Directors has established certain
requirements which were developed to reduce the level of exposure
to the cit~zens and guests of the District, as well as the property
(investments) within the jurisdiction. The following points were
established as factors which cause concern regarding fire protection
in the District and are herein established and submitted as the
"Findings of Facts":
CLIMATIC: The weather patterns within the Tiburon Fire
Protection District are considered to be moderately affected by the
Pacific Ocean and San Francisco Bay which extend the year round
growing season of vegetation. The normal year's rainfall is
approximately 28 inches, while the summer condition, with its
prevalent Pacific High Cell creates the morning and late afternoon
fog normally associated with San Francisco Bay.
While normal temperatures usually do not exceed 75-80
degrees during the summer, little or no rain falls during the
period between April and November. This combination often creates
hazardous fuel conditions in the District. Drying winds in the
summer .and fall months reduce fuel moisture and humidity to minimum
levels, thereby creating ideal fire weather conditions. The normal
afternoon winds which precede the fog can move a fire quickly in
the hillside and open space areas of the District.
Because of climatic conditions, the County of Marin has
experienced water rationing in recent years. Water shortages can
be expected in future years due to storage capacities in Marin,
domestic consumption and weather patterns which reduce the already
minimal annual rainfall. While sound management of the water
resources is possible, actual demands on an already stressed water
supply can most assuredly be predicted.
GEOGRAPHIC: The Tiburon peninsula is geographically
mixed with three classifications: igneous, metamorphic and sedi-
mentary rock. The outstanding material is volcanic in origin with
-&.\
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SECJ10fi I
SECTIOlf I I
oHCTI Oli- I I J
SECT ION- IV
ALTO-RICHARDSOn BAY FIRE PROTECTION DISTRICT
ORDlliARCE lIG. 11
REPEALIJrG ORD l.l~-ANCE liG. 9 AJ)"D
ADOPTIWG BY REFERENCE THE 198~
EDITIOJl Ot< THh UIVIFORJl FIRE
CODE ABD AJI[E!{DlffiITS THERETO
SU~R,{
REFEllli 11 CE, ART I eLf, SECT 101, D I V I S I ON- AN1)
~DPE~l}iY HUABERS USED I~ THIS QRDI~ANCE.
ADOPTiON
DEFINITIONS AND 1l813Rt:VIATIOliS
AJlE}lDMENTS
SECIIOB" 10.20'1 (a)
ACCESS ROADVAYS FOR
FINE APPARATUS
FIRE ROAD GATES
SECTIO~ 10.301 (a)
SECTIOli 10.301 (b)
SECTION 10.301 (c)
SECTIO) 1 O. 305
SEcTIO.tf 10.307 (e)
SECTIOlY 10.308
SECTIOb 10.309 (a)
SECT I Uk 10.3J4 <g)
SECTIC!\ 11.111
t~f:{~~.r l CY!J 17 '-j . ) O(~j ,- t." ..
i i \..u#:
TYPE REQUIRED
SPECIAL HAZARDS
WATER SUPPLY
FiRE EXTIBGtJlSHbnS
I~ PARKING AREAS
SJIlDKE DETECTURS
AUTOMAT IC SrIt L81CLER
SY ~:n' EJLS
EXEMPTIONS
AUTOMATIC RESTAURANT
RA~G~ ~~0 HOOD PROTECTION
SJJ A~K At:i'"~E3TERS
S-:U~'/~!..J~: OF EXPLG~:IVE
B~A~' ' 1 NG AGENTS
ORDINANCE lIU. 11
~~ ORDIBAICE OF THE BOARD OF DlRECTIOBS
OF THE ALTo-RICHARDSO~ BAY FIRE PROTECTION
DISTRICT REPEALDIG ORDINAB-CE NO. 9 AND
ADOPTING BY REFERENCE THE 1985 EDITION
OF THE Ul:H.FORfIl. F IRE CODE AID
AlrnIrnlllilfrS THERETO
An Ordinance of the ALTO-RICHA2DSOK BAY FIRE PH07ECTION JIf~~ICT
aC:Jp-cing by reference, with cer"tain ,.:.-=:i..::tior..:=, amendment'~, 3.Li
ac.:~t~QL3)
the U~:form Fi~e Code,
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1 ~~ 0 ~~. .= c. it::" C!l ,
c~:npi 1 eei
"':: L2 \;i~'3tern
FIre Ch-i..ets A'3~Qciation and 'tne Int-:::-lla-::io:-.3l GO:1:E::-ence c:- .:ui ;..::ing
OfficiaL3; ma~:ing findings that:: mO'J.i::.ca'ticm= anc.. cnange-:= a:---= r~!~uired
in the Uniform Industry Code referred to in the California ~e3~th and
Safety Code Section 17922; and repea~~ng OrdinaL~e No. g,
TIle E~aal-d. of I!ire(:tor"'s of t~b.e Al"t:o-F~~;:har(:EG:l B.a} Fire F!;-.:~-=:'~:~O:l
District., C,ourl"'::y of Karin, Stat\= c1 Caiif:Jl-r~ia, ::.::e~ crc:'3-~r_ as ::::low:3:
SECTION 1. Reference, Article, Sec:ion, Di\~i:3ic:-l and Appe:-"iiZ Divi:3ion
Numbe:r':; used. in this ordinance a.n~ triose of the ~Jniform Fire code, l.985
Editic::, published by the West€rn Fire Chie1s A~=:Jciation a:-.': ~be
Interr~.::.":,ion2tl Confererlce CJI E.l1i___dil1;; Jfficia>3,
SECTION II. Ad::',.:\tion. llie Unifcr!r. ~in? Cede, ~;'2'5 edit.i=r.. lncluding
App'=T:'i:x Di,visions, I, II. III, IV a.nri V is here-:::.'y adop,,:e:.:t:: an
Ordinance of 1h1s District deleting Se~ticn 10. ~29 and 10310 with the
a~~~:~~e~t:; 3n(i ad~i~ic11'~ set for~h i~ :t~s Ord~~~nce.
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a ridge of serpentine reaching in excess of 700 feet in elevation.
Much of the District is characterized by precipitous hilly
areas where escape opportunities from residential structures are
limited to one side of the home only. The steepness and uneven
nature of the land often hinders, and sometimes prevents, the
erecting of rescue ladders at the side of a home on a hillside parcel.
Seismic activity within the District Occurs yearly with
little or no damage, although the real potential does exist with
the peninsula situated between two active faults: San Andreas and
Hayward faults.
Landslides have also been experienced on the Tiburon Penin-
sula in recent years. While stabilization of hillsides can sometimes
be provided, heavy rainfalls have caused failures. These slides
have closed roadways, making accessibility to many locations in the
District impossible until properly cleared.
TOPOGRAPHIC: The District is accessible from the outside
by only two primary thoroughfares and only one of those permits speed
in excess of 25 miles per hour by virtue of its narrow, twisting
configuration. This feature limits mutual aid companies responding
from neighboring communities for a large scale emergency to approach
by only one realistic route, and from only one side of the District,
as Opposed to a non-peninsular area which would be approachable from
many directions and roadways.
Vehicular access within the District is affected by steep,
hilly terrain and the many secondary ridge lines. Many streets are
narrow.and winding, restricting the speed at which fire apparatus
may safely respond and also increasing the time lapse between fire
detection and apparatus arrival, during which a family will face
the fire or other emergency on their own. Of the approximately
186 streets in the District, 125 are dead-end streets, restricting
the ease of relocating fire and rescue equipment from one location
to another~ even though actual separating distance between the two
places may be minimal. In addition to restricting access routes
for fire apparatus, the dead-end streets also limit egress oppor-
tunities for residents.
The commercial ar~ of the District were largely built long
before present code requirements existed. Consequently, the vast
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a ridge of serpentine reaching in excess of 700 feet in elevation.
Much of the District is characterized by precipitous hilly
areas where escape opportunities from residential structures are
limited to one side of the home only. The steepness and. uneven
nature of the land often hinders, and sometimes prevents, the
erecting of rescue ladders at the side of a home on a hillside parcel.
Seismic activity within the District occurs yearly with
little or no damage, although the real potential does exist with
the peninsula situated between two active faults: San Andreas and
Hayward faults.
Landslides have also been experienced on the Tiburon Penin-
sula in recent years. While stabilization of hillsides can sometimes
be provided, heavy rainfalls have caused failures. These slides
have closed roadways, making accessibility to many locations in the
District impossible until properly cleared.
TOPOGRAPHIC: The District is accessible from the outside
by only two primary thoroughfares and only one of those permits speed
in excess of 25 miles per hour by virtue of its narrow, twisting
configuration. This feature limits mutual aid companies responding
from neighboring communities for a large scale emergency to approach
by only one realistic route, and from only one side of the District,
as opposed to a non-peninsular area which would be approachable from
many directions and roadways.
Vehicular access within the District is affected by steep,
hilly terrain and the many secondary ridge lines. Many streets are
narrow "and winding, restricting the speed at which fire apparatus
may safely respond and also increasing the time lapse between fire
detection and apparatus arrival, during which a family will face
the fire or other emergency on their own. Of the approximately
186 streets in the District, 125 are dead-end streets, restricting
the ease of relocating fire and rescue equipment from one location
to another,' even though actual separating distance between the two
places may be minimal. In addition to restricting access routes
for fire apparatus, the dead-end streets also limit egress Oppor-
tunities for residents.
The commercial ar~ of the District were largely built long
before present code requirements existed. Consequently, the vast
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majority of these structures do not meet even minimum standards ',''''.,
for fire protection and life safety. The wood frame construction
of older buildings, especially those in the commercial area, creates
an adverse exposure problem, not only in being easily ignited by an
adjacent structure fire, but also in contributing to the extension
of fire to other buildings through radiation, actual physical heat
conduction and flying embers. Fire history in the District has
shown flying embers will start secondary fires after being blown in
the air.
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The natural rocky shoreline of San Francisco Bay creates a
situation (particularly along Main Street and Paradise Drive) by
which access to buildings can only be made via one street. The front
of the buildings are essentially the only accessibility point for
responding. Buildings constructed along the waterfront and some
actually on piers over the Bay, create a situation where the presence
of bay waters limits escape opportunities from both residential and
commercial occupancies alike. Many of the nonconforming existing
structures on Main Street are built property line to property line
with no provisions for required fire separations between the buildings.
Approximately 3,200 dwelling units and commercial buildings have
been erected within the District over the past century with more
construction occurring each year.
The location of the District at one of the "ends" of the
Marin Municipal Water District's gravity system, the lack of cross-
connected, gridded water mains (due to Tiburon's existing street
configu~ation) and generalized water shortage in Marin County results
in occasional inadequate water volume and pressure for fire fighting
purposes in certain parts of the peninsula.
VEGETATION: Tiburon's semiarid Mediterranean-type climate
produces yegetation similar to that of most of Marin County, with
specific growth locale a result of topography and prevailing wind.
The western ridge exposure is primarily rye grass with occasional
clumps of bay and oak trees in the more sheltered pockets. The
eastern slopes are heavily wooded from shore to ridge with oak
and bay trees and minor shrubs of the general chaparrel class.
Expansion of the residential community into areas of
heavier vegetation has resulted in homes existing in close proximity
to dense natural foliage. Often such dwellings are completely
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surrounded by highly combustible vegetation compounding the fire
problem from a conflagration point of view.
Approximately half of all the structures in the District
have costly shingle or shake roofs. This very flammable material
is susceptible to ignition by embers from a wildland fire, further-
ing the spread of fire to adjacent buildings.
As a result of the "Findings of Fact" which have identified
the various Climatic, Geographical and Topographical elements, the
requirements established by the Tiburon Fire Protection District
wi thin the adopted Ordinance No. 114 are considered "REASONABLE
AND NECESSARY MODIFICATIONS" to the requirements established pursuant
to Health and Safety Code Section 17922 based on local conditions.
While it is clearly understood that the adoption of such
regulations may not prevent the incidence of fire, it is further
noted that with the implementation of these various regulations and/
or requirements, the severity and potential of loss of life and loss
of property within the District may be reduced.
SECTION VI. Severability. If any provision of this
Ordinance or the application thereof to any person or circumstance
be held invalid, the remainder of this Ordinance or the application
thereof to other persons or circumstances shall not be affected
thereby, and to this end, the provisions of this Ordinance are
declared to be severable.
SECTION VII. Penalty. Any person violating any of the
provisions of this Ordinance shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding
five hundred dollars ($500.00), or by imprisonment of a term not
exceeding six (6) months, or by both such fine and imprisonment.
The imposition of one penalty for a violation shall not excuse the
violation ar permit it to continue; and all such persons convicted
of such misdemeanors shall be required to correct or remedy such
violations or defects within a reasonable length of time; and when
not otherwise specified each ten days that prohibited conditions
or violations are maintained shall constitute a separate offense.
The application of the aforesaid penalty shall not be held to
prevent the enforced removal of prohibited conditions.
II
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t"'Ji~;~'>'l~~~~ \'c
~ SECTION VIII. Repeal of Conflicting Ordinances. Ordinance
No. 111 and all other ordinances inconsistent herewith be and the
same are hereby repealed.
l:'a.~t:: ~~
SECTION IX. Effective Date. This Ordinance shall become
effective upon its publication once in a newspaper of general cir-
culation within the District.
The foregoing Ordinance was passed and adopted at a regular meeting
of the Board of Directors of the Tiburon Fire Protection District,
on the 8th day of April , 1987 by the fOllowing ~te:
AYES: Commissioners Carter, Hanson, Harris and Hannahs
NOES: None
ABSENT: Commissioner Plant
C
IN~~I ~
President of the Board
ORDINANCE NO. 325 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING THE TOWN'S ANIMAL CONTROL
ORDINANCE BY ADOPTING BY REFERENCE AMENDMENTS
TO THE MARIN COUNTY ANIMAL CONTROL CODE
PERTAINING TO RABIES VACCINATIONS FOR CATS, AND
DOG LICENSING
The Town Council of the Town of Tiburon does hereby
ordain as follows:
section 1. Amendment. The Animal Control Ordinance of
the Town of Tiburon, codified as sections 20-1 and 20-2 of the
Tiburon Municipal Code, is hereby amended by incorporating by
reference amendments to Sections 8.04.030, 8.04.060, and
8.04.070, and the addition of new section 8.04.041, to the
Marin County Code, pertaining to dog licensing and rabies
vaccinations for cats, all as adopted by the Board of
Supervisors of the County of Marin in Ordinance No. 2942. As
amended, section 8.04.070, pertaining to Delinquent License
Penalties, reads as follows:
8.04.070 Delinquent license penalty. Any
owner failing to procure and pay for such
license within the period allowed in section
8.04.030 shall pay the delinquent penalty for
such failure in the amount established by
resolution of the board of supervisors. The
delinquent penalty may be waived where failure
to pay is due to reasonable cause and
circumstances beyond the control of the dog
owner which shall be determined by the
poundkeeper or the county tax collector. Any
person dissatisfied with a determination
denying waiver of the delinquent penalty shall
be entitled to a hearing which shall be
conducted pursuant to the provisions of Section
8.04.122. Every owner of a dog which is over
the age of four months and which is kept in the
county shall procure a license for each such
dog, for each year, commencing within thirty
days of vaccination and ending one year
following the date of issue of such license.
Such license shall be procured not later than
thirty days after the day upon which the dog is
four months old, or within thirty days after
the day upon which the dog, if over the age of
four months, is first owned by a resident of
the county and thereafter shall be maintained
on a current basis from year to year.
section 2. 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 September 2, 1987, by the
following vote:
AYES:
COUNCILMEMBERS: DUKE, WILSON, SHAW,
COXHEAD, MAYBERRY
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
(2L n k4Lt
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTE~M
R. L. KLEINERT, TOWN MANAGER/CLERK
---.
LAG - DRA~T DATE 8/13/87
ORDINANCE NO.
324 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON LEVYING A
SPECIAL TAX FOR THE PROPERTY TAX YEAR 1987-88
COMMUNITY FACILITIES DISTRICT NO. 1985-1
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 described below (parcel
descriptions are from the recorded condominium map for Point
Tiburon) for the 1987-88 tax year as follows:
a. Residential units 1, 2, 5, 8-12 inclusive, 15, 18, 21,
24-26 inclusive, and 35-155 inclusive: the sum of
$707.57 each;
b. Building 13: the sum of $15,170.73; and
c. Building 14: the sum of $9,900.77.
2. The appropriate Town officers are directed to provide
all necessary information to the Marin County Tax Collector in
order to effect the proper billing and collection of the within
special tax in the 1987-88 tax year.
3. 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 remiining parcels, shall not be affected.
4. 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 15, 1987 by the following vote:
AYES: COUNCILMEMBERS: Wilson, Mayberry, Coxhead
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Duke, Shaw
(}!~ jJ eik~R
STONE D. COXHEAD, MAYOR
Town of Tiburon
ATTEST:
R. ~GER/ CLERK
ORDINANCE NO. 323 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING ORDINANCE NO.
9 N.S. BY PREZONING CERTAIN PROPERTIES
TO RO-l, RO-2 AND PARK DISTRICTS EFFECTIVE
UPON ANNEXATION TO THE TOWN OF TIBURON
WHEREAS, the Town Council of the Town of Tiburon does ordain
as follows:
Section 1. Adoption of Prezoning.
Ordinance No. 9 N.S., the Zoning Ordinance of the Town of
Tiburon, is hereby amended by adopting prezoning of the following
described property to RO-1, RO-2 and Park districts effective
upon the annexation to the Town of Tiburon:
OWNER A.P.# PROPOSED ZONING
Kristensen 38-142-03 RO-l (Residential/Open 1 Ac. Min.)
Kristensen 38-151-08 P (Park, Open Space & Recreation)
Kolthoff 38-041-29 RO-2 (Residential/Open 1/2 Ac. Min.) &
P (Park, Open Space & Recreation)
Smith 38-041-33 RO-2 (Residential/Open 1/2 Ac. Min.) &
P (Park, Open Space & Recreation)
Tanner 38-041-32 RO-2 (Residential/Open 1/2 Ac. Min.) &
P (Park, Open Space & Recreation)
These properties and their zoning are more particularly
described on the attached Exhibits lIAlI and uBlI.
Section 2. Separability.
If any section, sentence, subsection, 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, 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.
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 May 7~ 1987 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Mayberry~ Shaw~ Wilson~ Coxhead
COUNCILMEMBERS: None
COUNCILMEMBERS: Duke
(}L(l ~U
STONE D. COXHEAD~ MAYOR
ATTEST:
~~~--
R.L. KLEINERT~ T WN MANAGER/CLERK
Draft date: 3/20/87
ORDINANCE NO. 322~ N.S.
AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
TITLE IV, CHAPTER 13, OF THE TIBURON
MUNICIPAL CODE TO REGULATE HOURS OF
CONSTRUCTION IN THE TOWN AND ESTABLISH
PENALTIES FOR VIOLATION OF BUILDING REGULATIONS
BE IT ORDAINED by the Town Council of the Town of Tiburon as
follows:
Section 1. Amendment.
Title IV, Chapter 13, of the Tiburon Municipal Code is
hereby amended by adding Section 13-1.2 thereto, as follow:
Section 13-1.2. Hours of Construction.
(a) Hours of Construction. Any work performed pursuant
to a building permit issued under the provisions of this
Chapter shall be limited to the following hours:
(i) Monday through Friday: 7:00 a.m. to 6:00 p.m.
(ii) Saturday: 9:00 a.m. to 3:00 p.m.
(b) The use of heavy mechanical equipment shall be
limited to Monday through Friday, 7:30 a.m. to 5:00 p.m.
(c) Exceptions. An exception to the provisions of
subsections (a) and (b) shall be allowed under the
following circumstances as long as it will not
unreasonably disturb the surrounding neighborhood.
(i) Where work is done pursuant to a permit issued
for alterations, additions, modifications and
repairs to an existing occupied single family
dwelling unit.
(ii) Where work is necessary in an emergency
situation to remedy or prevent damage or
threatened damage to the property or persons
thereon or to adjacent properties or persons
thereon.
(iii) Where, prior to the performance of any work
pursuant to this permit, the Town Manager,
upon a showing of good cause, grants a waiver
of the hours set forth in subsection (a).
Section 2. Amendment.
Title IV~ Chapter 13~ Section 13-10.15 of the Tiburon
Municipal Code shall be amended as follows:
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 more than three times during any 12-month
period~ such person~ firm~ 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 any of the
provisions of this chapter is committed~ 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.
Any building or structure erected or maintained and any
work commenced or continued in violation of this chapter
shall be~ and is hereby declared unlawful and a public
nuisance~ and the Town Attorney on the direction of the Town
Council shall institute necessary legal proceedings for the
abatement~ removal or enjoinment thereof in the manner
provided by law and shall take such other steps as may be
necessary to accomplish these ends.
For the purposes of uniformity this section shall be
deemed to supersede any of the penalties provided in the
respective codes referred to in this chapter.
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 March 18, 1987 by the follwing vote:
AYES: COUNCILMEMBERS: Mayberry, Coxhead, Shaw, Wilson,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
4~>.
,/-----X~.._.. -//~
:__"",./ t~//
LAWRENCE J. DUKE, MAYOR
R.L. LERK
'Date drafted: 1/15/87
Date revised: 1/29/87
2/26/87
3/10/87
ORDINANCE NO. 321 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
ARTICLE III OF TITLE IV, CHAPTER 15, OF THE
TIBURON MUNICIPAL CODE, RELATING TO TREE DISPUTES,
BY REQUIRING PARTIES TO PARTICIPATE IN MEDIATION.
BE IT ORDAINED by the Town Council of the Town of Tiburon
as follows:
Section 1. Amendment.
Section 15-20 of Title IV, Chapter 15, Article III of the
Tiburon Municipal Code is hereby amended to read as follows:
Section 15-20. Attempt to Alleviate Obstruction;
Complaint.
A property owner who believes that the view from
or sunlight reaching his or her property is being unrea-
sonably obstructed by a tree or trees, and who desires
to take advantage of the provisions of this article,
shall contact the tree owner and the appropriate home-
owners associations, and shall attempt to resolve the
problem. If the attempt at resolution is unsuccessful
and both parcels involved are private property, the two
parties shall be required to attempt to resolve the
problem by participating in the Marin Mediation Services
Program, or any successor program thereto, before filing
a complaint of obstruction with the Town Clerk.
If after pursuing both of the aforesaid methods
of resolution, the parties are still unable to resolve
the problem, then the property owner may file with the
Town Clerk a written complaint. Such complaint shall
state with particularity the manner in which the view
from the property owner's property or sunlight reaching
his property is being unreasonably obstructed by the
growth of one or more trees on property other than his,
and the specifics of his efforts to alleviate the prob-
lem.
Concurrently with the filing of a written com-
plaint with the Town Clerk, the complainant shall depo-
sit with the Town Clerk a non-refundable fee, in an
amount to be established by Resolution of the Town Coun-
cil, to cover administrative costs as prescribed by the
Board of Adjustments and Review and the Planning Commis-
sion. In cases of a complex nature calling for the
expertise of an outside consultant, the Design Review
Board, upon recommendation of staff, may require the
complainant to deposit in advance with the Town Clerk an
-1-
amount estimated to be sufficient to cover consulting
expenses incurred by the Town under the provisions of
this ordinance. At the conclusion of the hearing, the
Design Review Board shall determine the allocation of
consulting costs between the complainants and the tree
owner in the same manner it now allocates other costs.
Section 2. Separability.
If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or unconsti-
tutional 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, and any sec-
tion, subsection, sentence, clause or phrase thereof, irrespec-
tive of the fact that anyone or more other sections, subsec-
tions, sentences, clauses or phrases may be declared invalid or
unconstitutional.
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 shall be published, with the
names of the members voting for and against it, 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 Coun-
cil of the Town of Tiburon held on March 4, 1987, by the
following vote:
AYES:
COUNCILMEMBERS: Duke, Coxhead, Mayberry,
Shaw, Wilson
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ATT~4
ROBERT L. KLEINERT
Town Manager/Clerk
Draft date: 01/27/87
-2-
ORDINANCE NO. 320 N.S.
AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON RELATING TO AMENDING SECTION
20-1 OF ARTICLE 1 OF THE TIBURON TOWN CODE
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON AS
FOLLOWS:
Section I. Place of Town Council Meetings.
"The regular meetings of the Town Council shall be held in
the Tiburon Lodge, 1651 Tiburon Lodge, Tiburon."
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on
November 5, 1986 by the following
vote:
AYES:
COUNCILMEMBERS: Mayberry, Wilson, Coxhead, Shaw
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/.1
~"._---,.6.R',< .;...... ._......:.-_/_ '"' j'c/...._ ..'
LAWRENCE J. DUKE,' MAYOR
Town of Tiburon
ATTEST:
MANAGER/CLERK
ORDINANCE NO. 319 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON LEVYING A SPECIAL
TAX FOR THE PROPERTY TAX YEAR 1986-87
COMMUNITY FACILITIES DISTRICT NO. 1985-1
The Town Council of the Town of Tiburon ordains:
I. Pursuant to Government Code Sections 53328 and 53340, a
special tax is hereby levied on the property within Community
Facilities District No. 1985-1 described below (parcel
descriptions are from the recorded condominium map for Point
Tiburon) for the 1986-87 tax year as follows:
a. Residential Units 1, 2, 5, 8-12 inclusive, 15, 18,
21, 24-26 inclusive, and 35-155 inclusive: the sume
of $3,127.33 each;
b. Building 13: the sum of $67,051.40; and
c. Building 14: the sum of $43,759.30.
2. The appropriate Town officers are directed to provide all
necessary information to the Marin County Tax Collector in order
to effect the proper billing and collection of the within special
tax in the 1986-87 tax year.
3. If for any cause, any portion of this ordinance be found
to be inva1~d, or if the special tax be 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.
4. 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 16, 1986 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Mayberry, Coxhead, Shaw, Duke
None
Wilson
(,~,: ~
~~,.--
~~"'~_'-- . M~~.L~
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
ORDINANCE NO. 318 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
TITLE II, CHAPTER 4, OF THE TIBURON MUNICIPAL
CODE RELATING TO BUSINESS LICENSE TAXES
BE IT ORDAINED by the Town Council of the Town of Tiburon,
as follows:
Section 1. Addition.
Section 4-16 is hereby added to Chapter 4 of Title II of the
Tiburon Municipal Code, to read as follows:
Section 4-16. Flat Rate Taxes - Apportionment for
Businesses Not Having a Fixed Place of Business Within
the Town.
(a) Notwithstanding any other provision of this Chap-
ter to the contrary, every person not having a fixed place
of business within the Town who engages in business of any
kind whatsoever, or who furnishes any services in the Town
and is subject to a flat rate tax under this Chapter, may
apply to the Town Clerk for an adjustment of the tax so that
such tax is apportioned to reflect that proportion of such
person's business actually carried on within the Town.
(b) The applicant shall, between January 1 and March 1
of each year file with the Town Clerk a statement showing,
with deductions as permitted in this chapter, the gross
sales of such businesses and the proportion of gross sales
attributable to business actually done in the Town during
the calendar year immediately preceding the date on which
said statement is filed. In the case of businesses render-
ing services, the gross revenue from services rendered shall
be considered equivalent of gross sales. In the case of
businesses making sales and rendering services, the gross
revenue from both sales and services shall be considered the
equivalent of gross sales. If the business is owned, con-
ducted or carried on by a firm or co-partnership, such
statement shall be signed and filed by one of the members or
partners. If the business is owned, conducted or carried on
by a corporation, such statement shall be signed and filed
by its president, vice-president, secretary, assistant sec-
retary, treasurer, assistant treasurer, chief accounting
officer, or managing agent. The Town Clerk or any deputy
town clerk, may, in all cases, examine the books and ac-
counts of any person who files such statement, for the pur-
pose of verifying the same or for the purpose of determining
the amount of gross receipts of such person. All statements
filed pursuant to the provisions of this section shall be
confidential and shall not be subject to public inspection.
-1-
(c) Upon receiving such statement of gross receipts,
the Town Clerk shall determine the percentage of the appli-
cant's total gross receipts which are attributable to busi-
ness actually done in the Town during said one year period,
and shall apply the same percentage to the flat rate tax for
the business as set forth elsewhere in this Chapter, to
obtain an apportioned business license tax.
(d) Thereupon, the Town Clerk shall issue and deliver
to such person a business license as provided elsewhere in
this Chapter and shall collect the apportioned business
license tax as set forth in subsection (c) of this section,
for one year commencing on the date above mentioned.
(e) If at the time of filing application for an appor-
tioned business license tax under this section, the appli-
cant is unable to produce records of the amount of the sales
and services for the business for which application is made
for the calendar year immediately preceding the date of such
application, such person shall pay a business license tax
based on applicant's signed statement of anticipated gross
receipts.
(f) It shall be the duty of the Town Clerk to so pre-
serve and keep such statements that the contents thereof may
not become known, except to the person charged by law with
the administration of this Chapter and except when it is
necessary to divulge such information for the purpose of
enforcing the provisions of this Chapter. Any person who
wilfully files a false statement of gross receipts shall be
guilty of a violation of this Code.
Section 2. Amendment. Section 4-11(b) of Chapter 4, Title
II of the Tiburon Municipal Code is hereby amended to read as
follows:
Section 4-11. Licenses required for certain businesses;
fees for special license permits.
(b) Scheduled Business.
BUILDING CONTRACTORS:
Value of Project
Annual Fee
$ 0 - $ 5,000
5,001 - 25,000
25,001 - and over
$15.00
25.00
.0012 of Project Value
III
III
-2-
DELIVERY BUSINESSES:
Capacity of Vehicle (See See 4-15)
Not exceeding -Y2 ton, per vehicle
Over 1f2 ton, to 1 ton, per veh icle
Over 1 ton to l~h tons, per vehicle
Over l~h tons to 2 tons, per vehicle
Over 2 tons to 3 tons, per vehicle
Over 3 tons, per vehicle 200.00
LIVING ACCOMMODATIONS:
Apartments, rooming houses
'Bed n Breakfast' operations
VIDEO AMUSEMENT DEVICES:
Machines on premises of
another business licensed
pursuant to this Article
("associated business")
Business limited ex-
clusively to renting,
leasing, or operating
coin-operated amusement
devices.
OTHER LICENSES:
Carnivals/Fairs & Circuses
COMMERCIAL FILMING OF ANY TYPE:
Persons Employed at Location
1 to 3
4 to 6
7 to 9
10 and over
Annual Rate
$ 22.50
37.00
50.00
100.00
150.00
$20.00 per rental unit
$50.00 per year
The gross receipts from
any such machine shall be
included in the gross re-
ceipts of an associated
business for purposes of
calculating the gross
receipts tax, if any,
payable by said business.
A tax on gross receipts
according to the schedule
in Section 4-12 of this
Article.
$400/1st day and
$300/each additional day.
Rate Per Day
$ 150.00
300.00
600.00
1,000.00
RETAIL GROCERY STORES: Annual Fee
Includes all businesses which
primarily retail groceries,
meat, and/or produce. .0008 of gross receipts
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
-3-
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 June 18, 1986, by the vollowing
vote:
AYES:
COUNCILMEMBERS:
Duke, Coxhead, Mayberry, Shaw,
Wilson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
N~~ ~
'" ""< -- -:.._. ",. . / /,-~
~AWRiNCE J. C:fJUKE ,. Mayor
Town of Tiburon
ATTEI&~ "
R. L~ KLEINERT, Town Manager/Clerk
-4-
ORDINANCE NO. 317 N.S.
TOWN OF TIBURON - TWO YEAR MORATORIUM ON
DEVELOPMENT AND BUILDING CONSTRUCTION INITIATIVE
THE PEOPLE OF THE TOWN OF TIBURON DO ORDAIN AS FOLLOWS:
I. The people of the Town of Tiburon hereby find and declare
that the commencement of additional new construction and the
approval of additional subdivisions, use permits, variances or
any other applicable entitlements for use which are required in
order to comply with a zoning ordinance would result in a current
and immediate threat to the health, safety and welfare of the
citizens of the Town of Tiburon. Therefore, the people find that
it is in the best interests of the present and future residents
of the Town of Tiburon to place a temporary moratorium on
construction in the Town of Tiburon while a determination is made
that the capacity of streets, roads, highways and intersections
is not exceeded by traffic generated by new projects within the
Town, and then to allow development to proceed in an orderly and
well-regulated fashion.
2. Notwithstanding anything to the contrary contained in the
municipal code of the Town of Tiburon, the following moratorium
shall apply to all new construction in the Town of Tiburon
(except for "Permitted Exclusions", as defined below):
A. no subdivisions, preliminary plans, precise plans, design
reviews, conditional use permits, variances, building
permits, or other entitlements for use required to comply
with the zoning ordinance shall be granted or approved
until after the expiration of this ordinance.
B. any and all subdivisions, preliminary plans, precise
plans, design reviews, conditional use permits,
variances, building permits, or any other entitlements
for use required to comply with the zoning ordinance
which were granted or approved on or after September 4,
1985 shall be suspended pending a re-evaluation after the
expiration of this ordinance.
3. "Permitted Exclusions" shall refer only to the following
activities so long as they conform with the current provisions of
the Town of Tiburon municipal code and general plan:
A. additions and improvements to and uses of existing
buildings;
B. single lot splits;
c. construction of new single homes on single lots where a
final map was recorded and all approvals including design
review and a building permit were received before
September 4, 1985;
D. construction pursuant to a specific building permit where
the building permit was granted and construction
substantially commenced before the effective date of this
ordinance;
E. construction undertaken by or on behalf of the Town of
Tiburon on any public or private property limited to
construction of a new Town Hall and a new Fire House;
F. construction deemed necessary by the Town to preserve the
public health and safety or to abate a nuisance;
G. construction, maintenance and repair of public or private
roads, sanitary sewerage and drainage facilities;
H. reconstruction and repair of property damaged by fire,
earthquake, flood or other catastrophic occurrences.
4. Within a reasonable time following the effective date of this
ordinance, the Town Council shall undertake a study to determine
the incremental and cumulative impact of existing and additional
construction on the capacity of the streets, roads, highways and
intersections in the Town of Tibuon and leading to and from the
Town in order to establish controls for gradual growth in the
Town which would provide for new development that would not
exceed the capacity of the streets, roads, highways and
intersections at any time. Six months before this ordinance
expires the Town Council may extend the ordinance for one
additional year or such longer period of time as is necessary to
complete the study.
5. This ordinance shall become effective pursuant to Section
4013 of the California Election Code and shall remain in full
force and effect for two (2) years from the effective date.
6. No part of this ordinance shall be repealed or amended except
by a vote of the people.
7. If any provision of this ordinance or the application thereof
is held invalid, the invalidity shall not affect other provisions
or applications of the ordinance which can be given effect
without the invalid provision or application and to this end the
provisions of this ordinance are severable.
PASSED AND ADOPTED at the April 8, 1986 Tiburon Municipal
Election by the following vote:
YES: 1263
NO: 1034
ATTEST:
MANAGER/CLERK
ORDINANCE NO. 316 N.S.
AN ORDINANCE OF THE TOWN OF TIBURON AMENDING CHAPTER l4A
OF' THE TIBURON MUNICIPAL CODE CONCERNING DRAINAGE FEES
The Town Council of the Town of Tiburon does hereby
ordain as follows:
Section 1. Repeal. Sections l4A-3, l4A-4, l4A-4.l,
l4A-4.2, and l4A-4.3 of Chapter l4A of the Municipal Code of the
Town of Tiburon are hereby repealed.
Section 2. Addition. New Section l4A-3 is hereby added
to Chapter l4A of the Municipal Code of the Town of Tiburon as
follows:
"Sect. l4A-3. Belveron Watershed.
(a) Local drainage area designated. A drainage area,
to be designated as the Belveron Watershed, is hereby
created, to consist of all the territory shown on the local
drainage plan and map, composed of one or more parts, enti-
tled -Town of Tiburon, Belveron Gardens, Report on Prelimi-
nary Design of Drainage and Street Improvements", dated
April, 1985, prepared by Bala & Strandgaard, Civil and
Structural Engineers, such area being designated therein as
the "Belveron Watershed", and which plan is on file with the
town clerk.
(b) Cost. The estimated total cost of constructing the
local drainage facilities required by the plan for the Bel-
veron Watershed is six hundred five thousand one hundred
dollars.
(c) Future charges. All future subdivisions, or
divisions of land not defined as subdivisions, within the
Belveron Watershed shall be charged a drainage fee of two
thousand thirty-one dollars per acre. In the case of a
subdivision or other division containing five or more lots,
such drainage fee shall be paid by the subdivider to the
Town on or before the approval of the final map of such
subdivision: or the payment thereof shall be guaranteed in a
manner satisfactory to the Town. In the case of a subdivi-
sion or other division containing fewer than five lots, such
drainage fee shall be paid by the subdivider to the Town
prior to the recording of the final parcel map: or the pay-
ment thereof shall be guaranteed in a manner satisfactory to
the Town. Prior to the issuance of any building permit for
construction on a parcel of undeveloped property which is
not part of a subdivision for which a drainage fee has al-
ready been paid, there shall be paid to the Town a drainage
fee of two thousand thirty-one dollars per acre: provided,
-1-
that for any such parcel containing less than one acre, such
drainage fee shall be prorated at a rate of $0.046 per
square foot; but in no event shall such fee be less than one
thousand sixteen dollars. The drainage charges imposed by
this section shall be in addition to all other charges to be
made against the subdivision or parcel of property for
street improvements or other purposes."
Section 3. Addition. New Section 14A-4 is hereby added
to Chapter 14A of the Municipal Code of the Town of Tiburon as
follows:
"Sect. 14.4. Fee Increases.
The drainage fees set forth in Section 14A-3 may be
amended from time to time by Resolution of the Town Council,
if it finds that the estimated costs of constructing the
local drainage facilities required herein have increased,
and if it finds that such increased fees are consistent with
the findings set forth in Section 14A-2 of this Chapter."
Section 4. Effective Date. This Ordinance shall take
effect and be in force thirty days after its passage, and before
the expiration of fifteen 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 circu-
lation published in the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on March 5, 1986, by the following
vote:
AYES: COUNCILMEMBERS:
Bergmann, Coxhead, Smith,
Spratling
NOES: COUNCILMEMBERS:
None.
ABSENT: COUNCILMEMBERS:
Wilson
~~~~
VALERIE BERGMANN, MAY
Town of Tiburon
ATTEST:
RO GER/CLERK
-2-
ORDINANCE NO. 315 N.S.
AN ORDINANCE Of THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING THE TOWN'S ANIMAL CONTROL ORDINANCE
BY ADOPTING BY REFERENCE AMENDMENTS TO THE MARIN
COUNTY ANIMAL CONTROL CODE PERTAINING TO INCREASES
IN FEES FOR ANIMAL CONTROL SERVICES
The Town Council of the Town of Tiburon does hereby ordain
as follows:
Section 1. Amendment. The Animal Control Ordinance of
the Town of Tiburon, codified as Sections 20-1 and 20-2 of the
Tiburon Municipal Code, is hereby amended by incorporating by
reference amendments to Sections 8.04.050, 8.04.195, 8.04.150 and
8.04.220 of the Marin County Code, pertaining to increases in
fees for animal control services, as adopted by the Board of
Supervisors of the County of Marin in Ordinance No.
Section 2. 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 expiraton 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 February 19, 1986, by the
following vote:
AYES:
COUNCILMEMBERS: Bergmann, Coxhead, Smith,
Spratling, Wilson
NOES:
COUNCILMEMBERS: None.
ABSENT:
COUNCILMEMBE~ ~_~~
VALERIE W.~YOR
Town of Tiburon
ATTEST~d\7
R. L. KLEINER~NAGER/CLERK
ORDINANCE NO. 314
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A MASTER PLAN
FOR A DECK EXPANSION AT 9 MAIN STREET
WHEREAS, The Town Council of the Town of Tiburon does ordain
as follows:
Section I. Findings.
A. The Town Council (Council) of the Town of Tiburon has
received and considered a modification submitted by Main
Street Properties to expand the restaurant at 9 Main Street
by the addition of a 330 square foot deck.
B. The Council has found that the use could be in conformance
with the general intent of the Downtown Plan and the General
Plan of the Town of Tiburon, provided certain conditions and
modifications are applied to the use.
C. The Council has made affirmative findings consistent with
the standards required in Section 10-10 of the Tiburon
Zoning Ordinance, dealing with the PO (Planned Development
District) .
D. The Council has found this use to be categorically exempt
from the California Environmental Quality Act per Section
15101, Class la, Existing Facilities.
Section 2. Approval.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the
Town of Tiburon approves a Master Plan for a deck addition to the
existing restaurant at 9 Main Street subject to the following
conditions:
1. Applicant shall comply with all requirements of the County
Health Department and any other agency that regulates food
or alc9holic beverage establishments.
2. Any music or entertainment provided shall not be audible
beyond the perimeter of the building.
3. No alcoholic beverages served on the premises shall be
carried outside the building.
4. The building shall be inspected for conformance to the
Uniform Building Code and general soundness. Any
deficiencies noted shall be corrected in conjunction with
the building permit required for the remodeling of the
structure. All requirements of the Uniform Building Code
and the Building Official, including adequate ventilation,
shall be satisfied prior to the commencement of the use of
the area.
5. The use shall be subject to a review by the Town as directed
by the Town Council to determine if the conditions of
approval have been met. In the event it is determined the
conditions of approval are not being met, the Council may
direct reconsideration of the Master Plan and attach
additional conditions or the Master Plan may be revoked.
6. The applicant shall comply with all conditions of the
Tiburon Fire District.
7. Applicant shall secure all necessary approvals from BCDC
prior to occupancy of the outdoor seating for the
restaurant.
8. This Master Plan can be modified by applying for a use
permit under Section 21 of the Zoning Ordinance provided,
however, that the matter will be heard by the Planning
Commission with final action by the Town Council.
9. Applicant shall offer for dedication, for public rights of
access, the area on the lower level between the rear of the
existing building and the existing public access easement.
The Town will agree to allow a deck over the existing public
easement. All easement documents shall be approved by the
Town Attorney and recorded prior to the issuance of a
building permit for the deck construction.
10. There shall be no increase in the existing seating capacity
of the restaurant.
Section 3. Separability.
If any section, sentence, subsection, clause or phrase of
this Ordinance is for any reason held to be invalid or
unconstitutibnal by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the Ordinance. The Town Council of the
Town of Tiburon hereby declares that it would have passed this
Ordinance, any section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that anyone or more 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 its 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 5, 1986 by the following
vote:
AYES:
COUNCILMEMBERS:
Spratling, Wilson, Coxhead,
Smith, Bergmann
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
U~/l~
VALERIE W. BERGMANN, YOR
Town of Tiburon
ATTEST:
ORDINANCE NO. 313 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REPEALING ALL PROVISIONS OF THE TIBURON
MUNICIPAL CODE INCONSISTENT WITH THE PROVISIONS
OF AN EXISTING COMMUNITY ANTENNA TELEVISION AGREEMENT
The Town Council of the Town of Tiburon does ordain as
follows:
Section I. The Town of Tiburon has entered into an
agreement with Viacom Cablevision dated February 5, 1986,
authorizing Viacom Cablevision to provide community antenna
television services within the Town. All provisions of the
Tiburon Municipal Code inconsistent or in conflict with said
agreement are hereby repealed.
Section 2. This Ordinance shall go into effect thirty (30)
days after its adoption. Within fifteen (15) days after its
adoption, this ordinance shall be published once in The Ark, 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 5, 1986 by the following vote:
AYES: COUNCILMEMBERS:
Spratling, Wilson, Coxhead
Smith, Bergmann
NOES: ODUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
~w~j
Town of Tiburon
ATTE$~
R. L. KLEINERT, TOWN MANAGER/CLERK
~
ORDINANCE NO. 312 , N.S.
AN INTERIM URGENCY ORDINANCE EXTENDING AND FURTHER
AMENDING ORDINANCE NO. 307, N.S., PROHIBITING ANY
USES THAT MAY BE ~N CONFLICT WITH A CONTEMPLATED
GENERAL PLAN AMENDMENT AND ATTENDANT ZONING PROPOSALS
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858
The Town Council of the Town of Tiburon does hereby ordain
as follows:
Section 1: Ordinance No. 307 N.S., "An Interim Urgency
Ordinance Of The Town Of Tiburon Prohibiting Any Uses That May Be
In Conflict With A Contemplated General Plan Amendment And Atten-
dant Zoning Proposals Pursuant To California Government Code
S 65858", was adopted by the Town Council as an interim urgency
measure on October 16, 1985, under the authority of Government
Code section 65858.
Ordinance No. 309 N.S., "An Interim Urgency Ordinance
Extending Ordinance No. 307, N.S., Prohibiting Any Uses That May
Be In Conflict with A Contemplated General Plan Amendment And
Attendant Zoning Proposals Pursuant To California Government Code
S 65858", was adopted by the Town Council as an interim urgency
measure on November 26, 1985, under the authority of Government
Code section 65858. That Ordinance will expire by operation of
law on January 25, 1986, unless extended.
On December 18, 1985, and January 9, 1986, the Town
Council held public hearings after notice for the purpose of
determining whether to further extend Ordinance No. 307 N.S. and
to consider additional amendments thereto. Following the conclu-
sion of said hearings the Town Council determined to further
extend Ordinance No. 307 N.S. to and including January 8, 1987.
Section 2. The Town Council does hereby find that by rea-
son of the matters set forth in Section 3 of Ordinance No. 307
N.S., and further by reason of the information and data presented
by staff and obtained at public hearings conducted on December
18, 1985, and January 9, 1986, there continues to exist a current
and immedia,te threat to the public health, safety, or welfare
unless development within the Town of Tiburon is temporarily
restricted during the conduct of contemplated revision of the
General Plan and Zoning Ordinance. The Town Council further
finds that the approval of additional subdivisions, land use
permits, variances, grading and building permits, and other en-
titlements for land use within the Town at this time would result
in a threat to the public health, safety or welfare in that such
development may well conflict with provisions of the proposed
amendments to the General Plan and zoning Ordinance and/or other
mitigation measures which may be enacted as a result of studies
-1-
Final FODm - Approved/Adopted 1/9/86
referred to herein. Issuance of land use permits and entitle-
ments as described herein could well result in approval of
developments which would create further irreversible adverse
traffic impacts and which may well be inconsistent with density
and intensity of use amendments contained in the contemplated
General Plan and zoning amendments.
Section 3. Ordinance No. 307 N.S., as extended and amended
by Ordinance No. 309 N.S. is hereby extended to January 8, 1987,
and amended as herein set forth.
Section 4. Notwithstanding any other provisions of the
Tiburon Municipal Code or any other Ordinances or regulations of
the Town of Tiburon to the contrary, except as otherwise allowed
herein, no subdivisions, land use permits, building permits,
grading permits, or any other entitlement for use shall be
processed, approved or granted while this Ordinance remains in
effect. Provided, however, that the provisions of this section
shall not apply to the following:
(a) Building permits for repairs to or the remodeling
of existing public, commercial, and other non-residential struc-
tures when the Planning Director has determined that such work
will not result in a significant increase in the number of per-
sons employed in or visiting the building or generate a signifi-
cant increase in vehicular traffic;
(b) Change of one commercial activity to another
which generates substantially the same or less traffic;
(c) Conditional use permits and/or master and precise
plan approvals for new uses or changes of use in the PD zoning
district when the Planning Director has determined that such work
will not result in a significant increase in the number of per-
sons employed in or visiting the building or generate a signif-
icant increase in vehicular traffic;
(d) Parking lots which Town Council has determined
not to be in conflict with the purposes of this interim emergency
moratorium Ordinance, upon issuance of a conditional use permit;
(e) Sign permits;
'(f) Lot line adjustments modifying the boundary be-
tween two existing legal lots;
land;
(g) Lots splits creating not more than two parcels of
(h) Additions, repairs, replacement of, and other
improvements to existing residential structures, and building
permits required in connection therewith.
(i) New single family homes on legal lots within
existing subdivisions in which substantial construction of at
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least one (1) home has commenced prior to the date of adoption of
this Ordinance, and building permits required in connection
therewith;
( j )
water tanks;
Permits for the construction and installation of
(k) Grading relating to accessory activities on
existing residential lots (e.g., swimming pools, tennis courts,
accessory buildings, or the like);
(1) Variances related to subparagraphs (a), (h), (i)
and (k) in this section;
(m) Improvements undertaken by or on behalf of the
Town of Tiburon or any public agency or district, for public use,
on any public or private property, including but not limited to
construction of a new Town Hall and/or a new firehouse and
issuance of any land-use entitlements in connection therewith;
\
(n) Construction deemed necessary by the Town Council
to preserve the public health and safety or to abate a public
nuisance, and building permits issued pursuant thereto;
(0) Construction, maintenance, and repair of public
or private roads, public utilities, sanitary sewage, and/or
drainage facilities;
(p) Reconstruction and repair of property damaged by
fire, earthquake, flood, or other catastrophic occurrences;
(q) Second Dwelling Units, upon approval of a use
permit by the Town Council.
Section 5: with regard to any land use/development pro-
ject(s) under review by Tiburon Town Staff on the date of adop-
tion of this Ordinance, no further processing of said applica-
tion(s) shall occur and no further improvements shall be install-
ed on or off the site of said real property, and no building
permits shall be issued in connection with said project unless
all of the following criteria shall have first been met:
(a) The subject land use/development project proposes
ten (10) or fewer units to be built;
(b) The subject land use/development project does
not, when combined with other permitted development projects and
projects that have been previously processed pursuant to the
provisions of this Ordinance:
i) increase the cumulative vehicle trips on any
collector street by more than one hundred (100) trips per day;
ii) increase the cumulative vehicle trips on any
-3-
collector street by more than ten percent (10%) above the then
existing conditions on said street;
iii) cumulatively increase traffic on Tiburon
Boulevard, Trestle Glen Boulevard, or Paradise Drive by more than
ten percent (10%) above the then existing conditions on said
public streets;
iv) cumulatively reduce the level of service at
any intersection on Tiburon Boulevard, Trestle Glen Boulevard, or
Paradise Drive below average Level of Service C, with no turning
movement below Level of Service D, or, alternatively, causes
greater than one hundred (100) trips per day at any intersection
on said streets operating below said Level of Service and/or
causes greater than thirty (30) trips per day on any collector
street that intersects with any intersection operating below said
Level of Service.
Level of Service shall be calculated for the peak hour
period using the Highway Capacity Manual, Special Report 209,
Transportation Research Board, Washington, D. C., 1985. Trip
generation calculations needed to be calculated pursuant to the
provisions of Section 5 herein shall be made utilizing the
Institute of Transportation Engineers, Trip Generation, 3rd Ed.,
1982, CalTrans District No. 04, 15th Progress Report on Trip
Generation Research Counts, December 1983, and/or local studies.
"Collector streets", as used hereinabove, are defined
as those collector streets shown on the Town Master Plan of
streets and Highways contained in the Circulation Element of the
Tiburon General Plan.
"Permitted development" means those structures that
have building permits issued prior to the adoption of this
Ordinance.
Development projects/land use applications satisfying
each of the criteria listed above in Section 5 may apply for
building permits subject to the requirements of Section 7 herein-
below.
Section 6: Development projects/land use applications
which have recorded final maps and completely installed subdivi-
sion improvements, sufficient to qualify for issuance of a Cer-
tificate of Completion, but which, as of the date of adoption of
this Ordinance, have no homes constructed in said subdivision,
may apply for building permits subject to the requirements of
Section 7 hereinbelow.
Section 7: The total number of housing units qualifying
under the provisions of Sections 5 and 6 hereinabove, shall be
limited to an annual rate of no more than one and one-quarter
percent (1.25%) of the total number of housing units in the Town
of Tiburon (presently 38 units), or such other lesser rate as may
-4-
be established by the Town Council following the conduct of
public hearings in connection with the contemplated revisions to
the Tiburon General Plan and Zoning Ordinance. Such limited
number of housing units shall be allocated in a manner and on a
basis to be specified by the Town Council following public
hearings to be conducted during the time period in which this
Ordinance shall be in full force and effect.
Provided, however, that permits for residential con-
struction for .development projects qualifying under Sections 5
and 6 hereinabove shall be issued if, and only if, the cumulative
traffic generated by existing development, permitted development,
and the proposed building permits issued from and after the date
of adoption of this Ordinance, including all permits granted
under section 4 hereinabove, would not cause the standards set
forth in Section 5 hereinabove to be exceeded.
Section 8. Any determination made by the Planning Director
concerning the issuance of permits described in Section 4 (a) and
(c) may be appealed to the Tiburon Town Council. The decision of
the Town Council on hearing any said appeal shall be final.
The time specified in Government Code S 65950 to ap-
prove or disapprove development projects shall not be enforced
during the period in which this Ordinance shall be in force and
effect.
Section 9. This Ordinance is adopted pursuant to the fore
going mentioned California Government Code section 65858 and is
hereby declared to be an urgency measure necessary for the needed
preservation of the public peace, safety or welfare and shall be
in force and effect immediately upon its adoption. within fif-
teen (15) days after adoption, this Ordinance 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.
Section 10. If any section, subsection, sentence, clause
or phrase of this Ordinance is for any reason held invalid, such
decision shall not affect the validity of the remaining portions
of this Ordinance. The Town Council hereby declares that it
would have adopted this Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that
anyone or 'more sections, subsections, sentences, clauses or
phrases may be declared invalid.
III
III
III
III
-5-
,
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of T i buron he ld on the 9 th day of January , 1986,
by the following vote:
NOES: Councilmembers:
Spratling, Wilson, Coxhead, Smith,
Bergmann
None
AYES: Councilmembers:
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
None
APPROVED:
CL~~
VALERIE BERGMANN, Ma or
Town of Tiburon
~&:Q
R. L. KLEINERT, Town Clerk/Manager
-6-