HomeMy WebLinkAboutTC Res 1988 (July thru December)
RESOLUTION NO. 2572
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CREATING RESTRICTED
PARKING AND NO PARKING BETWEEN 11:00 P.M.
AND 7:00 A.M. AT THE DONAHUE BUILDING
WHEREAS, the Town of Tiburon has entered into an
Agreement with the Point Tiburon Condominium
Associations regarding the use of the Donahue Building;
and
WHEREAS, all parties have agreed that the parking
bays located adjacent to the Donahue Building shall be
used only by individuals utilizing the Donahue Building
in accordance with said Agreement, and that parking
will be prohibited between 11:00 P.M. and 7:00 A.M.
NOW, THEREFORE, BE IT RESOLVED by the Town Council
of the Town of Tiburon that in accordance with
Ordinance No. 55 signs shall be posted as follows:
1. The parking at the Donahue Building is
reserved for official use.
2. No parking between 11:00 P.M. and 7:00 A.M.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on December 21,
1988 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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..~~ J. 'D~~OR
Town (-o-f. Tiburon
ATTEST:
MANAGER/CLERK
RESOLUTION NO. 2571
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
THE FINAL MAP FOR LA CRESTA UNIT II
RE-SUBDIVISION OF LOTS 22-26
RECITALS
A Final Map for the La Cresta Unit II re-subdivision
has been submitted proposing lot line adjustments to Lots
22-26.
The Final Map has been examined by the Town Engineer and
returned to the Town Clerk as required in Section 14.36 of
the Tiburon Subdivision Ordinance.
The Town Engineer has determined that the Final Map is in
substantial compliance with the approved Tentative Map.
APPROVAL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does approve the Final Map for the La
Cresta Unit II re-subdivision of Lots 22-26.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on December 7, 1988 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
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LAWREN,ei.d. . DUKE, MAYOR
Town of Tiburon
ATTEST:
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R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2570
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ADOPTING A
TOWN INVESTMENT POLICY STATEMENT
FOR FISCAL YEAR 1988-89
WHEREAS, State of California Assembly Bill 1073,
Chapter 1226 amends the Government Code Section 53646 (a)
relating to public moneys to require "The Treasurer or
Fiscal Officer shall annually render to the legislative body
of the local agency a Statement of Investment Policy".
WHEREAS, AB 1073 also requires monthly reporting of
agency investments, Section 53646 (b) provides that the
Treasurer or Fiscal Officer shall render a monthly report to
the Chief Executive Officer and legislative body of the
local agency showing the type of investment, institution,
date of maturity, amount of deposit and rate of interest.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does hereby adopt an Investment Policy
Statement, and direct the Town's Finance Director to submit
a monthly investment statement to the Town Manager and Town
Council effective December 1988.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on December 7, 1988 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
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""~--'" LAWRENci/~ / D~E, MAYOR
Town of"Tiburon
ATTEST:
R. L. KLEINE T, TOWN MANAGER CLERK
TOW N 0 F T I BUR 0 N 1155 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435-0956
STATEMENT OF INVESTMENT POLICY
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RESOLUTION NO. 2569
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE APPLICATION FOR A
CONDITIONAL USE PERMIT TO ALLOW ESTABLISHMENT
OF A SECOND UNIT AT 2060 CENTRO EAST
WHEREAS, the Tiburon Town Council does resolve as
follows:
Section 1. Findings
A. The Town Council (Council) has received and considered
the Conditional Use Permit application submitted by Tom
and Mary Ann Young, owners, to allow establishment and
legalization of a second dwelling unit at 2060 Centro
East.
B. The application for a conditional use permit consists of
the following:
1. Application dated September 12, 1988.
C. The Council has considered the Planning Commission's
action recommending denial of the request.
D. The Council has reviewed the application and finds that
so long as the conditions of approval are in compliance:
1. The proposed use is in conformance with the intent
of the General Plan of the Town of Tiburon.
2. The proposed use is in conformance with the intent
of Section 18.1 - Secondary Dwelling Units - of the
Tiburon Zoning Ordinance.
3. The Town Council has made affirmative findings
consistent with the standards required in Section
18.1 (Secondary Dwelling Units), and Section E
(Grant of Use Permit - Required Findings) of the
Tiburon Zoning Ordinance.
4. This project is categorically exempt per section
,15103, Class 3, of the California Environmental
Quality Act.
E. That under Section 18.1 E. 11. of Ordinance No. 282 N.S.
each of the four findings have been established based
upon substantial evidence in the record.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon approves the Conditional Use Permit,
subject to the following conditions:
1. The second unit must be located within the existing
structure on the same lot or parcel on which the owner
of record maintains his principal place of residence.
2. The second unit does not now and will not in the future
cause excessive noise, traffic congestion, parking
congestion or overloading of public facilities, or
unduly interfere with existing privacy or views of
neighboring homeowners.
3. The proposed second unit shall meet all existing
Building Codes.
4. The applicant shall make application for and receive a
Building Permit prior to beginning any construction.
5. Applicant shall receive from the Building Department an
approved address for the second unit and shall have the
address marked plainly and legibly from the street
within 30 days from approval.
6. The applicant shall submit the appropriate fee for
recordation of the approved Use Permit with the County
of Marin within 30 days from approval.
7. The approved second unit is a maximum of 693 square
feet; no additional square footage is allowed without
amending the Use Permit.
8. The second unit is to be occupied by no more than two
persons.
9. The owner of record of the property upon which the
second unit is located shall consent to an annual review
of this conditional use permit and shall verify in
writing that the second unit is still in compliance with
all conditions of the use permit.
10. The existing parking deck is to be used by no more than
two vehicles.
11. Smoke detectors shall be required in both units.
12. App~icant shall be required to record a Certificate of
Zoning Compliance within 30 days of approval. Said
certificate shall state that the Town of Tiburon
recognizes one single family dwelling on the property
(not a duplex) and that the secondary unit is allowed
under an annually reviewed use permit only.
13. Applicant shall receive Board of Adjustments & Review
approval for any redesign of the dwelling and in the
course of reviewing application, Board of Adjustments &
Review shall take such steps as necessary to assure the
applicant cannot create a third unit at any point in the
future.
14. This approval shall not become effective until a
Certificate of Occupancy is issued and the applicants
have moved into the dwelling.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on December 7, 1988 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry
NOES: COUNCILMEMBERS: Duke
ABSENT: COUNCILMEMBERS: Shaw
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LAWRE C J. DUKE, MAYOR
Town of Tiburon
ATTEST:
R. L.
RESOLUTION NO. 2568
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING AN AMENDMENT
TO THE HEXAN PRECISE PLAN SPECIFICALLY
PERTAINING TO LOT 6 (10 CIBRIAN DRIVE)
The Tiburon Town Council does resolve as follows:
Section 1. Findings
1. On April 6, 1983, the Town Council adopted Resolution
No. 2095 approving the Hexan Development Precise
Plan/Tentative Map.
2. On April 3, 1985, the Town Council adopted Resolution
No. 2296 amending the Hexan Development Precise
Plan/Tentative Map.
3. An application has been received from Alfred and Diane
Dovbish requesting an amendment to the Precise Plan for
Lot 6 to delete a portion of the primary building
envelope in order to extend the primary envelope into a
portion of the existing secondary building envelope. The
Planning Commission has held a public hearing and voted
unanimously to recommend approval of the Precise Plan
Amendment.
4. The Town Council has reviewed the application and, after
holding a public hearing and receiving testimony from
the public, finds that the benefits from improved
privacy outweigh any negligible loss of view which might
occur from the Precise Plan Amendment, and further finds
that changes in off-site circumstances have occurred
since adoption of the Hexan Precise Plan which warrant
the amendment.
5. The project is categorically exempt from CEQA per
Section 15305.
6. The amendment to the Precise Plan is as shown on
attached plans designated "Exhibit A".
Section 2. Approval
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does hereby approve the Precise Plan
amendment for Hexan Subdivision Lot 6 (10 Cibrian Drive)
subject to the following conditions:
1. The amendment shall be only that shown on the attached
Exhibit A.
2. All other conditions of Ordinance No. 267, Resolution
No. 2095, and Resolution No. 2296 shall apply.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on December 7, 1988 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
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LAWRE~~"~. DUKE, MAYOR
Town {o.f" T lburon
ATTEST:
At~
R. L~. KLEINERT, TOWN MANAGER/CLERK
---
RESOLUTION NO. 2567
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON MODIFYING ASSESSMENT 33
GILMARTIN DRIVE REFUNDING DISTRICT NO. 1987-3
The Town Council of the Town of Tiburon resolves:
On October 7, 1987, this Council approved a
Reassessment Report for Gilmartin Drive Refunding District
1987-3, Town of Tiburon, Marin County, California, which
Report reassessed Assessment No. 33 (Assessor's Parcel No.
55-251-39) in the amount of $12,290.00.
Following bond delivery for the Gilmartin Drive
Refunding District 1987-3, bond counsel was advised by the
County of Marin that Assessment 33 was paid off in full in
August 1984, and that the amount of the payoff has been
transmitted to the Town of Tiburon.
This Council hereby finds that Assessment 33 was
reassessed erroneously in Gilmartin Drive Refunding District
1987-3, and directs that the Reassessment Report be changed
in red ink by the Superintendent of Public Works to reflect
the amount of Assessment 33 as $0.00. This Council directs
that the Town Clerk file a Notice of Discharge of Lien with
the Marin County Recorder's office to reduce the lien
against Reassessment 33 to $0.00.
Using the funds on hand from the payoff of Assessment
33, bond counsel will conduct a bond call on March 2, 1989,
to reduce the amount of the bond issue to coordinate more
closely with the amount of the Reassessment spread.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on December 7, 1988 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Mayberry,
Logan, Duke
COUNCILMEMBERS: None
COUNCILMEMBERS: Shaw
NOES:
A~SENT:
ATTEST:
R. ((~ LERK .
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LAWRE:NeE /0. UKE, MAYOR
Town //<J..t -1' iburon
RESOLUTION NO. 2566
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE APPLICATION
FOR GRANT FUNDS FOR THE PER CAPITA GRANT
PROGRAM UNDER THE CALIFORNIA WILDLIFE,
COASTAL AND PARK LAND CONSERVATION ACT OF
1988 FOR DEVELOPMENT AND UPGRADE OF
PARKLANDS IN THE RICHARDSON BAY LINEAL PARK
WHEREAS, the people of the State of California have enacted
the California Wildlife, Coastal, and Park Land Conservation Act
of 1988, which provides funds to the State of California and its
political subdivisions for acquiring and/or developing facilities
for public recreational and open space purposes, and
WHEREAS, the State Department of Parks and Recreation has
been delegated the responsibility for the administration of the
program within the state, setting up necessary procedures
governing application by local agencies under the program, and
WHEREAS, said procedures established by the State Department
of Parks and Recreation require the applicant to certify by
resolution the approval of application before submission of said
application to the state, and
WHEREAS, said application contains assurances that the
applicant must comply with, and
WHEREAS, the applicant will enter into an agreement with the
State of California for acquisition or development of the
project,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby:
1. Approves the filing of an application for the Per Capita
Grant Program under the California Wildlife, Coastal and
Park Land Conservation Act of 1988 state grant assistance
for the above project; and
2. Certifies that said applicant understands the assurances and
certification in the application form; and
3. Certifies that said applicant has or will have sufficient
funds to operate and maintain the project; and
4. Appoints the Town Manager as agent of the Town of Tiburon
to conduct all negotiations, execute and submit all
documents including, but not limited to applications,
agreements, amendments, payment requests and so on, which
may be necessary for the completion of the aforementioned
project.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on November 16, 1988 by
the following vote:
AYES: COUNCILMEMBERS: Coxhead, Mayberry, Shaw, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Logan
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LAWR~;. DUKE, MAYOR
Town of Tiburon
ATTEST:
R.~~ANAGER/CLERK
RESOLUTION NO. 2565
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING WITHOUT PREJUDICE
A TENTATIVE MAP SUBMITTED BY HELMUT AND
HEIDI SOMMER PROPOSING THE CREATION OF
THREE PARCELS ON HILLCREST ROAD
WHEREAS, the Town Council of the Town of Tiburon
does resolve as follows:
Section 1. Findings.
A. Helmut and Heidi Sommer have submitted a
Tentative Map for a three lot minor subdivision to
create three building sites.
B. The application for Tentative Map approval
consists of the following:
1. Application received June 15, 1988.
2. Environmental information form received
June 15, 1988.
3. Full size Tentative Map dated June 8, 1988
by Ray Foreaker.
4. Supplemental grading and geotechnical
plans.
Section 2. Denial.
NOW, THEREFORE, BE IT RESOLVED that the Tentative
Map described herein is hereby denied for the following
reasons:
1. The Town of Tiburon is currently operating
under a General Plan extension letter from the Office
of Planning & Research (OPR). Said letter requires
that the Town not approve projects which are not
consistent with the proposed plan if said applications
were submitted subsequent to December 1, 1987.
2. In the opinion of the Town Attorney, the terms
of the Qffice of Planning & Research letter apply to
the Sommer subdivision application. Therefore, the
Town may not approve the application during the term of
the OPR extension.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on November 16,
1988 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Shaw, Mayberry,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Logan
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LAWRE C . DUKE,
Town of Tiburon
ATTEST:
;@(&r-
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2564
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON APPROVING THE
AGINS VESTING TENTATIVE MAP AND PRECISE PLAN
AND AMENDMENT TO AGINS MASTER PLAN
BE IT RESOLVED by the Town Council of the Town of
Tiburon as follows:
Section 1. Findings
Part I - General.
1.A. Applicants, Donald and Bonnie Agins, have
heretofore submitted a Master Plan to develop a parcel of
approximately 5.1 acres of land bordering Gilmartin Drive in
the Town of Tiburon. The Master Plan as originally
submitted by applicants proposed a development of 4
residential lots on the site. The Master Plan was approved
for a total of 3 lots on the site by the Town Council in
Ordinance No. 245 N.S., adopted on June 17, 1981. The
Master Plan was subsequently amended by the Town Council in
Ordinance No. 273 N.S., adopted on August 3, 1983.
1.B. In connection with approval of Ordinance No. 245
N.S., applicants also submitted an application to subdivide
their property into 3 lots. That application and a Precise
Plan and Tentative Map for the Agins subdivision was
approved by the Town Council on November 18, 1981, by
adoption of Resolution No. 1186. The Precise Plan
thereafter was modified by the Town Council on August 3,
1983, by adoption of Resolution No. 2154.
1.C. Applicants have now submitted a Precise Plan and
Vesting Tentative Map to further subdivide Lots 1 and 3 on
their property (as shown on the original Subdivision Map
approved in Resolution No. 1186) into 3 lots which, if
approved as proposed, would create a total of 4 lots on the
property which is subject to the original approved Master
Plan. The purpose and effect of this subdivision is to
approve on the Agins property substantially the same project
that applicants originally proposed when they first
submitted their Master Plan for the property.
1.D. Applicants' present submittal is more
particularly described as the Vesting Tentative Map, Lands
of Donald W. & Bonnie G. Agins, dated March, 1988, prepared
by Hoffman & Albritton, and further includes a conceptual
plan identified as Exhibit A, Conceptual Improvement Plan,
Agins Subdivision, dated March, 1988, also prepared by
Hoffman & Albritton.
I.E. The Planning Commission held a duly noticed
public hearing on October 12, 1988, for the purpose of
reviewing the applications for a Precise Plan and Vesting
Tentative Map submitted by applicants and receiving comments
and recommendations from the public. The Planning
Commiss~on recommended approval of the applications.
Part II - Need for Additional or Supplemental EIR.
2.A. An Environmental Impact Report (EIR) was prepared
in November of 1980 for the Agins and Del Madera
2
developments, and such EIR was carefully reviewed by the
Planning Commission and Town Council and certified by the
Town. The EIR has been considered by the Town Council in
making a decision on these applications.
2.B. The subdivision of Lots 1 and 3 (as shown on the
original Subdivision Map approved in Resolution No. 1186),
as proposed by applicants, is substantially the same project
as was reviewed in the EIR. Any changes in the presently
proposed project from that which was studied in the EIR are
minor and will not require any major revisions to the EIR.
The Town has also received a study prepared by a profession
botanist, confirming that the botanical resources on the
site are substantially the same as those studied in the EIR.
2.C. Planning staff, the Planning Commission and the
Town Council have studied the EIR and applicants'
applications for a Precise Plan and Vesting Tentative Map,
as well as applicants' related applications to amend the
original approved Master Plan and the Precise Plan as
originally approved, and have determined that the EIR
adequately and substantially addresses all potential
environmental impacts of the proposed development. There is
no evidence that substantial changes have occurred with
respect to the circumstances under which the project is
being undertaken which require major revisions to the EIR,
nor has any new information become available since the EIR
3
was certified as complete which would require substantial
revision to the EIR as it relates to the subject property.
Part III - Environmental Impacts.
3.A. The EIR identifies 3 environmental effects of the
project (as studied in the EIR) as potentially significant
adverse impacts. Based upon consideration of the EIR and
information in the applications presented by the applicants,
and upon other information presented to the Town Council by
the Planning staff and others, the Town Council hereby makes
the following findings in accordance with Section 21081 of
the California Public Resources Code and Sections 15091-
15093 of the CEQA Guidelines:
3.B. Hydrology and Storm Drainage. The EIR indicates
that development of the project would result in a minor,
cumulative increase in peak-flood flows. This increase
could aggravate certain existing drainage problems in the
Rock Hill Watershed. Mitigation measures, including payment
of a "fair share" of necessary off-site improvement costs,
was imposed upon the project at the time the original
Subdivision Map was approved in Resolution No. 1186. The
Council further finds that the mitigation measures
recommended in the EIR and originally incorporated into the
project are feasible and will provide a comparable level of
mitigation to the reduction or elimination of lots.
3.C. Visual Impacts and Open Space. Changes and
mitigation measures have been incorporated into the project
4
which avoid or substantially reduce the potential visual
impact of the project, which is identified in the EIR.
The EIR specifies that the most significant adverse
visual impacts of the project as studied in the EIR were in
Lots 1 and 2, as shown on the original Subdivision Map
approved in Resolution No. 1186. The effect of approving
the presently proposed Vesting Tentative Map and Precise
Plan would be to reinstate the lot originally designated as
Lot 4 in the project reviewed in the EIR; it does not appear
that the visual impact of this lot was considered a
significant adverse impact in the EIR.
The proposed conditions of approval for the proposed
Vesting Tentative Map and Precise Plan nevertheless
incorporate mitigation measures recommended in the EIR with
respect to visual impacts and impacts on open space,
including a requirement that grading be minimized to the
extent possible and that building materials for residences
and supporting structures be of natural materials and/or
colors to blend with the nature landscape. Conditions of
approval incorporated by reference into the present approval
of the Vesting Tentative Map and Precise Plan further
provide that landscaping, including native plant species,
should ,be used to buffer views of the new development from
existing residences.
Notwithstanding the mitigation measures incorporated
into the project, some level of visual impact and impact on
5
open space is unavoidable because any development will limit
to some degree the amount of open space available on the
site. Taken together with other unavoidable impacts
identified in the EIR, the cumulative level of unmitigated
adverse impact could be significant; while any such impact
may have an adverse impact upon the general welfare, it
would not constitute an adverse impact upon the public
health or safety. Therefore, this impact is addressed in
Section 3.H. of this resolution.
3.D. Vegetation and Wildlife. Changes and mitigation
measures have been incorporated into the project which avoid
or substantially reduce the potential adverse impact upon
vegetation and wildlife.
The EIR identifies the potential loss of serpentine
grassland on the site as a significant adverse impact. The
EIR specifies, however, that the most significant adverse
impacts of the project on the serpentine grasslands and
other sensitive flora on the site were on the lots
identified as Lots 1 and 2 (as shown on the original
Subdivision Map), which have already been approved. The
effect of approving the presently proposed Vesting Tentative
Map and Precise Plan would be to reinstate the lot
designated as Lot 4 in the project reviewed in the EIR; it
does not appear that the impacts of this lot on the
serpentine grasslands and other flora or ecological
resources were considered a significant adverse impact in
6
the EIR. The Council also finds that any potentially
significant impact of the project on vegetation and wildlife
is significantly mitigated by the fact that the entire
project will include only 4 residential lots on a parcel of
5.1 acres. The Council further acknowledges that further
botanical studies prepared since the EIR was certified
(which studies have been provided to the Planning staff)
support the determination that the impact on serpentine
grassland communities and other sensitive flora on the site
is no greater than suggested in the EIR.
Some level of damage to existing vegetation and
wildlife is inevitable whenever development occurs. Taken
together with other unavoidable impacts identified in the
EIR, the cumulative unmitigated adverse impact could be
significant; however, while any such impact might adversely
affect general welfare, it would not constitute an adverse
impact upon public health or safety. Therefore, this impact
is addressed in Section 3.H. of this resolution.
3.E. Other Impacts. The EIR identifies other
potentially adverse impacts of the project, including
impacts on archeology, fiscal matters, traffic, climate and
air quality, water supply, sewage collection and treatment,
fire and police protection, and energy consumption and
conservation. None of these impacts is identified as
significant, and mitigation measures have been incorporated
7
been incorporated into the project which considerably reduce
the adverse impacts identified in the EIR.
3.H. statement of Overriding Considerations. In
accordance with Public Resources Code Section 21081 and
Section 15093 of the CEQA guidelines, the Town Council
hereby adopts statements of overriding considerations with
respect to each significant effect identified in the EIR
which may not be substantially mitigated or reduced to
insignificance as a result of the mitigation measures
incorporated into the project. The reasons for the
Council's determination that the benefits of the proposed
project outweigh the unavoidable adverse environmental
effects such that the remaining environmental impacts are
acceptable are as follows:
1. A lawsuit filed by applicants against the Town is
pending. In this lawsuit, applicants raise
numerous issues in connection with initiative
Ordinance Measure C (Ordinance No. 317), which was
adopted by the electorate and became effective on
April 26, 1986. If the terms and conditions of
the Stipulated Settlement in Agins v. Town of
Tiburon, Marin County Superior Court No. 129199,
are met, including approval of the proposed
applications, the lawsuit will be dismissed. This
case, along with cases filed by other landowners
involving challenges to initiative Measure C, have
9
caused the Town to incur very substantial
attorney's fees. The expenditure of these fees by
the Town to defend Measure C has had a substantial
adverse effect on the Town's financial status.
Settlement of the applicants' lawsuit will benefit
the Town because of the substantial savings the
Town will realize by avoiding future attorney's
fees which would otherwise result if the cases
were to continue.
2. The Town further notes the need for housing in the
community and the region in which Tiburon is
located, and the desirability of approving
residential development where such development
does not pose a threat to public health or safety.
Part IV - Consistency with General Plan and Zoning.
4.A. Applicants have proposed a residential project
which is substantially compatible with surrounding
neighborhoods. The proposed Vesting Tentative Map and
Precise Plan would subdivide two existing lots into three,
thereby creating on the site a total of four lots on the
applicants' original 5.1-acre parcel. The EIR discusses in
considerable detail the conformity of the project to the
Genera1 Plan and zoning ordinance, and concludes that the
project, as studied in the EIR, is substantially consistent
with all relevant objectives of the General Plan. The
Council further acknowledges, in connection with the
10
compatibility of the project with the Circulation Element,
that the extension of Gilmartin Drive has limited traffic on
Round Hill Road and thereby mitigated any perceived
conflicts between development on the applicants' property
and the policies of the Circulation Element. The Planning
Director has likewise studied the conformity of the Vesting
Tentative Map and Precise Plan with the zoning ordinance and
the General Plan, and his analyzes and conclusions have been
provided to the Council in the form of Staff Reports and in
testimony during public hearings before the Council.
4.B. Based upon the information contained in the EIR
and provided by the Planning Director, and upon other
information submitted to the Council (including the findings
of the Planning Commission and the evidence submitted to the
Planning Commission and the Council), the Council finds that
the project, as proposed, substantially conforms with the
provisions of the General Plan and zoning ordinance.
Part V - Consistency with Subdivision Map Act.
S.A. The Council finds that the applicants' proposed
Vesting Tentative Map is consistent with applicable
requirements of the Town General Plan, for the reason set
forth in Part IV of this resolution. The design of and
improvements in the project are also consistent with the
General Plan, and the proposed conditions of approval have
left various aspects of the design and improvement plan to
approval by the Town so as to ensure such consistency.
11
5.B. The site of Lots lA, 1B and 1C is physically
suited to the type and density of development proposed by
applicants. The area is designated as suitable to
residential development under the Town's zoning ordinance,
and the entire area (as originally proposed by applicants in
the original Master Plan) will result in a density of only 4
residential units on a 5.1-acre site.
5.C. For the reasons described in Part III of this
resolution, the design of the project and the proposed
improvements are not likely to cause substantial
environmental damage or avoidable injury to fish or wildlife
or their habitats. Environmental impacts identified in the
EIR can be mitigated to a considerable degree, and those
which can not be fully avoided do not constitute adverse
threats to public health or safety or severely reduce
vegetation or wildlife habitats.
5.0. The design of the project and improvements
proposed are not likely to cause serious public health
problems, for the reasons described in Part III and
Section 5.C. of this resolution.
5.E. The design of the project and the type of
improvements proposed by applicants will not conflict with
easements, acquired by the public at large, for access
through or use of the property proposed for development.
The Town's determination to extinguish an existing easement
across Lot 3 (as shown on the original Subdivision Map
12
approved in Resolution No. 1186) reflects a decision to
modify a condition of approval previously imposed; such
extinguishment is not by itself necessary to accommodate
construction on the new residential lot being created
pursuant to the Vesting Tentative Map.
*
*
*
Based upon the foregoing findings and all information
gathered from the applications, the evidence submitted to
the Planning Commission and the Town Council and the public
hearings conducted by the Planning Commission and the Town
Council in connection with the applications, the Town
Council hereby approves the Precise Plan and Vesting
Tentative Map proposed by applicants, subject to the
conditions set forth in Section 2 hereinafter.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
hereby approves the Precise Plan and Vesting Tentative Map
for the Agins' property, subject to the following terms and
conditions:
1. The Council approves the subdivision of the
Property and the development of 3 residential building sites
as shown on the map identified as "Vesting Tentative Map,
Lands of Donald W. and Bonnie G. Agins," dated March, 1988,
prepared by Hoffman & Albritton (the "Map").
2. All previously adopted conditions of approval for
the Agins subdivision shall remain in full force and effect
13
as specified in Town Ordinance No. 245 N.S., as amended by
Ordinance No. 273 N.S., and Town Resolution No. 1186, as
amended by Resolution No. 2154, except to the extent
inconsistent with this approval or as otherwise modified
herein, and all such conditions of approval shall be deemed
incorporated herein by reference except to the extent
inconsistent with this approval or any conditions of
approval set forth herein.
3. The building envelope for Lot No. 1B as shown on
the Map shall have a minimum ten-foot (10') setback from any
adjacent publicly-owned open space, and fifteen-foot (15')
setback from any adjacent private property.
4. Reconfigured Lot No. 1C as shown on the Map shall
have a ten-foot (10') setback from any adjacent publicly-
owned open space, and such lot and Lot No. 1B shall both
have a minimum parcel area of not less than 30,000 square
feet.
5. The easement across Lot No. 3 as shown on the
original Subdivision Map approved by the Town in Resolution
No. 1186 is hereby extinguished, and any funds or other
consideration deposited by the Agins or any security
instrument posted in connection with creation or development
of such easement shall be promptly returned to applicants.
The Map, as recorded, may indicated the extinguishment of
such easement across Lot No. 3 as shown on the original
Subdivision Map approved in Resolution No. 1186. The
14
dedicated open space shown on the Map is the same open space
dedicated on the original Subdivision Map previously
approved by the Town.
6. The Town hereby agrees that the following
amendments may be made to the CC&Rs for the subdivision:
(a) The prohibition contained in the present
CC&Rs on lot splits or re-subdivision may be removed;
(b) The prohibition contained in the present
CC&Rs on erection of fences or property line plantings
may be removed;
(c) The present conditions set forth in the CC&Rs
dealing with design review by the Homeowner's
Association may be amended or deleted so long as said
provision clearly recites that all requests for design
approval of a single family residence must be reviewed
and approved by the Town's Board of Adjustments and
Review or any other appropriate Town reviewing body;
(d) The current provisions of the CC&Rs regarding
plumbing restrictions may be amended or deleted so long
as any and all modifications or changes satisfy all
conditions of approval required by the MMWD; and
(e) Any provision of the present CC&Rs which is
necessary or desirable in connection with the further
subdivision of the property in accordance with this
approval, or is otherwise consistent with the
conditions of approval set forth herein, may be made
15
provided they are approved by the Town Attorney (unless
such amendments are permitted under the CC&Rs without
the Town's consent, in which event the Town Attorney's
approval shall not be required).
7. The Town hereby waives any claim for fees in
connection with processing of the applications for further
subdivision of the property (including the applications for
modification of the Master Plan and of the original Precise
Plan approved by the Town), or the approvals granted herein,
and any fees which may be chargeable in connection with any
re-assessment of the property or of any other part of the
Gilmartin Drive Assessment District. The Town also waives
any claim to payment of any additional drainage fees or
other charges for off-site drainage improvements, it being
acknowledged that adequate charges were imposes at the time
the Agins subdivision was originally approved.
8. The provisions of paragraph l(e) of Resolution
No. 1186 approving the Precise Plan and Tentative map for
the Agins property, insofar as they prohibit installation of
fences upon lots located in the Agins subdivision, are
hereby rescinded and deleted.
9. All lots contained in the subdivision (including
Lot 2 as shown on the original Subdivision Map approved by
the Town in Resolution No. 1186) shall be granted access
from a private driveway. At the applicants' request and if
necessary or desirable to provide access or utilities to the
16
subdivided lots, the Town shall acquire an easement over the
private driveway across Lot 2 as shown on the original
Subdivision Map for the purpose of providing access and
public utilities to the lots shown on the Map. All costs of
acquiring such easements shall be borne by the applicants.
The applicants acknowledge that they do not anticipate that
it will be necessary for the Town to obtain an easement over
the driveway across such Lot 2, and that they will not
request the Town to obtain such easement unless it is
necessary to do so in order to ensure that Lots lA, 1B and
1C on the Map will have an adequate route for access and
public utilities.
10. Height limitations on Lots lA, 1B and 1C as shown
on the original Subdivision Map (including, without
limitation, the limitations shown as Conditions No. 2 and 7
on the original recorded Parcel Map) shall be eliminated.
The height of all buildings on Lots lA, 1B and 1C shall be
limited only as set forth in the Tiburon zoning ordinance
current as of October 15, 1985 (except that this is not
intended to impair or supercede the limit on elevation
applicable only to Lot 1B, as set forth in Paragraph 12
below).
11. Grading, retaining walls and paved driveways may
be permitted outside the building envelopes of all lots.
The driveway providing access to Lot 1B, as shown on
improvement plans submitted by applicants, shall include the
17
hammerhead turnaround proposed by the Tiburon Fire
Protection District. Applicants shall not be required to
satisfy any other requirement of the Tiburon Fire Protection
District, but this is not intended to limit the
applicability of any provisions of the building code or
other ordinances relating to fire safety features in
residential structures.
12. All roofs and roof structures and treatments on
any structure built on Lot IB shall be limited to a maximum
elevation of 500 feet, based on the now-existing elevation
of the top of the curb adjacent to the catch basin on the
driveway on the lower end (near the northerly corner) of Lot
2 (as shown on the Conceptual Improvement Plan, Agins
Subdivision, dated March, 1988) being at elevation 480.
III
III
III
III
11/
III
III
III
III
11/
III
11/
18
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon held on November 16, 1988, by
the following vote:
AYES:
Councilmembers: Coxhead, Shaw, and
Mayor Duke
NOES:
Councilmembers: Mayberry
ABSTENTIONS:
Councilmembers: None
ABSENT:
Councilmembers: Lqgan
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WRENc~/rj y' E,
Town of(-Hburon
Attest:
R. L. KLEINERT,
TOWN OF TIBURON
19
E:PL&D.TIB
APPROVD.RES
AGBX 1.1
12/15/88
RESOLUTION NO. 2563
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ACCEPTING COMPLETION OF
THE MERCURY AVENUE STREET REPAIR STAGE II
WHEREAS, the work on the Mercury Avenue Street
Repair Stage II project was completed by Ghilotti
Brothers on October 12, 1988, and
WHEREAS, the Town Engineer recommends acceptance
of this completed project.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby accept
completion of the Mercury Avenue Street Repairs, Stage
II, project.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on November 16,
1988 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Shaw, Mayberry,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Logan
"',~,...,...:..__c'" ,.,
ATTEST:
/IlUY-
R. L. KLEINERT, TOWN MANAGER/CLERK
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RESOLUTION NO. ~
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ACCEPTING THE DEDICATION
OF RIGHT-OF-WAY AT THE LYFORD DRIVE/
ROUNDHILL ROAD INTERSECTION
WHEREAS, an offer was made to the County of Marin
in 1959 to dedicate Parcel "A" of Map of Marinero, as
recorded in Volume 10, Page 38 of Recorded Maps, and
Parcel "A" of Red Hill Unit I, as recorded in Volume
10, Page 37 of Recorded Maps; and
WHEREAS, the Town has Succeeded the County of
Marin's interest in the above referenced parcels;
NOW, THEREFORE, BE IT RESOLVED that said offer is
hereby accepted, and the Town Clerk is authorized to
record said acceptance by means of a certified copy of
this Resolution.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on November 16,
1988 by the fOllowing vote:
AYES: COUNCILMEMBERS: Coxhead, Shaw, Mayberry,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Logan
/
ATTEST:
... . '1
C~J '
RESOLUTION NO. 2561
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING THE APPLICATION AND PROJECT
AGREEMENT FOR HISTORY AND ARCHEOLOGY GRANT
FUNDS FOR THE PETER DONAHUE PROJECT FROM THE
CALIFORNIA WILDLIFE, COASTAL & PARK LAND
CONSERVATION ACT OF 1988
WHEREAS, the people of California under the California
Wildlife, Coastal, and Park Land Conservation Act of 1988 has
authorized the establishment of a History and Archeology Grant
Program, providing funds to the political subdivisions of the
State and to non-profit organizations for the preservation of
significant historical and archeological resources, and
WHEREAS, the Office of Historic Preservation is responsible
for the administration of the program within the State, setting
up necessary rules and procedures governing application by local
agencies under the program, and
WHEREAS, said adopted procedures established by the Office
of Historic Preservation require the applicant to certify by
resolution the approval of applications prior to submission of
said applications to the State,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby:
1. Approves the filing of an application for the
History and Archeology Grant assistance for project, and
2. Appoints the Town Manager or his authorized Deputy as
agent of the Town to coordinate, process, and execute all
contracts, agreements, amendments and ancillary documents within
the scope of the attached application.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 16, 1988 by the following
vote:
AYES: COUNCILMEMBERS: Coxhead, Shaw, Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Logan
ATTEST:
R. ~~GER/CLERK
RESOLUTION NO. 2560
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON SUPERSEDING RESOLUTION NO. 2472
AND ESTABLISHING A RESIDENTIAL PARKING PERMIT
PROGRAM ON MAR WEST STREET BETWEEN 1645 MAR
WEST AND LOS LOMAS LANE
WHEREAS, the Town Council of the Town of Tiburon, after
public hearing, finds and determines as follows:
a. Parking on that portion of Mar West Street between
1645 Mar West Street and Los Lomas Lane (hereinafter
referred to as "Mar West") is subject to heavy use and
demand from non-resident commuters who work in or visit the
downtown area;
b. Mar West already provides only marginally adequate
on-street parking for residents;
c. The California Vehicle Code authorizes the Town to
adopt a system granting preferential parking privileges on
streets within the Town to residents adjacent to such
streets; and
d. The establishment of a two hour parking zone and a
residential parking program for Mar West will alleviate the
parking problems of the residents of Mar West and portions
of Centro West streets.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Authority. This resolution is adopted
pursuant to the Uniform Traffic Ordinance codified in
Chapter 23, Article I of the Tiburon Municipal Code, and
Section 22507 of the Vehicle Code of the State of
California.
Section 2. Permit System Established. The Mar West
residential parking permit program is hereby established for
the area of Mar West Street between 1645 Mar West Street and
Los Lomas Lane.
Section 3. Parking Restricted. No operator of any
vehicle shall stop, stand or park such vehicle on Mar West
Street between 1645 Mar West Street and Los Lomas Lane on
any day, including Saturdays, Sundays, and Holidays, for a
period of time longer than two hours, between the hours of
8:00 A.M. and 10:00 P.M. unless a valid resident or
construction parking sticker or permit is affixed to the
rear windshield on the driver's side of the vehicle or a
valid guest parking permit is handing from the front
rear-view mirror inside the vehicle.
Section 4. Signs. Street signs shall notify the
public that vehicles parked in violation of this resolution
may be towed.
Section 5. Resident Parking Permits.
A. Residents. Residents meeting the following
criteria may purchase a resident parking sticker at the
Planning Department:
1. The person's residence has a Mar West address
or a Centro West address that takes access only
from Mar West.
2. The person presents proof of residency such as
recently postmarked mail or a utility bill
addressed to them at that address, or a lease
signed by them and their landlord for rental of
a residence at that address.
3. The person presents one of the following:
a. a valid vehicle registration for the
vehicle that shows the vehicle is
registered in their name or their spouse's
name, or
b. a letter from the vehicle owner stating the
person is authorized to use the vehicle
plus a valid vehicle registration for the
vehicle.
B. Dual Residences. Residents of Mar West who
maintain more than one household, and whose vehicle is
registered at an address other than Mar West, will be
entitled to obtain a Resident Parking Permit and a Guest
Parking Permit upon the furnishing of an affidavit stating
that the applicant resides at the Mar West residence, and
that said residence is not rented to others who occupy the
premises to the exclusion of the applicant.
C. Company Vehicles. Applicants who are permanently
assigned company vehicles shall, in addition to providing
proof of residency, provide the Planning Department proof of
the vehicle assignment by furnishing a letter attesting to
that fact, and signed by an officer or managing agent of the
company on company letterhead.
D. Leased Vehicles. Applicants who operate leased
vehicles shall, in addition to providing proof of residency,
provide the Planning Department with a copy of the lease
agreement on which the name and address of the lessee is the
same as that of the applicant.
Section 6. Guest Parking Permits. A maximum of one
guest parking permit for each legally established dwelling
unit (residence) may be purchased by any of the persons
living at that residence. A Guest Parking Permit is to be
hung from the front rear-view mirror inside the guest's
vehicle while the vehicle is parked on Mar West Street and
is to be returned to the residence before departing. The
proof of residency and the fee for a guest parking permit is
the same as that for a resident parking sticker. Neither a
valid vehicle registration nor a valid resident parking
sticker is required prior to the purchase of the guest
parking permit.
Section 7. Party Parking Permits. Party Permits for
each legally established dwelling unit (residence) may be
obtained and are to be displayed in the same manner as a
Guest Parking Permit. Each Party Parking Permit will be
date stamped and will be valid for a 24-hour period only.
The proof of residency is the same as that for a resident
parking sticker. Neither a valid vehicle registration nor a
valid resident parking sticker is required prior to
obtaining the Party Parking Permit.
Section 8. Construction Parking Permit. Construction
Permits for each legally established dwelling unit
(residence) may be obtained and are to be displayed in the
same manner as a Guest Parking Permit. Each Construction
Permit will show only the sticker number, expiration date,
and "Valid Monday-Friday Only from 8:00 A.M. - 5:00 P.M.",
and will be valid for a six-month time period.
Section 9. Fees. The fees for the issuance of parking
stickers and permits are as follows:
A. Each new Resident Sticker:
Annually
Issued July through December
$25.00
$12.50
$25.00
B. Guest Parking Permit:
Limit one guest permit per
legally established dwelling
unit (residence).
C~ Party Parking Permits
Administrative Fee
$ 5.00
D. Each Construction Parking
Administrative Fee
No limit of permits per
construction site.
$ 5.00
E. Replacement
Administrative Fee
For each parking sticker or
permit for lost, destroyed, or
stolen sticker or permit.
$10.00
Section 10. Replacement Sticker and Permits. Upon
satisfactory proof of loss, destruction, or theft of a
resident parking sticker or guest parking permit, the
Planning Department will issue a replacement sticker or
permit with a new number and will void the lost, destroyed,
or stolen sticker or permit. Any vehicle found with stolen
or otherwise invalid parking stickers or permits are in
violation of this resolution and are subject to immediate
ticketing and towing.
Section 11. Violation. Vehicles parked in violation
of this resolution are hereby decreed a public nuisance and
shall be subject to a fine of $30 and immediate towing.
Section 12. Effective Date. The Two-hour parking
restriction on Mar West and the Residential Parking Permit
System established herein shall become effective
immediately.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on November 2, 1988 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Shaw, Mayberry,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Logan
~-_.........<"".,.
LAW E J. DUKE,
Town of Tiburon
ATTEST:
{-
R. L. KLE~T' TO M~AGER/CLERK
RESOLUTION NO. 2559
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON ABATING A NUISANCE AT 83 EASTVIEW
WHEREAS, pursuant to Section 38773 of the California
Government Code and Chapter 24 of the Tiburon Municipal Code,
the Town is authorized to abate a public nuisance; and
WHEREAS, pursuant to Section 24-3 of the Tiburon Municipal
Code, the Town Council of the Town of Tiburon, believing a public
nuisance to exist at 83 Eastview in the form of unauthorized and
illegal building additions, ordered the owner of said property,
to appear before the Town Council and show cause why said
additions should not be declared a public nuisance and removed or
abated; and
WHEREAS, the Town Council has held a public hearing
concerning said building additions, at which the property owner,
Chris Christensen appeared and was heard; and
WHEREAS, after public hearing and consideration of all the
evidence, the Town Council finds that said building additions are
a public nuisance and that abatement thereof is necessary to the
public health, safety and welfare of the residents of the Town of
Tiburon.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the
Town of Tiburon as follows:
1. The Town Council hereby directs and authorizes the
Town Manager and Town Attorney to take any action necessary,
including any legal action, to abate the public nuisance,
consisting of unauthorized and illegal improvements to the
structure at 83 Eastview.
2. All costs of such abatement shall be assessed upon the
property at 83 Eastview, and shall constitute a lien upon said
property until paid.
III
III
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 2, 1988, by the following
vote:
AYES: COUNCILMEMBERS:
Mayor Duke, Shaw, Coxhead,
and Mayberry
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Logan
,r/'~
/' /",
~LAWREN
Town 0
ATTEST:
AGER/CLERK
lag draft date: August 26, 1988
Final date: November 3, 1988
RESOLUTION NO. 2557
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A TEMPORARY USE
PERMIT ESTABLISHING A SEASONAL PAY PARKING
SYSTEM AT THE BOARDWALK PARKING LOT LOCATED
1550 TIBURON BOULEVARD (BELVEDERE LAND CO.)
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings
A. The Town Council has received and considered the Use
Permit application submitted by Belvedere Land Company,
owner of property at 1550 Tiburon Blvd. to establish a
seasonal pay parking lot.
B. The Planning Commission has found that the proposed use
is in conformance with the intent of the Draft General Plan,
and specifically the Land Use Element and Downtown
SUb-Element of the Town of Tiburon, and has recommended
approval of the Use Permit to the Council.
C. The Town Council has made affirmative findings
consistent with the standards required in Section 10-10(J)
of the Tiburon Zoning Ordinance.
D. The Town Council finds that the project is
categorically exempt from requirements of the California
Environmental Quality Act under Section 15301 (Existing
Facilities).
Section 2. Approval
NOW, THEREFORE, BE IT RESOLVED that the Council hereby
approves the temporary use permit subject to the following
conditions:
1. This temporary use permit shall be valid for one year
following final Town Council approval or until October 19,
1989, and may be renewed upon approval by the Council.
2. Th~s use pe~it a~roves operation of a pay parking
system at the Boardwalk Center during the months of April
through November. Charging of parking fees for vehicles not
patronizing businesses in the Boardwalk shall be limited to
Saturdays, Sundays and hOlidays.
3. The number of parking spaces available for "fee
parking" shall not infringe upon spaces required by Zoning
Ordinance Section 13 to accommodate businesses in the
Boardwalk which are open during the hours in which fees will
be charged.
4. Any modifications to the operation of this use permit
shall require an amendment to this use permit, to be
reviewed by the Council.
5. Any exterior structures, signs, or modifications
resulting from this use must receive design approvals from
the Board of Adjustments and Review.
6. Non-compliance with terms of this use permit shall be
grounds for modifications or revocation of this use permit.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 19, 1988, by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
--- -,;~,,:.;) , /
(/ ~.AV"""":_"',_,<>~' ~~_
_____ / ~~--f
LAWRENC J DUKE, MAYOR
Town of! iburon
ATTEST:
R. &~AGER/CLERK
Town of Tiburon
RESOLUTION NO. 2556
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REQUESTING AN ADDITIONAL EXTENSION
OF TIME TO COMPLETE THE UPDATING AND REVISION
TO THE TIBURON GENERAL PLAN PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65361(e)
FINDINGS:
I. The General Plan of the Town of Tiburon was adopted
in 1974, and has been expanded and amended from time to time
to include adoption of various State-mandated and
discretionary elements.
II. The Town Council has determined that it is
necessary to revise the Town's General Plan, including the
Land Use, Housing, Circulation, Open Space, Conservation,
Safety, Noise and Parks and Recreation elements thereof, and
has commenced such revisions.
III. Pursuant to Section 65361 of the California
Government Code, the Town has received from the Office of
Planning and Research (OPR) of the State of California a one
year extension of time, to complete the revision of its
General Plan. This extension was granted on December 1,
1987 and expires on November 30, 1988.
IV. Pursuant to Section 65361 (e) of the California
Government Code the Town of Tiburon hereby requests an
additional one (1) year extension commencing on December 1,
1988 until November 30, 1989 for the following reasons:
(A) Pursuant to the requirements of Government Code
Section 65361 and Section 65361 (e), the Town Council hereby
finds that it is necessary to revise the Town's General
Plan, including the Land Use, Housing, Circulation, Open
Space, Conservation, Safety, Noise and Parks and Recreation
elements thereof, and that there are facts and circumstances
which justify the granting of an extension of time to
complete such revisions, all as more specifically set forth
below:
1. The Town of Tiburon is a small Town which has
experienced constant growth pressures,
lawsuits and controversial applications for
development and annexations. Because of
statutory processing deadlines and limited
staff a large part of the Town's available
in-house staff resources have necessarily been
devoted to current planning matters.
2. The Town of Tiburon has been under constant
development pressures and legal challenges
which have highlighted the inadequacy of the
1974 General Plan (as amended over the years)
to serve as the policy framework for guiding
development decisions in the future.
On October 16, 1985, the Town Council of the
Town of Tiburon adopted Ordinance No. 307
N.S., which imposed a temporary moratorium on
the approval of subdivision applications, land
use permits, building permits, grading permits
and other land use entitlements. On January
9, 1986, the Town Council adopted Ordinance
No. 312 N.S., extending the moratorium to
January 8, 1987.
On April 8, 1986, the electorate of the Town
of Tiburon approved an initiative moratorium
ordinance (Measure C) which imposed a two year
moratorium on most new construction in the
Town.
These moratoria were enacted to permit the
Town to evaluate and update its General Plan
in order to maintain internal consistency
among the various elements, to plan for and
manage growth, and to study:, and analyze the
traffic impacts of current and future
development in the Town.
3. Despite substantial recruiting efforts, and
the employment of special consultants to
revise the General Plan, the Town of Tiburon
has not been able to complete this task to
date. The Town of Tiburon's Community
Development Department is composed of a
Director, two Assistant Planners (the second
Assistant Planner position was just added
recently - 8/15/88), one Building Inspector,
and two clerical support positions. In
addition to the Department's small staff, high
turnover has affected the continuity of
planning activities in the Town. The Town has
had three (3) Planning Directors in the past
two years, and the current Director was hired
in September, 1987. In addition to staff
turnover, controversial development
applications and multiple lawsuits challenging
the validity of Measure C have occupied
considerable staff time and effort and have
delayed and hindered the Town's ability to
update its General Plan according to its
original work schedule.
4. Other reasons exist that justify the granting
of an extension. Despite continued efforts by
the Town of Tiburon to update and expand its
General Plan over the years to include various
State-mandated elements, until recently the
Town has not had the financial resources to
comprehensively update its General Plan,
initially adopted by the Town Council in 1974.
In accord with Section 65361 (e), the Town has
made substantial progress towards completion
of the plan, despite some delays that have
occurred in completion of the Draft EIR. This
problem has been resolved and significant
progress has been accomplished per the
following:
a) The Draft EIR has been completed, sent to
the State Clearinghouse and is currently
within the customary 45 day public review
period (September 28, 1988-November 11,
1988);
b) The first public hearing on the Draft EIR
was on September 28, 1988;
c) The second public hearing on the Draft EIR
was on October 12, 1988,,;
d) Additional hearings on the Draft EIR will
be held throughout the normal 45 day
public review period. Also, the 45 day
public review period will be extended per
the following:
1) Written comments will be received
until November 26, 1988;
2) Oral comments (last public hearing on
the DEIR) will be received until November
23, 1988; and
3) Incidental oral comments will also be
allowed to be made on the EIR during the
General Plan hearings, but would not
require mandatory written responses.
e) The publication draft of the proposed
General Plan has been completed including
all of the elements and is available for
public review;
f) Public hearings are scheduled on the
proposed General Plan before the Planning
Commission commencing on October 26, 1988
with the Open Space and Conservation and
Land Use Elements;
g) Hearings on the remalnlng elements will be
accomplished by the Planning Commission
between October 26, 1988 and January 11,
1989;
h) Public hearings are scheduled on the
proposed General Plan before the Town
Council commencing on January 28, 1989 and
ending on March 29, 1989.
The details of the above schedule have
been submitted to OPR as a part of the
extension request packet, and reflects an
optimum schedule. It is expected, that
due to extensive public involvement in the
Tiburon General Plan process, that an
additional delay of seven (7) to eight (8)
months may occur beyond the outlined
schedule. Hence, the additional one year
(December 1988-December 1989) is realistic
and critical for the Town of Tiburon to
complete its General Plan and allow
adequate public input.
Tiburon was affected by a moratorium from
October 1985 - October 1987 and
enforcement of that moratorium ceased on
November 2, 1987 at which time a large
number of development applications were
made. The moratorium caused all of the
applications to be delayed for two years,
and they were all submitted about that
time for processing, creating an extra
burden on the limited planning staff.
This made it difficult and delayed
expected progress in completing the
proposed General Plan.
V. The Town now fully expects to adopt its revised
General Plan within the term of the additional one (1) year
extension period.
VI. The Town Council conducted a public hearing on
October 19, 1988, to consider whether to apply to OPR for
such an additional extension of time.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
the Town of Tiburon as follows:
1. The Town of Tiburon hereby requests that the
Director of the Governor's Office of Planning and Research
grant the Town an additional one (1) year extension of time
to complete the revision of the Land Use, Circulation, Open
Space, Conservation, Safety, Noise and Parks and Recreation
elements of the Town of Tiburon General Plan, as set forth
on the Request for General Plan Element Extension, attached
hereto and incorporated herein by reference.
2. During the period of the extension, the Town of
Tiburon will follow the policies and procedures set forth in
Exhibit "A", attached hereto and incorporated herein,
relating to the approval of discretionary land use projects.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 19, 1988, by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
E
" II
f/~!
,~- . ..-A /
------- ~-<../j- ."'~
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
Redraft Date: 10/10/88
Rev. 10/13/88
Rev. 10/19/88
pc-res1.doc
INTERIM POLICIES AND PROCEDURES
(Exhibit A)
In accordance with Section 65361 (b) (3) of the
California Government Code, the following interim policies
and procedures shall be implemented by the Town of Tiburon
during their General Plan extension period:
1. (a) Discretionary land use project applications
submitted to the Town of Tiburon prior to December
1, 1987 and deemed or accepted as complete
(pursuant to Government Code sections 65920 et
seq.) either before, on or after December 1, 1987
shall be approved by the Town if the Town makes
written findings, based upon substantial evidence
in the record, that the project is consistent with
the Town's existing General Plan. The Town shall
not require any such project to be consistent with
the draft General Plan.
(b) Any subsequent discretionary land use project
application necessary for completion of any
project approved under condition 1 (a) above shall
be approved by the Town if the Town makes written
findings, based upon substantial evidence in the
record, that said subsequent project is consistent
with the Town's existing General Plan. The Town
shall not require said subsequent project to be
consistent with the draft General Plan.
(c) Any discretionary land use project application
that does not fall under conditions 1 (a) or 1 (b)
above shall not be approved by the Town unless the
Town makes written findings, based upon
substantial evidence in the record, that the
project is, or has reasonable probability of
being, consistent with the draft General Plan.
(d) For the purposes of this extension:
"Discretionary land use project" includes zoning
ordinance adoptions and amendments, prezonings,
specific plans (prepared, adopted or amended
pursuant to Government Code Sections 65450 et
seq.), tentative subdivision maps (excluding
vesting tentative maps), parcel maps for which no
tentative maps are required, conditional use
permits, variances, design reviews, master plans,
precise plans, grading permits, and public
works/capital improvements projects (excluding
maintenance).
"Town" is defined to include the Town council,
Town officials, and any commission, committee,
board or individual delegated administrative
responsibilities under Town ordinances and
policies.
"Existing General Plan" means the Town's General
Plan in effect at the beginning of this General
Plan extension.
"Draft General Plan" is defined as the General
Plan revision as it stands at the completion of
tasks 1 through 7 listed in the "Schedule of
Tiburon General Plan Review" submitted by the Town
to the Office of Planning and Research as part of
Tiburon's General Plan extension application.
This does not mean that the draft plan is
immutable. Certainly, one function of the
planning commission is to further refine the draft
prior to final consideration by the Town council.
The commission is expected to make orderly
revisions to the draft as it deems necessary
during its deliberations. The draft plan, as
revised by the commission, will then be the basis
for discretionary land use decisions.
2. During the effective period of this extension, the Town
shall neither initiate, accept, process nor approve any
new proposals or applications for General Plan
amendments, community or area plan adoptions or
amendments, redevelopment plans, vesting tentative
maps, or development rights agreements (or other such
agreements or documents which vest and legally preclude
unilateral changes in land use by the Town). If the
Town has received any such applications prior to the
effective date of this extension, the Town shall not
act upon them until the proposed General Plan revision
has been adopted. This does not preclude any actions
specified in this condition which are necessary for the
adoption of the proposed General Plan revision.
3. All discretionary permits and projects shall be
consistent with the adopted housing element of the
Town's General Plan.
4. The Town shall neither initiate, accept, process nor
approve any new proposals or applications for
annexations until the Town has completed tasks 1
through 7 listed in the "Schedule of Tiburon General
Plan Review" submitted by the Town to the Office of
Planning and Research as part of Tiburon's General Plan
extension application. After the Town completes said
tasks 1 through 7, the Town shall not approve any
annexation unless the Town makes written findings,
based upon substantial evidence in the record, that the
annexation is consistent with the Town's draft General
Plan, as defined above in part (d) of condition 1.
5. The Town shall observe and meet CEQA requirements for
environmental document preparation, review and
certification.
6. The Town shall submit to OPR all draft General Plan
elements and environmental documents no fewer than 30
days prior to their scheduled adoption or
certification.
7. This extension shall expire upon the Town's adoption of
all the above named General Plan elements for which
this extension is granted or on November 30, 1989,
whichever comes first.
8. Notwithstanding any other provision of this extension,
the Town may process and approve applications under the
Town's existing General Plan in connection with
settlement of litigation against the Town challenging
the validity of Measure C where such litigation was
filed before January 1, 1987.
RESOLUTION NO. 2555
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE FINAL MAPS
FOR THE RING MOUNTAIN SUBDIVISION
RECITALS
Final subdivision maps for the five (5) phases of the Ring
Mountain Subdivision have been submitted proposing the
creation of 68 single family residential parcels and several
open space parcels. The five phases are described as
follows:
1. Ring Mountain Subdivision-Reed Ranch Road Phase
2. Ring Mountain Subdivision-paseo Mirasol Phase
3. Ring Mountain Subdivision-Via Elverano Phase
4. Ring Mountain Subdivision-Blackfield Drive Phase
5. Ring Mountain Subdivision-Taylor Road Phase
The Final Maps have been examined by the Town Engineer and
returned to the Town Clerk as required in Section 14.36 of
the Tiburon Subdivision Ordinance.
The Town Engineer, Town Attorney, and Planning Staff have
determined that the Final Maps are in substantial compliance
with the approved Tentative Map for the Ring Mountain
Subdivision, and that all required conditions of approval
have been complied with.
APPROVAL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does approve the above-referenced Final
Maps for Ring Mountain.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 19, 1988 by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Coxhead, Logan, Shaw, Duke
Mayberry
None
ATTEST:
R. L.~ LERK
RESOLUTION NO. 2554
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE FINAL MAP
FOR THE TIBURON HIGHLANDS SUBDIVISION
RECITALS
A Final Subdivision Map for the Tiburon Highlands
Subdivision has been submitted proposing the creation of 42
single family residential parcels.
The Final Map has been examined by the Town Engineer and
returned to the Town Clerk as required in Section 14.36 of
the Tiburon Subdivision Ordinance.
The Town Engineer has determined that the Final Map is in
substantial compliance with the approved Tentative Map for
the Tiburon Highlands Subdivision.
APPROVAL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does approve the Tiburon Highlands Final
Map.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 19, 1988 by the
following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Logan, Mayberry,
Shaw, Duke
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
LAWRENCE::~y
Town of Tit>uron
f
J~,/ '__..
, MAYOR
~"f"~//
.~::':'~..k-.<-~.';"-':'_..,.__-
RESOLUTION NO. 2553
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ACCEPTING QUITCLAIM DEED
FOR PORTION OF THE FORMER NORTHWESTERN
PACIFIC RAILROAD RIGHT-OF-WAY
BE IT RESOLVED, by the Town Council of the Town of Tiburon,
that the Town hereby accepts the Quitclaim Deed to a portion of
the former Northwestern Pacific Railroad right-of-way attached
hereto as Exhibit A, from Mary R. Hobbs-Frakes.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on October 5, 1988, by the following vote:
AYES: COUNCILMEMBERS:
Shaw, Coxhead, Logan, Mayberry
and Mayor Duke
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
.",' . ~.L/
./ ,," ~..-(.'~~""" // " ,
-..,-....' " .. ,.,~
LAWRENCi:' J~/Dt1I{E, MAYOR
Town of~uron
ATTE~
R. L. KLEINERT, TOWN MANAGER/CLERK
..., -..___ "ECORDtNG "EOUIS'nD.V
OU U'+oJoJu
I~",,,,,,,,,..LJ ... I ,'_"'......11 VI
AGENCY SHOWN
1988 NOV - 9 AM II: 30
AND WHEN RECORDED MAIL TO
I
IjFri':j~'" REGGFDS
MARIN COUNTY CALIFORNiA
,JAMES ,1. D ~L RON
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Town of Tiburon
Tiburon Town Hall
1155 Tiburon Blvd.
Tiburon, CA 94920
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MAIL TAX STATEMENTS TO
rTown of Tiburon
Tiburon Town Hall
"" 1155 Tiburon Blvd.
'Wt Tiburon, CA 94920
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No Fee GC8103
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SPACE ABOVE THIS LINE FOR RECORDER"S USE
Individual Quitclaim Deed
CAT. NO. NNOO!580
TO 1922 CA (2-83)
THI. ~M ,"URNI.HKD .Y TICOR TIT1.E IN.URER.
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The undersigned grantor(s) declare(s):
Documentary transfer tax is $
( ) computed on full value of propcny conveyed. or
( ) computed on full value less value of liens !lA,d encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of Tiburon . and
Assessor's Parcel No. 5~-~o~-O~
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged.
Mary R. Hobbs-Frakes
hereby REMISES. RELEASES AND QUITCLAIMS to
Town of Tiburon, a municipal corporation of the State of California
the fonowing dcsaibcd real property in the
County of Marin . State of California:
See attached Exhibit A
Dattd: October 25, 1988
STATE OF CALIFORNIA }ss.
COUNTY OF Mar i n
On October 25, 1988 bdoft
me. the ~ . Notary Public ill &Del for aid State.
~~a~ MARY R. 80BBS. aka
MARY R. HOBBS-FRAKES
penonally ImoWII ID me or proftd to me on the bail of Iat-
isfactory cvicIeDu to be tb~ pcnoD _ whole Dame i ~
subscribed ID withiD iDstrumeDt IDd ackDowledJed
that ~ ~ cued the
WITNESS my and official
SilRature
(I
OFFICIAL lEAL
NANCY J. 1VI&
NoIaty..... e.rl.1Il
IotMIN 0DUN1Y
~ ClillMIft. ""'..1_
(niI_ ,. oIIki.I DOUrW 1ftI)
Title Order No.
EIcrow << Loa No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
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DESCRIPTION
PROPOSED QUITCLAIM
FROM HOBBS TO THE CITY OF TIBURON
TIBURON - MARIN COUNTY - CALIFORNIA
All of that parcel of land now occupied by the right of way of
the Northwestern Pacific Railroad and being bounded on the south
by the course "N410015'W 403.5 feet.. as contained in Parcel One
as described in the deed to Ha~ry Heifet=, et aI, recorded
October 28, 1974, in Book 2841, of Official Records at Page 526;
Marin County Records; and the extensIon of said line,
southeasterly to San Rafael Avenue; bounded on the west by the
course "S510W 57 feet.., and its' e;.:tension northwesterly to the
State Highway; bounded on the northeast by s~id State Highway;
bounded on the east by the westerly line of San Rafael Avenue.
Containing an area of approximately 27,000 square feet.
September b, 1988
Survey No. 150.4
( 883. 3 1 )
EXHIBIT A
.,
prepared by
Phillip A. Danskin & Associates
Land Surveyor
Sonoma, California
RESOLUTION NO. 2552
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A CHANGE OF
USE PERMIT FROM RESIDENTIAL/OFFICE TO OFFICE
AT 130 MAIN STREET (MAIN STREET PROPERTIES)
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings
A. The Town Council has received and considered a
recommendation by the Planning Commission for approval of
the Use Permit application submitted by Main Street
Properties, owner of the property at 130 Main Street to
change the use of the building from residential/office to
office.
B. The Town Council has found that the proposed use is in
conformance with the intent of the draft General Plan, and
specifically the Land Use Element and Downtown Sub-Element
of the Town of Tiburon.
C. The Town Council has made affirmative findings
consistent with the standards required in Section 21 (Use
Permits) of the Tiburon Zoning Ordinance.
D. The Town Council finds that the use permit is in
conformance with the procedures found in Section 18 of the
Tiburon Zoning Ordinance dealing with use permits.
E. The Town Council finds that the proposed use is
properly related to the development of the neighborhood as a
whole and is compatible with the types of uses normally
permitted in the surrounding area.
F. The Town Council finds that adequate facilities and
services required for such use exist or can be provided.
G. The Town Council finds that the project is
categorically exempt from requirements of the California
Environmental Quality Act under Section 15301 (Existing
Facilities).
NOW, THEREFORE, BE IT RESOLVED that the Council hereby
approves the conditional use permit subject to the following
conditions:
1. This use permit approves 1,569 net square feet of
office use at 130 Main Street. Any expansion will
require an amendment to this use permit.
2. All Building Code requirements shall be met.
3. Three (3) parking spaces shall be provided and
maintained on-site at all times for use by employees
and/or visitors.
4. Three (3) off-site parking spaces shall be provided
and maintained at all times in the Mar West parking
lot (AP#58-171-78) in a manner that conforms with
the Town's laws and statutes and in a manner that
shall be revocable by the Town should the use of the
Mar West Lot be changed.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 5, 1988, by the
following vote:
AYES: COUNCILMEMBERS:
Coxhead, Logan, Mayberry,
Shaw, Duke
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS: None
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LAWRENCF?'-.5!"{ DUKE, MAYOR
Town of '"Tiburon
ATTEST
R. &~ANAGER/CLERK
RESOLUTION NO. 2551
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A USE PERMIT
FOR A SELF-SERVICE LAUNDROMAT AT 1690
TIBURON BOULEVARD (MANTEGANI PROPERTY)
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings
A. The Town Council has received and considered a
recommendation from the Planning Commission for
approval of the Use Permit application submitted by
Fred Mantegani, owner of property at 1690 Tiburon
Blvd. to establish a self-service laundromat.
B. The Town Council has found that the proposed use is
in conformance with the intent of the Draft General
Plan, and specifically the Land Use Element and
Downtown Sub-Element of the Town of Tiburon.
C. The Town Council has made affirmative findings
consistent with the standards required in Section
21 (Use Permits) of the Tiburon Zoning Ordinance.
D. The Town Council finds that the use permit is in
conformance with the procedures found in Section 18
of the Tiburon Zoning Ordinance dealing with use
permits.
E. The Town Council finds that the proposed use is
properly related to the development of the
neighborhood as a whole in that it is a needed
resident-serving use which is compatible with the
types of uses normally permitted in the surrounding
area.
F. The Town Council finds that adequate facilities and
services required for such use exist or can be
provided.
G~ The Town Council finds that the project is
categorically exempt from requirements of the
California Environmental Quality Act under Section
15301 (Existing Facilities).
NOW, THEREFORE, BE IT RESOLVED that the Council hereby
approves the conditional use permit subject to the following
conditions:
1. This use permit approves a 1,430 sq. ft.
self-service laundromat with a maximum of 30
washing machines and 14 dryers. Any expansion will
require an amendment to this use permit.
2. Hours of operation shall be limited to 6:00 a.m. to
10:00 p.m. seven days a week.
3. The proposed use shall meet all building code
requirements of the Town.
4. Any exterior modification and signage shall require
approval by the Board of Adjustments and Review.
5. The premises shall be maintained in a clean
condition at all times, with janitorial service
being provided at least once per day.
6. This use permit shall expire and become null and
void on September 14, 1989, unless the authorized
use is carried on beyond that date, in which case
the use permit shall run with the land.
7. Non-compliance with the terms of this use permit
shall be grounds for modification or revocation of
the permit.
8. The automatic fire sprinkler system shall be
extended to cover all areas per U.F.C. 10.308.
9. An approved fire extinguisher shall be installed
adjacent to the entrance to the laundromat per
U.F.C. 10.301.
10. Fire code violations noted in the letter dated
7/26/88 from Tiburon Fire Protection District to
Fred Mantegani shall be corrected prior to granting
of an occupancy permit.
11. The revised parking lot layout shown on plans dated
August 31, 1988 shall be completed prior to
issuance of an occupancy permit to the laundromat.
12. The property owner shall agree that the attachment
labelled "Master Tenant List and Parking Inventory"
shall constitute the basis of a Master Inventory
which will be used to screen any change of
business, addition, expansion, or enlargement for
potential impacts on parking demand. The Master
Inventory shall be monitored by Planning Department
staff and shall be subject to periodic review by
the Planning Commission.
13. The property owner shall refer all prospective
changes in tenancy or use to the Planning
Department for review of impacts on parking demand.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 5, 1988, by the
following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Logan, Mayberry,
Shaw, Duke
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
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LAWRENOE~". DUKE, MAYOR
Town o:e----'riburon
ATTEST
R. ~~ MANAGER/CLERK
RESOLUTION N02550
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A USE PERMIT
AMENDMENT TO ALLOW TEMPORARY ADULT MEETINGS AT
215 BLACKFIELD DRIVE (CONGREGATION KOL SHOFAR)
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings
A. The Town Council has received and considered a
recommendation by the Planning Commission for approval of a
use permit application from Kol Shofar Congregation to amend
its use permit to allow temporary meetings and classes.
B. The Town Council has held a public hearing on October
5, 1988, and taken public testimony regarding the
application.
C. The Town Council has found that the proposed use permit
amendment is in conformance with the intent of the draft
General Plan and is compatible with conditions contained in
Town Council Ordinance No. 306 N.S. which approved the
original use permit.
D. The Town Council has made affirmative findings
consistent with the standards required in Section 21 (Use
Permits) of the Tiburon Zoning Ordinance.
E. The Town Council finds that the use permit is in
conformance with the procedures found in Section 18 of the
Tiburon Zoning Ordinance dealing with use permits.
F. The Town Council finds that the proposed use is
properly related to the development of the neighborhood as a
whole and is compatible with the types of uses normally
permitted in the surrounding area.
G. The Town Council finds that adequate facilities and
services required for such use exist.
H. The Town Council finds that the project is
categorically exempt from requirements of the California
Environmental Quality Act under Section 15301 (Existing
Facilities).
NOW, THEREFORE, BE IT RESOLVED that the Council hereby
approves the use permit amendment subject to the following
conditions:
1. This use permit approves temporary classes and meetings
at Congregation Kol Shofar (215 Blackfield Drive) in
accordance with the letter dated June 16, 1988, from Marin
Jewish Community Center to Stan Dick.
2. This use permit shall expire and become null and void
in two years, or on October 5, 1990, unless extended by
action of the Town.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 5, 1988, by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
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LAWRENCE J." DUKE: MAYOR
Town of_yiburon
ATTEST
R. L~~AG:LE~
RESOLUTION NO. 2549
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE FINAL MAP
FOR THE PERINI PHASE II SUBDIVISION
RECITALS
A final map entitled "Map of Tiburon Perini Unit Two" dated
July 1988 has been submitted proposing creation of twenty
two (22) single family residential parcels.
The map has been examined by the Town Engineer and returned
to the Town Clerk as provided for in Section 14.36 of the
Town Code.
The Town Engineer has determined that the subdivision as
shown on the Final Map is in substantial conformance with
the approved Tentative Map, and all conditions of approval
have been complied with.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does approve the final map for Perini
Phase II Subdivision.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 5, 1988 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
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LAWRENC~/~'~' DUKE, MAYOR
Town of -Tiburon
ATTEST
R.&~R/CLE~
RESOLUTION NO. 2548
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE FINAL MAP FOR
THE TIBURON SHORES UNIT II SUBDIVISION
RECITALS
A final map entitled "Tiburon Shores Subdivision Unit II"
dated April 1988 has been submitted proposing creation of
five (5) parcels, containing five (5) building sites.
The map has been examined by the Town Engineer and returned
to the Town Clerk as provided for in Section 14.36 of the
Town Code.
The Town Engineer has determined that the subdivision as
shown is in substantial conformance with the approved
Tentative Map, and all conditions of approval have been
complied with.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does approve the final map for the
Tiburon Shores Unit II Subdivision.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 5, 1988 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
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LAWRENCE ~UKE, MAYOR
Town of Tiburon
ATTEST '
RESOLUTION NO. 2547
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ACCEPTING QUITCLAIM DEED
FOR PORTION OF REED RANCH ROAD
BE IT RESOLVED, by the Town Council of the Town of Tiburon,
that the Town hereby accepts the Quitclaim Deed to a portion of
Reed Ranch Road attached hereto as Exhibit A, from David F.
Thompson and Maureen R. Broderick, husband and wife, Jeffrey Batt
and Cynthia Batt, husband and wife, Robert w. Vickrey and Barbara
H. Vickrey, husband and wife, and the Marin County Day School, a
non-profit corporation.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on October 5, 1988, by the following vote:
AYES: COUNCILMEMBERS:
Shaw, Coxhead, Logan, Mayberry
and Mayor Duke
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
ATTEST:
R.
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8871026
RECORDED AT REQUEST OF
Order ~1o.
Escrow No.
Loan ~~o,
FIRST AMERICAN
mOB DEe I 3 f.M 8: 00
Town of Tiburon
Town Hall
Tiburon, Ca. 94920
CrFIr::I:~l RECORDS
MARIN COli~nY Ct.UFORNIA
,)A~1~S J, Oi~! nON
WHEN RECORDED MAIL TO:
No Fee GC8103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $............................................
, ...... Cotnputed on the consideration or value of property conveyed; C
...... Co' u the i ration or value less liens or encu~bran(
;7./ 131- /E~.e:l /
r: /l. Ij- 0 II
"flfFM 1JA~Bk5dCe~JRr.r'AAll~, r'h~~cPriaw~~~ i~ff~efyD~~fBW~~g~1l0MPSON and MAUREEN R. BRODERI
husband and wi fe; BARBARA H. VICKREY, a widow and BARBARA H. VICKREY, as Executor of the
of ROBERT W. VICKREY, deceased umer the Imependent Administration of Estates Act, with
<al5thor~~X;byCW~ItiEm~~RA~1~,Qgrf2t~WJ(61ia non-profit corporation
QUITCLAIM
DEED
TOWN OF TIBURON
the real property in the City of Tiburon
County of Marin
, State of Cal ifornia, described
BEGINNING at a point in the Easterly line of Reed Ranch Road, said point
being the most Southeasterly corner of "Reed land Woods Subdivision", recorded
in Volume 13 of Maps, at page 23, Marin County Records; thence Northwesterly
on the Southwesterly line of "Reedland Woods Subdivision", North 460 23' 00"
West 82.461 feet to a point in the Westerly line of Reed Ranch Road, said
point also being the most Southerly corner of Lot 1 of "Reedland Woods
Subdivision"; thence Southerly on a curve concave to the West having a radius
of 370.00 feet, a radial line through said beginning of curve bears North 860
05' 05" East, thru a central angle of 190 35' 46" and an arc length of
126.547 feet to the most Easterly corner of Lot 86 of "Map of the Reedlands
Unit 3", recorded in Book 10 of Maps, at page 4, Marin County Records; thence
southeas~erly on the Northeasterly line of "Map of the Reedlands Uni t 3",
South 47 47' 55" East 65.928 feet to the most Northerly corner of Lot 87 of
"Map of the Reedlands Unit 3"; thence Northerly on a curve concave to the
West having a radiusoof 430.00 feet, a radial line through saig beginning of
curve bears South 70 23' 37" East, thru a central angle of 15 23' 22" and
an arc length of 115.496 feet to the point of beginning.
Dated
December 8. 1988
SEE ATTAOIED FOR SIGNATURES
STATE OF CALIFORNIA
COUNTY OF M::lri n
On Decembp.r R, lqRR
before me, the undersigned, a Notary Public in and for said State, per.
sonallyappeared n::lvi.-l F 'l'hnmpc::rm, M::lI1T'H,n R
Broderick, Barbara H. Vickrey. Barbara H.
Vickrey. Executor
pr/r.Jo/1JIW 1<~rf.,lnM Inp lei proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s),4s/are subscribed to the
within instrument and acknowledged to me that ~I/s~f/lthey executed
f) /~,
the same, /..-.' 'I
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WITNESS my hand and official se
signL
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ABOVE
AV D F. THOMPS
#~~/C.~L
r;mREEN R. BRODERICK
O-Y-jJk/ &(7-
JEFFREY 'BATT '
H. VICKREY, as Executor 0
the Estate of Robert W. Vickrey, dec ased,
under the Independent Administration of
Estates Act, with full authority
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~H. VICKREY ~
~IN COUNTRY-DAY-~OOL, a California non-profitCorporation
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STATE OF CALIFORNIA
COUN OF
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. personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
Secretary, on behalf of
such corporation executed the with in instrument pursuant to its
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STATE OF CALIFORNIA
COUNTY OF M;tri n
on~mher 9. 1988
said State, personally appeared Jeffrey
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,before me, the undersigned, a Notary Public in and for
Batt ang Cynthia Batt
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rlelioMIW Mr:f.,J,M rM '*'1 proved to me on the basis of satis-
factory evidence) 10 be the person(s) whose name(s) it/are sub,
scribed to the within instrument and acknowledged to me that
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g'" Stetc of Ca!ii c~niQ
t., My Comm. Expires Oct. 20, 1989 c.
~~,{,~C7.)~~~O"'-Ol';"""~"""co=~:~
(This area for official notarial seal)
RESOLUTION NO. 2546
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROCLAIMING SEPTEMBER 17
THROUGH OCTOBER 10, 1988 AS "COASTWEEKS" AND
OCTOBER 1, 1988 AS "ADOPT-A-BEACH CLEANUP DAY"
WHEREAS, the State of California has a varied coastline
of sandy beaches, rocky shores, productive estuaries,
marshes and tidal flats, urban areas, and harbors, and
WHEREAS, the coast and Bay shoreline provide a rich
scenic, recreational, cultural, natural, and historical
heritage, and
WHEREAS, the Town of Tiburon is a member of the
Richardson Bay Regional Agency and supports activities to
keep the San Francisco Bay clean, and
WHEREAS, the Tiburon shorelines along Richardson Bay
and Paradise Drive are in need of periodic cleanups,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does hereby recognize and support the
designation of the weeks of September 17 through October 10
as California's "Coastweeks" and October 1, 1988 as
"Adopt-A-Beach Coastal Cleanup Day",
BE IT FURTHER RESOLVED that individual citizens,
businesses, private groups, and public institutions are
encouraged to observe "Coastweeks" and to participate in
appropriate activities designed to promote healthy and
productive coastal and Bay environments for the residents of
Tiburon and the people of California and the nation.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on September 21, 1988 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Shaw, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
.___:----y .~-'C ~_,_.~~-
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
$~
R. L. KLEINERT, TOWN MANAGER/CLERK
Recording Requested by and
When Recorded Return to:
TOWN OF TIBURON
1155 Tiburon Blvd.
Tiburon, CA 94920
RESOLUTION NO. 2545
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON ACCEPTING DEDICATION OF CERTAIN
EASEMENTS IN THE BELVERON SUBDIVISION
WHEREAS, the final subdivision map of Belveron Gardens
Unit One was approved by the County of Marin on April 3, 1950
and was thereafter recorded in the Office of the Marin County
Recorder at Volume 7 of Official Maps, page 2; and
WHEREAS, the final subdivision map of Belveron Gardens
Unit Two was approved by the County of Marin on May 29, 1950
and was thereafter recorded in the Office of the Marin County
Recorder at Volume 7 of Official Maps, page 8; and
WHEREAS, the final subdivision map of Belveron Gardens
Unit Three was approved by the County of Marin on August 14,
1950 and was thereafter recorded in the Office of the Marin
County Recorder at Volume 7 of Official Maps, page 13; and
WHEREAS, at the time of approval of said final maps, the
County of Marin did not accept dedication for public use of any
drainage easements shown on said maps; and
WHEREAS, the Belveron Gardens subdivision, Units One, Two
and Three are now within the jurisdiction of the Town of
Tiburon; and
WHEREAS, pursuant to California Government Code section
66477.2, the Town of Tiburon now wishes to accept for public
use certain drainage easements shown on said final maps.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the
Town of Tiburon as follows:
1. Tne Town Council hereby accepts for public use the
following easements shown on the map of Belveron Gardens Unit
One described above:
(a) The 5 foot drainage easement on Lot 1 which borders
Trestle Glen Boulevard; and
(b) The 5 foot drainage easement located on Lots 41, 42,
43, 44, 45, 46, 47, and 48 and bordering Trestle Glen
Boulevard.
2. The Town Council hereby accepts for public use the
following easements shown on the map of Belveron Gardens unit
Two described above:
(a) The 5 foot drainage easement on Lots 49, 50, 51, 52,
53, 54, and 55 and bordering Trestle Glen Boulevard.
3. The Town Council hereby accepts for public use the
following easements shown on the map of Belveron Gardens Unit
Three described above:
(a) The 5 foot drainage easement on Lot 97 adjacent to Lot
98;
(b) The 10 foot drainage easement on Lots 130 and 131
running along the property line between said lots; and
(c) The 5 foot drainage easement on Lots 142 and 143 and
bordering Trestle Glen Boulevard.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on September 21, 1988, by the
following vote:
AYES: COUNCILMEMBERS:
Coxhead, Logan, Mayberry,
Shaw and Mayor Duke
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
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LAWRENCE J. DUKE, Mayor
Town of Tiburon
ATTEST:
R. &~GER/CLERK
RESOLUTION NO. 2544
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVAL THE FINAL MAP
FOR THE NORMAN ESTATES MINOR SUBDIVISION
RECITALS
A Parcel Map entitled "Lot Line Adjustment and Resubdivision
of Lots 10 & 11 of Norman Subdivision 18 R.M. 69" has been
submitted to the Town for approval. The subdivision would
create three parcels where two parcels currently exist.
The map has been examined by the Town Engineer and returned
to the Town Clerk as provided in Section 14-36 of the Town
Code.
On August 24, 1988, the Planning Commission adopted
Resolution No. 444-88 recommending approval of the Final Map
by the Town Council.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby approves the parcel map for the
Norman Estates Minor Subdivision.
PASSED AND ADOPTED at a regular meeting of the Town Council
on September 7, 1988, by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Mayberry
. --=-~i..-~.,< / !.L-
LAWRENCE J. DUKE; MAYOR
Town of Tiburon
ATTEST:
R. ~~/CLE~
RESOLUTION NO. 2543
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON COMMEMORATING THE 100TH
ANNIVERSARY OF OLD ST. HILARY'S CHURCH
WHEREAS, Old St. Hilary's Church was built in 1888
on a hill top overlooking San Francisco Bay, and
WHEREAS, this Roman Catholic Church was the center
of the parish which served the railroad workers on the
Tiburon Peninsula, and
WHEREAS, a new St. Hilary's Church was built in
the 1950s to serve the expanded parish, and the
Belvedere/Tiburon Landmark Society then acquired the
old church, and
WHEREAS, the Belvedere/Tiburon Landmark Society
has preserved and restored Old St. Hilary's and
protects the rare wild flowers that grow in the
vicinity of the church grounds,
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby proclaim
October 1988 as the 100th Anniversary Month of Old St.
Hilary's Church, and
BE IT FURTHER RESOLVED that the Town Council of
the Town of Tiburon does hereby encourage all residents
and officials of the community to join St. Hilary's
Parish Council and the Belvedere/Tiburon Landmark
Society in honoring the 100th Anniversary of Old St.
Hilary's Church.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on September 7,
1988 by the following vote:
AYES: COUNCILMEMBERS: Coxhead,
Logan, Shaw, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayberry
/.."
::;:~~;. J~. "-D&YOR
Town of Tiburon
ATTEST:
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2542
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROPOSING A 1988 AYALA DAY
SPORTS CHALLENGE TO THE CITY OF BELVEDERE
WHEREAS, the Town of Tiburon will hold their 20th
Annual Ayala Day picnic at McKegney Green, and
WHEREAS, the Town of Tiburon and the City of
Belvedere have held sporting challenges since 1974, and
WHEREAS, there have been many competitive events
between the citizens of the Town of Tiburon and City of
Belvedere which have resulted in dubious
accomplishments and questionable victories,
NOW, THEREFORE, BE IT RESOLVED for this special
occasion of the 20th Ayala Day picnic, the Town Council
of the Town of Tiburon does hereby challenge the City
of Belvedere to a volleyball contest on September 25,
1988, at McKegney Green.
BE IT FURTHER RESOLVED that a trophy will be
presented to the winning team which is to be displayed
in a prominent location for everyone to see until such
time as a rematch is scheduled.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on September 7,
1988 by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayberry
",- 4
___ f' ,
,\a~,~~- /' ;~~
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
~~
R. 'L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2541
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ESTABLISHING THE ANNUAL SALARY PROGRAM
FOR THE TOWN OF TIBURON FOR FISCAL YEAR 1988-89
WHEREAS, Section 3-3 of the Tiburon Municipal
Code requires that an annual salary program be adopted
for each fiscal year as part of the personnel system of
the Town of Tiburon,
NOW, THEREFORE, BE IT RESOLVED, that the Town
Council of the Town of Tiburon does hereby approve the
annual salary program for fiscal year 1988-89 composed
of those schedules attached hereto, effective July 1,
1988, and made a part hereof as follows:
1. SALARY SCHEDULE A - MANAGEMENT EMPLOYEES
2. SALARY SCHEDULE B - PROFESSIONAL/MID
MANAGEMENT CONFIDENTIAL
EMPLOYEES
3. SALARY SCHEDULE C - NON-MANAGEMENT EMPLOYEES
4. SALARY SCHEDULE D - POLICE EMPLOYEES
5. ,SALARY SCHEDULE E - SCHEDULE OF OVERTIME
RATES, WAGES, FOR CASUAL
EMPLOYEES AND MILEAGE
REIMBURSEMENT
6. SALARY SCHEDULE F - HEALTH & MEDICAL
INSURANCE PROGRAM
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on September 7,
1988, by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Mayberry
. ~~:':..." -4/.
--.- LAWRENCE DURE, MAYOR
TOWN OF TIBURON
ATTEST:
R.L~~R/CLERK
S A L A R Y S C H E D U L E "A"
MANAGEMENT EMPLOYEES
1988-89
POSITION
POLICE CHIEF
DIRECTOR OF COMMUNITY DEVELOPMENT
SUPERINTENDENT OF PUBLIC WORKS
FINANCE DIRECTOR
INCUMBENT'S SALARY
4,480
3,833
3,478
3,334
S A L A R Y S C H E D U L E "B"
PROFESSIONAL/MID MANAGEMENT
CONFIDENTIAL EMPLOYEES
POSITION
INCUMBENT'S SALARY
ASSISTANT PLANNER
2,250- 2,320
ASSISTANT TOWN CLERK
2,257
POLICE DEPARTMENT SECRETARY
2,182
S A L A R Y S C H E D U L E "C"
NON MANAGEMENT EMPLOYEES
During the period I July 19878 through 31 December
1988, the monthly range for each classification shall
be as follows:
POSITION
LOW RANGE HIGH RANGE
2,262 2,714
2,144 2,581
1,757 2,109
1,621 1,944
1,653 1,983
BUILDING OFFICIAL
PUBLIC WORKS FOREMAN
MAINTENANCE WORKER II
MAINTENANCE WORKER I
DEPARTMENT SECRETARY
During the period 1 January 1988 through 30 June 1989,
the monthly range for each classification shall be as
follows:
LOW RANGE HIGH RANGE
2,308 2,769
2,187 2,633
1,793 2,152
1,654 1,983
1,687 2,023
POSITION
BUILDING OFFICAL
PUBLIC WORKS FOREMAN
MAINTENANCE WORKER II
MAINTENANCE WORKER I
DEPARTMENT SECRETARY
S A L A R Y S C H E D U L E "D"
POLICE EMPLOYEES
The monthly range for each classification during the period
July 1, 1988 to December 31, 1988 shall be as follows:
POSITION
A
B
C
D
E
Sergeant
2,559
2,686
2,820
2,961
3,110
Officer
2,191
2,300
2,415
2,536
2,663
Clerk/Disptacher
1,696
1,781
1,870
1,964
2,062
Community Services
Officer (Hourly)
7.46
7.83
8.22
8.63
9.06
The monthly range for each classification during the period
January 1, 1988 to June 30, 1989 shall be as follows:
POSITION
A
B
C
D
E
Sergeant
2,636
2,767
2,905
2,487
3,050
2,612
3,203
Officer
2,257
2,369
2,743
Clerk/Dispatcher
1,747
1,834
1,926
2,023
2,124
Community Services
Officer (Hourly)
7.68
8.06
8.47
8.89
9.33
S A L A R Y S C H E D U L E "E"
SCHEDULE OF OVERTIME RATES, WAGES
FOR CASUAL EMPLOYEES, AND MILEAGE REIMBURSEMENT
OVERTIME RATES
Overtime compensation shall be paid for any time worked
in excess of the normal working day and for call-back
time at a rate of time and one-half. Double time shall
be paid for any work performed on a holiday.
All regular non-supervisory professional town employees
are eligible for overtime compensation which is
applicable to all departments. All overtime must be
approved and authorized by the Department Head and/or
the Town Manager as set forth in Rule VII of the Town
Personnel Regulations.
WAGES FOR CASUAL/PART TIME/SEASONAL EMPLOYEES
SERVICE
HOURLY RATE RANGE
Minute Clerk
Administrative Intern
$9.00 - 12.00
5.00 - 8.00
Casual Labor
5.00 - 9.00
Causal Clerical
7.00 - 10.00
MILEAGE REIMBURSEMENT
The following rate shall be paid to an employee for use
of the employee's private automobile on authorized Town
business:
$.22 Per Mile
S A L A R Y S C H E D U L E "F"
HEALTH AND MEDICAL INSURANCE PROGRAM
1988-89
DESCRIPTION
AMOUNT
I . MANDATORY
A. Health Insurance (Choice of Plans)
B.
Life Insurance
C.
Dental Insurance (Employee)
(Employee with 1 or more
Dependents)
OPTIONAL
A. Health Insurance for Dependents
B.
Causality Insurance (AD&D)
C.
Long Term Disability Insurance
(Mondatory for Police Personnel)
4.65
19.86
49.22
.90
1.15% of
gross
salary up
to $25.80
II. TOWN MONTHLY CONTRIBUTION
A. TOWN MANAGER
B. POLICE EMPLOYEES
C. POLICE CHIEF & PLANNING DIRECTOR
D. OTHER MANAGEMENT PERSONNEL
E. ALL OTHER NON POLICE PERSONNEL
F. ASSISTANT TOWN CLERK
G. ASSISTANT PLANNER
III. MAXIMUM CASH REFUND OF UNUSED AMOUNTS
A. MANAGEMENT PERSONNEL
B. POLICE PERSONNEL
C. ALL OTHER NON POLICE PERSONNEL
$325.00
287.50
250.00
225.00
200.00
185.00
175.00
100.00
90.00
80.00
Recorded at request of,
and when recorded please
return to:
Town of Tiburon
1150 Tiburon Blvd.
Tiburon, CA 94920
RESOLUTION NO. 2540
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ACCEPTING GRANT OF EASEMENT IN
GROSS FROM DIANE HO YUK WAH
BE IT RESOLVED, by the Town Council of the Town of Tiburon
that it hereby accepts the Grant of Easement from Diane Ho Yuk
Wah, more particularly described in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on August 17, 1988, by the following vote:
AYES: COUNCILMEMBERS:
Coxhead, Logan, Mayberry,
and Mayor Duke
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Shaw
LAWRENCE . DUKE,
Town of' iburon
--~.,
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ATTi&~
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION N02539
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
THE FINAL MAP FOR THE ACACIA COURT SUBDIVISION
RECITALS
A Final Map entitled "Acacia Court Subdivision" dated July
1988 has been submitted proposing creation of nine (9)
parcels, containing seven (7) building sites with Parcels
"A" and "B" being utilized for open space purposes.
The map has been examined by the Town Engineer and returned
to the Town Clerk as provided for in Section 14.36 of the
Town Code.
NOW THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does approve the Final Map for the
Acacia Court Subdivision.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on August 17, 1988 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Shaw
/
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./\ "--~'-'~~~__"7""'-.'- _ ~ L-
...L1\WRENC~~~UI{E, MAYOR
Town o( ..J.4.Duron
ATTEST
MANAGER/CLERK
RESOLUTION NO. 2538
RESOLUTION DECLARING SURPLUS IN IMPROVEMENT FUND
LA CRESTA ASSESSMENT DISTRICT NO. 1
The Town Council of the Town of Tiburon resolves:
On March 17, 1982, the Town Council adopted its Resolution
No. 2009, entitled Resolution of Intention to Order Improvement in
La Cresta Assessment District No.1, for public improvements in La
Cresta Assessment District NO.1, Town of Tiburon, Marin County,
California.
Said Resolution of Intention provided that any surplus in
the improvement fund for said assessment, after completion of the
improvements and payment of all claims from the improvement fund,
would be applied in accordance with Section 10427.1 of the Streets
and Highways Code of the State of California.
Said improvements have been completed and a Notice of
Completion was recorded in the office of the County Recorder on
198 All claims upon the improvement fund have
been paid.
1. A balance of $25,015.45 remains in the improvement fund
for La Cresta Assessment District No.1, and said amount is surplus.
2. The amount of $25,015.45 shall be applied as a credit
upon the assessments levied in La Cresta Assessment District No.1,
in the manner provided in section 10427.1 of the Streets and
Highways Code.
*
*
*
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on August 17, 1988, by the following
vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry and
Duke
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: Shaw
, /'"
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LAWRENCE J.
Town of T
ATTES~~
R. L. KLEINERT, TOWN MANAGER/CLERK
2
RESOLUTION NO. 2537
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING THE
LONG TERM 1993 TO 1998 MAJOR TRANSPORTATION
PROJECTS IN MARIN COUNTY AS RECOMMENDED BY
THE MARIN COUNTY URBAN SYSTEMS COMMITTEE
WHEREAS, the State Legislature adopted the AB 84 which
requires the County to develop a list of projects which may
be submitted for State funding from 1993 to 1998, and
WHEREAS, the staff of Metropolitan Transportation
Commission (MTC) has recommended that the projects selected
for inclusion into the Long Term Major Transportation
Projects List be supported by the community, and
WHEREAS, the Marin County Urban System Committee did
meet to review the program and projects for consideration as
part of the Long Term 1992-1998 program, and
WHEREAS, the Marin County Urban System Committee did
adopt the 1993-1998 listing of candidate Long Term
Transportation Projects on April 13, 1988, and
WHEREAS, the Metropolitan Transportation Commission has
requested the County's candidate projects as soon as
possible.
NOW, THEREFORE, BE IT RESOLVED that the Tiburon Town
Council is concerned about the proposed project to construct
McInnis Drive in Marin County, Novato and San Rafael due to
its growth-inducing impacts, loss of and impacts to wetland
resources, conflict with the Countywide Plan maintaining
separators between communities and its encouragement without
consideration of Marin's limited water resources and sewage
capacity.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town
Council of the Town of Tiburon does hereby approve the list
of projects as shown on Exhibit A, with the exception of
Paragraph B.(3) and recommends to the Board of Supervisors
said projects for recommendation to the Metropolitan
Transportation Commission for inclusion in the Regional
Transportation Plan (RTP).
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on August 17, 1988 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
/
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MAYOR
ATTEST:
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II:
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"EXHIBIT A"
lONG TERM 1993-1gg8
HIGHWAY IMPROVEMENTS
MARIN COUNTY
A) PROPOSED HIGHWAY PROJECTS: (listed in order of priority)
1) Park and Ride lot for approx. 330 vehicles at ~0wland Blvd./US 101.
($1.4 M) _...
2) Hwy. 101/Sir Francis Drake Blvd. to Route 1580. Construct Northbound
Auxil iary lane.
($5.0 M)
3) Hwy. 101/Mission St. to North San Pedro Rd.. Construct Northbound
and Southbound HOV lanes and Southbound Auxiliary lane.
($16 M)
-. ..
4) Hwy. 101/Route 1580 to Sir Francis Drake Blvd.. Construct Northbound
and Southbound HOV Lanes and Southbound Auxiliary Lane.
, ($40.0 M)
'"'
5) Hwy. 101/Miller Creek Rd. to No. San Pedro Rd.. Construct Southbound'
Auxiliary lane.
($2.0 M)
,6) Hwy. 101/Mission St. to Route 1580, Construct Northbound and
Southbound HOY and Auxiliary lanes and Reconstruct Route 101/1580
,'Interchange including Southbound On and Off Ramps.
($24.0 M)
7) Hwy. 101/Atherton Ave. to Route 37, Construct Southbound HOY lane.
($8.0 M)
8) Hwy. 101 /Route 37 to Atherton Ave,., Construct Northbound HOY lane.
($8.0M)
9) Park and Ride lot for approx. 200 - 250 vehic1s at Tama1pais Dr./US
10l.
($ .75 M)
10} Hwy. 101/Construct new interchange at Nellen Ave.
($19 M)
11) Hwy. 101/Wa1do Interchange, Modify Ramps.
($1.5 M, All local)
12) I580/Be1lam Blvd. Relocate Westbound Off and On Ramps.
($4.18 M. FAI + $3.32 local = $7.5 M Total)
13) IS80/Irene St.. Construct Underpass and Relocate Eastbound Off and
On Ramps at Bellam Blvd.
($10.5 M)
14) Route 1 at Panoramic Highway, Modify Intersection.
($0.5 M)
15) Hwy. 101/1.7 to 4.0 Miles North of Atherton Ave. Interchange.
Construct New Interchange and Frontage Road.
($7.0 M)
B) PROPOSED LOCAL PROJECTS (not in any priority)
1) Sir Francis Drake localized widening and intersection improvements
in San Anselmo and Fairfax
($2.05 M)
2) Andersen Drive Extension in San Rafael
($6.43 M)
J) ~~;~A ~~ ~~i "2 i R Milr; n (Q . ~O"HQ. iP~A $-"n D-" fu 1
HJ9 35 M)
4) South Novato Blvd. in Novato
($9 M)
AS :nn- Il-J
6130/88
RESOLUTION NO. 2536
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REGARDING THE
APPLICATION FOR DISABILITY RETIREMENT
OF FORMER POLICE CHIEF JOHN E. BAILEY
WHEREAS, the Town of Tiburon is a contracting agency of
the Public Employees Retirement System, and
WHEREAS, the Public Employees Retirement Law requires
that a contracting agency determine whether an employee of
such agency who is classified as a local safety member is
disabled for purposes of the Public Employees Retirement Law
and whether such disability is "industrial" within the
meaning of such law, and
WHEREAS, an application for disability retirement of
John E. Bailey employed by the Town of Tiburon in the
position of Chief of Police has been filed with the Public
Employee's Retirement System, and
WHEREAS, the Town Council of the Town of Tiburon has
reviewed the medical and other evidence relevant to such
alleged disability,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon finds and determines that:
1. John E. Bailey is incapacitated within the meaning of
the Public Employees Retirement Law for performance
of his duties in the position of Chief of Police,
and that such incapacity is industrial and due to
back injury, hernia, and hearing loss arising out
of and in the course of his employment;
2. Neither John E. Bailey nor the Town of Tiburon has
applied to the Workers' Compensation Appeals Board
for a determination pursuant to Government Code
Section 21025 whether such incapacity is
industrial;
3. ' The effective date of retirement shall be January
16, 1987, the last date that John E. Bailey was on
the payroll of the Town of Tiburon;
4. The industrial injuries sustained by John E. Bailey
were not a result of the negligence or intentional
act of a party other than the employer;
5. The disability is not due to hazardous portions of
duty, nor to a direct act perpetrated against John
E. Bailey, within the meaning of Government Code
Section 21292.6;
6. Advanced disability retirement benefits have not
been paid by the Town of Tiburon pursuant to Labor
Code Section 4850.3.
7. The Town of Tiburon will not offer John E. Bailey a
rehabilitation program.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on August 17, 1988 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
LAWRENCE/J. UKE,
Town of T-t' uron
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-"" --./ I..\~~---
ATTEST:
RESOLUTION NO. 2536
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING RESOLUTION NO. 2494
REVISING THE FEE SCHEDULE FOR APPLICATIONS,
PERMITS, AND SERVICES UNDER THE JURISDICTION
OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT
WHEREAS, the Tiburon Municipal Code requires that any
changes to the Department of Community Development's filing
and processing fees be set forth by Resolution of the Town
Council, and
WHEREAS, it is the intent of the Town Council that such
fees be used as a revenue base for maintaining productive
and efficient service levels commensurate with the work
demands within the Department of Community Development, and
WHEREAS, from time to time it is necessary to revise
these fees on a proportionate basis to reflect costs
incurred by the Department of Community Development in the
normal course of its operation and according to its
obligations to administrate State statutory requirements
under the authority of Town Ordinances,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does hereby revise the Schedule of Fees
for applications, permits and services under the
jurisdiction of the Department of Community Development as
set forth in Exhibit A (Building Permit Fees) and Exhibit B
(Planning Fees) attached hereto and incorporated herein by
reference.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on August 3, 1988 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Shaw, Duke
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
LAWRE
Town of
ATT~
R. L. KL ERK
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EXHIBIT "A"
BUILDING PERMIT FEES
SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS WILL BE BASED ON THE
FOLLOWING BUILDING VALUATION DATA: per square foot cost.
1 .
APARTMENT HOUSES:
TYPE I or II F.R.
TYPE V- MASONRY
(or Type III)
TYPE V - WOOD FRAME
TYPE I GARAGE
$93.70
$75.30
$72.40
$38.40
2.
DWELLINGS
TYPE V - MASONRY $85.90
TYPE V WOOD FRAME $82.20
VALUATION SUPPLEMENTS
'.
The following occupancies and types are not covered in the Building
Evaluation data in the International Conference of Building Officials
Building Standards. This will be on a square footage basis unless
otherwise noted.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
SPRINKLERED STRUCTURE
TENANT IMPROVEMENTS -COMMERCIAL
BLOCK WALLS & PILASTERS (incl.footings>
RETAINING WALLS (includes footings)
RETAINING WALLS (wood)
GREENHOUSE
PATIO, SOLID COVER
PATIO, LATTICE COVER
ALUMINUM PATIO ENCLOSURE
DECK
$2. OO/?q.. ft.
$25.00/sq. ft.
$3.50/sq. ft.
$10.00/sq. ft.
$3.50/sq. ft.
$6.00/sq. ft.
$8.50/sq. ft.
$6.00/sq. ft.
$35.00/sq. ft.
$7.50/sq. ft.
11. DEMOLITION $50.00 flat fee
12. RE ROOF value to be substantiated by providing contract, fee
determined from building fee schedule
13. SWIMMING POOL/SPA/HOT TUB value to be substantiated by providing
contract, fee determined from building fee schedule
14. MIS~. WORK -(that work not covered under permit unit fees in
either evaluation chart or evaluation supplement) value to be
substantiated by providing contract, fee determined from building
fee schedule
15. PLAN STORAGE FEES $75.00 flat fee
PLAN CHECKING FEES: All construction plans must be checked for
conformance with State and Town regulations. A plan checking fee shall
be paid to the building official at the time of submitting
construction drawings and specifications for review. Plan checking
fees shall be 65% of the building permit fees.
~
where plans are incomplete~ or chanqed so as to require an additional
plan check and review, an additional plan review fee shall be charged
by the Building Official at $50.00 per hour with a minimum charge of
one hour.
FEES FOR WORK COMMENCED WITHOUT PERMIT. A person who starts any work
for'which a permit is required without first having obtained ~ :permit
shall, if later issued a permit~ pay a fee not to exceed four (4)
times the permit fee. However, this provision does not apply to
emergency work, if the Building Official determines that such work was
urgently necessary and that it was not practical to obtain a permit
before starting work.
OTHER INSPECTIONS AND FEES
1. Inspections outside of normal business hours - $g~~QQLbr~
(minimum charge 2 hours)*
2. Re-inspection fees assessed under provisions of Section
305 (g> is ~g~~QQ~
3. Inspections for which no fee is specifically indicated is ~g~~QQ
*
4. Additional plan review required by changes, additions or
revisions is $50.00 *
--------
* Or the total hourly cost to the jurisdiction, whichever is the
greatest. This cost shall include supervision, overhead, equipment,
hourly wages and fringe benefits of the employees involved.
ELECTRICAL PERMIT FEES.
FEES REQUIRED: Any fees required by this division shall be paid by the
applicant before any electrical work, requiring a permit hereunder, is
started and the permit issued.
MINIMUM FEE: The minimum fee for any electrical permit, unless
otherwise indicated is $25.00
MISCELLANEOUS PERrITT FEE. Any permit for miscellaneous electrical work
not in conjunction with a building permit, and not itemized below,
shall be' a minimum fee of $25.00, or 2% of the contract cost, whichever
is greater.
NEW SERVICE OR SERVICE CHANGE: Any permit for new service or change of
service not in conjunction with a buildinq permit shall be charqed as
follows:
r
000-100 amps $25.00
100-1000 amps $25.00
1000 amps & up $15.00
~ ,
~
RESIDENri~L DWELLINGS. For each electrical permit for a one or two
family unit, or a multi-family dwelling unit, the fee shall be based
on 20% of the building permit fee, inclusive of carports and garages,
inclusive af additions and alterations.
TEMPORARY POl~ER POLES: The fee for electric power pole distribution
for construction~ sites of buildings, structures, or facilities and for
use 'on construction sites only is as follows.
0-200 amps
over 200 amps
$25.00
$35.00
AIR CONDITIONING: The electric hook up fee for the addition of a
contral AIC cooling system to an existing dwelling unit, connected to
an existing electrical system is $25.00.
ELECTRICAL SIGNS AND OUTLINE LIGHTING: Inspection of electric WIrIng
and equipment associated with illuminated advertising or identification
signs and outline lighting located at one address or sub-divided space
for the same tenant or owner shall be a unit fee for the first
illuminated sign, the fee is $25.00. and for each additional
illuminated sign or letter the fee is $10.00.
COMMERCIAL: Fees for commercial work (including retail stores,
offices, motels) in conjunction with a building permit are as follows:
i A. Office - 20X of the building fee
~ B. Retail sales - 25X of the building permit
C. Food markets - 40X of the building fee
D. Restaurants - 45X of the building permit fees
MECHANICAL PERMIT FEES
FEES REQUIRED: Any fee reqUIred by this division shall be paid by the
applicant before any meChanical work, requiring a permit hereunder is
started and the permit is issued.
MINIMUM FEE: The minimum fee for any mechanical permit, unless
otherwise indicated, is $25.00.
MISCELLANEOUS PERMIT FEE: Any permit for miscellaneous mechanical work
not in conjunction with a building permit, and not itemized below shall
be a fee of $25.00 or IX of the contract cost.
RESIDENTIAL DWELLINGS: For each mechanical permit for a one or two
family dwelling unit or a multi-family dwelling unit, the fee shall be
based on 9X of the building permit fee, inclusive of additions and
alterations.
r
COMMERCIAL: Fees for commercial including retail stores, offices,
motels, in conjunction with a building permit are as follows:
A. Office - 9X of buildinq permit fee
B. Retail sales - 9% of the building permit fee
"1,' '. ... J
J
c. Food mar;~ets - 12:1; of the building permit fee
D. Restaurants - 12% of the building permit fee
The minimum fee i~ all of the above is $25.00. Percentages in excess
of $25.00 will follow the above schedule.
PLUMBING FEES
FEES REQUIRED: Any fee(s) required by this division shall be paid by
the applicant before any plumbing work. requIring a permit hereunder,
is started and the permit issued.
MINIMUM FEE: The minimum fee for any plumbing permit, unless otherwise
indicated is $25.00.
MISCELLANEOUS PERMIT FEE: Any permit for miscellaneous plumbing work
not in conjunction with a building permit, and not itemized below,
shall be a fee af $25.00 or 1.5Y. of the contract cost, whichever is
greater.
RESIDENTIAL DWELLINGS: For each plumbing permit for a one or two
family dwelling unit or a multi-family unit, the fee shall be,based on
lOX of the building permit fee, inclusive of additions and alterations.
COMMERCIAL: Fees for commercial or industrial work (including retail
stores, offices, motels) in conjunction with a building permit are as
follows:
t
A. Office -lOX of the building permit fees
B. Retail sales - lOX of the building permit fees
C. Food markets - 10Y. of the building permit fee
D. Restaurants - 15% of the building permit fee
. )
l
~
'"
t
GRADING PERMIT FEE SCHEDULE
PLAN CHECK:
TO:
50 cubic yards
100 cubic yards
.1000 cubic yards
10,000 cubic yards
No fee
$15.00
$22.50
$30.00
$15.00 each additional 10,000 cubic yards, to 100,000:C.Y.
PERMIT FEES:
TO:
1-50 C.V.
51-100 C.V.
101-200 C.V.
201-300 C.V.
301-400 C.V.
401-500 C.Y.
501-600 C.Y.
601-700 C.V.
701-800 C.Y.
801-900 C.V.
901-1000 C.Y.
1001-2000 C.Y.
2001-3000 C.V
3001-4000 C.Y.
5000 C.Y.
6000 C.Y.
7000 C.V.
8000 C.Y
9000 C.V.
10,000 C.V.
$15.00
$22.50
$33.00
$43.50
$54.00
$64.50
$75.00
$85.50
$96.00
$106.50
$117.00
$126.00
$135.00
$144.00
$153.00
$162.00
$171.00
$180.00
$189.00
$198.00
Each additional 10,000 C.Y. $40.50
EXHIBIT B
PLANNING FEES
CATEGORY 1:
PLANNING ACTION
FEE
1. GENERAL PLAN AMENDMENT
2.
REZONING/PREZONING
$ 850
750
3.
MASTER PLAN
a. First 4 UNITS
b. Each additional unit
2,000
100
4.
PRECISE PLAN
a. First 4 UNITS
b. Each additional unit
1,000
50
5.
CONDITIONAL USE PERMITS
500
6.
CONDOMINIUM CONVERSION USE PERMIT
a. 4 units or less
b. 5 units or more
400+25/unit
400+50/unit
7.
ZONING TEXT AMENDMENT
750
8.
EXTENSIONS/AMENDMENTS
1/2 original filing fee
or $500 for single lot
precise plan amendments
CATEGORY 2:
DESIGN REVIEW ACTION
1. CONSENT CALENDAR ITEM
(Minor Design Review)
75
1,500
500
200
200
100
400
1/2 original filing fee
2. NEW CONSTRUCTION
3. MAJOR REMODELS & ADDITIONS
TO EXISTING BUILDINGS
4. VARIANCE
5. SIGN PERMIT
6. TREE COMPLAINT
a. Mediation
b. BAR review an additional
7. EXTENSIONS/AMENDMENTS
Page 1 of Exhibit "B"
CATEGORY 3:
LAND SUBDIVISION ACTION
1. LOT LINE ADJUSTMENT
250
250
400+100 per lot/unit
500+100 per lot/unit
500+150 per lot/unit
700+150 per lot/unit
400+50 per lot/unit
500+50 per lot/unit
Actual Cost
3% of Estimated
Costs of
2. LOT MERGER
3. TENTATIVE MAP
a. 4 lots or less
5 lots or more
4. VESTING TENTATIVE MAP
a. 4 lots or less
5 lots or more
5. FINAL MAP
a. 4 lots or less
b. 5 lots or more
6. ENGINEER CHECK OF VESTING/
FINAL MAP AND IMPROVEMENT PLANS
7. ENGINEER INSPECTIONS
Construction
8. IN-LIEU PARKS & RECREATION
500 per lot/unit
9. EXTENSIONS/AMENDMENTS
1/2 original filing fee
CATEGORY 4: ENVIRONMENTAL CLEARANCE
1. DETERMINATION OF EXEMPTION
25
2. INITIAL STUDY & NEGATIVE DECLARATION
500
3. EIR (FULL OR FOCUSED)
1,000 plus
actual costs of
preparation by EIR
Consultant chosen
by the Town
CATEGORY 5:
DEVELOPMENT AGREEMENT FEE
$5,000.00 deposit of which $2,500.00 is a non-refundable
planning fee. The remaining $2,500.00 will be used to
offset the actual time spent by the Town Attorney and the
Town Engineer at cost. If actual Town Attorney and Town
Engineer expense is more than $2,500.00, the applicant shall
pay the difference prior to approval of the Development
Agreement. If actual Town Attorney and Town Engineer
expense is less than $2,500.00, the difference will be
returned to the applicant.
Page 2 of Exhibit "B"
CATEGORY 6:
ASSESSMENT DISTRICT FEE
1. TOTAL ASSESSMENT UNDER $500,000
2. TOTAL ASSESSMENT $500,000-$2,500,000
3. TOTAL ASSESSMENT $2,500,001 OR MORE
250+Fee Below
500+Fee Below
750+Fee Below
In addition to the above fees, the actual time spent by the
Town Attorney and Town Engineer will be billed at cost, with
payment required prior to approval of the assessment
district.
CATEGORY 7:
TOWN ATTORNEY /TOWN ENGINEER FEES
Appropriate fees shall be charged for applications regarding
planning, subdivision or other matters requiring submission
to the Town's professional staff (Town Attorney or Town
Engineer) for an opinion or research, and not covered by any
other fee schedule, at cost. At the application stage,
applicant shall sign an agreement and authorization to
proceed: professional services of Town Engineer, which
authorizes the Town Engineer to provide services and
obligates the applicant to pay the Town Engineer directly
for services rendered according to the fee schedule stated
in the agreement."
CATEGORY 8:
ADMINISTRATIVE SERVICES/MINISTERIAL ACTION
1. NOTICING
50
2. APPEALS
250
25
25
3. TREE PERMIT
4. HOME OCCUPATION PERMIT
5. REQUEST TO WAIVE UNDERGROUND UTILITIES
6. CERTIFICATES OF COMPLIANCE
200
125 plus *
*$125 basic fee plus $300 deposit are payable in advance
for those applications referred to the Town Attorney for
research and review. The Town Attorney's time is billed
at cost. If actual expense is less than $300, the
difference will be returned to the applicant. If actual
expense is more than $300, the applicant shall pay the
difference prior to recordation of the certificate.
7. GENERAL PLAN
25
Page 3 of Exhibit "B"
8. ZONING ORDINANCE
9. SIGN ORDINANCE
10. TREE ORDINANCE
11. DESIGN REVIEW GUIDELINES
12. ZONING MAP
a. Large
b. Small
13. AERIAL PHOTOS
14. LARGE AERIAL OVERLAY
15. XEROXING
a. Up to 5 sheets
b. Additional sheets
CATEGORY 9:
MISCELLANEOUS FEES
1. RESIDENTIAL BUILDING REPORT
2. ENCROACHMENT PERMIT
3. TIBURON BLVD. IMPROVEMENT FUND:
a. All New Residential
b. New Retail
c. New Office & Other
Non-Residential
Page 4 of Exhibit "B"
25
5
5
5
8
4
5/Panel
10 each
No Charge
.25 Each
75
50
1,974/UNIT
10.44/sq.ft.
Gross Floor Area
4.12/sq.ft.
Gross Floor Area
RESOLUTION NO. 2535
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
THE TIBURON HIGHLANDS PRECISE PLAN
AND VESTING TENTATIVE MAP
Section 1. Findings
A. Applicant, R.C. Holdings, Inc., has submitted, and the
Town of Tiburon has approved, a Master Plan and
Development Agreement for the Tiburon Highlands
Subdivision to develop a parcel of 30 acres of land
located off the extension of upper Cecilia Way and
Warrens Way into 42 single family lots. The Tiburon
Highlands Master Plan was approved by the Town Council
in Ordinance No. 330 N. S., adopted on March 31, 1988.
The Tiburon Highlands Development Agreement was approved
by the Town Council in Ordinance No. 331 N.S., adopted
on March 31, 1988.
B. An Environmental Impact Report and addendum was prepared
by John Roberto Associates for this project, was
reviewed by the Planning Commission, and was then
certified by the Town Council on September 15, 1982.
The adequacy of the documents was reaffirmed by the Town
Council on March 31, 1988.
C. The Town of Tiburon agreed, at applicant's request, to
consider the Precise Plan and Vesting Tentative Map for
the Tiburon Highlands development in accordance with
Section 3.4 of the approved Development Agreement dated
March 31, 1988.
D. Applicant has submitted a Precise Plan and Vesting
Tentative Map for Tiburon Highlands proposing the
development of 42 single family residential lots. The
Precise Plan is described as follows:
1. Maps identified as:
a. Precise Development Plan, Tiburon Highlands,
with building envelopes, dated 4/18/88
(revised 6/88) sheet 1 of 1
b. Landscape Development Plan, Tiburon Highlands,
labelled Supplement to Precise Plan, dated
4/18/88 revised 6/20/88 (1 page)
c.
Technical Site Plan/Vested
Tiburon Highlands, dated
6/30/88 sheet 1 of 3
Tentative Map,
4/18/88 revised
1
d. Grading Plan/Vested Tentative Map, Tiburon
Highlands, dated 4/18/88 revised 6/30/88 sheet
2 of 3
e. Street & Utility Plan/Vested Tentative Map,
Tiburon Highlands, dated 4/18/88 revised
6/30/88 sheet 3 of 3
2. Written documents identified as:
a. Town Council Ordinance No. 330 N.S., adopted
March 31, 1988, approving the Tiburon
Highlands Master Plan.
b. Recorded Development Agreement, Marin County
Recorder's Serial No. 88-22935 dated March 31,
1988, approved by Town Council Ordinance No.
331 N.S. on March 31, 1988.
c. Declaration of Covenants, Conditions and
Restrictions for Tiburon Highlands, dated May
31, 1988.
E. The Vesting Tentative Map is identified as follows:
1. Maps entitled Precise Development Plan, Tiburon
Highlands, dated 4/18/88 (revised 6/88) sheet 1 of
1; Technical Site Plan/Vested Tentative Map,
Tiburon Highlands, dated 4/18/88 revised 6/30/88
sheet 1 of 3; Grading Plan/Vested Tentative Map,
Tiburon Highlands, dated 4/18/88 revised 6/30/88
sheet 2 of 3; and Streets & Utility Plan/Vested
Tentative Map, Tiburon Highlands, dated 4/18/88
revised 6/30/88 sheet 3 of 3. (These maps
were also included as items a, c, d and e of the
Precise Plan.)
F. The Town Council and the Planning Commission have held
duly noticed public hearings for the purpose of
reviewing the application and receiving comments and
recommendations from the public.
G. The Town Council finds that the facts presented
es'tablish that the requirements of the Tiburon Zoning
Code for property zoned RPD-2 have been satisfied.
H. The Town Council further finds that the Tiburon
Highlands Precise Plan and Vesting Tentative Map, as
conditioned herein, conform to the Town's General Plan
and other applicable requirements and regulations, and
substantially conform to the provisions of the approved
Master Plan.
2
I. The Town Council finds that the 42 single family units
proposed, subject to the conditions of approval herein,
are appropriate.
Section 2. Approval
NOW, THEREFORE, BE IT RESOLVED that the Town Council
hereby approves the Tiburon Highlands Precise Plan and
Vesting Tentative Map, subject to the following terms and
conditions and as modified herein:
1. The Town Council approves 42 single family residential
building sites as shown on the map identified as the
Precise Development Plan, Tiburon Highlands, dated
4/18/88 (revised 6/88), prepared by CSW Consultants.
2. All requirements and conditions of the Master Plan and
Development Agreement are incorporated herein and all
such requirements and conditions shall be met.
3. Applicant shall comply with all applicable subdivision
regulations relating to the application for and
recording of a Final Map.
4.
Applicant shall satisfy
Alto-Richardson Bay Fire
Municipal Water District.
the requirements of
District and the
the
Marin
5. All engineering requirements and standards including,
but not limited to, drainage, erosion control, grading,
soils, construction criteria, traffic, and individual
geotechnical evaluation of every lot shall be subject to
review and approval by the Town Engineer.
6. Applicant shall submit improvement plans for the
treatment of all retaining and catchment walls, if any,
including proposed materials of construction,
landscaping and any other methods of softening the
appearance of the retaining walls as well as such other
items as the Town may later require for review and
approval by the Board of Adjustments and Review.
7. The Declaration of Covenants, conditions and
Restrictions for the Tiburon Highlands subdivision,
together with all proposed deed and title restrictions,
including scenic easements and offers of dedication
shall be approved by the Town Attorney prior to
recording the Final Map.
3
8. The building envelopes and lot contours, as shown on the
map entitled Precise Development Plan, Tiburon
Highlands, dated 4/18/88 (revised 6/88), shall be
attached to and made a part of the Declaration of
Covenants, Conditions and Restrictions for the Tiburon
Highlands Subdivision. The building envelope for lot 28
shall minimize the impact on oak trees on the lot and
preserve the two oak trees located on the lot which are
considered to be over 100 years old.
9. No building or grading permits shall be issued for the
construction of any residential or accessory structures
until they have received site plan and architectural
review and approval by the Board of Adjustments and
Review.
10. The design, location, and size of each proposed
residence shall be the subject of hearings before the
Board of Adjustments and Review, which shall give
consideration to whether reasonable efforts have been
made to minimize the adverse impacts of the proposed
residence on adjoining residences and open space. The
Board may require modification to the design, location
and size of the proposed residence, where necessary to
minimize such adverse impacts, subject to limitations in
the Master Plan and Development Agreement.
11. All buildings and structures shall be designed to
conform to the height limi ts set forth in the current
Tiburon Zoning Code and as specified in the Master Plan
and Development Agreement.
12. No improvements of any type, including fences, temporary
or otherwise, shall be permitted outside the approved
primary building envelopes, except driveways, retaining
walls associated with driveways or which support
driveways, and decks, or as excepted in the Master Plan
and Development Agreement.
13. Construction work shall be permitted Monday through
Friday only and between the hours of 8:00 am and 5:00 pm
only unless specifically authorized in advance by the
Town Manager in limited special circumstances. Noise
generating equipment shall not be started before 7: 45
am.
14. No construction equipment or material or excavation
material shall be stored or stockpiled on Town open
space land. Construction activity in open space areas
of the Tiburon Highlands Subdivision shall be limited to
necessary slope, landslide, and drainage improvements as
approved by the Town Engineer. There shall be minimal
intrusion upon open space areas during construction.
Site preparation shall be restricted to the period May
4
to October, unless the Town Engineer agrees that
additional time is within the dry season and that work
can proceed outside such months.
15. The Street and Utility Plan dated 4/18/88 revised
6/30/88 shows all pedestrian trails to be constructed or
improved by the developers within the property and the
connections of those trails to open space, park areas,
adj acent residential areas, schools and local transit
facilities.
16. Prior to issuance of a grading permit, an effective
erosion control and winterization plan to be implemented
during grading of the project site shall be submitted to
and approved by the Town Engineer. This plan shall
include detailed measures to control erosion of
stockpiled earth and exposed soil during construction.
Silt traps shall be provided at the project site. The
areas of disturbed soil shall be revegetated immediately
after grading. The applicant shall post a refundable
security with the Town in a form satisfactory to the
Town Attorney and in an amount to be determined by the
Town Council, to ensure that the erosion control plan is
effectively carried out. Topsoil is to be added by the
developer on the subdivision as required by the Town
Engineer to be bonded by the developer for a sum
established by the Town.
17. All repair, stabilization and contour grading measures
are as identified on the Technical Site Plan and Grading
Plan, both dated 4/18/88 revised 6/30/88 and approved by
the Town Engineer. Additional assurances may be
required by the Town if additional hazards are
identified at the construction plan stage and throughout
the period during which construction identified in the
Precise Plan is carried out. In addition to the
landscape plan required as part of the Precise Plan, a
landscape plan shall be submitted showing proposed
berming, including fencing where appropriate, along the
border of the property, including elevations of existing
and proposed grades with appropriate contours and
elevations. The berms shall minimize the visual impact
of the development and maximize the privacy, peace and
tranquility of the existing neighborhood.
18. The Precise Development Plan dated 4/18/88 (revised
6/88) identifies and establishes the building envelopes
(i.e. building setbacks) and allowable heights for the
residential buildings to be constructed on the lots, per
the following standards:
a. The front yard setback for all lots shall be a
5
minimum of 20 feet;
b. The side yard setback for all lots shall be a
minimum of 10 feet, provided that no two residences
may be closer together than 25 feet at their
adjoining side yards;
c. The rear yard setbacks for all lots (measured from
the edge of the ridge or the property line,
whichever creates a greater setback, in the case of
lots 3-9, inclusive, and lot 11, from the edge of
the ridge in the case of lot 29, and from the
property line the case of all other lots) shall be a
minimum of 30 feet, provided that on lots 20, 24 and
25 the residences on those lots can be as close as
25 feet from the residences on the lots having a
common boundary line with such lots. It is the
intention of this Precise Plan approval not to allow
the construction of one story houses on lots 3-9 and
lot 11 within 30 feet from the edge of the ridge and
on lot 10 within 30 feet of the rear property line;
d. The residences to be constructed on the lots shall
not have a height of greater than 30 feet, provided
tha t i) any residence to be constructed on lots
3-10, inclusive, shall be one story (i.e. 18 feet)
wherever the residence is closer than 40 feet from
the crest of the hill on such lot or, in the case of
lot 10, wherever the residence is closer than 40
feet from the rear property line of lot 10, ii) the
residence to be constructed on on lot 11 shall be
one story (i.e. 18 feet), although consideration may
be given to a two story house if the rear yard
setback (measured from the edge of the ridge) is
increased by the owner to such a degree that the
residence does not unduly interfere with the privacy
of the house below, and iii) the residence to be
constructed on lot 29 shall not have a height
greater than 18 feet;
e. The lot coverage of the residence constructed on any
lot shall not exceed 25% of the lot if the lot has
an area of more than 17,400 square feet or 30% of
the lot if the lot has an area of 17,400 square feet
or less;
f. The Town may not require that the living area
(e.e. excluding garages and decks) of the residence
constructed on lots 3-11, inclusive, be less than
2,500 square feet unless the Owner of the lot
applies for or consents to approval of a smaller
residence;
6
g. The Town may not require that the living area
(i.e. excluding garages and decks) of the residence
constructed on lots 1, 2 and 12-42, inclusive,
(excluding the lot designated as lot 30 on the
Master Plan, which has been denied approval) be less
than 3,000 square feet, unless the owner of the lot
applies for or consents to approval of a smaller
residence;
h. The living area (i.e. excluding garages and decks)
of the residence constructed on lots 3-11,
inclusive, shall not be greater than 3,500 square
feet.
19. The applicant's sole obligation with respect to the
provision of low/moderate income housing shall be as set
forth in the Conditional Stipulated Settlement entered
into by and between the Town and the owner and
pertaining to the litigation described in the
Development Agreement.
20. Fees shall be in accordance with Section 3. 8 of the
approved Development Agreement dated March 31, 1988.
21. The Streets and Utility Plan dated 4/18/88 revised
6/30/88 shows a sidewalk on only one side of the street
as required by the Town Engineer. This sidewalk is in
front of lots 29 through 37 on that portion of Cecilia
Way and in front of lots 4 through 11 on the other
portion. The cul-de-sacs contain no sidewalks.
22. The Declaration of Conditions, Covenants and
Restrictions should be modified as stated in the June
24, 1988, letter from Thomas Sherwood, attached as
Exhibit A, and it is the intent of the Town Council that
the conditions in that letter be fulfilled.
23. The Declaration of Conditions, Covenants and
Restrictions (CC&R's) shall state that the street trees
are to be planted by the property owner in accordance
with the Master Landscaping Plan designating the type of
tree, height, etc. Language should be added to the
CC&R's that in the open space existing vegetation will
remain and that the Homeowners' Association is to
maintain existing landscaping and prohibit changing the
vegetation to a form of cultivated vegetation such as
vegetable gardens, etc. On CC&R's dated 5/31/88 page 17
item 3 third line the words "soils condition" should be
added between "improvement" and "or" to allow the
Homeowners' Association to repair slides and perform
other soils correction work as may be required upon
individual parcels if the individual owner fails to do
so. The CC&R's Architectural Review Section should
include notification to the Homeowners' that they must
7
comply with all Town ordinances and requirements in
addition to the architectural limitations listed in that
section.
24.
The land shown
access easement
accepted by the
and conditions
Agreement.
on the tentative map as a pedestrian
and public utility easement shall be
Town in accordance with the provisions
of Section 4.4 of the Development
25. Lot 28 has been reduced in size to 10,400 square feet as
shown on the Precise Development Plan dated 4/18/88
(revised 6/88) and language shall be incorporated in the
deed restriction to lot 28 that designates the 2 large,
100 year old oak trees as part of the common open space.
26. The Landscape Plan dated 4/18/88 revised 6/20/88 that
has been submitted meets the requirements of the Town
Council, and has been revised to delete reference to the
removal of one redwood at the end of Southridge Drive
cul-de-sac because no redwoods will be removed from that
cul-de-sac. This revised Landscape Plan should be
considered as a conceptual master plan for the planting
of all areas outside the lots and those areas within the
lots 29 through 37 below the building envelope to
provide screening and other visual mitigations for the
property owners along Leland Way. This landscape plan
sets the type of street trees or other street plants to
be used in the front yards. This landscape plan
indicates that the street trees will be planted by
indi vidual homeowners and the CC&R' s shall so state.
This landscape plan contains a well-thought-out concept
for landscaping the area below lots 29 through 37 that
emphasizes contours rather than lot lines. The
implementation of the Landscape Plan, guaranteeing the
plants through a maintenance period of 3 years, is
essential.
8
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on July 20, 1988 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Shaw
-~~
. .,
" .. .' ~ -~ ~.~,
LAWRENCE . DUKE,
Town of' iburon
ATTEST:
R. ~~GER/CLERK
tcres7-6.LTR
Includes Exhibit A
Draft 7/1/88mms
Revised 7/15/88mms
Revised 7/20/88tmh
9
BIANCHI, PAXTON, ENGEL, KEEGIN & SHERWOOD
ATTORNEYS AT LAW
ALBERT BIANCHI
JAY L. PAXTON
W. GREGORY ENGEL
STAFFORD W. KEEGIN
THOMAS M. SHERWOOD
WENDY L. WYSE
MICHAEL D. JACOBS
LESLIE A. THOMSEN
VICTORIA W. TALKINGTON
JAMES B. LAFLIN
ROGER PLATT
COURTHOUSE SQUARE, SUITE 600
1000 FOURTH STREET
SAN RAFAEL, CALIFORNIA 94901
TELEPHONE (415) 456-6020
SAN FRANCISCO OFFICE
44 MONTGOMERY STREET
SAN FRANCISCO, CALIFORNIA 94104
TELEPHONE (415) 777-1380
CABLE ADDRESS BHSF
TELECOPIER (415) 456-1921
OF COUNSEL
SUSAN LANDON MARKS
June 24, 1988
DELIVERED BY MESSENGER
1
Mr. Jack K. Lohman
Director of Community Development
Town of Tiburon
Tiburon Town Hall
1155 Tiburon Blvd.
Tiburon, California 94920
Re: Tiburon Highlands Precise Plan/Tentative Map
Dear Jack:
It is my understanding that at the June 8, 1988 Planning
Commission hearing on my client's application for approval of the
Tiburon Highlands precise plan and tentative map, the Planning
Commission requested that certain changes be made to the
Declaration of Covenants, Conditions and Restrictions for the
project which were previously reviewed and approved by the Town
Attorney's office. Rather than at this stage making the
requested changes, only to find out that the City Council would
like changes to be made, I would suggest that a condition be
added to the precise plan/tentative map resolution which reads as
follows:
"The Project CC&R's previously submitted by the
developer shall be modified to contain the following
provisions:
1. Street trees (bushes) shall be planted by the
owner'in accordance with the Master Landscaping
Plan approved by the Town of Tiburon.
2. All existing vegetation located within the
project open space shall be kept in its existing
condition, except for vegetation which must be
removed in order to repair slides, install drain-
age, sewer or pedestrian path improvements or
otherwise satisfy the conditions of the Town
approvals pertaining to the project.
BIANCHI, PAXTON, ENGEL, REEGIN & SHERWOOD
Mr. Jack K. Lohman
June 24, 1988
Page 2
3. In order to allow the Homeowner's Association
to repair slides and perform such other soils
correction work as may be required on the
residential lots if a lot owner fails to do
so, the third line of Article VI, Paragraph 3
of the proposed CC&R's should be amended to
read 'or repair any structure, improvement,
soils condition or landscaping upon his
Lot. . . ."
4. An additional provision should be added to
Article VIII which will inform each owner of
a residential lot that, in addition to the
architectural limitations of the CC&R's, the
owner will be required to comply with all
Town ordinances and requirements.
Additionally, Jack, we would request that an additional section
be added to the proposed resolution to provide as follows:
"The land shown on the tentative map as a
pedestrian access easement and public utility
easement shall be accepted by the Town in
accordance with the provisions and conditions
of Section 4.4 of the Development Agreement."
If you have any questions concerning the matters set forth in
this letter, please do not hesitate to contact me. Thank you for
your attention to this matter.
;;C:m~ours ,
Thomas M. Sherwood
TMS/vvh
cc: Mr. Robert Thompson
Mr. David Carroll
Mr. Al Cornwell
Mr. Gary Ragghianti
Ms. Lisa Goldfien
RESOLUTION NO. 2534
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPOINTING
BRUCE BLAKELY DEPUTY TOWN ATTORNEY
BE IT RESOLVED by the Town Council of the Town of
Tiburon that Bruce Blakely is hereby appointed Deputy
Town Attorney for the Town of Tiburon effective July
20, 1988.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on July 20, 1988,
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Mayberry
Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shaw
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LAWRENCE' J. DUKE, MAYOR
Town of Tiburon
ATTEST:
Recording Requested by and
When Recorded Return to:
TOWN OF TIBURON
1155 Tiburon Blvd.
Tiburon, CA 94920
RESOLUTION NO. 2533
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON VACATING AN EXCESS RIGHT-OF-WAY
IN THE DEL MADERA SUBDIVISION
WHEREAS, UNIVERSAL TRADING COMPANY ("Universal"), is the
owner of that certain real property (referred to herein as
"the Property") consisting of five (5) contiguous lots located
in the Town of Tiburon, County of Marin, State of California,
described as follows:
Lots 18, 19, 20, 21, and 22, as shown upon that
certain map entitled "Map of Del Madera Sub-
division Lands of Tiburon Peaks Partnership,
Town of Tiburon", filed August 2, 1984 in volume
19 of Maps at Page 23, Marin County Records.
WHEREAS, by virtue of a dedication on that certain Map
entitled "Map of Del Madera Subdivision Lands of Tiburon Peaks
Partnership, Town of Tiburon", filed August 2, 1984 in Volume
19 of Maps at Page 23, Marin County Records, the Town of
Tiburon has acquired a public right-of-way, being that portion
of Via Paraiso East adjacent to the Property, for roadway and
utility purposes, which right-of-way is more specifically
described in Exhibit "A" attached hereto and incorporated
herein; and
WHEREAS, said right-of-way lies within the Property owned
by Universal and does not continue through such ownership or
end touch,ing the property of another, and therefore provides
access only to the Property; and
WHEREAS, in connection with the development of the
Property, Universal has applied to the Town to merge the five
contiguous lots on the Property into three contiguous lots and
has proposed that the newly merged lots would be served by a
private driveway instead of by a public street; and
WHEREAS, Town ordinances do not require that street
access serving three or fewer lots be publicly owned; and
WHEREAS, the Town has adopted an ordinance approving the
requested merger, and has approved for recordation in the
Office of the Marin County Recorder, a Parcel Map showing said
merged lots, dated June 1988, prepared by Martin M. Ron
Associates, which Parcel Map shows a 30-foot easement for
ingress, egress, and public and private utilities; and
WHEREAS, said public right-of-way is not and will not in
the future be required for public street or highway purposes
in or around the Property because the Property will be served
adequately by a private driveway; and
WHEREAS, California Streets and Highways Code Division 9,
Part 3, Chapter 4, authorizes the Town summarily to vacate
said excessive public right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Tiburon as follows:
1. The Town of Tiburon hereby vacates the public right-
of-way for roadway and utility purposes described in Exhibit
IIAII attached hereto, upon the following conditions:
(a) The Town hereby reserves all that portion of
the easement described in Exhibit IIBII attached hereto, which
lies within the right-of-way being vacated, for a public
easement for the installation, maintenance, repair and opera-
tion of water utilities.
(b) Prior to recordation of this Resolution by the
Town Clerk, a Notice of Merger of the five lots in the
SUbdivision into three lots as described above shall be
recorded in the Office of the Marin County Recorder.
2. This vacation is made pursuant to the authority of
Division 9, Part 3, Chapter 4 of the California Streets and
Highways Code.
3. The Town Clerk shall record a certified copy of this
Resolution following recordation of a Notice of Merger and
Parcel Map of the lots, and upon recordation of the Resolution
in the Office of the Marin County Recorder, said public right-
of-way is vacated and shall no longer constitute a public
right-of-way.
PASSED AND ADOPTED at a regular meeting
Council of the Town of Tiburon on July 20,
following vote:
of the Town
1988, by the
AYES: COUNCILMEMBERS:
Coxhead, Logan, Mayberry and
Mayor Duke
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Shaw
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LAWRENCE J// DUKE, MAYOR
Town o.t-rlburon
ATTEST:
R. ~~R/CURK
Final draft: July 21, 1988