HomeMy WebLinkAboutTC Res 1983 (July thru December)
RESOLUTION NO. 2178
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING FEES FOR
BUILDING PERMITS AND PLAN CHECKS
WHEREAS, the Tiburon Town Code requires that fees for Building
Permits and Plan Checks be established by Resolution of the Town
Council; and
WHEREAS, the Town of Tiburon will necessarily incur certain costs
in processing such permit applications; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon does hereby establish the fee schedule as shown on the
attached Exhibit "A" and as follows:
Fees for work commenced without a permit shall be double the
amount of rates herein described.
An hourly rate of $35.00 in addition to the fees herein described
shall be charged for:
Inspection outside of normal business hours, if requested by
applicant, minimum 2 hours.
Additional plan review required by changes, additions or
revisions to approved plans, minimum 2 hours, but not to
exceed the basic fee for each re-application.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on December 7, 1983 by the following vote:
A YES:
COUNCILMEMBERS:
Bergmann, Edelstein, Rockey, Smith,
Spratling
COUNCILMEMBERS: None
NOES:
ABSENT:
COUNCILMEMBERS:
R. L. KLEINERT,
Town of Tiburon
Date drafted: 12/2/83
BUILDING PERMIT FEES
Total Valuation
$1.00 to $1,000.00
$1,001.00 to $2,000.00
2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 and up
PLAN REVIEW FEE
EXHIBIT "A"
RESOLUTION NO. 2178
Fee
$25.00
$40.00
$40.00 for the first $2,000.00 plus
$8.00 for each additional $1,000.00
or fraction thereof, to and
including $25,000.00.
$224.00 for the first $25,000.00
plus $6.00 for each additional
$1,000.00 or fraction thereof, to
and including $50,000.00.
$374.00 for the first $50,000.00
plus $4.00 for each additional
$1,000.00 or fraction thereof, to
and including $100,000.00
$574.00 for the first $100,000.00
plus $3.00 for each additional
$1,000.00 or fraction thereof.
Plan review fee is 65 percent of the building permit fee.
RESOLUTION NO. 2177
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DECLARING A PUBLIC
NUISANCE AND ORDERING ITS ABATEMENT
~JHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings.
A. Pursuant to Section 38773 of the Government Code of the State
of California, the Town of Tiburon did adopt Ordinance No.
192 N.S. to provide for the summary abatement of any nuisance
and establishing procedures therefore.
B. It has been found that an unlawful dwelling unit exists upon
certain property located at 4 McCart Court, described as
Parcel 2 of Parcel Map 2-49, a portion of Rancho Corte Del
Madera Del pesidio, (A.P. 55-171-22).
C. The aforementioned dwelling unit is detrimental to the public
health, safety and welfare of the citizens of Tiburon, in
that the use does not conform to the restrictions placed on
similar property in that same vicinity and zone, and,
further, the increased density creates congestion and adds to
the discomforts of the neighboring properties.
D. The owners of the subject property have not evidenced any
inclination to conform to the requirements of the Zoning
Ordinance of the Town of Tiburon.
NOH, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon finds and does declare that the unlawful dwelling
unit on that certain property located at 4 McCart Court,
described as lot 2 of Parcel Map 2-49, a portion of Rancho Corte
Del Madera Del Presidio (A.P. 55-171-22) is a public nuisance and
does order that the Town Attorney proceed to abate the subject
nuisance by the removal of the lower floor food preparation area
including cabinets, sink, refrigerator, and 220 outlet wiring, as
provided by law, no later than February 7, 1984.
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon does order that the costs of the abatement will be
assessed upon the described property and shall constitute a lien
upon such property until paid.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 7, 1983 by the following
vote:
AYES:
COUNCILMEMBERS: BERGMANN, EDELSTEIN, ROCKEY,
SMITH, SPRATLING
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS:
Clerk
Date drafted: 12/2/83
RESOLUTION NO. 2176
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ESTABLISHING PROCEDURES AND
REQUIREMENTS FOR THE CONSIDERATION OF THE
RING MOUNTAIN DEVELOPMENT AGREEMENT
Government Code SS65864-6586915 authorize cities and
counties to enter into binding development agreements with
persons having legal or equitable interests in real property for
the development of such property and authorize the establishment
of procedures for consideration and applications for such
agreements:
Now, therefore, the Town Council of the Town of Tiburon
finds, determines and orders as follows:
1. The procedures and requirements for the consideration of
the Ring Mountain Development Agreement as set forth in Exhibit
"A" attached to this resolution and made a part by this reference
are adopted.
2. The Director of Community Development is instructed to
prepare and adopt such application forms, check lists and other
documents as are deemed necessary to implement the procedures and
requirements.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 7, 1983 by the following vote:
AYES: COUNCILMEMBERS: Bergmann, Edelstein, Rockey,
Smith, Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
EXHIBIT "A"
REGULATIONS ESTABLISHING PROCEDURES AND
REQUIREMENTS FOR CONSIDERATION OF
THE RING MOUNTAIN DEVELOPMENT AGREEMENT
Article 1. Application
Section 101. Authority for Adoption. These regulations are
adopted under the authority of Government Code SS65864-65869.5.
Section 102. Forms and Information.
(a) The Director of Community Development (Director) shall
prescribe the form for the application.
(b) The Director may require the applicant to submit such
information and supporting data as may be deemed necessary to
process the application.
Section 103. Fees. The Town Council (Council) shall by
separate action fix the fees for the filing and processing of the
application.
Section 104. Qualification of Applicant. Only the pe~_son
who has legal or equitable interest in the real property which is
the subject of the development agreement may file an application
to enter into a development agreement. Applicant includes
authorized agent. The Director may require the applicant to
submit proof of applicant's interest in the real property and of
the authority of the agent to act for the applicant. Before
processing the application, the Director shall obtain the opinion
of the Town Attorney as to the sufficiency of the applicant's
interest in the real property to enter into the agreement.
Section 105. Proposed Form of Agreement. The application
shall be accompanied by the form of development agreement
proposed by the ?pplicant.
1
Section 106< Review of Application~ The Director shall
endorse on the application the date it is received, and may
reject it if it is incomplete or inaccurate for processing. If
the application is complete, it shall be accepted for filing.
The director shall review the application and determine the
additional requirement-necessary to complete the agreement.
After receiving the required information, the Director shall
prepare a staff report and recommendation and shall state whether
the
agreement proposed or in an amended form would be consistent with
the general plan and any applicable specific plan.
Article 2. Notices and Hearing.
Section 201. Duty to Give Notice. The Director shall
give notice of intention to consider adoption of the development
agreement and of any other public hearing required by law or
these rules.
Section 202. Requirements for Form and Time of Notice of
Intention to Consider Adoption of Development Agreement.
(a) Form of Notice. The form of the notice of intention to
consider adoption of the development agreement shall contain:
(l)the time and place of hearing:
(2)a general explanation of the matter to be
considered including a general description of the are
affected: and
(3)other information required by specific provision
of these regulations or which the Director considers
necessary or desirable.
(b) Time and Manner of Notice. The time and manner of
giving notice is by:
(l)Publication. Publication at least once in a
newspaper of general circulation, published and
circulated in the Town of Tiburon or if there is none,
posting in at least three public places in the Town.
2
(2)Mailing~ fvlailing of the notice to all persons
shown on the last equalized assessment roll as owning
real property wi thin 300 feet of the property which is
the subject of the proposed development agreement. If
the number of owners to whom notice is to be mailed is
greater than 1,000, the Director may as an alternative
provide notice in the manner set forth in S65854.5(b)
of the Government Code.
(c) Declaration of Existing Law. The notice
requirements referred to in subsections (a) and (b) are
declaratory of existing law (Government Code 865867 and SS65854,
65854.5 and 65856 as incorporated by reference). If state law
prescribes a different notice requirement, notice shall be given
in that manner.
Section 203. Failure to Receive Notice. The failure
of any person entitled to notice required by law or these
regulations does not affect the authority of the Town of Tiburon
to enter into a development agreement.
Section 204. Rules Governing Conduct of Hearing. The
public hearing shall be conducted as nearly as may be in
accordance with the procedural standards adopted under Government
Code S65804 for the conduct of zoning hearings. Each person
interested in the matter shall be given an opportunity to be
heard. The applicant has the burden of proof at the public
hearing on the proposed development agreement.
Section 205. Irregularity in Proceedings. No action,
inaction or recommendation regarding the proposed development
agreement shall be held void or invalid or be set aside by a
court by reason 'of any error, irregularity, informality, neglect
or omission ("error") as to, any matter pertaining to petition,
application, notice, finding, record, hearing, report,
recommendation, or any matters of procedure whatever unless after
an examination of the entire case, including the evidence, the
court is of the opinion that the error complained of was
prejudicial and that by reason of the error the complaining party
3
sustained and suffered substantial injury; and that a different
result would have been probable if the error had not occurred or
existed. There is not presumption that error is prejudicial or
that injury was done if error is shown.
Article 3. Standards of Review, Findings and Decision
Section 301. Determination by Planning Commission.
After the hearing by the Planning Commission (Commission), the
Commission shall make its recommendation in writing to the Town
Council. The recommendation shall include the Commission's
determination Whether or not the development agreement proposed:
(l)is consistent with the objectives, policies,
general land uses and programs specified in the general
plan and any applicable specific plan:
(2)is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in
which the real property is located:
(3)is in conformity with public convenience, general
welfare and good land use practice:
(4)will be detrimental to the health, safety and
general welfare:
(5)will adversely affect the orderly development of
property or the preservation of property valued.
The recommendation shall include the reasons for the
recommendation.
Section 302. Decision by Town Council.
(a) After the Council completes the public hearing, it
may accept, modify or disapprove the recommendation of the
Commission. It 'may, but need not, refer matters not previously
considered by the Commission during its hearing back to the
Commission for report and recommendation. The Commission may,
but need not, hold a public hearing on matters referred back to
it by the Council.
4
(b) The Council may not approve the development
agreement unless it finds that the provisions of the agreement
are consistent with the general plan and any applicable specific
plan.
Section 303. Approval of Development Agreement. If
the Council approves the development agreement, it shall do so by
the adoption of an ordinance.
After the ordinance approving the development agreement
takes effect, the Town of Tiburon may enter into the agreement.
Article 4. Amendment and Cancellation of Agreement by Mutual
Consent
Section 401. Initiation of Amendment or
Cancellation. Either party may propose an amendment to or
cancellation in whole or in part of the development agreement
previously entered into.
Section 402. Procedure. The procedure for proposing
and adoption of an agreement to or cancellation in whole or in
part of the development agreement is the same as the procedure
for entering into an agreement in the first instance (Articles 1
through 3).
However, where the Town of Tiburon initiates the proposed
amendment to or cancellation in whole or in part of the
development agreement, it shall first give notice to the property
owner of its intention to initiate such proceedings at least 30
days in advance of the giving of notice of intention to consider
the amendment or cancellation required by Section 202.
Article 5. Recordation.
Section 501. Recordation of Development Agreement,
Amendment or Cancellation.
(a) ~Hth 10 days after the Town of Tiburon enters into
the development agreement, the Town Clerk shall have the
agreement recorded with the County Recorder.
5
(b) If the parties to the agreement or their
successors in interest amend or cancel the agreement as provided
in Government Code S65868, or if the Town of Tiburon terminates
or modifies the agreement as provided in Government Code S65865.1
for failure of the applicant to comply in good faith with the
terms or conditions of the agreement, the Town Clerk shall have
notice of such action recorded with the County Recorder.
Article 6. Periodic Review.
Section 601. Time for Initiation of Review. The Town
of Tiburon shall review the development agreement every twelve
(12) months from the date the agreement is entered into.
The time for review may be modified either by agreement
between the parties or by initiation in one or more of the
following ways:
(1) recommendation of the planning staff:
(2) affirmative vote of at least a majority of the
members of ~1e Commission:
(3) affirmative vote of at least a majority of the
members of the Town Council.
Section 602. Notice of Periodic Review. The Director
shall begin the review proceeding by giving notice that the Town
of Tiburon intends to undertake a periodic review of the
development agreement to the property owner. He shall give the
notice at least ten (10) days in advance of the time in which the
matter will be considered by the Town Council.
Section 603. Public Hearing. The Council shall
conduct a public hearing at which the property owner must
demonstrate good faith compliance with the terms of the
agreement. The burden of proof on this issue is upon the
property owner.
6
Section 604~ Findings Dron Public Hearing: The Town
Council shall determine upon the basis of substantial evidence
whether or not the property owner has, for the period under
review, complied in good faith with their terms and conditions of
the agreement.
Section 605. Procedure Upon Findings.
(a) If the Town of Tiburon finds and determines on the
basis of substantial evidence that the property owner has
complied in good faith with the terms and conditions of the
agreement during the period under review, the review for that
period is concluded.
(b) If the Town of Tiburon finds and determines on the
basis of substantial evidence that the property owner has not
complied in good faith wi th the terms and conditions of the
agreement during the period under review, the Town of Tiburon may
modify or terminate the agreement.
Article 7. Modification or Termination
Section 701. Proceedings Upon Modification or
Termination. If, upon a finding under Section 605(b), the Town
of Tiburon determines to proceed with modification or termination
of the agreement, the Town of Tiburon shall give notice to the
property owner of its intention so to do. The notice shall
contain:
(l)the time and place of the hearing:
(2)a statement as to whether or not the Town of
Tiburon proposes to terminate or to modify the
development agreement:
(3)other information which the Town of Tiburon
considers necessary to inform the property owner of ~1
nature of the proceeding.
7
Section 702: Hearing on Modification or Termination:
At the time and place set for the hearing on modification or
termination; the property owner shall be given an opportunity to
be heard. The Town Council may refer the matter back to the
Commission for further proceedings or for report and
recommendation: The Town Council may impose those conditions to
the action it takes as it considers necessary to protect the
interests of the Town of Tiburon. The decision of the Town
Council is final.
8
RESOLUTION NO. 2175
A RESOLUTION OF THE TO~rn COUNCIL OF THE
TO~rn OF TIBURON EXPRESSING APPRECIATION
TO THE MILL VALLEY REFUSE COMPANY
~mEREAS, in November 1965, the Town of Tiburon and the Mill
Valley Refuse Company entered into a franchise agreement for
refuse collection, and
WHEREAS, during these many years of operation in the Town of
Tiburon, the Mill Valley Refuse Company has provided very
efficent, reliable and overall excellent service to Tiburon
residents and the business community, and
WHEREAS, on numerous occasions the Town of Tiburon has
benefitted from various additional services provided by the Mill
Valley Refuse Company at no extra charge,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby commend and express its appreciation
to the Mill Valley Refuse Company for its outstanding franc~ise
service to the Tiburon community, and for Mill Valley Refuse
Company's continued interest and willingness to provide
occasional voluntary assistance to the Town's programs and
activities.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 7, 1983, by the following
vote:
AYES:
ROCKEY,
COUNCILMEMBERS: BERGMANN, EDELSTEIN,
SMITH, SPRATLING
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST:
R. L.
RESOLUTION NO. 2174
A RESOLUTION OF THE TOWN COUNCIL OF THE
TO~m OF TIBURON EXPRESSING ITS APPRECIATION
TO THE CORINTHIAN YACHT CLUB
WHEREAS, the Corinthian Yacht Club has long been recognized
as an outstanding sailing and yachting organization by both
sailors and yachtsmen throughout the country, and
WHEREAS, the Corinthian YachtdClub is likewise recognized
and respected throughout the west coast for its many sailing and
yachting achievements and for its beautiful facilities on the
Tiburon Peninsula, and
WHEREAS, the Tiburon community has indeed benefited from the
numerous civic and local public activities sponsored by the
Corinthian Yacht Club, and
WHEREAS, the Corinthian Yacht Club has always cooperated and
assisted the Town of Tiburon on matters of mutual interest or
concern, and continues to encourage participation by the Town and
its officials in many of the Club's public recognition programs
and activities, and
WHEREAS, the Corinthian Yacht Club has on occasion very
generously provided the use of its facilities to the Town of
Tiburon for certain local civic functions,
NOH, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon does hereby commend and express its appreciQtion
to the Corinthian Yacht Club for its extraordinary and exemplary
public service, and extends its best wishes to the Corinthian
Yacht Club for continued success in its future endeavors, and
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon does hereby recognize, acknowledge and commend the
Corinthian Yacht Club upon its approaching 100th year anniversary
since incorporation in 1886.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on December 7, 1983, by the following
vote:
AYES:
COUNCILMEMBERS: BERGMANN, EDELSTEIN, ROCKEY,
SMITH, SPRATLING
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
'~9
RESOLUTION NO. 2173
RESOLUTION OF THE TIBURON TOWN COUNCIL
FINDING THAT THE USE OF REDEVELOPMENT
HOUSING FUNDS OUTSIDE THE TIBURON
REDEVELOPMENT PROJECT AR~A WILL BE OF
BENEFIT TO THE PROJECT
WHEREAS, the Tiburon Redevelopment Agency (the "Agency")
has prepared a Redevelopment Plan (the "Plan") for the Tiburon
Redevelopment Project (the "Project") and has submitted the Plan
to the Town Council for its consideration; and
WHEREAS, the Plan calls for twenty percent (20%) of the tax
increment revenues received by the Agency to be used for the
purposes of providing low- and mOderate-income housing
opportunities as required by Health and Safety Code Section
33334.2(a} (such portion of the tax increment received by the
Agency is hereinafter reterred to as the "Redevelopment Housing
Funds"); and
WHEREAS, the Tiburon Redevelopment Project Area (the
"Project Area") includes property suitable for low- and moderate-
income housing as set forth in the Plan;
WHEREAS, there may exist in the Town of Tiburon other
locations outside the Project Area which are also appropriate for
the use of the Redevelopment Housing Funds to provide low- and
moderate-income housing opportunities to the community, and such
use of Redevelopment Housing Funds outside the Project Area will
be of direct support and benefit to the Project.
NOW, THEREFORE, BE IT RESOLVED by the Tiburon Town Council
that the use of Redevelopment Housing Funds outside the Project
Area will be of benefit to the Project.
FURTHER RESOLVED that this resolution shall take effect
immediately.
I HEREBY CERTIFY the foregoing resolution was introduced at
an adjourned regular meeting of the Tiburon Town Council on
November 21, 1983, by Dennis Rockey
, who moved its adoption
and passage, which motion was carried after being duly seconded,
and passed by the following vote:
AYES:
BERGMANN, EDELSTEIN, ROCKEY, SMITH SPRATLING
NOES:
NONE
ABSENT:
NONE
ABSTAINED:
NONE
~~
'ROBERT L. KL INERT,
Town Manager/Town Clerk
TI2R9/JN/11/14/83
-2-
\;'
RESOLUTION NO.
2172
RESOLUTION OF THE TIBURON TOWN COUNCIL
APPROVING AND AUTHORIZING EXECUTION OF A
FISCAL AGREEMENT CONCERNING THE TIBURON
REDEVELOPMENT PROJECT
WHEREAS, the Tiburon Redevelopment Agency (the II Agencyll )
has prepared a Redevelopment Plan (the IIPlanll) for the Tiburon
Redevelopment Project (the IIprojectll) and has submitted the Plan
to the Town Council for its consideration; and
WHEREAS, the Plan calls for the use of tax increment
revenues pursuant to Health and Safety Code Section 33670 et.
seq. as one method for financing the Project; and
WHEREAS, the Town desires to mitigate any fiscal detriment
or burden to the taxing entities currently receiving property tax
revenues from the Project Area; and
WHEREAS, Agency and Town staff have worked with various
affected taxing entities to prepare an agreement (the "Fiscal
Agreementll) to alleviate any fiscal detriment or burden to such
taxing entities; and
WHEREAS, the Fiscal Agreement is attached to this
Resolution as Exhibit A and is incorporated in the Resolution by
this Reference; and
WHEREAS, the Town finds that execution and implementation
of the Fiscal Agreement is in the best interests of the Project.
NOW, THEREFORE, BE IT RESOLVED by the Tiburon Town Council
that the Council hereby approves of the Fiscal Agreement attached
to this Resolution as Exhibit A;
FURTHER RESOLVED that the Mayor is authorized to execute
the Fiscal Agreement on the Agency's behalf and transmit the
executed Agreement to the other parties to the Agreement.
RESOLUTION NO. 2171
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING AND AUTHORIZING EXECUTION OF
THE AGREEMENT WITH CAL/TRANS FOR FEDERAL AID
URBAN SYSTEM PROJECTS PROGRAM SUPPLEMENT NO. 4
- DOWNTOWN TIBURON BOULEVARD IMPROVEMENTS
WHEREAS, the Town of Tiburon has applied for Federal Aid
Urban System funds for the improvement of Tiburon Boulevard
(State Route 131) from Main Street to Beach Road, and
~mEREAS, this project has been approved as part of the FAU
Program of Marin County, and
~EREAS, the Town of Tiburon has agreed to provide the
required matching funds of $550,000 for this project,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon authorizes the execution of Program
Supplement No.4, Project No. M 5131(4), of Master Agreement No.
04-5388 with the Department of Transportation.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on November 2, 1983 by the
following vote:
AYES: COUNCILMEMBERS: Bergmann, Edelstein, Smith
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: Rockey, Spratling
ATTEST"
RESOLUTION NO. 2170
A RESOLUTION OF THE TO~m COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING AN APPROPRIATIONS
LIMIT PURSUANT TO ARTICLE XIIIB OF THE
CALIFORNIA CONSTITUTION
WHEREAS, Article XIIIB of the Constitution of the State of
California provides that the total annual appropriations subject
t exceed the appropriations limit of such entity of government
for the prior year adjusted for changes in the cost of living and
population except as otherwise provided in said Article XIIIB:
and
WHEREAS, pursuant to said Article XIIIB of the Constitution
of the State of California, the Town Council of the Town of
Tiburon deems it to be in the best interests of the Town of
Tiburon to establish an appropriations limit for the Fiscal Year
1983-84: and
WHEREAS, the Finance Director of the Town of Tiburon has
determined that said appropriations limit for the Fiscal Year
1983-84 be established in the amount of $1,455,078.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Tiburon that an appropriations limit for Fiscal Year
1983-84 pursuant to ARticle XIIIB of the Constitution of the,
State of California be established in the amount of $1,455,078
and the same is hereby established.
BE IT FURTHER RESOLVED that said appropriations limit herein
established may be changed as deemed necessary by resolution of
the Town Council.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on November 2 , 1983 by the
following vote:
AYES:
COUNCILMEMBERS:
Bergmann, Edelstein, Rockey,
Smith
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
Spratling
ATTEST:
drafted 11/2/83
RESOLUTION NO. 2169
A RESOLUTION OF THE TIBURON 'l'miN
COUNCIL APPROVING THE ANENDl"'lEN'I'
TO THE PRECISE PLAN FOR 39 MAIN STREET
The Tiburon Town Council does resolve as follows:
Section 1. Findings.
A. "!'he Town Council has received and considered the amendment to th~
Master and Precise Plan submitted by National Emergency Services,
Inc. to change a restaurant/bar use to office use on the first
floor of 39 Main.
B. The Town Council has found that the use is in conformance with the
intent of the Downtown Plan and with the General Plan of the Town
of Tiburon.
C. The fI'own Council has made affirmative findinss consistent with the
standards required in Section 10-10 of the Tiburon ~oning
Ordinance dealing with the PD (Planned Development) Zone.
D. The use will not be detrimental to the downtown area.
E. 'l'he Town Council believes that an excelJtion to the parking
standards to allow the required parking spaces to be lJrovided on
another parcel of land is appropriate so long dS it is understood
that the parking must be maintained to allow the continued
operation of the business.
Section 2. Approval.
/
/~
The Town Council hereby approves the amendment to the Precise Plan
subject to the following conditions:
1. Prior to the issuance of any building permits and prior to
the commencement of the proposed use, the owner of the property
shall submit proof that the parking requirements (6 slJaces)
required for the proposed use have been met and will continue to
be availCible so long as the use provided for in the Precise Plan
is continued.
2. In the event that at any time the owner of the property fCiils
or ceases to provide the parking required hereunder, Precise Plan
approval may be revoked for failure to comply with the conditions
of approval and, in such event, the uses provided for hereunder
shall be discontinued immediately. It shall not be necessary that
the required parking be provided on the same parcel or on a
contiguous parcel, but the location of the parking and its
availability to the users of 39 Main shall be subject to the
approval of the Director of Community Development.
PASSED AND ~DOPTED at a regular meeting of the Town Council
on October 19 , 1983 by the following vote:
AYES:
COUNCILMEMBERS:
Bergmann, Rockey,
Smith, Spratling
Edelstei
None
NOES:
ABSENT:
COUl.;fC ILMEMBERS :
COUNCILMEMBERS:
RESOLUTION NO. 2168
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOltVN OF TIBURON APPROVING MODIFICATIONS
TO THE NORTHWESTERN PACIFIC PRECISE PLAN/TENTATIVE MAP
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findings.
1. The Northwestern pacific Railroad Company, acting through its
representative, the Southern Pacific Development Company
(Applicant), has heretofore submitted a Master and precise Plan
and Tentative Map for the deveLopment of approximately 38 acres of
land owned by it in the downtown area of Town, which said plans
have been approved.
2. Applicant has submitted for approval moaifications to the Precise
Development Plan and Tentative Subdivision Map, said modifications
being identified as follows:
A. Letter from Southern Pacific Development Company dated
September 30, 1983.
B. Maps consisting of: Sheet Ll, Site Plan; Sheet L2, Proposed
Plaza Plan; Sheet A, Elevations (Bayside); Sheet B, Elevations
(Bayside); Sheet 6, Building #13 Elevations, all by Fisher-
Friedmen Associates, Architects, dated 9/28/83.
3. The Town Council (Council) has held a duly noticea public hearing
to review the proposed modifications and recommendations of the
Planning Commission.
4. The Council has considered the modifications, considered the
consistency with the previously approved Master Plan, Precise Plan
and Tentative Map and has determined the changes to be consistent
with the Downtown plan after carefully weighing the policies
contained therein.
5. The Council finds that the amendments, as herein stated and
subject to the conditions imposed, conform to the Town's Downtown
Plan and General plan as well as with other applicable
regulations.
Section 2. Approval
NOW, THEREFORE, BE IT RESOLVED that the Precise Plan and
Tentative Subdivision Map are approved as modified below and su~ect
to the following terms and conditions:
The Precise plan is modified as follows:
Text entitled "Downtown Tiburon Precise plan" consisting of 5 pages is
amended as follows:
1. Density-tand Use Mix (page 1) is changed per letter dated
September 8, 1983 (3 pages). The total square footage of
273,600 shall not be exceeded.
2. The building footprints for the Bayside buildings are modified
per site plan dated 9/28/83 by Fisher-Friedman Associates,
Architects.
3. The building changes and modification of the plaza area shall
be approved by the Council after review and recommendation by
the Board of Adjustments and Review.
1
The Tentative Map is changed as follows:
4. Sec. (7) of Resolution No. 1113 is changed to read:
The final Bayside building locations shall be as shown on the
plan entitled Southern pacific Development by Fisher-Friedman
Associates, Architects, dated 9/28/83.
5. Sec. (6) (a) of Resolution No. 1113 is changed to read:
(a) Public parking (Spaces Dedicated to Town - Public/Free)
Donahue Building
Mar West/paradise Turnaround
Ferry Drop Off
11
12
23
6 6
29
29
Tennis Courts
(b) Fee Lot (Public Fee)
Spaces Required at standard retail allocation
of 4 spaces per 1,000 sq. ft., 22,106 sq. ft.
88
Commuter
125
Undesignated
26
239*
(c) Residential (private)
Bayside Residential:
\
covered
Open (Guest)
72
9l
163
Lagoon Residential
Covered
Open
72
80
152
Marsh Residential
Open
60
60
Minimum Total parking provided**
672
*
Plus or minus (+) adjustment of 3 spaces is a~~owea so as to
provide bicycle-and motorcycle racks/spaces. A ratio of compact
spaces to full size spaces of 1:1 is included in the fee lot
spaces.
**
The ratio of compact spaces to full size spaces, as defined by the
Town's parking Ordinance, may be further increased to 1:1
throughout the project, thereby increasing the number of spaces
provided.
2
6. All other requirements and conditions of the Master Plan
(Ordinance No. 219 N.S.) Precise Plan (Resolution No. 1090 and
Tentative Map (Resolution No. 1113) whether specified above or
not shall be met.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on October 5, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Bergmann, Smith
NOES:
COUNCILMEMBERS: Rockey
ABSENT:
COUNCILMEMBERS:
Date drafted 9/30/83
Amended 10/5/83
3
RESOLUTION NO. 2167
A RESOLUTION OF THE TIBURON TOWN COUNCIL
RECOMMENDING APPROVAL OF THE AMENDMENT TO
THE DOWNTOWN PRECISE PLAN FOR THE GATEWAY BUILDING
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings.
A. The Town Council of the Town of Tiburon has received and
considered the request of Main Street properties for an
amendment to the Downtown Precise Plan to allow
construction of a 900 square foot building at an
alternative location.
B. The amendment to the precise plan is described as
follows:
1. Site Plan "B", Fire Department Route and possible,
temporary Juanita Lane Extension Layout, "Gateway",
dated August 26, 1983.
2. Letters from Lee Karney, architect, dated July 11,
1983, August 10, 1983, August 12, 1983, August 26,
1983 and September 7, 1983.
C. The Planning Commission and Town Council have held duly
noticed public hearings for the purpose of reviewing the
application and receiving comments and recommendations
from the public.
D. The Town Council has found the amenoment to be in
conformance with the Tiburon General Plan and Downtown
Plan.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon approves the amendment to the Precise
Plan subject to the following conditions:
1. No food or alcohol sale or consumption shall be allowed
on the premises.
2. No entertainment or amplification shall be provided that
will produce noise beyond the boundaries of the
property.
3. The applicant shall apply and receive approval from the
Board of Adjustments and Review for the building and
landscaping plan.
4. The applicant shall provide five parking spaces for the
building.
5. The applicant shall submit a complete parking study of
all Main street properties showing the square footage,
use, number of employees of each building and the
location of the required parking spaces for that use.
This study to be submitted and approved by the Planning
Commission and Town Council prior to issuance of a
Building Permit.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on October 5, 1983 by the
following vote:
AYES:
COUNCILMEMBERS: Bergmann, Rockey, Smith
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Edelstein, Spratling
Clerk
Town
Date drafted: 9/29/83
RESOLUTION NO. 2166
A RESOLUTION OF THE TIBURON TOWN COUNCIL APPROVING
AN AMENDMENT TO THE PRECISE PLAN/TENTATIVE MAP
FOR THE AVENIDA MIRAFLORES SUBDIVISION
Section 1. Findings.
A. The Town Council of the Town of Tiburon has received and
considered the request of George Somps for an amendment to the
precise plan/Tentative Map for the Avenida Miraflores subdivision.
B. The amendment to the Precise Plan and Tentative Map are described
as follows:
1. Site Plan dated 7-26-83.
2. Application form dated August 23, 1983.
C. The Town Council has held duly noticed public hearings for the
purpose of reviewing the application and receiving comments and
recommendations from the public.
D. The Town Council has found the amendment to be in conformance with
the Tiburon General plan as well as other applicable regulations
and is in substantial conformance with the approved Master Plan.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon approves the amendment to the Precise plan/Tentative Map
subject to the following conditions:
1. Applicant shall submit a revised site map of 181 Avenida
Miraflores to staff showing the amended primary building enve~ope
and accessory building envelope as approved by the Planning
Commission and Town Council.
2. Any additional structure in the accessory building envelope shall
be limited to one story.
3. Applicant shall apply to the Board of Adjustments and Review for a
variance from the six foot height limit for the rear retaining
wall prior to filing the building envelope revision with the
County Recorder.
4., Applicant shall submit structural calculations or evidence that
steel was used in construction of the rear retaining wall to the
Town Engineer and Building Inspector prior to filing the building
envelope revision with the County Recorder.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on October 5, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Bergmann, Rockey, Smith
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCIL~lBERS:
Clerk
RESOLUTION NO.
2165
RESOLUTION OF THE TIBURON TOWN COUNCIL
AUTHORIZING THE CONVENING OF A JOINT
PUBLIC HEARING WITH THE TIBURON
REDEVELOPMENT AGENCY TO CONSIDER A
REDEVELOPMENT PLAN, THE REPORT THEREON,
AND THE ENVIRONMENTAL IMPACT REPORT FOR
THE TIBURON PROJECT AREA
WHEREAS, the Tiburon Town Council has been informed by the
Tiburon Redevelopment Agency that a Redevelopment Plan and the
Report thereon for the proposed Tiburon Redevelopment Project
Area are currently being completed for submission to the Town
Council The Report on the Redevelopment Plan includes the
Environmental Impact Report for the Project;
WHEREAS, there is a need for a joint public hearing with
the Redevelopment Agency to consider the Plan and Report, and to
have interested groups and citizens be heard on the Plan and
Report.
NOW, THEREFORE, BE IT RESOLVED by the Tiburon Town Council
that the Town Council approves the convening of a joint public
hearing with the Redevelopment Agency on November 21 1983 at
7:30 p.m. at the Town Hall, 1155 Tiburon Blvd., Tiburon, CA for
purposes of considering the aforesaid Redevelopment Plan and the
Report thereon; and
FURTHER RESOLVED, that the Town Clerk is hereby directed to
publish in cooperation with the Redevelopment Agency the attached
"Legal Notice - Joint Public Hearing" not less than once a week
for five successive weeks in The Ark, the newspaper of general
circulation designated by the Agency; and
FURTHER RESOLVED, that the Tiburon Town Council hereby
directs the lown Clerk to cooperate with the Redevelopment Agency
in mailing a copy of the aforesaid Notice to the last known
assessee of each parcel of land in the area designated in the
aforesaid Redevelopment Plan, at his/her last known address as
shown on the last equalized asessment roll of Marin County; and
FURTHER RESOLVED, that the Town Council hereby directs that
the Town Clerk cooperate with the Tiburon Redevelopment Agency in
mailing a copy of the aforesaid Notice to the governing body of
each of the taxing agencies which levies taxes upon any property
in the project area designated in the proposed Redevelopment Plan
aforesaid; and
FURTHER RESOLVED, that this resolution shall take effect
immediately.
PASSED AND ADOPTED at a regular meeting of the Tiburon
Town Council on October 5 , 1983 by the fOllowing vote:
AYES:
BERGMANN, ROCKEY, SMITH
NOES:
NONE
ABSENT:
ABSTAINED:
NONE
TIB3/JN/93083
RESOLUTION NO. 2164
A RESOLUTION OF THE TIBURON TOWN COUNCIL
APPROVING AN EXTENSION OF TIME FOR FILING THE
FINAL MAP FOR UNIT II OF THE LA CRESTA SUBDIVISION
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findings.
A. The Town Council of the Town of Tiburon has received and
considered the request of La Cresta Investors for an extension of
time to file the Final Map for unit II.
B. The Town Council of the Town of Tiburon approved the Tentative Map
submitted by La Cresta Investors (formerly Nana Enterprises) for
the development of 29 single family lots on November 18, 1981.
C. The Tiburon Subdivision Ordinance states that a Tentative Map
shall automatically expire 24 months from the date the map was
approved by the Town Council unless the Final Map has been duly
recorded by the County Recorder or unless extended by action of
the Planning Commission and Town Council.
D. The Planning Commission and Town Council has held duly noticed
public hearings for the purpose of reviewing the request and
receiving comments from the public.
Section 2. Approval
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon approves a two (2) year extension of the expiration date
for the Unit II of the La Cresta Subdivision Map from November 18,
1983 to November 18, 1985.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on October 5, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Bergmann, Rockey, Smith
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS:
Clerk
Date drafted: 9/29/83
RESOLUTION NO. 2163
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE RING
MOUNTAIN PRECISE PLAN AND TENTATIVE MAP
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findings.
A. The Board of Supervisors of the County of Marin has adopted
Ordinance No. 2711 approving the Ring Mountain Master Plan subject
to certain conditions.
B. Richard Coombs on behalf of Ring Mountain Limited has submitted an
application for Precise Plan and Tentative Subdivision Map
approval to the Town of Tiburon in conformity with the Marin
County Board of Supervisors Ordinance No. 2711.
C. The application for the Precise Plan and Tentative Subdivision Map
consists of the following:
a) Drawings prepared by DeBolt Civil Engineering, sheets C-l, C-
2 revised 4/11/83, sheets C-3 through and including C-6 dated
February 1983.
b) Architectural drawings prepared by Brochier & Associates,
Architects, sheets A-2 through A-5 dated April 1, 1983.
c) Landscape drawings by Orbis Design Associates showing
landscape details, sheets L-2 through L-S, dated April 1,
1983. ,
d) One sheet identified "Common driveway and Lot 47 revision" by
Brochier & Associates, Architects, dated 7/20/83.
e) Geotechnical Investigation, Ring Mountain Development, Marin
County, prepared by Harding Lawson & Associates, Job
#9337,004.01.
f) Landslide Assessment Open Space Ring Mountain Development,
prepared by Harding Lawson & Associates, Job #13,211,001.01.
g) Letters from Stephen Korbay, Harding Lawson & Associates,
dated June 21, 1983, June 24, 1983, July 6, 1983, July 8,
1983, July 13, 1983, July 26, 1983 and July 27, 1983.
h) Letter from Allan Brochier, Brochier & Associates,
Architects, dated July 13, 1983 and August 29, 1983.
D. An Environmental Impact Report for the project was prepared. It
was reviewed and found adequate by the Town of Tiburon and
certified by the County of Marin.
E. The Town Council has held duly noticed public hearings on the
application, has reviewed the soils report and taken evidence of
testimony from the public and others.
F. The Town Council finds that the number of lots shown in the
Precise Plan and Tentative Subdivision Map is appropriate and that
the lots are, feasible and environmentally sound building sites so
long as the conditions applied to the Precise Plan and Tentative
Subdivision Map are met.
G. The Town Council finds that the proposed subdivision together with
the provisions for its design and improvement is consistent with
the Tiburon General Plan.
H. The applicant has represented that if the Town approves the
Precise Plan and Tentative Map as conditioned herein, the
applicant will promptly proceed with annexation of the areas of
proposed development to the Town of Tiburon. It is based on that
representation that the Town Council approves the Precise Plan and
Tentative Subdivision Map and the Town agrees to assist the
developer in annexation proceedings.
1
I. The Town Council finds that it approves the Precise Plan and
Tentative Subdivision Map on the understanding that the property
shall be promptly annexed to the Town of Tiburon. If not annexed,
the Town will request that the County of Marin will apply
additional conditions to fulfill the policies and goals of the
Town of Tiburon.
J. This Resolution shall become effective and all time limits shall
start upon annexation of the development areas to the Town of
Tiburon.
Section 2,. Approval.
The Precise Plan and Tentative Map described above are approved
subject to the conditions and requirements set forth herein:
1. Applicant shall comply with all applicable Subdivision
Regulations including Final Subdivision Maps which shall be
submitted in accordance with all requirements of the Town
Engineer.
2. Applicant has requested and the Council acknowledges the
intention to file multiple Final Maps based upon the
Tentative Map as provided in Section 66456.1 of the
Subdivision Map Act of the State of California. Said section
provides multiple Final Maps to be filed prior to the
expiration of the Tentative Map.
3. All utilities serving the development shall be underground.
On the Taylor Road phase~ street lighting shall not be
required although the utilities shall be underground and
conduit will be provided.
4. All utilities shall be guaranteed by the serving district in
writing for each of the phases prior to the recordation of
each phased Final Map.
5. Applicant shall comply with the requirements of the Marin
Municipal Water District.
6. Applicant shall satisfy all requirements of the Tiburon Fire
Protection District and the Alto Richardson Bay Fire
District.
7. Applicant shall contribute in-lieu housing fees of $153,000
to be paid to the appropriate agency to help offset the
impact of proposed development. In-lieu fees shall be paid
in accordance with the payment schedule contained in County
Ordinance No. 2572, Section 22.97.150(d). The in-lieu fees
shall become effective for each separate phase of the
development at the time of the filing of the Final Map for
that phase. The amount of the in-lieu housing fees shall be
$2,250.00 per lot times the number of lots in the phase.
8. Site development shall be in accordance with the
recommepdations and requirements of the Town Engineer
including but not limited to those set forth in his letter of
September 18, 1983 as minimum standards, and shall be in
conformance with the reports prepared by Harding Lawson
Associates geotechnical investigation of the Ring Mountain
Development and the Landslide Assessment Open Space Ring
Mountain Development previously referred to.
9. Prior to the recordation of the Final Map, provision shall be
made in the C. C. & R. IS or other document approved by the
Town Attorney or otherwise to provide that any additional
construction on lots, requiring a building permit, including
swimming pools, shall be designed by a licensed Civil
Engineer specializing in soil mechanics to determine the
impact of the improvements on loading of the slopes and
2
potential seepage problems: This requirement may be waived
by the Building Official for construction which does not
effect soils or drainage.
10. Prior to approval of a Final Map or any phased Final Map, the
developer shall post a performance bond to ensure completion
of the subdivision improvements described in the Improvement
Plan/Grading Plan and to repair the landslides or unstable
areas related to the phased Final Map with the improvements
to be determined by the Town Engineer in accordance with his
letter of September 21, 1983 referring to the September 13,
1983 letter from Coombs Development.
11. The applicant shall post a maintenance bond for subdivision
improvements and landslide and stabilization improvements for
each phase including those improvements identified in the
Town Engineer's letter of September 21, 1983.
12. The applicant shall provide Public Liability and Property
Damage insurance, or a bond, or other method approved by the
Town Council after review by the Town Attorney that will
assure reimbursement to affected property owners for damage
caused by construction activity and from landslides on
unstable areas threatening any improvements constructed on
the subject parcel or existing improvements on property
contiguous to the development area of the project. The
minimum amount of the insurance shall be $2,500,000.00 (Two
million five hundred thousand dollars) and shall be adjusted
annually to reflect inflation or deflation as measured by the
Engineering News Record Cost Index. The insurance, bond or
other method shall be for a minimum of 10 years from the date
of completion of each phase of construction. The insurance
bond or other method shall be in place for each separate
phase of the development prior to the construction of said
phase. The insurance, bond or other method may be
transferred at any time to an appropriate homeowners
association or the Town of Tiburon (for maintenance in
perpetuity) so long as a guarantee satisfactory to the Town
Council is provided by the applicant to ensure a ten year
minimum term.
13. Grading plans for the project shall be accompanied by a
comprehensive erosion control plan. The grading and erosion
control plan shall be filed with the San Francisco Bay
Regional Water Quality Control Board together with a
construction schedule at least 60 days prior to the start of
construction.
14. Applicant is to participate in a traffic study. To satisfy
that requirement, applicant shall deposit with the Town of
Tiburon $9,000.00 to offset the cost of a study to determine
appropriate off-site traffic improvements to the
intersections of Tiburon Boulevard with Redwood Highway,
Blackfield Drive, Reed Ranch Road and Trestle Glen
Boulevard. The Town shall be responsible for requiring other
developments, such as the Highlands, which would cause a
significant impact to the intersections mentioned above, to
pay a proportionate share of the cost of the study. The Town
will disburse to the applicant any funds received to offset
the cost of the traffic study.
15. Developer shall post a construction bond or insurance or
otherwise ensure the Town of Tiburon against damage as may be
determined by the Town Engineer to Town streets caused by
construction activity. This shall include Taylor Road as
well as all access roads to the south side of the property as
deemed necessary by the Town Engineer and the Superintendent
of Public Works.
3
16. Each dwelling shall be subject to the Design Review
procedures of the Town of Tiburon prior to the issuance of a
Building Permit:
17. Open space easements and/or restrictions in the subdivision's
C. C. & R's shall be utilized to prohibit all development on
slopes in excess of 40% and to discourage excessive
construction on particularly visible sites.
18. Grading shall be limited to the dry May 1 through October
period.
19. An effective erosion and dust control plan shall be prepared
and shall be implemented during the grading of the project
site. Plans shall include detailed measures to control the
erosion of stockpiled earth and exposed soil. Silt traps
shall be provided at the project site. Areas of disturbed
soil shall be re-vegetated immediately after grading.
Hydromulching of disturbed soils on moderate and steep slopes
shall be required. As a minimum, the dust control plan shall
provide that adjacent streets shall be mechanically and/or
manually swept clean of soil to reduce dirt on a frequent
basis. Applicant shall be required to post with the Town a
refundable deposit for each phase in an amount to be
determined by the Town Engineer, prior to the filing of each
Final Map to ensure that the erosion and dust control plan is
effectively carried out.
20. The Declarations of Covenants; Conditions and Restrictions or
other appropriate means together with all proposed deed and
title restrictions, scenic easements and offers of dedication
shall be submitted to the Department of Community Development
for review and approval by the Town Attorney prior to filing
the Final Map.
21. Noise generating equipment shall not be started or arrive on
site before 7:45 a.m. Construction and site preparation
shall be limited to weekdays between the hours of 8:00 a.m.
and 5:00 p.m. unless specifically authorized in advance by
the Town Manager in limited special circumstances.
22. Parcels not to be developed shall be permanent open space and
shall be preserved and managed to protect the site's
significant natural, historical and recreational resources.
With regard to the approximately 280 acre environmental
resource management area, the applicant shall either:
1) Retain as private open space with public trail access as
provided herein, or
2) Deed to an appropriate non-profit organization for the
purpose of permanent open space protection and
management, or
3) Make an irrevocable offer of dedication to a public
agency.
The open space area shall be maintained as a resource area through a
land management plan to be submitted and reviewed prior to the filing
of the Final Subdivision Map: Transfer of title shall not occur
without the approval of the Town or until a land management plan has
been approved. If not dedicated to a public agency or an appropriate
non-profit agency, the Final Subdivision Map of the open space parcel
shall include a public pedestrian easement, satisfactory to the Town
Council, along the Tiburon peninsula ridge line trail shown on the
Countywide Plan.
23. All of the appropriate mitigation measures from the Ring
Mountain Environmental Impact Report not otherwise prohibited
4
under Government Code Section 65961 may be imposed as
conditions on subsequent Design Review applications.
24. In order to minimize erosion and sedimentation, C. C. & R. 's
or other appropriate means shall provide that the keeping of
horses shall be prohibited on all lots.
25. In order to minimize fire hazards, C. C. & R. 's or other
appropriate means shall provide for maintenance by the
homeowners of a 50 ft. fire prevention strip between the
homesites and. the open space areas. Easements as may be
necessary for thi~ purpose, shall be provided to the
satisfaction of the Town Engineer.
26. In order to ensure continued maintenance of the drainage
systems throughout the property, an Assessment District,
Benefit District or other appropriate means shall be formed
to provide repair and maintenance of the drainage system.
The District shall provide to the Town, among other things, a
report no less than annually on the condition of the drainage
systems throughout the property. An Assessment District,
Benefit District or other appropriate means shall be formed
to be responsible for all open space maintenance within the
development area boundaries and to maintain adequate fire
safety standards.
27. All drainage facilities shown on the Precise Plan and
Tentative Subdivision Map shall not be fenced as proposed but
rather shall be constructed to a size to be approved by the
Town Engineer and pipes shall be caged or otherwise protected
to the satisfaction of the Town Engineer.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on September 21, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Rockey, Smith,
Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/
Date drafted:
Date revised:
8/10/83
8/16/83, 8/17/83, 9/15/83, 9/21/83
5
RESOLUTION NO. 2163
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE RING
MOUNTAIN PRECISE PLAN AND TENTATIVE MAP
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findings.
A. The Board of Supervisors of the County of Marin has adopted
Ordinance No. 2711 approving the Ring Mountain Master Plan subject
to certain conditions.
B. Richard Coombs on behalf of Ring Mountain Limited has submitted an
application for Precise Plan and Tentative Subdivision Map
approval to the Town of Tiburon in conformity with the Marin
County Board of Supervisors Ordinance No. 2711.
C. The application for the Precise Plan and Tentative Subdivision Map
consists of the following:
a) Drawings prepared by DeBolt Civil Engineering, cover sheet
revised 4-11-83 and sheets C-l and C-2 both revised 4/11/83,
sheets C-3 through and including C-6 dated February 1983.
b) Architectural drawings prepared by Brochier & Associates,
Architects, sheets A-2 through A-5 dated April 1, 1983.
c) Landscape drawings by Orbis Design Associates showing
landscape details, sheets L-2 through L-5, dated April 1,
1983. .
d) One sheet identified "Common driveway and Lot 47 revision" by
Brochier & Associates, Architects, dated 7/20/83.
e) Two maps by Brochier & Associates, Architects, identified as
"Lot 15 revised location dated revised 9-16-83" and "Proposed
lotting revisions areas II and III, dated revised 9-16-83".
f) Geotechnical Investigation, Ring Mountain Development, Marin
County, prepared by Harding Lawson & Associates, Job
#9337,004.01.
g) Landslide Assessment Open Space Ring Mountain Development,
prepared by Harding Lawson & Associates, Job 113,211,001.01.
h) Letters from Stephen Korbay, Harding Lawson & Associates,
dated July 8, 1983, July 13, 1983, and July 27, 1983.
i) Letter from Allan Brochier, Brochier & Associates,
Architects, dated July 13, 1983 and August 29, 1983.
j) Letters from Michael Karoly, DeBolt Civil Engineering dated
June 21, 1983, June 24, 1983, July 6, 1983 and July 26, 1983.
k) Letter from Richard Coombs, Coombs Development, dated
September 13, 1983.
D. An Environmental Impact Report for the project was prepared. It
was reviewed and found adequate by the Town of Tiburon and
certified by the County of Marin.
E. The Town Co~ncil has held duly noticed public hearings on the
application, has reviewed the soils report and taken evidence of
testimony from the public and others.
F. The Town Council finds that the number of lots shown in the
Precise Plan and Tentative Subdivision Map is appropriate and that
the lots are feasible and environmentally sound building sites so
long as the conditions applied to the Precise Plan and Tentative
Subdivision Map are met.
G. The Town Council finds that the proposed subdivision together with
the provisions for its design and improvement is consistent with
the Tiburon General Plan.
1
H. The applicant has represented that if the Town approves the
Precise Plan and Tentative Map as conditioned herein, the
applicant will promptly proceed with annexation of the areas of
proposed development to the Town of Tiburon. It is based on that
representation that the Town Council approves the Precise Plan and
Tentative Subdivision Map and the Town agrees to assist the
developer in annexation proceedings.
I. The Town Council finds that it approves the Precise Plan and
Tentative Subdivision Map on the understanding that the property
shall be promptly annexed to the Town of Tiburon. If not annexed,
the Town will request that the_County of Marin will apply
additional conditions to fulfill the policies and goals of the
Town of Tiburon.
J. This Resolution shall become effective and all time limits shall
start upon annexation of the development areas to the Town of
Tiburon.
Section 2. Approval.
The Precise Plan and Tentative Map described above are approved
subject to the conditions and requirements set forth herein:
1. Applicant shall comply with all applicable Subdivision
Regulations including Final Subdivision Maps which shall be
submitted in accordance with all requirements of the Town
Engineer.
2. Applicant has requested and the Council acknowledges the
intention to file multiple Final Maps based upon the
Tentative Map as provided in Section 66456.1 of th~
Subdivision Map Act of the State of California. Said section
provides multiple Final Maps to be filed prior to the
expiration of the Tentative Map.
3. All utilities serving the development shall be underground.
On the Taylor Road phase, street lighting shall not be
required although the utilities shall be underground and
conduit will be provided.
4. All utilities shall be guaranteed by the serving district in
writing for each of the phases prior to the recordation of
each phased Final Map.
5. Applicant shall comply with the requirements of the Marin
Municipal Water District.
6. Applicant shall satisfy all requirements of the Tiburon Fire
Protection District and the Alto Richardson Bay Fire
District.
\
Applicant shall contribute in-lieu housing fees of $153,000
to be paid to the appropriate agency to help offset the
impact of proposed development. In-lieu fees shall be paid
in accqrdance with the payment schedule contained in County
Ordinance No. 2572, Section 22.97.l50(d). The in-lieu fees
shall become effective for each separate phase of the
development at the time of the filing of the Final Map for
that phase. The amount of the in-lieu housing fees shall be
$2,250.00 per lot times the number of lots in the phase.
8. Site development shall be in accordance with the
recommendations and requirements of the Town Engineer
including but not limited to those set forth in his letter of
June 28, 1983 as minimum standards, and shall be in
conformance with the reports prepared by Harding Lawson
Associates geotechnical investigation of the Ring Mountain
Development and the Landslide Assessment Open Space Ring
Mountain Development previously referred to.
7.
2
9. Prior to the recordation of the Final Map, provision shall be
made in the C. C. & R.'s or other document approved by the
Town Attorney or otherwise to provide that any additional
construction on lots, requiring a building permit, including
swimming pools, shall be designed by a licensed Civil
Engineer specializing in soil mechanics to determine the
impact of the improvements on loading of the slopes and
potential seepage problems. This requirement may be waived
by the Building Official for construction which does not
effect soils or drainage.
10. Prior to approval~ of a Fi~al Map or any phased Final Map, the
developer shall post a performance bond to ensure completion
of the subdivision improvements described in the Improvement
Plan/Grading Plan and to repair the landslides or unstable
areas related to the phased Final Map with the improvements
to be determined by the Town Engineer in accordance with his
letters of June 28, 1983 and September 21, 1983 referring to
the September 13, 1983 letter from Coombs Development.
11. The applicant shall post a maintenance bond for subdivision
improvements and landslide and stabilization improvements for
each phase including those improvements identified in the
Town Engineer's letter of September 21, 1983.
12. The applicant shall provide Public Liability and Property
Damage insurance, or a bond, or other method approved by the
Town Council after review by the Town Attorney that will
assure reimbursement to affected property owners for damage
caused by construction activity and from landslides on
unstable areas threatening any improvements constructed on
the subject parcel or existing improvements on property
contiguous to the development area of the project. The
minimum amount of the insurance shall be $2,500,000.00 (Two
million five hundred thousand dollars) and shall be adjusted
annually to reflect inflation or deflation as measured by the
Engineering News Record Cost Index. The insurance~ bond or
other method shall be for a minimum of 10 years from the date
of completion of each phase of construction. The insurance
bond or other method shall be in place for each separate
phase of the development prior to the construction of said
phase. The insurance, bond or other method may be
transferred at any time to an appropriate homeowners
association or the Town of Tiburon (for maintenance in
perpetuity) so long as a guarantee satisfactory to the Town
Council is provided by the applicant to ensure a ten year
minimum term.
13. Grading plans for the project shall be accompanied by a
comprehensive erosion control plan. The grading and erosion
control plan shall be filed with the San Francisco Bay
Regional Water Quality Control Board together with a
construction schedule at least 60 days prior to the start of
construction.
14. Applicqnt is to participate in a traffic study. To satisfy
that requirement, applicant shall deposit with the Town of
Tiburon $9,000.00 to offset the cost of a study to determine
appropriate off-site traffic improvements to the
intersections of Tiburon Boulevard with Redwood Highway,
Blackfield Drive, Reed Ranch Road and Trestle Glen
Boulevard. The Town shall be responsible for requiring other
developments, such as the Highlands, which would cause a
significant impact to the intersections mentioned above, to
pay a proportionate share of the cost of the study. The Town
will disburse to the applicant any funds received to offset
the cost of the traffic study.
15. Developer shall post a construction bond or insurance or
otherwise ensure the Town of Tiburon against damage as may be
3
determined by the Town Engineer to Town streets caused by
construction activity. This shall include Taylor Road as
well as all access roads to the south side of the property as
deemed necessary by the Town Engineer and the Superintendent
of Public Works.
16. Each dwelling shall be subject to the Design Review
procedures of the Town of Tiburon prior to the issuance of a
Building Permit.
17. Open space easements and/or restrictions in the subdivision's
C. C. & R's shall~be utilized to prohibit all development on
slopes in excess of 40% and to discourage excessive
construction on particularly visible sites.
18. Grading shall be limited to the dry May 1 through October
period.
19. An effective erosion and dust control plan shall be prepared
and shall be implemented during the grading of the project
site. Plans shall include detailed measures to control the
erosion of stockpiled earth and exposed soil. Silt traps
shall be provided at the project site. Areas of disturbed
soil shall be re-vegetated immediately after grading.
Hydromulching of disturbed soils on moderate and steep slopes
shall be required. As a minimum, the dust control plan shall
provide that adjacent streets shall be mechanically and/or
manually swept clean of soil to reduce dirt on a frequent
basis. Applicant shall be required to post with the Town a
refundable deposit for each phase in an amount to be
determined by the Town Engineer, prior to the filing of each
Final Map to ensure that the erosion and dust cont~ol plan is
effectively carried out.
20. The Declarations of Covenants, Conditions and Restrictions or
other appropriate means together with all proposed deed and
title restrictions, scenic easements and offers of dedication
shall be submitted to the Department of Community Development
for review and approval by the Town Attorney prior to filing
the Final Map.
21. Noise generating equipment shall not be started or arrive on
site before 7:45 a.m. Construction and site preparation
shall be limited to weekdays between the hours of 8:00 a.m.
and 5:00 p.m. unless specifically authorized in advance by
the Town Manager in limited special circumstances.
22. Parcels not to be developed shall be permanent open space and
shall be preserved and managed to protect the site's
significant natural, historical and recreational resources.
With regard to the approximately 280 acre environmental
resource management area, the applicant shall either:
1) Retain as private open space with public trail access as
provided herein, or
2) Deed to an appropriate non-profit organization for the
purpose of permanent open space protection and
management, or
3) Make an irrevocable offer of dedication to a public
agency.
The open space area shall be maintained as a resource area through a
land management plan to be submitted and reviewed prior to the filing
of the Final Subdivision Map. Transfer of title shall not occur
without the approval of the Town or until a land management plan has
been approved. If not dedicated to a public agency or an appropriate
non-profit agency, the Final Subdivision Map of the open space parcel
shall include a public pedestrian easement, satisfactory to the Town
4
Council, along the Tiburon peninsula ridge line trail shown on the
Countywide Plan.
23. All of the appropriate mitigation measures from the Ring
Mountain Environmental Impact Report not otherwise prohibited
under Government Code Section 65961 may be imposed as
conditions on subsequent Design Review applications.
24. In order to minimize erosion and sedimentation, C. c. & R.'s
or other appropriate means shall provide that the keeping of
horses shall be prohibited on all lots.
25. In order to minimize fire hazards, C. C. & R.'s or other
appropriate means shall provide for maintenance by the
homeowners of a 50 ft. fire prevention strip between the
homesites and the open space areas. Easements as may be
necessary for this purpose, shall be provided to the
satisfaction of the Town Engineer.
26. In order to ensure continued maintenance of the drainage
systems throughout the property, an Assessment District,
Benefit District or other appropriate means shall be formed
to provide repair and maintenance of the drainage system.
The District shall provide to the Town, among other things, a
report no less than annually on the condition of the drainage
systems throughout the property. An Assessment District,
Benefit District or other appropriate means shall be formed
to be responsible for all open space maintenance within the
development area boundaries and to maintain adequate fire
safety standards.
27. All drainage facilities shown on the Precise Plan ~nd
Tentative Subdivision Map shall not be fenced as proposed but
rather shall be constructed to a size to be approved by the
Town Engineer and pipes shall be caged or otherwise protected
to the satisfaction of the Town Engineer.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on September 21, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, ROCkey, Smith
Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
MANAGER/CLERK
Date drafted:
Date revised:
8/l0/83
8/16/83, 8/17/83, 9/15/83, 9/21/83
5
RESOLUTION NO. 2162
A RESOLUTION OF THE TIBURON TOWN COUNCIL APPROVING
AN AMENDMENT TO THE PRECISE PLAN/TENTATIVE MAP FOR THE
LA CRESTA DEVELOPMENT OF 20 ACRES OFF VIA LOS ALTOS
The Tiburon Town Council does resolve as follows:
Section 1. Findings.
A. The Town Council of the Town of Tiburon has received and
considered the request of Nana Enterprises for an amendment to the
Precise Plan/Tentative Map for the La Cresta Subdivision to allow
expansion of the adopted building envelopes.
B. The amendment to the Precise Plan and Tentative Map are described
as follows:
1. Site Plan Map - revised 8-25-83.
2. Letter of Application dated 8-1-83.
C. The Town Council has held duly noticed public hearings for the
purpose of reviewing the application and receiving comments and
recommendations from the public.
D. The Town Council has found the amendment to be in conformance with
the Tiburon General Plan as well as other applicable regulations
and is in substantial conformance with the approved Master Plan.
Section 2. Approval
The Town Council approves the amendment to the Precise
plan/Tentative Map subject to the following conditions:
l. Condition No. 14 of the Town Council Resolution No. 1187 shall
be amended to read:
"Lot areas, Building Envelope areas, maximum building size
limits, and accessory building envelope areas shall be
generally shown on a revised Exhibit "A"."
2. All other conditions of Town Council Resolution No. 1187 dated
November 18, 1981 shall still apply.
3. No accessory structure shall be greater than one story.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on September 7, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Smith, Bergmann, Spratling
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Rockey,
ATTEST:
R.
Town
Date drafted: 8/31/83
RESOLUTION NO. 2161
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON DESIGNATING THE COUNTY OF MARIN
AS THE TOWN'S AGENT FOR SERVICE OF PROCESS
PURSUANT TO ~5236 eta seq., OF THE REVENUE
AND TAXATION CODE OF CALIFORNIA
WHEREAS, SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al.,
have filed suit against mast, if not all, of the cities and
Counties of the State in the Superor Court of te State of
California for te City and County of San Francisc, Action No.
8l0433; and
WHEREAS, plaintiff seek a refund of property taxes for
certain years; and
WHEREAS, Revenue and Taxation Code 85149 of the State of
California provides that a city may provide for the defense of
actions brought against it pursuant to 885136 eta seq. of the
Revenue and Taxation Code by counsel for the county provided that
the city has previously designated the county as its agent for
service of process of any action brought against it pursuant to
said ~@5136 et seq.; and
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Tiburon that the County of Marin is hereby designated as
the Town's agent for service of process for the above-entitled
action brought pursuant to SS5136 eta seq. of the Revenue and
Taxation Code of the State of California; and be it further,
resolved that the County provide a defense to the Town in the
action hereinabove referred to.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on September 7, 1983, by the followi.ng
vote:
AYES:
COUNCILMEMBERS: BERGMANN, SMITH SPRATLING
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS:
RESOLUTION NO. 2160
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON FOR RECOGNITION OF SERVICE
WHEREAS, John McKelvie has served the Town of Tiburon as a
Maintenance Worker in the Department of Public Works from
December 1969 to September 1983, a period of 14 years, and
WHEREAS, Mr. McKelvie has during his period of service
provided reliable and consistent service, and
WHEREAS, Mr. McKelvie at this point in his career has chosen
to pursue other endeavors, and
WHEREAS, it is with much reluctance that the Town bids
goodbye to Mr. McKelvie, and
WHEREAS, it is fitting and proper to acknowledge Mr.
McKelvie's long tenure and constant service with the Town, and
WHEREAS, the Town wishes Mr. McKelvie best wishes and good
fortune in his future endeavors.
NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon does
hereby acknowledge the reliable past service rendered by John
McKelvie, and does hereby wish Mr. McKelvie the best of luck and
success in his new community and future endeavors.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on September 7, 1983, by the following
vote:
AYES:
NOES:
COUNCILMEMBERS: BERGMANN, SMITH, SPRATLING
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: EDELSTEIN, ROCKEY
RESOLUTION NO. 2159
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON PROPOSING A 1983 AYALA DAY SPORTS
CHALLENGE TO THE CITY OF BELVEDERE
WHEREAS, in 1974 the City of Belvedere and Town of Tiburon
met for the first (sporting) time on the Del Mar gridiron; and
WHEREAS, the two Tiburon Peninsula agencies competed again
during the 1976 Bi-Centennial festivities in a challenge tug-of-
war contest; and
WHEREAS, since the inception of Ayala Day, the City of
Belvedere and Town of Tiburon have competed annually in spirited
Ayala Day volleyball contests which were later contested; and
WHEREAS, the overall challenge match record reflects a
slight edge to the Town of Tiburon, and in accordance with the
rules of proper gamesmanship, the Town of Tiburon offers the City
of Belvedere an opportunity to even the match series by
participating in a suitable sporting contest at Ayala Day 1983
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does hereby challenge the City of Belvedere to a
volleyball contest, and that a desirable date and location would
be Ayala Day 1983, Sunday, September 25th on Angel Island.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on September 7, 1983 by the following
vote:
AYES:
COUNCILMEMBERS: BERGMANN, SMITH, SPRATLING
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: EDELSTEIN, ROCKEY
Drafted: 8/25/83
RESOLUTION NO 2158
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING THE RATE OF THE OVERRIDE
TAX LEVY APPLICABLE TO THE TOWN'S 1972 OPEN
SPACE BOND ISSUE FOR FISCAL YEAR 1983-84
WHEREAS, in 1972 the voters approved the issuance of Open
Space Bonds by the Town of Tiburon to acquire certain real
propertYJ and
WHEREAS, an override tax rate for 1983-84 applicable to this
bonded indebtedness has been computed by the Marin County
Controller's Office; and
WHEREAS, the computed tax rate per $100 of full value is
.016 for fiscal year 1983-84, and which has been approved by the
Marin County Board of Supervisors;
NOW THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does hereby approve the rate of .016 per $100 of
full value as the override tax levy applicable to the Town's 1972
Open Space bond issue for fiscal year 1983-84.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon August 24, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
Spratling
NOES: COUNCILMEMBERS: None
drafted: 8/24/83
RESOLUTION NO. 2157
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ADOPTING THE MUNICIPAL BUDGET
FOR FISCAL YEAR 1983-84
WHEREAS, the Town Council now finds that the proposed
Municipal Budget, as amended, provides for all appropriate
municipal purposes and_ services within the current resources and
anticipated revenues for fiscal ye9r 1983-84; and
NOW, THEREFORE, BE IT RESOLVED, that said budget is hereby
approved and adopted as the Municipal Budget for the Town of
Tiburon for fiscal year 1983-84, and all expenditures,
encumbrances, transfers and appropriations set forth herein are
also approved; and
FURTHERMORE, BE IT RESOLVED: that the Town Manager may make
adjustments between functions and activities within the budget
provided that no increases or diminishment in salaries result
other than that provided by the Town's Personnel System and
Master Salary Program, and provided that no expenditure or
encumbrance contingent on contract, agreement, or other
engagement requiring approval of the Town Council shall be made
until such contract, agreement, or other engagement is first
approved by the Town Council.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on August 24, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
R.
RESOLUTION NO. 2156
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON COMMENDING PIERRE JOSKE
UPON HIS RETIREMENT FROM THE COUNTY OF MARIN
WHEREAS, pierre Joske has served the County of Marin since
1966 as Director of the Parks & Recreation Department, since 1973
as General Manager of the Open Space District and since 1978 as
Director of the Marin Center, and
WHEREAS, pierre Joske has made a substantial contribution to
the parks, recreation and open space growth of Marin County, and
has contributed greatly towards the quality of life in Marin, and
WHEREAS, the Town of Tiburon has particularly benefited as a
consequence of the professional skill and cooperation
demonstrated by pierre Joske in regard to the development of
Tiburon's parks, open space and trails programs, and
WHEREAS, this Town Council is desirous of publicly
recognizing pierre Joske for his distinguished public services,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon does hereby commend pierre Joske upon the
occasion of his retirement from public service with the County of
Marin and likewise wish him the very best in his future
endeavors.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on August 17, 1983 by the following vote:
AYES: COUNCILMEMBERS:
ROCKEY, SMITH
NOES:
ABSENT:
ATTEST: ~
~ERT
TOWN MANAGER/CLERK
RESOLUTION NO. 2155
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REPEALING RESOLUTION NO. 2089
RELATING TO FEES FOR COMMERCIAL AMUSEMENT DEVICES
WHEREAS Chapter 4 of Title II of te Tiburon Municipal Code
sets forth the business license tax to be imposed upon commercial
amusement devices ooperated in the Town of Tiburon, and
WHEREAS Resolution No. 2089 is now unnecessary to set the
amount of such tax on commercial amusement devices,
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 2089 is
hereby repealed in its entirety.
PASSED AND ADOPTED at a regular meeting of the Town Counci
of the Town of Tiburon on August 17, 1983, by the following vote:
AYES: COUNCILMEMBERS: EDELSTEIN, BERGMANN, SMITH, ROCKEY
SPRATLING
NOES: COUNCILMEMBERS: NONE
RESOLUTION NO. 2154
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE AGINS APPLICATION
FOR AN AMENDMENT TO THE PRECISE PLAN
BE IT RESOLVED by the Town Council of the Town of Tiburon as
follows:
Section 1. Findings.
A. On December 3, 1982, Donald and Bonnie Agins
(applicants) submitted an application for approval of an
amendment to Ordinance 245 N.S., which approved the Master P~an
for the development of their ridgeline property.
B. The Master plan previously approved provided that
roadway access to the development was to be via Gilmartin Drive.
C. Applicants are now concerned that construction of the
contemplated improvements to Gilmartin Drive, which are necessary
for access to their property, may be unduly delayed.
D. Applicants represent that they have secured legal access
to their property via Roundhill Road and propose to amend the
Master Plan so as to substitute that means of access in place of
Gilmartin Drive.
E. The Planning Commission has reviewed the request and has
adopted Resolution No. 345 recommending approval subject to
certain conditions.
F. The Town Council (Council) finds that at the time it
approved the Master Plan it did so on the basis that access to
the development would be via Gilmartin Drive; that haa it been
aware that access was to be via Roundhill Road, it might not have
approved 3 building sites until such time as alternate access
became available. The Council further finds, however, that
significant adverse effects which may occur as a result of the
approval of this proposed amendment can be mitigated by
applicants' agreement, as herein provided, to use alternate
access (e.g., Gilmartin Drive) when such becomes available and by
their agreement that at such time that it is available, they will
remove such improvements as may have been made by them to the
unpaved portion of Roundhill Road and restore it to the present
natural condition.
G. The Town Council finds that approval of this proposed
amendment has no effect whatsoever on the conditions in the Del
Madera Master Plan that all units receive access via Gilmartin
Drive.
H. The Town Council further finds that it approved the
access and circulation in the Del Madera Master Plan in the
contemplation tnat Assessor's Parcel Numbers 39-171-02, 03, 04,
05, 07, 08, 17 and 18 would gain access via Gilmartin Drive. The
Town Council restates its position that, notwithstanding approval
of this proposed amendment, the preferred access to said
properties is via Gilmartin Drive.
I. The Council makes the findings set forth in Ordinance
245 N.S., which said findings are hereby adopted by reference and
incorporated herein as if set forth in full hereat.
J. For the reasons set forth in Ordinance 245 N.S., and the
E.I.R. for this project, the Council finds that the vehicular
traffic that WOUia be generated by the use, and improvement of
Roundhill Road for the three homesites approved, would not have a
significant adverse effect on the environment so long as an
alternative means of access to the property could be developed in
the future.
Section 2. Approval.
The Precise Plan is approved, subject to the following
conditions and provisions:
1. Access to the property may be via a driveway at the
terminus of Roundhill Road provided that the driveway shall be
graded and improved only to the extent absolutely necessary in
the judgement of the Town Engineer to provide reasonable roadway
access. All roadway improvements to the driveway shall be
submitted to the Board of Adjustments and Review, the Planning
Commission and the Town Council for prior approval as part of the
improvement plans for the Final Map.
2. At such time as the Gilmartin Drive extension is
constructed or other alternative access as approved by the Town
to the Agins' parcel becomes available, the Agins or successor
shall remove such improvements as may have been made by them to
the portions of Roundhill Road and the Hacienda Drive extension
that do not lie within the approved alignment of the Gilmartin
Drive extension in the Del Madera Master Plan and those portions
shall be restored to their present original condition as
instructed by the Director of Community Development. Such
temporary driveway will be removed within 90 days after the
permanent access is opened to traffic. Cost of removal shall be
bonded to the satisfaction of the Town.
3. Except as expressly provided otherwise herein, all of
the terms, conditions and provisions of Ordinance 245 N.S., as
well as of the Resolution approving the Precise Plan and
Tentative Map remain unchanged.
PASSED AND ADOPTED at a regular meeting of the ~own Council on
August 3, 1983 by the following vote:
AYES:
COUNCILMEMBERS: Rockey, Smith, Bergmann,
Edelstein, Spratling
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
Clerk
Date drafted:
Date revised:
7/29/83
8/3/83
RESOLUTION NO. 2153
RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
TOWN OF TIBURON
The Town Council of the Town of Tiburon resolves:
The Finance Director has filed a list of all payments
received on account of assessments levied in Mountain View Drive
Undergrounding Assessment District, Town of Tiburon, Marin
County, California, and a list of all assessments or portions of
assessments unpaid after thirty (30) days following the
recordation of the assessments.
A copy of the Paid and Unpaid List is attached to this
resolution as Exhibit A and included in it. The Town Council
shall issue improvement bonds under the provisions of the
Improvement Bond Act of 1915 of the State of California upon the
security of the assessments shown as unpaid on the attached
list.
The Town Clerk shall transmit a copy of this
resolution to the County Auditor. The County Auditor is
requested to comply with the provisions of Section 8682 of the
Streets and Highways Code in the collection of installments of
these assessments on the assessment roll for taxes.
*
*
*
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on August 3, 1983,
by the following vote:
AYES:
COUNCILMEMBERS Edelstein, Bergmann, Smith, Rockey,
Spratling
CQUNCILMEMBERS None
NOES:
ABSENT: COUNCILMEMBERS
Drafted: 6/l5/83
PAID AND UNPAID LIST
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT,
TOWN OF TIBURON,
MARIN COUNTY, CALIFORNIA
ASSESS AMOUNT OF AMOUNT CREDIT TO AMOUNT
NUMBER ASSESSMENT PAID ASSESSMENT UNPAID
1 $4,264.43 $.00 $.00 $4,264.43
2 12,793.31 .00 .00 12,793.31
3 12,793.31 .00 .00 12,793.31
4 12,793.31 .00 .00 12,793.31
5 12,793.31 .00 .00 12,793..31
6 12,793.31 .00 .00 12,793.31
7 12,793.31 .00 .00 12,793.31
8 12,793.31 .00 .00 12,793.31
9 4,264.44 .00 .00 4,264.44
10 4,264.44 .00 .00 4,264.44
11 4,264.44 .00 .00 4,264.44
12 4,264.44 .00 .00 4,264.44
13 4,264.44 .00 .00 4,264.44
14 4,264.44 .00 .00 4,264.44
15 4,264.44 .00 .00 4,264.44
16 4,264.44 3,965.93 4,264.44 .00
17 4,264.44 .00 .00 4,264.44
18 4,264.44 .00 .00 4,264.44
19 .00 .00 .00 .00
y. .S: $136,462.00 $3,965.93 $4,264.44 $132,197.56
DISCOUNT FOR CASH PAYMENT: 7.000%
PAID AND UNPAID LIST
OF ASSESSMENTS IN
MOUNTAIN VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
I HEREBY CERTIFY that the attached list of Paid
and Unpaid Assessments correctly reflects (1) all amounts
received by me on account of assessments in Mountain View
Drive Undergrounding Assessment District, Town of Tiburon,
Marin County, California, within thirty (30) days after the
assessments became due and payable and (2) all amounts
remaining unpaid on each of the assessments in Mountain
View Drive Undergrounding Assessment District, Town of
Tiburon, Marin County, California.
Executed at Tiburon, California, on
, 1983.
ALAN NADRITCH, Finance Director,
Town of Tiburon, Marin County,
California
By
EXHiBIT ft,
RESOLUTION NO.
2152
A RESOLUTION OF THE TOWN COUNCIL OF THE TO~m
OF TIBURON ACCEPTING THE SOUTH OF THE KNOLL
IMPROVEMENTS - RICHARDSON BAY LINEAL PARK
WHEREAS, the South of the Knoll improvements have been
completed satisfactorily.
NOW, THEREFORE, BE IT RESOLVED that such work be accepted
by the Town Council of-the-Town of Tiburon subject to any
provisions of the contract 'with Valley Crest Landscape, Inc.,
7043 Commerce Circle, Pleasanton, CA.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on August 3 , 1983, by
the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Spratling
NOES: COUNC~LMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Drafted: 7/29/83
RESOLUTION NO. 2151
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING THE MARBELLA DEVELOPMENT TENTATIVE MAP
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findings.
A. Reza Najafi, as developer, has. submitted a Tentative Map to
develop 7 units on approximately 1.16 acres at 120 Redhill Circle.
B. The application for the Tentative Map consists of the following:
Maps: a) Tentative Map - Marbella Townhouses dated June 24,
1983; b) preliminary landscape Site plan dated 3-29-83, and c)
Off-site Storm Drain dated March, 1983, prepared by Stuber-Stroeh
Associates, Inc.
C. An Environmental Impact Report for this project was prepared for
the project and it has been reviewed and certified by the
Commission and Town Council.
D. A Condominium Use permit for the development of 7 units has been
reviewed and approved by the Planning Commission.
Section 2. Approval.
The Tentative Map described above is approved subject to the
conditions and requirements set forth herein:
1. Applicant shall comply with all applicable subdivision regulations
including Final subdivision Maps which shall be submitted in
accordance with all requirements of the Town Engineer.
2. All utilities serving the development shall be underground.
3. All utilities shall be guaranteed by the serving district in
writing prior to the recordation of the Final Map.
4. Applicant shaii comply with the requirements of the Marin
Municipal Water District.
5. Applicant shall satisfy all requirements of the Tiburon Fire
protection District.
6. Applicant shall submit all proposed deed and title restrictions
and proposed CC&RS to the Department of Community Development for
review and approval by the Town Attorney prior to the filing of
the Final Map.
7. Applicant sbaii comply with provisions of any Ordinance of the
Town requiring contributions to a Tiburon Boulevard Traffic
Improvement Fund.
8. Applicant shall comply with all conditions and requirements of the
Town Engineer regarding roads, utilities, soils, drainage and
slide repairs.
9. In keeping with the Town Council abatement order, the applicant
shall immediately, but not later than September 1, 1983, commence
repairs of the slide which is undermining Red Hill
Circle. Failure to proceed immediately with the repairs or to
complete the work by October 31, 1983 shall render the Tentative
Map null and void and no further action on the Map shall take
place. In addition, as a minimum, a deflection wall on the lower
property line to protect the 90 Lyford Drive residents from slide
debris shall be in place by October 31, 1983 or the Tentative Map
shall be null and void.
10. All conditions of the planning Commission Resolution 357 approving
the Conditional Use Permit for condominium use at 120 Redhill
Circle shall also apply to the Tentative Map.
11. The swimming pool as shown on the Tentative Map shall be removed
and replaced with a ~andscaped area.
12. The height of units "A" and "B" shall be reduced by an additional
2 feet.
13. The final map snaLL include height limits on all fences and
vegetation that impact all contiguous properties to the
satisfaction of the Director of Community Development.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on July 20, 1983, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Smith, Rockey,
Spratling
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bergmann
R. It. KLEINERT,
Town of Tiburon
Date drafted: 7/14/83
RESOLUTION NO. 2150
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON GRANTING A TEMPORARY USE PERMIT
TO MAIN STREET PROPERTIES TO OPERATE A PARKING LOT
IN DOWNTOWN TIBURON SUBJECT TO CERTAIN CONDITIONS
WHEREAS, Main Street properties, through its agent Keith Morrison
has requested a Temporary Use permit to operate a temporary parking
facility for approximately 100 cars in downtown Tiburon for use by
tenants and employees of Main Street properties and the Boardwalk and
for all day parking for those going to Angel Island, and
WHEREAS, the Town has determined that certain conditions should
be imposed on the granting of a Use Permit concerning the operations
of said parking lot; and
NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon does
grant to Main Street properties a Use permit to operate a temporary
parking lot for 100 cars on its property in downtown Tiburon under the
following conditions:
1. The Use permit shall expire one year from the date of this
Resolution.
2. The landscaping be maintained in a neat, healthy, and weed-
free condition satisfactory to the Director of Community
Development.
3. The applicant sna~~ construct a paved driveway from Beach
Road to the parking lot. The driveway length and width shal~
be to the standards of the Superintendent of publiq Works and
Town Engineer.
4. The parking lot shall not be paved.
5. Lighting shall be subject to the approval of the nirector of
Community Development.
6. Applicant may request renewal of the Use permit as provided
in Section 10-10 (J) of the Tiburon zoning Ordinance.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on July 20, 1983 by the following vote:
AYES:
COUNCIL~lliMBERS: Edelstein, Smith, Rockey
Spratling
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Bergmann
R.
Town
Date drafted: July 14, 1983
RESOLUTION NO. 2149
A RESOLUTION OF THE TOl~ COUNCIL OF ~HE TOtVN
OF TIBURON APPROVING AMENDMENT TO RESOLUTION
733 AS AMENDED BY RESOLUTION 2146 NHICH APPROVED
PRECISE PLAN FOR 7 - II MAIN STREET
An application having been filed which seeks an amendment
to Resolution 733, as amended by Resolution 2l46, and good cause
appearing therefor, BE_IT RESOLVED that Paraqraph l. B. of
Resolution 733, as amended.by Reso~ution 2146, is hereby amended
to read as follows:
"1. B. The premises shall be used for the following
purposes only: fish sales, bar and restaurant
with incidental sales of gift items, in conjunction
with the primary restaurant use. Preparationor
sale of food for immediate consumption adjacent
to the premises shall not be permitted. Provided,
however, that where the possibility of removal of
food from the premises is nominal, and incidental,
to the primary use, such may be permitted by use
permit authorized by the Town Council provided the
Council, in directing the issuance of such permit:
(a) finds that such use, as it may be conditioned,
will not result in an increase in litter
or any other problems;
(b) finds that such removal of food is nominal
and incidental to the primary use; and
(c) makes provision for periodic review for the
purpose of revoking the permit in the event
of a violation of its terms or a finding
that such use has resulted in an increase
in litter or any other problems."
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on July 20, 1983 , by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Smith, Rockey, Spratling
NOES: COUNCILHEMBERS: None
ABSENT: COUNCILHEMBERS: Bergmann
R.L.
Drafted: 7/20/83
RESOLUTION NO. 2148
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE PRECISE
PLAN FOR 1610 TIBURON BOULEVARD
WHEREAS, the Town Council of the Town of Tiburon has received and
considered the Master plan and precise plan submitted by Marin
Financial Corporation to establish a Thrift and Loan office at 1610
Tiburon Boulevard, and
WHEREAS, the Town Council has found that the use is in
conformance with the intent of the Downtown Plan and with the General
Plan of the Town of Tiburon, and
WHEREAS, the Town Council has made affirmative findings
consistent with the standards required in Section 10-10 of the Tiburon
zoning Ordinance dealing with the PD (Planned Development Zone), and
WHEREAS, the use will not be detrimental to the downtown area,
and
WHEREAS, the Town Council believes that an exception to the
parking standards to allow the required parking spaces to be provided
on another parcel of land is appropriate so long as it is understood
that the parking must be maintained to allow the continued operation
of the business, and
NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town
of Tiburon approves the Precise plan subject to the follwing
conditions:
1. prior to the issuance of any building permits and prior to
the commencement of the propoed use, the owner of the
property shall submit proof that the parking requi~ements
required for the proposed use have been met and will continue
to be available so long as the use provided for in the Master
Plan is continued.
2. In the event that at any time the owner of the property fails
or ceases to provide the parking required hereunder, Master
Plan approval may be revoKed for failure to comply witr} the
conditions of approval and, in such event, the uses providea
for hereunder shall be discontinued immediately. It shall
not be necessary that the required parking be provided on the
same parcel or on a contiguous parcel, but the location of
the parking and its availability to the users of 1610 Tiburon
Boulevard shall be subject to the approval of the Director of
Community Development.
3. The Director of Community Development shall cause the Master
Plan to be reviewed as directed by the Town Councilor the
Planning Commission for the purposes of substantiating
compliance with the parking requirements required hereunder.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on July 20, 1983 by the following vote:
AYES:
COUNCILMEMBERS:
Edelstein, Smith, Rockey
Spratling
None
Bergmann
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Town
Date drafted: 7/12/83
RESOLUTION NO. 2147
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE PRECISE
PLAN FOR 1704 TIBURON BOULEVARD
WHEREAS, the Town Council of the Town of Tiburon has
received and considered the Master Plan and Precise Plan
submitted by Manny Nashouf on behalf of the owner John Musso, to
establish a clothing boutique for men and women at 1704 Tiburon
Boulevard, and
WHEREAS, the Town Council has found that the use is in
conformance with the intent of the Downtown Plan and with the
General Plan of the Town of Tiburon, and
WHEREAS, the Town Council has made affirmative findings
consistent with the standards required in Section 10-10 of the
Tiburon zoning Ordinance dealing with the PD (Planned Development
Zone), and
WHEREAS, the use will not be detrimental to the downtown
area, and
WHEREAS, the Town Council believes that an exception to the
parking standards to allow the required parking spaces to be
provided on another parcel of land is appropriate so long as it
is understood that the parking must be maintained to allow the
continued operation of the business, and
NOW, THEREFORE BE IT RESOLVED, that the Town Council of the
Town of Tiburon approves the Precise Plan subject to the fo+lwing
conditions:
1. Prior to the issuance of any building permits and prior
to the commencement of the proposed use, the owner of
the property shall submit proof that the parking
requirements required for the proposed use have been met
and will continue to be available so long as the use
provided for in the Master Plan is continued.
2. In the event that at any time the owner of the property
fails or ceases to provide the parking required
hereunder, Master plan approval may be revoked for
failure to comply with the conditions of approval and,
in such event, the uses provided for hereunder shall be
discontinued immediately. It shall not be necessary
that the required parking be provided on the same parcel
or on a contiguous parcel, but the location of the
parking and its availability to the users of 1704
Tiburon Boulevard shall be subject to the approval of
the Director of Community Development.
3. The Director of Community Development shall cause the
Master plan to be reviewed as directed by the Town
Councilor the planning Commission for the purposes of
substantiating compliance with the parking requirements
required hereunder.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on July 20, 1983 by the following vote:
AYES:
COUNCIL~ffiMBERS: Edelstein, Smith, Rockey
Spratling
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCIL~ffiMBERS: Bergmann
R. Clerk
Town of
Date drafted: 7/13/83
RESOLUTION NO. 2146
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING AMENDMENT TO RESOLUTION
733 WHICH APPROVED PRECISE PLAN FOR 7 - 11
MAIN STREET
RECITALS:
1. The precise plan for the real property located at
7 - 11 Main Street was approved by Resolution No. 733. One of
the conditions contained in said Resolution was a provision
that, "Preparation of -food, for immediate consumption adjacent
to the premises shall not be permitted."
2. An application has been made for an amendment to
Resolution No. 733 for the purpose of permitting an ice cream
dessert parlor to locate on part of the premises.
3. The application seeks an amendment to the hereinabove
condition in order to provide that the nominal removal of
food from the premises as incidental to the primary use thereof
will not constitute a violation of the precise plan.
4. The Town Council finds that good cuase exists for such
modification of the said condition as hereinafter set forth.
NOW, THEREFORE BE IT RESOLVED, that Paragraph 1. B. of
Resolution No. 733 is hereby amended to read as follows:
"1. B. The premises shall be used for the following
purposes only: fish sales, bar and restaurant.
Preparation or sale of food for immediate consumption
adjacent to the premises shall not be permitted.
Provided however, that where the possibility
of removal of food from the premises is nominal,
and incidental, to the primary use, such may be
permitted by use permit authorized by the Town
Council provided the Council, in directing the
issuance of such permit:
(a) finds that such use, as it may be conditioned,
will not result in an increase in litter or
any other problems;
(b) finds that such removal of food is nominal
and incidental to the primary use: and
(c) makes provision for periodic review for the
purpose of revoking the permit in the
even of a violation of its termis or a
finding that such use has resulted in an
increase in litter or any other problem.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on July 6, 1983 by the following vote:
AYES: COUNCILMEMBERS:
Edelstein, Bergmann, Smith, Rockey,
Spratling
None
None
NOES: COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
GA
Town
ATTEST: _
~~~
Drafted:
7/6/83