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Home My WebLink AboutTC Ord 1983 - 1985 ORDINANCE NO. 311 , N.S. AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING PROCEDURES FOR THE PROCESSING AND APPROVAL OF VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. Citation and Authority. This ordinance is enacted under the authority granted by Chapter 4.5 of Division 2 of Title 7 (Section 66498.1, et seq.) of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute) and may be cited as the Vesting Tentative Map Ordinance. Section 2. Purpose and Intent. The purpose of this ordinance is to establish procedures necessary for the implementation of the vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act (Govt. Code ~~66410-66499.58) and Chapter 14 of the Tiburon Municipal Code (hereinafter referred to as "the Subdivision Ordi- nance"). Except as otherwise set forth in the provisions of this ordinance, the provisions of the Subdivision Ordinance shall apply to the Vesting Tentative Map. The Town Council has determined that this ordinance should be adopted as an urgency ordinance and finds that immediate adoption of the regulations outlined in this ordinance is necessary for the preservation of the public peace, health, and safety, in that the Legislature has, in Section 66498.8 of the California Government Code, required all cities within the State to adopt said procedures on or before January 1, 1986. Section 3. Consistency. No land shall be subdivided and developed under a vesting tentative map for any purpose which is inconsistent with the Subdivision Map Act. section 4. Definitions. (a) A "vesting tentative map" shall mean a "tentative map" for a residential subdivision, as described in the Subdivision Ordinance, that shall have printed conspicuously on its face the words "vesting Tentative Map" at the time it is filed in accor- dance with section 6, and is thereafter processed in accordance with these provisions. (b) All other definitions set forth in the Subdivision Ordinance are applicable. Section 5. Application. (a) This ordinance shall apply only to residential develop- ments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Subdivision Ordinance, re- quires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with these provisions. (b) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tenta- tive map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work prepara- tory to construction. Section 6. Filing and Processing. A vesting tentative map shall be filed in the same form and -1- have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in the Subdivision Ordinance for a tentative map except as hereinafter provided: (a) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tenta- tive Map". (b) The subdivider shall also supply any additional infor- mation required, and meet any additional requirements imposed, by the Town during the vesting tentative map approval process. Section 7. Fees. On filing a vesting tentative map, the subdivider shall pay a fee whiCh shall be set by resolution of the Town Council. Section 8. Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Ordinance for the expiration of the approval or conditional approval of a tentative map. Section 9. vesting on Approval of vesting Tentative Map. (a) The approval or conditional approval of a vesting ten- tative map shall confer a vested right to proceed with develop- ment in substantial compliance with the ordinances, policies, and standards described in Government Code ~66474.2. However, if Government Code ~66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditional- ly approved. (b) Notwithstanding subparagraph (a), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condi- tion dangerous to their health or safety, or both. (2) The condition or denial is required, in order to comply with state or federal law. (c) The rights referred to herein shall expire if a final map is not approved before the expiration of the vesting tenta- tive map as provided in section 8. If the final map is approved, these rights shall last for the following periods of time: (1) An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is record- ed. (2) The initial time period set forth in (c)(l) shall be automatically extended by any time used for processing a com- plete application for a grading permit or for design or architec- tural review, if such processing exceeds 30 days from the date a complete application for the permit or review is filed. (3) A subdivider may apply to the Planning Commission for a one-year extension at any time before the initial time period set forth in (c)(l) expires. If the extension is denied, the subdivider may appeal that denial to the Town Council within 15 days. (4) If the subdivider submits a complete application for a building permit during the periods of time specified in subparagraphs (1)-(3), the rights referred to herein shall con- tinue until the expiration of that permit, or any extension of that permit. section 10. Development Inconsistent With Zoning; Conditional Approval. (a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The Town may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding section 9(a) confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. (b) The rights conferred by this section shall be for the time periods set forth in section 9(c). Section 11. Applications Inconsistent With Current Policies. Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and stan- dards described in sections 9(a) and 10 and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. section 12. This ordinance is adopted pursuant to California Government Code section 36937(b) and is hereby declared to be an urgency measure necessary for the immediate preservation of the public peace, health and safety and shall be in force and effect immediately upon its adoption. Within fifteen (15) days after adoption, this ordinance shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED this 18 day of December, 1985, by the Town Council of the Town of Tiburon, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith, Bergmann None NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ~~~ VALERIE BERGMANN, M or ~~ R: L. KLEINERT, Town Clerk/Manager -3- ORDINANCE NO. 310 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE TOWN'S ANIMAL CONTROL ORDINANCE BY ADOPTING BY REFERENCE AMENDMENTS TO THE MARIN COUNTY ANIMAL CONTROL CODE The Town Council of the Town of Tiburon does hereby ordain as follows: section 1. Amendment. The Animal Control Ordinance of the Town of Tiburon, codified as sections 20-1 and 20-2 of the Tiburon Municipal Code, is hereby amended by incorporating by reference amendments to sections 8.08.070 and 8.04.122 of the Marin County Code, pertaining to Animal Control, as adopted by the Board of Supervisors of the County of Marin in Ordinance No. section 2. Effective Date. This ordinance shall be and is hereby declared to be in full force and effect as of thirty days from and after the date of its passage and shall be published once before the expiraton of fifteen days after its passage, with the names of the Councilmembers voting fo~ and against the same, in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 4, 1985, by the following vote: AYES: Councilmembers: Spratling, Wilson, Smith, Coxhead NOES: None ABSENT: Bergmann //L~U STONE COXHEAD, Vice-Mayor At~~ R. L. KLEINERT, Town Manager/Clerk Draft Date ORDINANCE NO. 309, N.S. AN INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 307, N.S., PROHIBITING ANY USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1: Ordinance No. 307 N.S., "An Interim Urgency Ordinance of the Town of Tiburon Prohibiting Any Uses That May Be In Conflict With A Contemplated General Plan Amendment And Attendant Zoning Proposals Pursuant To California Government Code ~ 65858", was adopted by the Town Council as an interim urgency measure on october 16, 1985, under the authority of Government Code section 65858. That ordinance will expire by operation of law on November 30, 1985, unless extended. On November 12, 1985, and November 21, 1985, the Town Council held public hearings after notice for the purpose of determining whether to extend Ordinance No. 307 N.S. and to consider amendments thereto. Following the conclusion of said hearings the Town Council determined to extend Ordinance No. 307 N.S. to and including January 25, , 198~. section 2. The Town Council does hereby find that by reason of the matters set forth in Section 3 of Ordinance No. 307 N.S., and further by reason of the information and data presented by staff and obtained at public hearings conducted on November 12, 1985, and November 21, 1985, that there continues to exist a current and immediate threat to the public health, safety, or welfare unless development within the Town of Tiburon is temporarily restricted during the conduct of contemplated revision of certain elements of the General Plan and Zoning Ordinance. The Town Council further finds that the approval of additional subdivisions, land use permits, variances, grading and building permits, and other entitlements for land use within the Town at this time would result in a threat to the public health, safety or welfare in that such development may well conflict with provisions of the proposed amendments to the General Plan and -1- zoning ordinance and/or other mitigation measures which may be enacted as a result of studies referred to herein. Issuance of land use permits and entitlements as described herein could well result in approval of developments which would create further irreversible adverse traffic impacts and which may well be inconsistent with density and intensity of use amendments contained in the contemplated General Plan and zoning studies. section 3. Ordinance No. 307 N.S., adopted on october 16, 1985, is hereby amended and extended to ,T.:=Jnll.:=Jry ?C; , 198...6-' This Ordinance shall, by operation of law, be of no further force and effect after January 25 , 198~, unless a subsequent ordinance adopted after notice and public hearings further extends Ordinance No. 307 N.S. pursuant to the statutory authority for such extension contained in California Government Code section 65858. Section 4. This Ordinance is adopted pursuant to the foregoing mentioned California Government Code section 65858 and is hereby declared to be an urgency measure necessary for the needed preservation of the public p~ace, safety or welfare and shall be in force and effect immediately upon its adoption. within fifteen (15) days after adoption, this ordinance shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at an adjournmeeting of the Town Council of the Town of Tiburon held on the -1&- day of November, 1985, by the following vote: AYES: Councilmembers: Spratling, Coxhead, Smith, Bergmann NOES: Councilmembers: None ABSENT: Councilmembers: Wilson ABSTAIN: Councilmembers: None APPROVED: ~~ $~ Y R. L. Kleinert, Town Clerk -2- ORDINANCE NO. 308 N.S. A ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE MASTER PLAN FOR A RESTAURANT AND EXPANDED SEATING AT 5 MAIN STREET The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. Findinqs. A. Edward G. Zelinsky, owner of Main Street Properties, has submitted an application for a Master Plan for a restaurant named Guaymas, and to remodel and expand seating therefor at the structure located at 5 Main Street in the Town of Tiburon. B. The Town Council of the Town of Tiburon (Council) has considered the application and has found that the use could be in conformance with the general intent of the Downtown Plan and the General Plan of the Town of Tiburon, provided certain conditions and modifications are applied to the use. C. The Council has made affirmative findings consistent with the standards required in Section 10-10 of the Tiburon Zoning Ordinance, dealing with the PD (Planned Development) District. D. The Council has found this use to be categorically exempt from the California Environmental Quality Act per Section 15101, Class la, Existing Facilities. Section 2. Approval. The Town Council of the Town of Tiburon does hereby approve a endment to the Master Plan for a restaurant at 5 Main Street subject to the following conditions: 1. The seating shall be limited to no more than 224 seats enclosed within the building and 188 outside seats, as generally shown on the application plot plan by RNA, Inc., dated May 31, 1985. 2. Applicant shall comply with all requirements of the County Health Department and any other agency that regulates food or alcoholic beverage establishments. 3. Any music or entertainment provided shall not be audible beyond the area under control of the owner or lessee. 4. All doors.shall be kept closed at-all times except in cases of emergencies, to permit deliveries, or for normal ingress and egress by patrons. ~ -1- ~ 5. No alcoholic beverages served on the premises shall be carried outside the building. 6. The building shall be inspected for conformance to the Uniform Building Code and general soundness. Any deficiencies noted shall be corrected in conjunction with the building permit required for the remodeling of the structure. All requirements of the Uniform Building Code and of the Building Official, including adequate ventilation, shall be satisfied prior to the commencement of the use of the area. 7. The use shall be subject to a review by the Town as directed by the Town Council to determine if the conditions of approval have been met. In the event it is determined the conditions of approval are not being met, the Council may direct reconsideration of the Master Plan and attach additional conditions, or the Master Plan may be revoked. 8. The applicant shall comply with all conditions of the Tiburon Fire Department. 9. Applicant shall secure all necessary approvals from BCDC prior to occupancy of the outdoor seating for the restaurant. 10. Applicant shall provide 32 additional parking spaces for use by the expanded restaurant. Applicant shall provide said additional spaces in the temporary parking lot located at the corner of Mar West and Tiburon Boulevard until said lot ceases to be used for parking, at which time applicant shall provide the required 32 parking spaces in permanent parking locations in the Town to be determined by the Council after public hearing. While using the temporary lot at Mar West and Tiburon Boulevard, applicant shall move some of its tenants who presently park at the Beach Road and Main Street Lots to the Mar West Lot to make available more downtown parking. 11. This Master Plan can be modified by application for a use permit under Section 21 of the Town Zoning Ordinance, provided, however, that the matter will be heard by the Planning Commission with final action by the Town Council. Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. -2- Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage and before the expiration of fifteen (IS) days after its passage, the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 6 , 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson ~ ATTEST: R'&~A~=~ Date drafted: 10/11/85 ~ -3- ORDINANCE NO. 307, N.S. AN INTERIM URGENCY ORDINANCE OF THE TOWN OF TIBURON PROHIBITING ANY USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE S 65858 The Town of Tiburon does hereby ordain as follows: Section 1. Pursuant to the provisions of California Government Code section 65858, the Town Council of Tiburon does hereby adopt this interim urgency ordinance prohibiting any uses which may be in conflict with a contemplated General Plan amend- ment, development generated traffic impact assessment, and any necessary and attendant zoning proposals in connection therewith. Section 2. Notwithstanding any other provisions of the Tiburon Municipal Code or any other ordinances or regulations of the Town of Tiburon to the contrary, no subdivisions, land use permits, building permits, grading permits, or other entitlement for use, shall be approved or granted while this ordinance re- mains in effect. Provided, however, that these restrictions shall not apply to the following: (a) Building permits for repairs to or the remodel- ing of existing commercial structures when the Planning Director has determined that such work will not result in a significant increase in the number of persons employed in or visiting the building nor generate a significant increase in vehicular traffic; (b) Conditional use permits for new uses or changes of use in the PD zoning district when the Planning Director has determined that such work will not result in a significant in- crease in the number of persons employed in or visiting the building nor generate a significant increase in vehicular traffic; (c) Additions, repairs, and other improvements to existing single family homes, and building permits required in connection therewith; (d) New single family homes on legal lots which are in existence on the date of adoption of this ordinance, and -1- building permits required in connection therewith; (e) Parking lots and other projects which the Coun- cil has determined not to be in conflict with the purposes of the interim urgency moratorium ordinance, upon issuance of a condi- tional use permit; improvements undertaken by or on behalf of the Town of Tiburon or any public safety agency or district on any public or private property, including but not limited to con- struction of the new Town Hall and a new firehouse; (f) Construction deemed necessary by the Town Coun- cil to preserve the public health and safety or to abate a nuisance; (g) Construction, maintenance, and repair of public or private roads, sanitary sewage, and/or drainage facilities; (h) Reconstruction and repair of property damaged by fire, earthquake, flood, or other catastrophic occurrences; (i) Lot splits creating not more than two parcels of land. Section 3. This ordinance is an urgency ordinance enacted for the preservation of the public health, safety or welfare, and shall therefore go into effect immediately upon its adoption. The basis and justification constituting the urgency for the adoption of this ordinance is as follows: Section 65858 of the California Government Code pro- vides for the adoption of urgency ordinances prohibiting any uses which may conflict or be inimical with a contemplated zoning proposal to be undertaken by a local governmental agency within a reasonable time. The Town intends to forthwith commence a complete review of its General Plan, including but not limited to land use, circulation and open space elements, as well as to undertake a comprehensive review and amendment of its zoning ordinance. In connection therewith the Town intends to prepare an inventory of all undeveloped parcels of land within its boundaries and con- sider rezoning some or all of said parcels should that be deemed appropriate. In addition, the Council deems it necessary and appropriate to review with the County of Marin the projected -2- strawberry area build-out and the projected adverse traffic im- pacts upon the Tiburon Wye and Tiburon Boulevard which will be occasioned thereby. Further, the Town desires to obtain an up- date and current status report on the Tiburon Boulevard Improve- ment Fund maintained by it, including but not limited to informa- tion as to total amount of funds received to date, funds expended to date, list of improvements made, and remaining fund balance, so as to determine the location and ways and means to best imple- ment future traffic improvements to Tiburon Boulevard. The Council intends to evaluate present and future capacity of streets, roadways, and intersections located within the Town and leading to and from the Town, and to study and assess the capacity of said streets, roadways and intersections to handle the traffic which may result from present and projected future land use developments. The Town Council does hereby find that by reason of the matters set forth hereinabove and by reason of the informa- tion and data presented by staff and obtained at public hearings conducted on October 2, 1985, and October 16, 1985, that there exists a present and immediate threat to the public health, safety or welfare unless development within the Town of Tiburon is temporarily restricted during the conduct of such studies and the contemplated revision of certain elements of the General Plan and the zoning ordinance. The Town Council further finds that the approval of additional subdivisions, land use permits, variances, grading and building permits, and other entitlements for land use within the Town at this time would result in a threat to the public health, safety or welfare in that such development may well conflict with provisions of the proposed amendments to the General Plan and zoning ordinance and/or other mitigation measures which may be enacted as a result of studies referred to herein. Issuance of land use permits and entitle- ments as described herein could well result in approval of developments which would create further irreversible adverse traffic impacts and which may well be inconsistent with density and intensity of use amendments contained in the contemplated -3- General Plan and zoning studies. Section 4. This interim urgency ordinance shall by oper- ation of law be of no further force and effect forty-five (45) days from and after the date of its adoption; provided, however, that after notice and public hearing the Town Council may by a four-fifths (4/5) vote extend this interim ordinance for a period of time not to exceed 22 months and 15 days. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have adopted the ordinance and each section, sub- section, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 6. This ordinance is hereby declared to be an urgency measure and shall be in force and effect immediately upon its adoption. Within fifteen (15) days after adoption, this ordinance shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Coun- cil of the Town of Tiburon held on the 16th day of October, 1985, by the following vote: AYES: Councilmembers: Bergmann, Coxhead, Smith, Spratling, and Wilson NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: L~~~ VALERIE W, BERGMANN MAYOR TOWN OF TIBURON ?rf~ 'R. . KLEINERT, TOWN CLERK -4- ORDINANCE NO. 306 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING CHANGE OF ZONING FROM RO-2 TO RPD-2, APPROVING THE VISTA TIBURON MASTER PLAN, AND APPROVING A CONDITIONAL CONDITONAL USE PERMIT FOR CONGREGATION KOL SHOFAR WHEREAS, The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findinqs. A. Taldan Investment Company, Inc. has submitted an application for rezoning, Master Plan, and Conditional Use Permit to the Town of Tiburon. B. The Master Plan application as revised through the public hearing process, consists of 34 single family homesites and a 7 + acre parcel which will be used as a Jewish synagogue. In addition, the Master Plan and Conditional Use Permit provide for a day school with a maximum student population of 100 on the synagogue parcel. C. The application for rezoning and Master Plan approval consists of the following documents: 1. An application narrative dated August 15, 1984 2. Conceptual Site Plan prepared by Kurtzman & Kodama, revised July 26, 1985. 3. A preliminary geotechnical map prepared by Donald Herzog Associates, Inc. dated 7/23/84 4. A conceptual grading, drainage and erosion control plan prepared by Schwartz-Waag Associates, Inc. dated 8/14/84 D. An Environmental Impact Report dated 3/23/85 was prepared for the project by Environmental Collaborative and has been found adequate by the Planning Commission and certified by the Town Council. E. The Planning Commission and Town Council have held duly noticed public hearings on the application, have taken field trips to the site, have reviewed all application materials, and the E.I.R., and have taken testimony from the public. F. The E.I.R. notes potentially significant constraints to development on portions of the site which cannot be evaluated on the basis of present geotechnical information. G. The E.I.R. notes that drainage and erosion problems could occur unless detailed plans are submitted which mitigate potential adverse impacts. H. The E.I.R. states that the visual quality of the upper portions of the site will be substantially altered due to its visual prominence and the Planning Commission and Town Council have considered methods to reduce the impact. The EIR recommends and the Town Council finds that in order to meet objectives contained in the Housing Element, Land Use Element, and Open Space Element (ref. H.E. VI B.l.f; O.S.E. B.7, G.2; L.U.E. II B.4.c, V.B.I) a clustered, single-family detached development pattern is necessary. -l- I. The Town Council finds that in order to mitigate the adverse environmental impacts conditions must be imposed as contained in the approval section of this resolution. J. The Town Council finds that the re-zoning conforms to the Tiburon General Plan and that the Master Plan and Conditional Use Permit as amended and conditioned herein satisfy Section 10-4 of the Zoning Ordinance, the Town's General Plan as well as with other applicable regulations. Section 2. Approval. The rezoning to RPD2, the Master Plan and Conditional Use Permit are approved, subject to the following conditions and requirements: 1. The Master Plan is approved for a maximum of 35 parcels, including a 7-plus acre parcel governed by Conditional Use Permit and 34 residential lots. It is the intent of the Town to rezone the property to RPD-2 only to accommodate the development that is eventually approved pursuant to this Master Plan. In the event this Master Plan expires, or the property is not developed pursuant to this Master Plan, the Town shall undertake proceedings to rezone the subject real property in such a fashion as to return it to appropriate lesser density compatible with surrounding development and open space. 2. The applicant shall submit with the Precise Development Plan a detailed geotechnical report which establishes the specific criteria and standards for the development of each of the homesites. The report shall comment specifically on the grading concept and shall consider potential off-site hazards and the relationship to each building site. The report shall comment specifically on the proposed locations of roadway and bridges as they relate to potentially hazardous conditions possibly due to unstable soils, both onsite and offsite. The report shall also specifically evaluate the hazard posed by the collapsed railroad tunnel and recommend methods to mitigate hazards to development on affected lots. If, in the opinion of the Town Council, information contained in the geotechnical report indicates that grading necessary for development of certain lots could cause a significant adverse environmental impact, changes in lot and street design, including a reduction in the number of lots may be required as a means of mitigating such impacts. 3. Upon submittal of the Precise Plan the Town shall contract, at the applicant's expense, with a recognized acoustical consultant to determine whether the development as proposed will result in significant adverse noise impact. If the Town finds that adverse impacts are created, modification to the project design, including a reduction in the number of lots, may be required as a means of mitigating such impacts. 4. The Precise Plan submitted shall contain the following additions and modifications to the Master Plan: a. Maximum protection shall be provided to the existing eucalyptus grove and to adjacent homesites through provision of an adequate setback between proposed building envelopes and the grove. b. In designing the placement of building envelopes, consideration shall be given to the steepness of the slopes existing on the property. -2- c. Consideration shall be given to the height, mass, profile and spatial separation of all dwelling units and building envelopes in order to attain harmonious and compatible appearance with dwellings both within and outside the project. If implementation of the above additions and modifications do not adequately mitigate the adverse impacts created by the development, then modification to the project design, including a reduction in the number of lots, may be required as a means of mitigating such impacts. 5. The Precise Plan submitted shall contain the following additions and modifications to the Master Plan: a. The sight distance on Via Los Altos at Blackfield Dr. shall be improved by methods including removal or cutting back of existing shrub vegetation southwest of the intersection to the standards and satisfaction of the Town Engineer and Superintendent of Public Works. Design of the Via Los Altos/Blackfield Drive intersection shall be accomplished by the applicant in accordance with Town Engineer requirements. b. All roadway intersections into and within the project site shall be designed to the standards and satisfaction of the Town Engineer and Superintendent of Public Works in the Precise Plan to avoid left-turn short cutting. Roadways may be required to be realigned horizontally and vertically and raised medians or other devices installed to channel traffic into proper turn locations and improve safety in accordance with requirements of the Town Engineer. c. The project roadway intersection with Via Los Altos shall be designed to meet safety criteria and also to mitigate the impact from headlights on neighboring residences. If implementation of the above additions and modifications do not adequately mitigate the adverse impacts created by the development, then modification to the project design, including a reduction in the number of lots, may be required as a means of mitigating such impacts. 6. A landscape plan shall be prepared and submitted with the Precise Plan application. The landscape plan shall provide for: a. Extensive screening along the eastern edge of the uplands portion of the site in order to screen future development from the existing homes in the Tiburon Hills neighborhood. b. Screen planting around the synagogue parking lot to screen the parking lot from the surrounding neighborhood. c. Specific landscaping to provide visual separation and buffers between proposed lots. d. Landscaping at the entrance on Via Los Altos to shield existing residences from headlights. e. Identification and preservation of other existing desirable tree species, such as oak, bay and willow. -3- The landscape plan shall specify native species which are minimally disruptive to existing vegetation and shall be installed as soon as possible following Precise Plan approval so that maximum maturity can be attained prior to residential construction. 7. The Precise Plan shall precisely show the extent of trimming or removal of any eucalyptus trees for each lot proposed adjacent to or partially within the eucalyptus grove. The eucalyptus grove is to be maintained through the provision of dedicated open space easements on each lot affected. Prior to Precise Plan approval, the grove shall be inspected by a qualified tree specialist and individual trees which pose a hazard or are intrusive shall be identified for pruning, topping, and/or removal consistent with the objective of preserving the grove. Applicant shall submit appropriate documents for review and approval by the Town to prevent cutting or removal of trees within the eucalyptus grove without Town approval. 8. CC & R's shall be submitted with the Precise Plan for review and approval by the Town Attorney and shall include provisions for maintenance of common open space areas including the eucalyptus grove and limitations and construction activities. 9. The Precise Plan and Tentative Map shall show all pedestrian trails to be constructed and improved by the developer within easements proposed for dedication. 10. Applicant shall submit an erosion control plan to the Town Engineer for review and approval prior to issuance of a grading permit. The plan shall include adequate measures to control erosion and drainage during construction so as to prevent any damage to public or private property as a result of the project. Applicant shall post a bond in an amount specified by the Town Engineer in a manner acceptable to the Town Attorney to guarantee the installation and maintenance of the erosion control plan. 11. A winterization plan approved by the Town Engineer shall be implemented and no site improvement activity shall occur before May 1st or after October 1st of any year unless the Town Engineer certifies in writing the the winterization measures are complete and adequate to handle the requested site development activity. 12. All utilities shall be placed underground. 13. Dust shall be controlled during construction by watering the area frequently. A temporary layer of gravel shall be placed on all unpaved construction roads to the satisfaction of the Superintendent of Public Works. 14. Affected residential streets shall be mechanically or manually swept of dirt at the discretion of the Superintendent of Public Works during construction. 15. Construction activities shall be limited to the hours between 8:00 a.m. and 5:00 p.m. weekdays only provided, however, that limited exceptions may occur with the prior approval of the Town Manager. 16. Applicant shall post a refundable deposit in an amount to be determined by the Town Engineer and in a form satisfactory to the Town Attorney to ensure that damage to Town roadways used for access by construction vehicles and as a result of the project construction is corrected in a manner satisfactory to the Town Engineer. -4- 17. Construction machinery shall be equipped with the latest noise-muffling devices and shall be kept in good mechanical repair in order to reduce noise levels. 18. The Precise Plan and Tentative Map shall include: A. A plan to elminate undesirable plant species as identified in the project EIR B. Measures to prevent access by unauthorized vehicles onto open space areas on the site and the Ring Mountain open space 19. All water and fire protection requirements of the Alto Richardson Bay Fire Protection District and the Marin Municipal Water District shall be adhered to. 20. Applicant shall make the appropriate per unit contribution to the Tiburon Boulevard Traffic Improvement Fund. 21. Applicant shall contribute an amount to be specified by the Town at the time of Precise Plan approval towards the cost of a study of traffic problems on Tiburon Boulevard between and including the intersection of Cecilia Way and U.S. 101. Applicant shall also be required to post, prior to recordation of the Final Map, financial security, in an amount and for a term determined by the Town Engineer and in a form acceptable to the Town Attorney, subject to approval by the Town Council, at the time of Precise Plan, to fund traffic mitigation solutions recommended by that Study. The applicant's share of the cost of any traffic improvement, recommended as a traffic mitigation solution by the Study and accepted by the Town Council, will be set by formula established by the Town Engineer and approved by the Town Council; however, in order to timely mitigate the traffic impacts of the project, applicant may be required to initially advance to the Town more than its formula-based share of the cost of improvements, subject to reimbursement according to a methodology to be established by the Town at the Precise Plan. In the event applicant is unable or unwilling to adequately mitigate the adverse traffic impacts created by the development, then modification to the project design, including a reduction in the number of lots, may be required as a means to mitigating such an impact. 22. Off-site drainage problems will be further examined and resolved prior to Precise Plan approval in accordance with recommendations contained in the Town Engineer's letter of 3/18/85. 23. A detailed plan for improving drainage in the eucalyptus grove ravine shall be submitted with the Precise Plan. The plan shall preserve the natural condition of the area to the maximum extent possible. 24. Use and operation of the synagogue (Congregation Kol Shofar) and private day school (Children's Circle Center) on the 7- acre parcel shall be in accordance with the letter from Stan Dick to the Planning Commission dated 5/20/85 and the application narrative by Taldan Investment dated 8/15/84. The use permit shall be subject to review on an annual basis to insure that conditions of approval are being met. Any administrative cost associated with such review shall be borne by the applicant. A parking plan including landscaping shall be submitted at the time of the Precise Plan stage. -5- The facilities shall be inspected by the Tiburon Building Inspector within thirty (30) days of the effective date of the conditional use permit. Any requirement of the Inspector to comply with applicable codes and ordinances shall be met within reasonable time limits established by the Inspector. 25. The applicant shall submit with the Precise Plan a proposal for meeting below-market-rate housing requirements of the General Plan through the provision of dwelling units or payment of in-lieu fees. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 2, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Smith Bergmann NOES: COUNCILMEMBERS: Coxhead ABSENT: COUNCILMEMBERS: None ~~ VALERIE W. BERGMANN, YOR Town of Tiburon ATTEST: R. L. KLEINERT, TOWN MANAGER/CLERK Date drafted: Date revised: Date revised: Date revised: 08/06/85 09/19/85 09/24/85 10/02/85 -6- ORDINANCE NO. 305 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A MASTER PLAN AND PRECISE PLAN FOR A RESTAURANT AND EXPANDED SEATING AT 5 MAIN STREET. The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. Findings. A. Edward G. Zelinsky, owner of Main Street Properties, has submitted an application for a Master and Precise Plan for a restaurant named Guaymas, and to remodel and expand seating therefor at the structure located at 5 Main Street in the Town of Tiburon. B. The Town Council of the Town of Tiburon (Council) has considered the application and has found that the use could be in conformance with the general intent of the Downtown plan and the General Plan of the Town of Tiburon, provided certain conditions and modifications are applied to the use. C. The Council has made affirmative findings consistent with the standards required in Section 10-10 of the Tiburon Zon- ing Ordinance, dealing with the PD (planned Development) Dis- trict. D. The Council has found this use to be categorically ex- empt from the California Environmental Quality Act per Section 15101, Class la, Existing Facilities. E. In connection with his application, Zelinsky has offered to dedicate to the Town of Tiburon an area consisting of One Hundred Seventy-five feet (175') of land beginning at the south- east corner of Mar West and Tiburon Boulevard as shown on Exhibit "A" attached hereto, upon the following terms and conditions: 1. The land will be used only for civic purposes. 2. The land will not be sold. 3. The area will be named the Fred and Juanita Zelinsky Park. F. The Town of Tiburon desires to accept said offer of dedication, and in consideration therefor, the Council has agreed to approve an increase in den.sity for the Zelinsky Master Plan and to provide for and accept certain temporary parking measures in connection with the application for approval of the Master and precise Plans for Guaymas Restaurant. Section 2. Approval The Town Council of the Town of Tiburon does hereby approve a Master and precise Plan for a restaurant at 5 Main Street sub- ject to the following conditions: 1. The seating shall be limited to no more than 224 seats enclosed within the building and 188 outside seats, as generally shown on the application plot plan by RNA, Inc., dated May 31, 1985. 2. Applicant shall comply with all requirements of the County Health Department and any other agency that regulates food or alcoholic beverage establishments. 3. Any music or entertainment provided shall not be audible beyond the area under control of the owner or lessee. -1- 4. All doors shall be kept closed at all times except in cases of emergencies, to permit deliveries, or for normal ingress and egress by patrons. 5. No alcoholic beverages served on the premises shall be carried outside the building. 6. The building shall be inspected for conformance to the Uniform Building Code and general soundness. Any deficiencies noted shall be corrected in conjunction with the building permit required for the remodeling of the structure. All requirements of the Uniform Building Code and of the Building Official, including adequate ventilation, shall be satisfied prior to the commencement of the use of the area. 7. The use shall be subject to a review by the Town as directed by the Town Council to determine if the conditions of approval have been met. In the event it is determined the condi- tions of approval are not being met, the Council may direct reconsideration of the Master and Precise Plan and attach addi- tional conditions, or the Master and Precise Plans may be revoked. 8. The applicant shall comply with all conditions of the Tiburon Fire Department. 9. Applicant shall secure all necessary approvals from B.C.D.C prior to occupancy of the outdoor seating for the res- taurant. 10. Applicant shall provide 32 additional parking spaces for use by the expanded restaurant. Applicant shall provide said additional spaces in the temporary parking lot located at the corner of Mar West and Tiburon Boulevard until said lot ceases to be used for parking, at which time applicant shall provide the required 32 parking spaces in permauent parking locations in the Town to be determined by the Council after public hearing. While using the temporary lot at Mar West and Tiburon Boulevard, appli- cant shall move some of its tenants who presently park at the Beach Road and Main Street Lots to the Mar West Lot to make available more downtown parking. 11. This Master Plan and Precise plan can be modified by application for a use permit under section 21 of the Town Zoning Ordinance, provided, however, that the matter will be heard by the Planning Commission with final action by the Town Council. Section 3. Acceptance of Offer of Dedication. The Town Council of the Town of Tiburon hereby accepts the offer of Edward G. Zelinsky to dedicate to the Town One Hundred Seventy-five feet (175') of land at the southeast corner of Mar West and Tiburon Boulevard as shown on Exhibit "A" attached here- to on the following terms and conditions: A. The land will be used only for civic purposes. B. The land will not be sold. C. The area will be named the Fred and Juanita zelinsky Park. The applicant shall cause to be recorded a Deed of said land to the Town in a form to be approved by the Town Attorney. In consideration of applicant's offer of dedication and in connection with the providing of parking required by approval of applicant's Master Plan, the Town shall set a public hearing to establish the number of parking spaces to be allocated to appli- cant's property shown on Exhibit "A" hereto, and to review cer- tain other matters including other possible parking lots, -2- consideration of a change in location of the present Fire Station and a change in use of the present Fire Station property. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage and before the expiration of fifteen (15) days after its passage, the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on september 4, 1985, by the following vote: AYES: COUNCILMEMBERS: SPRATLING, WILSON, COXHEAD, SMITH, BERGMANN NOES: COUNCILMEMBERS: None. ABSTENTIONS: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. ~~ Town of Tiburon Date Drafted: Date Revised: Date Revised: Date Revised: 8/2/85 8/15/85 8/30/85 9/4/85 -3- ORDINANCE NO. 304 N.S. AN ORDINANCE OF THE TOw~ COUNCIL OF THE TOw~ OF TIBURON APPROVING AN ~iliND~iliNT TO THE MASTER AND PRECISE PLANS FOR THE SUBDIVISION LOCATED AT 4885 PARADISE DRIVE WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town Council (Council) has received ana considered the proposed amendments to the Master and Precise plan submitted by Paul Kahn to modify ana expand the existing building envelope for lot i3 as shown on the Tentative Map dated "received June 19, 1985" and the Planning Commission recommendation for approval. B. The Council has found the use is in conformance with the intent of the General Plan of the Town of Tiburon. C. The Council has made affirmative findings consistent with the standards required in Section 10-4 of the Tiburon Zoning Ordinance dealing with the RPD-l Residential Planned development and Open Space District. NOW, THEREFORE, be it ordained that the Town Council approves the Master and Precise Plan modification subject to the following conditions: 1. All previous conditions of the Master Plan adoptea October 18, 1978 and the Precise Plan adopted in August of 1979 be complied with. 2. The applicant provide evidence of the geologic stability of the proposed building envelope for lot i3 to the satisfaction of the Town Engineer and Building Official prior to issuance of a building permit for lot i3. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 7, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxheaci, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILlVili~iBERS: None ~BE~ Town of Tiburon ATTESfftl~ R. L. KLEINERT, TOWN MANAGER/CLERK Date drafted: 7/12/85 ORDINANCE NO. ...l..Q.L. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING AN AMEDNMENT TO THE CONTRACT BETWEEN THE TOWN COUNCIL OF THE TOWN OF TIBURON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM The Town Council of the Town of Tiburon does ordain as follows: Section I. That an amendment to the contract between the Town Council of the Town of Tiburon and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said Amendment being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the Town Council is hereby authorized, empowered, and directed to execute said Amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 14 days from the passage thereof shall be published at least once in The ARK, a newspaper of general circulation, published and circulated in the Town of Tiburon and thenceforth and thereafter the same shall be in full force and effect. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 5, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Coxhead, Smith, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wilson ~'.~ Town of Tiburon Drafted: 4/24/85 ORDINANCE NO. 302 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTION 23-2 OF THE TIBURON TOWN CODE BY ADDING SECTION 23-2 (17) THERETO REGULATING STOPPING OF COMMERCIAL DELIVERY VEHICLES ON MAIN STREET Section 1. Findings. The Town Council of the Town of Tiburon does hereby find and determine that: (a) Traffic congestion on Main Street has become a threat to the health, safety and general welfare of pedestrians and motorists in the Town; (b) Much of this threat is caused by stopped commercial vehicles halting traffic and obstructing visibility on Main Street; and (c) Much of said congestion can be relieved by control- ling the activities of commercial delivery vehicles on Main Street. Section 2. Section 23-2 of the Tiburon Town Code is hereby amended by adding Section 23-2 (17) thereto, as follows: "Section 12.8 is added to read as follows: 12.8 No Stopping on Main Street During Certain Hours. Notwithstanding any other provision of this Ordinance, on Sundays and state holidays, and between 11:30 a.m. and 3:00 p.m. on Monday through Saturday, no person shall at any time stop, park, or leave standing any commercial vehicle, whether attended or unattended, on Main street, including any yellow loading zone, for the purpose of loading or unloading freight or making deliveries of any kind." Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days after the date of pas- sage, and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members of the Town Council voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Coun- cil of the Town of Tiburon on May 15, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, wilson, Smith, Bergmann NOES: COUNCILMEMBERS: Coxhead ABSENT: COUNCILMEMBERS: None ~ Mayor, Town ~ ATT?iJ~ R. L. Kleinert, Town Manager/Clerk -1- ORDINANCE NO. 301 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING TITLE II, CHAPTER 4, OF THE TIBURON MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAXES. BE IT ORDAINED by the Town Council of the Town of Tiburon, as follows: SECTION 1. AMENDMENTS. (a) Section 4-7(a) of Chapter 4 of Title II of the Tiburon Municipal Code is hereby amended to read as follows: Section 4-7(a). Due Dates. Unless otherwise specifically provided, the following due dates shall be applicable to this chapter: ( 1) All annual 1 i cense taxes measured by gross rece ipts or by flat fee shall be due and payable, in advance, on July 1 of each year, and shall be considered delinquent if not paid by August 1 of each year, unless otherwise provided in paragraph (2) of this subsection. (2) In the case of a first annual license, the license tax may be prorated at the rate of one-twelfth of the tax for each month, or fraction thereof, remaining in the calendar year in which application for such license is made. (3) All daily, flat rate license taxes shall be due and payable each day, twenty-four hours in advance. ( 4) Notw i ths tand i ng any other all annual license taxes imposed Chapter which are due and payable prorated for the period from July 31, 1985, and only such prorated payable on July 1, 1985. provision of this Chapter, by the provisions of this on July 1, 1985, shall be 1, 1985, through December amount shall be due and (5) Notwithstanding any other provision of this Chapter, all license taxes and fees specified herein for Retail Grocery Store businesses, as defined herein, shall be deemed effective as of January 1, 1985. The Town Clerk shall, on or before , adjust accordingly the amount of any license taxes or fees paid or payable by any such business on July 1, 1984, for the period January 1, 1985, through June 30, 1985, and shall refund amounts overpaid, if any, by such business for the fiscal year 1984-1985. (b) Section 4-11 of Chapter 4 of Title II of the Tiburon Municipal Code is hereby amended to read as follows: Section nesses; 4-11. Licenses required for certain fees for special license permits. busi- ( a) Applicability. Any person, managing, conducting or carrying on in the town any business, trade, or calling or occupation or rendering any of the services specifically set forth in this section, shall pay the 1 i cense fee set oppos i te the name of such bus i ness, trade, calling or occupation, in accordance with the schedule set forth in this section, which fees are intended to be and shall be collected for the purpose of raising revenue for the Town. (b) Scheduled business. BUILDING CONTRACTORS Value of Project $ 0 - $ 5,000 5,001 - 25,000 25,001 - and over DELIVERY BUSINESSES Annual Fee $15.00 25.00 .0012 of Project Value Capacity of Vehicle (See Sec 4-15) Not exceeding 112 ton, per vehicle Over 112 ton, to 1 ton, per vehicle Over 1 ton to 1~12 tons, per vehicle Over 1~12 tons to 2 tons, per vehicle Over 2 tons to 3 tons, per vehicle Over 3 tons, per vehicle Annual Rate $ 22.50 37.00 50.00 100.00 150.00 200.00 LIVING ACCOMMODATIONS Apartments, rooming houses 'Bed n Breakfast' operations COIN-OPERATED AMUSEMENT DEVICES Machines on premises of another business licensed pursuant to this Article ("associated business") Business limited ex- clusively to renting, leasing, or operating coin-operated amusement devices. OTHER LICENSES Carnivals/Fairs & Circuses COMMERCIAL FILMING OF ANY TYPE Persons Employed at Location 1 to 3 4 to 6 7 to 9 10 and over $20.00 per rental unit $50.00 per year $84 per machine per annum. The gross re- ceipts from any such machine shall be exclu- ded from the gross re- ceipts of an associated business for purposes of calculating the gross receipts tax, if any, payable by said business. A tax on gross receipts according to the schedule in Section 4-12 of this Article. $400/1st day and $300/each additional day. Rate Per Day $ 150.00 300.00 600.00 1,000.00 -2- RETAIL GROCERY STORES Annual Fee Includes all businesses which primarily retail groceries, meat, and/or produce. .0008 of gross receipts (c) Section 4-12 of Chapter 4 of Title II of the Tiburon Municipal Code is hereby amended to read as follows: Sect ion 4-12. Tax Based on Gross Rece ipts. Every person who engages in business of any kind, and is not otherwise specifically taxed or licensed under the provisions of this chapter, and has a regularly established or fixed place of business in the Town, shall pay a license tax on gross receipts, in accordance with the following schedule: ANNUAL BUSINESS LICENSE TAX SCHEDULE GENERAL BUSINESSES GROSS RECEIPTS RANGE ALL BUSINESSES NOT SPECIFICALLY LISTED ELSEWHERE ON THIS SCHEDULE $ 0 - $ 5,000 5,001 - 25,000 25,001 - and over $15.00 25.00 .0012 of Gross Receipts (d) The provisions of this SECTION 1 shall become operative on July 1, 1985. SECTION 2. AMENDMENTS. (a) Section 4-6(b) of Chapter 4 of Title II of the Tiburon Municipal Code is hereby amended to read as follows: Section 4-6(b). Licenses based on gross receipts. Every person engaged in business of any kind whatsoever or furnishing any service in the Town not otherwise specifically taxed or licensed by other provisions of this chapter, and having a regularly established or fixed place of business in the Town, shall between January 1 and March 1 of each year file with the Town Clerk a statement showing, with deductions as permitted in th i s chapter, the gross sales of such bus i nesses during the calendar year immediately preceding the date on which said statement is filed. If the business is owned, conducted or carried on by a firm or co- partnership, such statement shall be signed and filed by one of the members or partners. If the business is owned, conducted or carried on by a corporation, such statement shall be signed and filed by its president, vice-president, secretary, assistant secretary, treasurer, ass istant-treasurer, chief accounting officer or managing agent. The Town Clerk, or any deputy town clerk, may, in all cases, examine the books and accounts of any person required to file such statement, for the purpose of verifying the same or for the purpose of determining the amount of gross receipts of such person. All statements filed pursuant to the provisions of this section shall be conf idential and shall not be subject to public inspection. It shall be the duty of the Town Clerk to so preserve and keep such statements that the contents thereof may -3- not become known, except to the person charged by law with the administration of this chapter and except when it is necessary to divulge such information for the purpose of enforcing the provisions of this chapter. Any person who wilfully files a false statement of gross receipts shall be guilty of a violation of this Code. In the case of businesses rendering services, the gross revenue from services rendered shall be cons idered equ i valent of gross sales. In the case of businesses making sale and rendering services, the gross revenue from both sales and services shall be considered the equivalent of gross sales. Thereupon the Town Clerk shall issue and del i ver to such person a business license as provided elsewhere in this chapter and collect fees for one year commencing on such date above mentioned. If at the time of filing application for a business license, the applicant is unable to produce records of the amount of the sales and services for the business for which appl ication is made for the calendar year immediately preceding the date of such application, such person shall pay a business license tax of one hundred dollars ($100), or the amount set forth in the schedule of Sec. 4-12, based on applicant's signed statement of anticipated gross receipts, whichever is greater. (b) Section 4-7(a) of Chapter 4 of Title II of the Tiburon Municipal Code is hereby amended to read as follows: Sect ion 4-7 (a) . Due Dates. Unless otherwise specifically provided, the following due dates shall be applicable to this chapter: (1) All annual license taxes measured by gross receipts or by flat fee shall be due and payable, in advance, on January 1 of each year, and shall be considered delinquent if not paid by March 1 of each year, unless otherwise provided in paragraph (2) of this subsection. (2) In the case of a first annual license, the license tax may be prorated at the rate of one-twelfth of the tax for each month, or fraction thereof, remaining in the calendar year in which application for such license is made. (3) All daily, flat rate license taxes shall be due and payable each day, twenty-four hours in advance. (c) The provisions of this SECTION 2 shall become operative on January 1, 1986. SECTION 3. REVISION OF FEES. The license tax fees provided in this Ordinance may, from time to time, be revised by resolution of the Town Council. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of -4- fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on May 15, 1985, by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Smith and Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~E~ AT~~ ROBERT L. KLEINERT, -own c:erk -5- ORDINANCE NO. ~ AN ORDINANCE OF THE TOWN OF TIBURON LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 1985-86 CO~1UNITY FACILITIES DISTRICT NO. 1985-1 The Town Council of the Town of Tiburon ordains: I. Pursuant to Government Code Sections 53328 and 53340, a special tax is hereby levied on the property within Community Facilities District No. 1985-l described below (parcel descriptions are from the recorded condominium map for Point Tiburon) for the 1985-86 tax year as follows: a. Residential units 1, 2, 5, 8-12 inclusive, IS, 18, 21, 24-26 inclusive, and 35-l55 inclusive: the Slim of $3,417.00 each; b. Building 13: the sum of $73,218.00; and c. Building 14: the sum of $47,785.00. 2. The appropriate Town officers are directed to provide all necessary information to the Marin County Tax Collector in order to effect the proper billing and collection of the within special tax in the 1985-86 tax year. 3. If for any cause any portion of this ordinance be found to be invalid, or if the special tax be found inapplicable to any particular parcel, by a Court of competent jurisdiction, the balance of this ordinance, and the application of the special tax to the remaining parcels, shall not be affected. 4. This ordinance shall take effect and be in force thirty (30) days after its date of passage; and before the expiration of fifteen (IS) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Ti 011ron. * * r.A :..-:;{~~ T~ Ii '~LD at a r~gular meeting of the Town ." "; Li:,t;:-'Jn on May 1, 1985, by the following Council of t., vote: AYES: COUNCILMEMBERS: Wilson, Coxhead, Smith# Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILME~mERS: Spr~ling ( \)~t~? (_ :/ _ 1, () (C:: C- 'c. - i.; 7 -'\_,<_ J VALERIE W. BERGI-1ANR, MAYOR;j Town of Tiburon ATT~~ R. L. KLEINERT, TOWN 1-1ANAGER/CLERK Drafted: 4/17/85 ORDINANCE N). 299 AN ORDINANCE OF THE 'lO~ a:>UNCIL OF THE 'lOW OF TIBUIDN APProVING '!HE CDLIEERG lvW)'lER PIAN WHEREAS, the Planning Carmission of the Tavn of Tiburon does resolve as follows: SECl'ION 1. - Findinqs A. A Master Plan has been submitted by William Goldberg for developtlent of an 8-lot subdivision on 5.63 acres of land on Gilmartin Drive at Stony Hill Road. B. The Master Plan appliction is described as follows: 1. Map entitled Master Plan Vista Belvedere Subdivision (3 sheets) by Rhodes and Gardner Inc. dated 1/30/85. 2. Narrative dated 11/30/85. 3. Environmental checklist revised 2/19/85. c. Based on the environmental checklist, a Negative Declaration of environmental i.nq;>a.ct has been prepared and approved by the Planning Ccmnission and Tavn Council pursuant to the California Environmental Quality Act. D. The Planning Carmission and Tavn Council have held duly ooticed public hearings on this application and the Planning Carmission has conducted a field trip to view the site. Section 2. Approval. The Master Plan application, as described above, is approved subject to the conditions and requirements set forth herein: 1. A Precise Plan shall be submitted in accordance with all applicable provisions of the Zoning Ordinance. 2. The application shall canply with all applicable provisions of the Subdivision Ordinance. 3. The Master Plan is approved providing for a range of 7 to 8 lots, the precise number of lots to be decided upon review of additional information submitted with the Precise Plan application. 4. The applicant shall CCI'lply with conditions set forth in the Tavn Engineer's report dated 1/14/85. 5. The applicant shall canply with conditions set forth in the Fire Marshall's report dated 1/10/85. 6. All utilities shall be installed underground and service shall be guaranteed by the supplier prior to recording the final map. 7. The applicant shall canply with all requirements of the Richardson Bay Sanitary Distr ict including those stated in the 1/ll/85 letter fram Nute Engineering. 8. The applicant shall canply with requirements of the Tiburon Boulevard Traffic ln1?rovement fund. 9. As part of the Precise Plan, the applicant shall sul::::mit a proposal for the maintenance, protection and renoval (if necessary) of sane pine trees on lot *1. The proposal shall include a method to protect trees not renoved at this time fran future renoval, appropriate IwindCMing" and trinming, a minimum height above ground that would be maintained, as well as a maximum height that VtUUld oot be exceeded so that both the privacy of adjacent properties and views of future property owners will be protected. The Precise Plan should identify, by map, the trees to be trinmed or rem:>ved, as well as wording that could be incorporated into deed restrictions to ensure maintenance and protection of the trees in the future. 10. Gilmartin Drive shall be offered for dedication to the Town in conjunction with filing of the Precise Plan and Tentative Map. ll. No building permit shall be issued for residential construc- tion until site plan and archi tectur al approval has been secured in accordance with zoning ordinance requirements. 12. The Precise Plan shall shCM an appropriate trail easement in the vicinity of lots 6, 7 & 8 that provides a connection from Stony Hill Road to the TCMIl Open Space on Del Madera project. The Open Space easement will be offered for dedication and the Planning Carmission and Town Council mayor may not elect to accept such offer of dedication. Section 3. Separability If any action, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of canpetent jurisdiction, such decision shall oot affect the validity of the remaining portions of the Ordinance. The TcMn Council of the TCMIl of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or m:>re other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (IS) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Tam of Tiburon. PASSED AND AIX>PTED at a regular meeting of the Tam Council of the Tam of Tiburon held on April 3, 1985 by the follCMing vote: AYES : <DUNCILMEMBERS: Spratling, Smith, Coxhead, Bergmann IDES : mUNCILMEMBERS: None ABSENI' : <DUNCILMEMBERS: Wilson ~~~ VALERIE W. BERGvIANN, MAlQt( TCMIl of Tiburon Date Drafted: April 17, 1985 ORDINANCE NO. ~ N. S . AN ORDINANCE OF THE TIBURON TOWN COUNCIL APPROVING THE MASTER PLAN AMENDMENT FOR 16 MAIN STREET WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section l. Findings. A. A Master Plan has been submitted by Sam Davis on behalf of the owner, Romana Dela Santina, to establish an outdoor eating area at the rear of Tiburon Bar and Grill Restaurant at 16 Main Street. B. The Master Plan is described as follows: 1. Plans identified as "Site and Floor Plans", page 1, and "Elevations" page 2, by Joseph Jaeger, undated. C. The Planning Commission (Commission) and Town Council (Council) have held public hearings on the application. D. The Commission and Council have made the findings required by law and section 10-10 of the Tiburon Zoning Ordinance. E. The Commission and Council have found that the use is in conformance with the general intent of the Downtown Plan and with the General Plan of the Town of Tiburon, although non- conforming in certain regards, particularly provision of offstreet parking. F. The Commission and Council believe that an exception to the parking requirements is warranted because the increased parking demand will be insignifcant and furthermore will be mitigated, in part, through the use of non-vehicular modes of transportation. G. The Commission and Council believe the use will not be detrimental but, in fact, will enhance the downtown area. Section 2. Approval. The Master plan described above is approved, subject to the conditions set forth herein: I. The trash area shall be screened with a 6 foot high wall or totally enclosed, whichever meets or exceeds the standards of the County Health Department. The plans shall be submitted for staff approval in consultation with the Health Department. 2. The fence parallel to Juanita Lane shall be reduced to 4 feet in height with the remainder of the fence kept at a height of 6 feet. 3. Landscaping shall be installed as shown with a complete irrigation system. 4. The paved frontage along Juanita shall be done in brick consistent with the material and pattern used on Tiburon Boulevard. 5. Any plans for outdoor lighting shall be reviewed and approved by staff prior to implementation. 6. A plan shall be prepared for review and approval by staff for bicycle parking adjacent to the outdoor eating area. 7. There shall be no amplified music or ~~ve entertainment permitted on the premises indoor or outdoors. Any entertainment shall not be audible beyond the premises. 8. The use shall be subject to review by the Town as directed by Town Council to determine compliance with conditions of approval. Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (IS) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on January 7, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILME~illERS: Smith ~b/~~~~ Town of Tiburon R. L. EIN RT, TOWN MANAGER/CLERK Date drafted: October 31, 1984 ORDINANCE NO. ~ N. S . AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PERINI MASTER PLAN BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section I. Findinqs A. Perini Land and Development Company as developer has submitted a Master Plan application to subdivide 51.9 acres between Reed Ranch Road and Trestle Glen Boulevard and create 37 residential lots. B. The application for Master Plan consists of the following: 1. Maps prepared by Backen, Arrigoni and Ross, Inc., consisting of constraints map, slope map, illustrative plan and landscaping plan all dated 15 October 1984. Revised plan dated December 13, 1984 showing reconfiguration of parcels off Reed Ranch Road. Mylar overlay dated November 11, 1984 showing 17 parcels off Trestle Glen Blvd. 2. Three photomontages representing views from Trestle Glen Boulevard, Reed Ranch Road and the Belveron subdivision. 3. Text of Master Plan consisting of 18 pages, dated September 27, 1983. 4. Soils Report by Harding, Miller, Lawson & Associates dated September 20, 1968. 5. Letter to Town of Tiburon dated November 30, 1984, from Martha McCart proposing low/moderate income housing paymen t. C. An Environmental Impact Report for this project was prepared by Environmental Collaborative and certified by the Planning Commission and the Town Council. D. The Planning Commission and Town Council have held duly noticed public hearings on the application and have held field trips to view the site. E. The Town Council has considered the Environmental Impact Report and the recommendation of the Planning Commission. The Town Council has reviewed the Environmental Impact Report prepared for the project which identifies certain significant environmental effects which cannot be avoided if the proposal is implemented, but notes that it is possible to substantially reduce and possibly eliminate some of the environmental effects if mitigations are incorporated into the proposed project. In order to mitigate the adverse environmental impacts the Town Council finds that the Master Plan submitted be modified and conditioned as provided in the approval section of this Ordinance. Section 2. Approval Master Plan application described above is approved subject to the conditions and requirements set forth herein: 1. A total maximum of 27 to 32 residential parcels shall be created in the project, allocated as follows: I a. A maximum of 5 to 6 residential parcels served by driveways off-Reed-Ranch Road; b. A maximum of 2 to 2 residential parcels served by the access road off of Reed Ranch Road; and with an open corridor in the general area of Lots 3 through 5 as shown on the 1"=40' plan entitled "Re-Lotting Plan" dated December 13, 1984. c. A maximum of 17 to 19 residential parcels served by the access off of'rrestle Glen Boulevard. The exact number of residential parcels shall be established at the approval of the Precise Plan. In order to secure approval of a parcel or parcels above the minimum in any of the ranges set forth above, applicant shall have an affirmative obligation to demonstrate that such additional parcel or parcels do not cause significant additional adverse impacts. 2. A Precise Plan and Tentative Map shall be submitted which shall show screen planting and landscaping for the project, and shall shall include the precise configuration of and a three-dimensional building envelope for the residential parcels to be created, subject to the following limitations: A. The maximum elevation for the top of building envelopes as shown on the illustrative and Preliminary Plan shall be the 175-foot elevation, with the exception of the three Lots numbered 32, 33 and 34 on mylar exhibit dated November 30, 1984, anyone of which may have building envelopes exceeding the 175-foot elevation upon a showing by the applicants that the increased elevation does not cause significant additional adverse impacts; and B. All the building envelopes shall be designed to accommodate a horizontal rather than vertical design with constructiion limited to a maximum of two stories or 24 feet in height. The precise maximum elevations and heights of buildings shall be determined after the public hearings and on-site inspections relating to the Precise Plan application and may be reduced below the respective 175-foot and 24-foot maximums. 3. The Precise Plan and Tentative Map shall show all pedestrian trails to be constructed or improved by the developer within the property and the connections of those trails to adjacent open space, park areas and residential areas. 4. As a part of the Precise Development Plan and Tentative Map, the applicant shall submit a detailed geotechnical report from a licensed soils engineer with geotechnical expertise that comments specifically on the development plan and grading concept and the report shall be approved by the Town Engineer. 5. The applicant in conjunction with the licensed soils engineer with geotechnical expertise shall establish specific criteria and standards for construction on each lot in the subdivision and the criteria and standards shall be approved by the Town Engineer. 6. The grading and drainage plans shall be reviewed and approved by the Town Engineer. 7. Runoff from all graded and developed areas shall be intercepted by a conduit, conveyed to adequate drainage facilities and discharged in a non-erosive manner, all to be approved by the Town Engineer. 2 8. The EIR notes the existing drainage problems in the Belveron watershed and the necessity to correct the Belveron drainage facilities prior to construction activities on the site. The applicant shall correct the drainage facilities adversely impacted by the project, either by (1) construction of necessary improvements to said facilities or (2) by contribution of the cost of mecessaru improvements or; (3) by a combination of (1) and (2). At the time of the Precise Plan/Tentative Map hearing a formula shall be determined for the reimbursement of construction performed or costs paid by the applicant which are in excess of the applicants proportionate share. In any event, no construction that adversely affects the Belveron drainage facilities shall take place until the Town Engineer has certified in writing that drainage improvements adequate to correct existing or anticipated drainage problems either (I) are completed or 2) are guaranteed and will be constructed prior to the commencement of increased runoff as a result of the project. 9. The development of the Master Plan conists of two major development areas, the westerly area which takes access from Reed Ranch Road, and the easterly area which takes access from Trestle Glen. The applicant requests, and the Town agrees, that the Precise Plan and Tentative Map be considered on a phased basis. The applicant and the Town hereby agree that the Town will exert its best efforts to consider and act upon such phases of the Precise Plan and Tentative Map within a period of 90 days following Town acknowledgement in writing that the submittal by the applicant is a complete Precise Plan and Tentative Map application. The applicant will exert its best efforts to submit the first phase of this application within 45 days of approval of the Master Plan, and to submit the subsequent phase at the time of approval of the first phase. The applicant has requested and the Town has agreed that the Precise Plan and Tentative Map be deemed a separate application from the Master Plan for purposes of AB884. 10. Applicant shall submit an erosion control plan to the Town Engineer for review and approval prior to the issuance of a grading permit. The plan shall include adequate measures to control erosion and drainage during construction so as to prevent any damage to public or private property as a result of the project. The applicant shall post a deposit in an amount determined by the Town Engineer in a manner acceptable to the Town Attorney to guarantee the installation and maintenance of the erosion control plan. II. A winterization plan approved by the Town Engineer shall be implemented and no site improvement activity shall occur after October 1st of any year unless the Town Engineer certifies in writing that the winterization measures are complete and adequate to handle the requested site improvement activity. 12. Drainage features satisfactory to the Town Engineer shall be provided to protect cut and fill slopes and other areas of disturbance from erosion. 13. Subdrains shall be constructed where needed and shall be satisfactory to the Town Engineer to eliminate seepage problems in areas proposed for development. Subdrains shall be constructed where needed and in such a manner to ensure that all housing and road sites are well drained below ground and at surface. 14. The eroded ditch along Reed Ranch Road shall be improved between the proposed development and the creek to the satisfaction of the Town Engineer. 3 15. Applicant shall make the appropriate per unit contribution to the Tiburon Boulevard Traffic Improvement Fund. 16. A sidewalk or walkway shall be provided on at least one side of the proposed roadways to provide safe pedestrian access through and around the development. These walkways should connect with trails through the open space and surrounding areas where appropriate. 17. Applicant shall post a refundable deposit in a form satisfactory to the Town Attorney to ensure that damage to Town roadways used for access by construction vehicles and as a direct result of project construction is corrected in a manner satisfactory to the Town Engineer. 18. Construction activities will be limited to the hours between 8:00 a.m. and 5:00 p.m., weekdays only, provided, however, that limited exceptions may occur by approval of the Town Manager. 19. Construction machinery shall be equipped with latest noise muffling devices and kept in good mechanical repair in order to reduce noise levels. 20. Affected residential streets shall be mechanically and/or manually swept clean of dirt at the discretion of the Superintendent of Public Works during construction. 21. Dust shall be controlled during construction by watering the area frequently. A temporary layer of gravel shall be placed on all unpaved construction roads as required by the Superintendent of Public Works. 22. The Precise Plan and Tentative Map shall include: a. A plan to eliminate undersirable plant species as identified in the EIR from the property. b. Measures to prevent access by unauthorized vehicles onto open space areas on the site. 23. The applicant shall provide that all common sewer system pipelines and improvements be dedicated to the Richardson Bay Sanitary District. 24. Applicant shall make improvements satisfactory to the Sanitary District to ensure that adequate sewage disposal for the property can be handled by the Sanitary District. 25. The 2-acre portion of the site presently outside the Richardson Sanitary District boundaries shall be annexed to the District. 26. All utilities shall be placed underground. 27. Applicant shall submit CC&R's to the Town Attorney for approval which shall include specific restrictions to be established during the Precise Plan stage. 28. The drainage fee normally charged to the developer by the Town shall be waived in recognition of the off-site and on- site drainage work which requires an expenditure in excess of the normal drainage fee. 29. Applicant has requested to contribute to the Town in-lieu housing fund rather than construct low/moderate income housing. Town agrees that applicant shall contribute to the Town in-lieu housing fund an in-lieu housing fee for low/moderate income housing in an amount equal to 15% of the units, with the exact dollar amount to be determined by a formula to be established at the Precise Plan stage. 4 Section 3. Separability If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date This Ordinance shall take effect and be in force thirty (~O) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on January 7, 1985 by the following vote: AYES: COUNCILMEMBERS: Spratling, Wilson, Coxhead, Bergmann NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Smith {~~ VALERIE BERGMANN, VICE MAYOR Town of Tiburon ATTEST: R. Drafted: Amended: Amended: Amended: 11/6/84 12/13/84 1/2/85 1/7/85 5 ORDINANCE NO. 296 N.S. AN ORDINANCE OF THE TOWN OF TIBURON REZONING THE MOITOZA LANE SUBDIVISION (A.P. #59-032-18 AND 19) FROM R-2 TO R-l IN THE TOWN OF TIBURON BE IT ORDAINED by the Town of Tiburon as follows: Section 1. Amendment to Zoninq Map. The Zoning Map of the Town of Tiburon is amended by changing the following described property from R-2 (Two-Family Residential Zone) to R-l (Single-Family Residential Zone): That certain real property situated in the County of Marin, State of California, described in the attached Exhibit "A". Section 2. Separability If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 3. Effective Date This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on November 7, 1984 by the following vote: AYES: COUNCILMEMBERS: Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling ABSTAIN: COUNCILMEMBERS: ATTIal~ R. L. KLEINERT, Town Manager/Clerk Date drafted: 10/10/84 ORDINANCE NO. 295 N. s. AN ORDINANCE OF THE TIBURON TOWN COUNCIL AMENDING ORDINANCE NO. 9 N.S. BY ADOPTING PREZONING OF CERTAIN PROPERTIES TO ~~, PD, RPD-2 AND R-l ZONES EFFECTIVE UPON ANNEXATION TO THE TOWN OF TIBURON WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section 1. Adoption of Neqative Declaration of Environmental Impact. The Town Council has considered the initial study prepared for the prezonings and finds that the properties are developed and, therefore, have established patterns of development which adequately outlines the environmental impacts. The Highlands property has a certified Environmental Impact Report and is the subject of a further Environmental Impact Report which will address the impacts of specific development. The California Environmental Quality Act provides a categorical exemption (Sec. 15319) for annexations of existing facilities. Based upon the above, the Town Council adopted a Negative Declaration of Environmental Impact. Section 2. Adoption of Prezoning. Ordinance No.9 N.S., the zoning Ordinance of the Town of Tiburon, is hereby amended by adopting prezoning of the following described property to RMP, PD, RPD-2 and R-I Zones effective upon annexation to the Town of Tiburon. That certain real property situated in the County of Marin, State of California, described as follows, and all as more particularly described on the attached Exhibit "A": 1. The Pelican Hill Apartments containing approximately IO acres prezoned to RMP. 2. The Casa Tiburon condominiums containing approximately 2 acres prezoned to RMP. 3. The Cove Shopping Center containing approximately 5 acres prezoned PD. 4. The Highlands property containing approximately 30 acres prezoned RPD-2. 5. The Bel Aire Subdivision containing approximately 47 acres, as more particularly shown on the map entitled liBel Aire Estates" in Marin County Record Maps at Book 7, page 82, prezoned to R-l, modified, however, to provide that the front yard setback shall be 25 feet and the sideyard setback shall be 6 feet. Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on October 3 , 1984 by the folLowing vote: AYES: COUNCILMEMBERS: Spratling, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Date drafted: Dates revised: 9/14/84 9/19/84, 9/28/84 10/3/84 ORDINANCE NO. -12! N.S. AN ORDINANCE OF THE TIBURON TOWN COUNCIL APPROVING THE MASTER PLAN FOR THE DEVELOPMENT OF 3 ACRES OFF ROLLING HILLS ROAD/SPRING LANE WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section 1. Findinqs. A. William Kuhns has submitted a Master Plan for the development of 3 acres of land off Rolling Hills/Spring Lane in the Town of Tiburon; and B. The Master Plan is more particularly described and is herein defined as follows: 1. Tentative Map by Frost, Meglio and Associates dated (revised) 7/12/84. 2. Geological investigation by Harding-Lawson Associates, dated July 17, 1981. C. The Town Council has made affirmative findings consistent with the standards required in Sub-section I through 5 of Section 10.4 of the Tiburon Zoning Ordinance. D. The Planning Commission (Commission) and Town Council (Council) have reviewed the environmental impact of the project, have reviewed the geological reconnaissance and find that the development will not have a significant impact on the environment and adopt a Negative Declaration of Environmental Impact. E. The Council has held a duly noticed public hearing for the purpose of reviewing the Master plan and the recommendations of the Commission and to receive comments from the public. F. The Council finds that the Master Plan as amended and conditioned herein conforms to the Town's General Plan as well as other applicable regulations. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the Master Plan for the 3-unit subdivision, subject to the following conditions: 1. A final Subdivision Map shall be submitted in accordance with the requirements of the Town Engineer, including those in his letter of August 13, 1984. 2. The applicant shall comply with all conditions of the Tiburon Fire District including those stated in the Fire Marshal letter of August 15, 1984. 3. The project soils engineer shall visit the site and provide written assurance to the satisfaction of the Town Engineer that site conditions are consistent with earlier findings. If so, all conditions and requirements of the soils report prepared by Harding-Lawson Associates, dated June 8, 1979, and the geological investigation dated July 17, 1981 shall be fulfilled. 4. Each dwelling within the proposed development shall be subject to site plan and architectural approval in accordance with Section II of the Zoning Ordinance. 5. The applicant shall submit the necessary documents to dedicate in perpetuity to the Town of Tiburon in fee title the area identified as "Area to be Dedicated, 24,960 square feet" prior to recordation of the Final Map. 6. All utilities serving the development shall be underground. 7. All utilities shall be guaranteed by the serving district or company in writing prior to the recordation of the Final Map. 8. The maximum square footage shall not exceed 3,600 square feet per each unit of gross floor area including the garage. 9. Stabilization of the proposed dedicated open space shall be done in a manner acceptable to the Town Engineer, prior to recordation of the Final Map. LOa Conditions, Covenants and Restrictions or a maintenance agreement shall be submitted to the Department of Community Development for review and approval by the Town Attorney. The C.C. & R. 's or maintenance agreement should clearly state the responsibility for maintenance of the roadways between the property owners and should guarantee the maintenance of the roadway in perpetuity. 11. Cut and fill areas, or other disturbed ground shall be protected from erosion as needed, promptly after the work is completed, as directed by a qualified soils engineer. 12. The applicant shall comply with the provisions of any Ordinance of the Town requiring contributions to a Tiburon Boulevard traffic improvement fund. 13. Two guest parking spaces shall be provided on each site, within the building envelope, for a total of four spaces. Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on September 19, 1984 by the following vote: AYES: COUNCILMEMBERS: Spratling, Bergmann, Coxhead Smith NOES: COUNCILMEMBERS: None ABSENT: Date drafted: 8/29/84 ORDINANCE NO. 293 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING MODIFICATIONS TO THE MASTER PLAN FOR HARBOR LIGHT AT 20 MAIN STREET WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section l. Findinqs. A. The Town Council of the Town of Tiburon has received and considered a modification submitted by Unes Gollestani, on behalf of the owner, Main Street Properties, to remodel and expand the use area of the Harbor Light bar at 20 Main Street. B. The Town Council has found that the use could be in conformance with the general intent of the Downtown Plan and the General Plan of the Town of Tiburon, provided certain conditions and modifications are applied to the use. C. The 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 District). D. The Town Council has found this use to be categorically exempt from the California Environmental Quality Act per Section 15101, Class la, Existing Facilities. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the amendment to the Master Plan, subject to the following conditions: I. The seating be limited to no more than 7 tables to be placed in the area identified as "dining area" on the application plot plan. 2. Applicant shall comply with all requirements of the County Health Department and any other agency that regulates food or alcoholic beverage establishments. 3. There shall be no amplified music permitted on the premises at any time. 4. Any entertainment provided shall not be audible beyond the area under control of the owner or lessee. 5. All doors shall be kept closed at all times except in cases of emergencies, to permit deliveries or for normal ingress and egress of the patrons. 6. No alcoholic beverages served on the premises shall be carried outside the building. 7. The building shall be inspected for conformance to the Uniform Building Code and general soundness. Any deficiencies noted shall be corrected in conjunction with the building permit required for the remodeling of the structure. All requirements of the Uniform Building Code and the Building Official, including adequate ventilation, shall be satisfied prior to the commencement of the use of the area. 8. All entertainment shall be confined to the rear 22 feet of the first floor of the building per plans dated October 14, 1981 on file in the Department of Community Development. 9. The use shall be subject to a review by the Town as directed by the Town Council to determine if the conditions of approval have been met. In the event it is determined the conditions of approval are not being met, the Council may direct reconsideration of the Master and Precise Plan and attach additional conditions or the Master and Precise Plans may be revoked. IO. The applicant shall comply with all conditions of the Tiburon Fire District. 11. The seven (7) additional parking spaces required to satisfy the parking standards of the zoning Ordinance shall be provided in the building owners parking lot and identified as available to the Harbor Light. Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (IS) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on August 15, 1984 by the following vote: AYES: COUNCILMEMBERS: Bergmann, Coxhead, Stein, Spratling, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Date drafted: 8/9/84 ORDINANCE NO. ~ N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE VI, CHAPTER 20 OF THE MUNICIPAL TOWN CODE BY ENACTING SECTION 20-3: CONTROL OF DOGS - LEASH REQUIRE~illNT The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. New Section 20-3 is enacted as follows: "Section 20-3. Control of Dogs - Leash Requirement: It is unlawful for the owner or person having custody or controL of any dog to suffer or permit the same, upon the entire length of the Richardson Bay Lineal Park multi-use path, McKegney Green, South of the Knoll park, the downtown Shoreline Park, and any street, sidewalk or parking lot in areas containing retail establishments, unless such dog is restrained by leash of sufficiently short to enable such persons to maintain constant control over such dog." PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 5, 1984, by the following vote: AYES: COUNCILMEMBERS: Bergmann, Spratling, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCIL~lliMBERS: Coxhead, Stein ~.~ - Y SMI , MAYOR Town of Ti uron ATTEST: Drafted: Revised: Revised: 6/14/84 6/28/84 7/5/84 ORDINANCE NO. 291 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTION 14-72 OF THE TIBURON TOWN CODE PERTAINING TO MERGER OF CONTIGUOUS PARCELS The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. Section 14-72 of the Tiburon Town Code is hereby amended to read as follows: "Section 14-72. Merger. Notwithstanding any other Ordinances or regulations to the contrary, and notwith- standing the fact that such lots may have been legal when crea" ~, two or more contiguous parcels or units of land which are held by the same owner shall merge in those instances where all of the following requirements are satisfied: (1) At least one of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by the Town, or which was built prior to the time such permits were required by the Town; (2) With respect to any affected parcel, one or more of the following conditions exists: a. Comprises less than 5,000 square feet in area at the time of the determination of merqer; b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation; c. Does not meet current standards for sewage disposal and domestic water supply; d. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability; e. Does not meet slope stability standards; f. Its development would create health or safety hazards; g. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. Parcels or units of land are held by the same owner within the meaning hereof where the same person owns or otherwise effectively controls the fee title to said property. Merger of contiguous parcels pursuant to this section shall be effectuated in the manner and by the procedures set forth in Chapter 3 of Division 2 of Title 7 of the California Government Code (Sections 66451.10, et seq.l" Section 2. The amendment of Section 14-72 of the Tiburon Town Code, shall not affect the status of any parcel or parcels heretofore merged pursuant to prior Section 14-72. Section 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage and before the expiratioin of fifteen (IS) days following its passage, the same shall be posted in three (3) public places within the Town of Tiburon showing the names of the members voting for and against the same. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on June 6, 1984, by the following vote: AYES: COUNCIL~illMBERS: Spratling, Stein, Bergmann, Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCIL~illMBERS: None ATTEST: Date drafted: 4/26/84 " ORDINANCE NO. 290 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PREZONING TO AN R-I (SINGLE F~lILY RESIDENTIAL) ZONING DISTRICT CERTAIN PROPERTY LOCATED ON HILLCREST DRIVE, TIBURON WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section l. Findinqs. A. The To~n Council (Council) of the Town of Tiburon has considered a prezonlng of certain areas presently outside the Town boundaries to an R-I (Single Family Residential) zoning district, said zoning to become effective if the property were annexed to the Town. B. The Council has considered the recommendation of the Planning Commission and has found the proposed zoning to be in conformance with the General Plan of the Town of Tiburon. C. The Council has reviewed the Initial Study and has found that the prezoning will not have a significant adverse environmental impact and adopts a Negative Declaration of Environmental Impact. Section 2. Approval. NOW, THEREFORE, the Town Council of the Town of Tiburon prezones to an R-l (Single Family Residential) zoning District that property on Hillcrest Drive more specifically defined on the attached Exhibit "A". Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it wou~d have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (IS) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on June 6, 1984 by the following vote: AYES: COUNCILMEMBERS: Spratling, Stein, Bergmann Coxhead, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: R. L. KLEINERT, Town Manager Date drafted: 5/11/84 ! I l... I 1 l lpyil 1984 HILLCREST ROAD No. 2 RECEIVED TOWN OF TIBURON ANNEXATION TOWN OF TIBURON APR 41984 DEPARTMENT OF COMMUNITY DEVELOPMENT PARCEL ONE Beginning at the most westerly corner of Lot 8 of Hillcrest Subdivision as shown in Book 13, of Recorded Maps at Page 43, Marin County Records; said point being on the existing boundary of the Town of Tiburon; thence leaving said Town boundary N 380 13' E 821.255 feet and S 87040'E 124.929 feet; thence S 820 00' E 163 feet to a point on the existing limits of Tiburon; thence southwesterly and easterly to the point of the beginning. PARCEL TWO Beginning at the northwestly corner of Parcel 3 of the lands shown in Book 8 of Parcel Maps at Page 38, Marin County Records; said point being on the existing Town Limits of Tiburoni then \Ie-'s, leaving said Town boundary S 820 00' E feet thence S 60 13' W 146.71 feet; thence S 220 48' W 200 feet to the northerly right of way of Hillcrest Road at Paradise Drive; thence crossing Hillcrest Drive southwesterly to a point being the intersection of the Southerly right of way of said Hillcrest Road and said northwesterly line of Paradise Drive; thence S 250 25' E 193.97 feet to a point on the existing boundary of Tiburon; thence along said boundary westerly and northerly to the point of the beginning. Contains 1.1~ acres more or less. ORDINANCE NO. 289 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING ORDINANCE NO.9 N.S. BY ADOPTING PREZONING OF CERTAIN PROPERTY TO THE ~~ ZONE EFFECTIVE UPON ANNEXATION TO THE TOWN OF TIBURON BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section 1. Adoption of Prezoning. Ordinance No.9 N.S., the Zoning Ordinance of the Town of Tiburon is hereby amended by adopting prezoning of the following described property to the RMP Zone effective upon annexation to the Town of Tiburon. That certain real property situated in the County of Marin, State of California, described as follows: The Tiburon Hills Estates subdivision, Bk. 18, Page 9, of recorded maps, containing approximately lO.25 acres at Cecilia Way, Janet Way and Andrew Drive, more particularly described on the attached Exhibit "A". Section 2. Separability If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 3. Effective Date This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on May 2, 1984, 1984 by the following vote: AYES: COUNCILMEMBERS: Stein, Coxhead, Bergmann, Smith NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Spratling ATTEST: Clerk ORDINANCE NO. 288 N.S. AN ORDINANCE OF THE TIBURON TOWN COUNCIL AMENDING CERTAIN SECTIONS OF THE TIBURON TOWN CODE PROVIDING FOR COMPLIANCE WITH THE STATE SUBDIVISION MAP ACT REGARDING TIME EXTENSIONS FOR TENTATIVE TRACT MAPS AND PARCEL MAPS BE IT ORDAINED by the Town of Tiburon as follows: Section l. Amendments. Section 14.29.l of the Tiburon Town Code is hereby amended by changing paragraph (a) and (c) to read as follows: (a) Expiration. The approval or conditional approval of a Tentative Tract Map shall expire 36 months from the date the map was approved or conditionally approved. (c) Time Limit on Extensions. An extension or extensions of a Tentative Tract Map approval or conditional approval shall not exceed an aggregate of three years. Section 2. Amendment: Section 14.65 of the Tiburon Town Code is hereby amended to read as follows: Section 14-65. Exemption from Final Map requirements; Parcel Map requirements. With 36 months from the date of approval of the Tentative Map, a Parcel Map, as defined in the California Business and Professions Code, shall be filed with the County Recorder after certification by the Town Engineer that the Parcel Map conforms to the requirements of the Town Code and of Section 11575 of the Business and Professions Code, and after certification by the Director of Planning that the Parcel Map conforms to the approved Tentative Map and the conditions of approval thereof. Section 3. Amendment. Section 14.65 of the Tiburon Town Code is hereby amended by the addition of the following: Section 14-65 (a) (a) Time Limit on Extensions An extension or extensions of a Parcel Map approval or conditional approval shall not exeed a total of three years. Section 4. Amendment. Section 14-75(d) of the Tiburon Town Code is hereby amended to read as follows: (d) Failure to File a Parcel Map Failure to file a Parcel Map with the County Recorder within 36 months from the approval or conditional appoval of such map shall terminate all proceedings. Any subdivision of the same land shall require the filing a new map. Section 5. Amendment. Section 14-75 of the Tiburon Town Code is hereby amended by the addition of the following: (f) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved Tentative Parcel Map, the time at which such map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve such Tentative Maps for a period or periods not exceeding three years. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. Section 6. Separability If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 7. Effective Date This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on February 15, 1984, by the following vote: AYES: COUNCILMEMBERS: Rockey, Bergmann, Smith, Edelstein, Spratling NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ATT~~ R. L. KLEINERT, Town Manager/Clerk Date drafted: 1/25/84 ORDINANCE NO.~ N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE POINT TIBURON DEVELOPMENT AGREEMENT WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section 1. Findinqs. A. The Government Code SS 65864-65869.5 authorize cities to enter into binding development agreements as therein provided. B. Innisfree Companies, a California Corporation, (Owner) has requested that the Town of Tiburon (Tiburon) enter into a Development Agreement and proceedings have been taken in accordance with the Town's rules and regulations. C. The Tiburon Planning Commission has reviewed the proposed Development Agreement and recommended that it be approved by the Town Council. D. The Town Council finds that the Development Agreement is consistent with the Downtown Plan and the General Plan and with the approved Precise Plan and Tentative Map for the property. Section 2. Approval. NOW, THEREFORE, the Town Council approves the Point Tiburon Development Agreement, a copy of which is attached as Exhibit "A" hereto, and the Mayor is authorized to enter into said Agreement. Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on February 15, 1984 by the following vote: A YES : COUNCILMEMBERS: Rockey, Smith, NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS : GARY Town Clerk ORDINANCE NO. 286 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE RING MOUNTAIN DEVELOPMENT AGREEMENT WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section 1. Findinqs. A. The Government Code SS 65864-65869.5 authorize cities to enter into binding development agreements as therein provided. B. Ring Mountain Limited, a general partnership (Owner) has requested that the Town of Tiburon (Tiburon) enter into a Development Agreement and proceedings have been taken in accordance with the Town's rules and regulations. C. The Tiburon Planning Commission has reviewed the proposed Development Agreement and recommended that it be approved by the Town Council. D. The Town Council finds that the Development Agreement is consistent with the General plan and with the approved Precise Plan for the property. section 2. Approval. NOW, THEREFORE, the Town Council approves the Ring Mountain Development Agreement, a copy of which is attached as Exhibit "A" hereto, and the Mayor is authorized to enter into said Agreement. Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on February 1, 1984 by the following vote: AYES: COUNCILMEMBERS: Bergmann, Edelstein, Rockey, Smith, Spratling None Non~ t C; 0 GARY~RAT~' ~J Town of Tiburon NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: RING MOUNTAIN DEVELOPMENT AGREEMENT (Government Code ~~65864-65869.5) THIS AGREEMENT is entered into this _____ day of 1984, between RING MOUNTAIN LIMITED, a general partnership, (ltOwner"), and the TOWN OF TIBURON, a municipal corporation organized and existing under the laws of the State of California ( "Tiburon It) . RECITALS This agreement is predicated upon the following facts: 1. Government Code Sections 65864-65869.5 authorize the Town of Tiburon to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; 2. Under ~65865 the Town of Tiburon has adopted rules and regulations establishing procedures and requirements for consideration of development agreements; 3. Owner has requested the Town of Tiburon to consider entering into a development agreement and proceedings have been taken in accordance with the Town of Tiburon's rules and regulations; 4. The Town of Tiburon has found that the development agreement is consistent with the general plan; 5. The real property which is the subject of this agreement presently lies within the jurisdiction of the County of Marin and outside the boundaries of the Town. The County of Marin by Ordinance 2711, adopted a master plan for the real property. The master plan generally designates only certain areas of the real property for development (development areas). The parties anticipate, however, that the development areas of said real property, as designated in the precise plan-tentative map approved by the Town, will soon be annexed to the Town and this -1- t 1............."....,_...._ ' -"HIIlIt<<............I.. _11'" .~ I 1ii fil It" .~ ""T IT ~~ -d .' , agreement is entered into upon that assumption. In the event such annexation fails to take place prior to September 1, 1984, this agreement shall become null and void and of no force or effect for any purpose; 6. On February 1 , 198~, the Town Council of the Town of Tiburon took the final discretionary act on the precise plan-tentative map by adopting Ordinance No. 286 N.S. approving this development agreement with Property Owner and the ordinance thereafter took effect on March 2 , 198~. 7. Town has adopted a Precise Development Plan/tentative map and prezoning for residential development of the designatd development areas to be effective immediately upon annexation of said areas. NOW, THEREFORE, the parties agree: 1. Definitions. In this agreement, unless the context otherwise requires: (a) "Town" is the Town of Tiburon. (b) "project" is the Ring Mountain Development approved by the Town, as further described in Paragraph 7, infra. (c) "property Owner", sometimes referred to as "Owner", means the person or persons having a legal or equitable interest in the real property as des- cribed in Exhibit "A" and said owner's successor in interest. (d) "Real property" is the real property described in Exhibit II A" attached. (e) "Development areas" means Areas I, II, III, IV, and Parcels G and H as shown on Exhibit B. 2. Approvals Valid for Term of Agreement. The approved precise plan/tentative map as conditioned and zoning consistent with the prezoning shall remain valid for the term of this agreement. -2- ; -............................~-'...t4..,....,..Jk&o;itI, 1~"~;"..,.....-......."....~M.'j.~~~~.~~,.u~~'T-'-:ot.Jt:..lL.. 'flit ,.' -...J.-.._ 17 ..~ . ""~ 3. Phased Development. Development of the project and per- formance of all of the terms and conditions of the Resolution approving the Precise Plan and Tentative Map may occur in phases, which phases are generally described in Exhibit "B" attached. Each phase includes as a condition of final map approval prior performance of only those conditions designated for completion at that particular phase of development as shown on the approved tentative map and the precise development plan. 4. Interest of Property Owner. Property Owner represents that it has a legal interest in the real property and that all other persons holding legal or equitable interests in the property are to be bound by this agreement. Upon demand of the Town, the property owner shall submit satisfactory proof to the Town of its interest in the property and of any other persons holding legal or equitable interests. 5. Binding Effect of Agreement. The burdens of this agreement bind and the benefits of the agreement inure to the successors in interest to the parties to it. 6. Relationship of Parties. It is understood that the con- tractual relationship between the Town and Owner is such that the Owner is an independent contractor. 7. Incorporation by Reference. This agreement hereby incorporates by reference Resolution 2163 of the Town approving the Precise Plan and Tentative Map, together with all drawings, maps, letters and other documents referred to therein, including the Town Engineer's letter of June 28, 1983, regarding this project. See Exhibit C. This agreement does not supercede or modify said Town Resolution and is expressly subject thereto and to the performance of all of the terms and conditions therein contained as well as to the Town Engineer's letter of June 28, 1983. The Precise Plan provides for the development of the property with 68 custom lots in phases with two potential future development areas which could contain a maximum of six additional -3- , .~.-""""""".-""'~.._'-il.__'" 1~~....."';J."'''.._''''''~~.'_~''.~I'';...~K ....~..,.- - ..... ~i" td&:'M.i.~ . .."ti~I"!;.~'J'_~ c....'. .~~. custom lots, for a total maximum of 74 custom lots. The develop- ment referred to herein is also designated as the "project", and the above enactments and documents are the "development plan" or "plan". 8. Changes in the Project. No change, modification, revi- sion or alteration may be made in the approved development plan without review and approval by those agencies of the Town which approved the plan in the first instance. A change, modification, revision or alteration in the approved plan is not effective until the parties amend this agreement to incorporate said change. 9. Diligent Prosecution of Project. Once construction of a phase of the project is commenced, Owner shal1 diligently prose- cute to completion the construction of said phase. Owner shall make reports of the progress of construction in such detail and at such time as the Town Engineer reasonably requests, and shall, upon request of the Town Engineer, furnish Town with copies of the project construction contracts and documents. Promptly upon completion of the project, and any phase thereof, the Town shall, upon request, provide Owner with an instrument so certifying. The certification shall be a conclusive determination that the obligation of Owner under this Agreement has been met. The certification shall be in such form as will enable it to be recorded in the official records of Marin County. 10. Hold Harmless. Owner agrees to and shall hold Town, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of Owner or those of its contractor, subcontractor, agent, employee or other person acting on Owner's behalf which relate to the project. Owner agrees to and shall defend the Town and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Owner's activities in connection -4- ; ---................--..~..'".,.... ...... .....,~...,.~..~ ~,....:;.N,.. ........""'..III_~.iolI......;.:.......~~.I.lt,.~~.h.ZaiI '".Ii ... ~ .~..-., --- - -, - .M' 1_ - ~'- with the project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regard- less of whether or not the Town prepared, supplied or approved plans and specifications or both for the project and regardless of whether or not the insurance policies referred to in paragraph 10 are applicable. 11 Insurance. Before beginning work on the project, Owner shall comply with all insurance requirements set forth in approved development plan and as required under this paragraph and shall receive approval therefor by the Town Attorney as to form, amount and carrier. Owner shall maintain the insurance required by_ the approved plan and during the term of this agreement. The insurance shall extend to the Town, its elective and appointive boards, commissions, officers, agents, employees and representatives and to the Owner and each contractor and subcontractor performing work on the project. (a) Compensation Insurance. Owner shall maintain Worker's Compensation insurance for all persons employed at the site of the project. Owner shall require each contractor and subcontractor similarly to provide Worker's Compensation insur- ance for their respective employees. Owner agrees to indemnify the Town for damage resulting from its failure to take out and maintain such insurance. (b) Public Liability and Property Damage Insurance. Owner shall maintain public liability insurance in an amount not less than $1,000,000.00 for injuries (including death) to anyone person and in an amount not less than $2,500,000.00 on account of anyone occurrence; and property damage insurance in an amount of not less than $1,000,000.00 for damage to the property of each person on account of anyone occurrence; said insurance shall hold Town, its elective and appointive boards, commissions, -5- ...,.~.~................ ..,.............ulj,'...., ........~,.c.~.........."..,._ ~ >d..t;.~'~}iUi..w.:Jo{:~.f -- --... -"'.:.....--... .II . ......... ~1f"':"1r=1' -- officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage, including, but not limited to, damages or claims for damage based upon liability imposed by Article I, Section 14, of the California Constitution, which may arise from Owner's or Owner's contractors, subcontractors', agents' or employees' work, improvements, operations and activities under this agreement, whether such work, improvements, operations or activities be by Owner or by any of Owner's contractors, subcontractors, or by anyone or more persons directly or indirectly employed by, or acting as agent for, Owner or any of Owner's contracto~s or subcontractors. Owner agrees to, and shall, defend Town and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid work, improvements, operations and activities. The provisions of this paragraph shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid work, improvements, operations and activities referred to in this paragraph, regardless of whether or not Town has prepared, supplied or approved of, plans and/or specifications for the subdivision. (c) Contractual Liability Insurance. Owner shall maintain an insurance policy in the amount of $1,000,000.00 insuring against damages sustained by reason of any action, claim or demand made by reason of breach or claim for breach of contract or by reason of any contractual liability or alleged contractual liability on any contract entered into by Owner or its contractor, subcontractor, agent or employee. 12. Evidence of Insurance. Owner shall furnish Town prior to start of construction of the first phase of development satis- factory evidence of the insurance required and evidence that the -6- .......___....."'....._,...~~.......,; ii.~. .-.............".........::;.." .~u.,,'~.u......~.......-....!It\~I....I.._....,.;~,,~~ -.. - ~ .1 " .. . -. ._ -~M-. _ < .' carrier is required to give the Town at least ten (10) days prior written notice of the cancellation or reduction in coverage of a policy. 13. Public Improvements, Facilities and Services. Owner agrees to provide the public improvements, facilities and services as defined in the precise plan/tentative map approval (Exhibit C). The Property Owner agrees to offer for dedication the extensions of Reed Ranch Road, Blackfield Drive, Paseo Mirasol, and Taylor Road as shown on the approved Precise Plan/Tentative Map and Town agrees to accept said offers of dedication. Terms and conditions for providing such public improvement facilities and services will be set forth in separate agreements,- a standard form of which is included herein as Exhibit D. Modification to this standard form agreement may be made prior to the execution of the improvement agreement if such are necessary to meet the conditions of the precise plan/tentative map. 14. Effect of Agreement on Land Use Regulations. The rules, regulations and official policies governing permitted uses of the property, the density of the real property, the design, improvement and construction standards and specifications applic- able to development of the real property are those rules, regula- tions and official policies in force at the time of the execution of this agreement. The Town further agrees to have the Town Engineer act upon the final on and off-site engineering plans within 60 days of their submittal in completed form by the Property Owner. Once approved and signed by the Town Engineer, said plans will be final and Property Owner need only satisfy other conditions in the precise plan/tentative map prior to receiving final map approval for each phase. This agreement does not prevent the Town from requiring -7- "-..._.........~~.....~.. sr.:a... ,.___~-..~_........._. .....;l....~..........~i..,....\~,.~~....~~'IU.....,__~..w.aw- ............,-..,~ .-.... .... ___ d'::;'_~~""" . '.-.,;x. -- --~ .:' ~: m-::,,:~..t~~~lam~ ."'<:"""~',,!:' " modifications to any previously approved engineering plan for the affected phase in the event such modifications are necessary to reflect unexpected changes in the natural physical condition of any location within the development areas of the project. This agreement does not prevent the Town in subsequent actions applicable to the real property from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to property as set forth in this agreement. 15. periodic Review of Compliance with Agreement. (a) The Town shall review this agreement at least once every 12 month period from the date this agreement is executed. (b) During each periodic review by the Town, the Owner is required to demonstrate good faith compliance with the terms of the agreement. The Owner agrees to furnish such evidence of good faith compliance as the Town in the exercise of its discre- tion may require. 16. Amendment or Cancellation of Agreement. This agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided for in Govern- ment Code Sections 65868, 65867 and 65867.5. 17. Enforcement. Unless amended or cancelled as provided in Paragraph 16, this agreement is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision or building regulations adopted by the Town which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. 18. Events of Default. Owner is in default under this agreement upon the happening of one or more of the following events or conditions: (a) if a warranty, representation or statement made or furnished by Owner to the Town is false or proves to have been -8- ......... ........~;,_...,~~4tIM.....~;.J~~.~,o\:kiJIl~..". .... r~ j ~..--_.. '.... '." ... - .' false in any material respect when it was made; (b) a finding and determination by the Town made following a periodic review under the procedure provided for in Government Code ~65865.1 that upon the basis of substantial evidence the Owner has not complied in good faith with the terms and conditions of this agreement. 19. Procedure Upon Default. (a) Upon the occurrence of an event of default, the Town may terminate or modify this agreement in accordance with the procedure adopted by the Town. (b) Town does not waive any claim of defect in performance by owner implied if on periodic review the local agency does not propose to modify or terminate the agreement. (c) Non-performance shall not be excused because of a failure of a third person (d) An express repudiation, refusal or renunciation of the contract, if the same is in writing and signed by the property owners, shall be sufficient to terminate the agreement and a hearing on the matter shall not be required. (e) That adoption of a law or other governmental activity making performance by the applicant unprofitable or more difficult or more expensive does not excuse the performance of the obligation by the Owner; provided, however, that this subparagraph (e) shall not apply to laws adopted by the Town unless the Town is required to do so by applicable law or authority. (f) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (g) All other remedies at law or in equity which are not otherwise provided for in the agreement or in Town's regula- tions governing development agreements are available to the parties to pursue in the event there is a breach. -9- ....-~_....~.~...~..,..............~-..ct.u,;....~~.,..~'''''-..~..4.';J.....~lIOi;i.i.t~..,.....,.~ .---. ........"" .. t._................J "..~.. t"'t""-'-'~ ......,.... ~. 3r'~ .... - -,.-. .' 20. Damages Upon Termination. In no event shall Owner be entitled to any damages against Town upon termination of this agreement. 21. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to Town shall be addressed as follows: Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA 94920 Notices required to be given to Owner shall be addressed as follows: Ring Mountain Limited c/o Coombs Development 707 Second St., Suite 320 Santa Rosa, CA 95404 A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 22. Rules of Construction and Miscellaneous Terms. (a). The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this agreement is held to be invalid, the remainder of the agreement is not affected. (c) If there is more than one signer of this agreement, their obligations are joint and several. (d) The time limits set forth in this agreement may be extended by mutual consent of the parties in accordance with the /// //1 /// /// /// /// 1/1 /1/ /// /// /// /// //1 /// -10- ~ ).. .......' 1...................."'-,.....,> .~,...__....,....l......-,J..........._4.............tIit:;.........~ :;.oili.:ull lilli' ~.~ .. ~. e ..~ . , procedures for adoption of an agreement. 23. Duration of Agreement. This agreement shall expire on the date which is seven (7) years after the date of this agreement and/or on the date of recordation of the final map of the final phase of this project, whichever of said two dates is first to occur. IN WITNESS WHEREOF, this agreement has been executed by the parties on the day and year first above written. TOWN OFGJIBUR9)'1 (' -f/ By:. /~UUI j~/ /:.f,,(~ I ~ '\ Attest: APP71I;Z:: Form: v RING MOUNTAIN LIMITED By: By: By: By: Approved as to Form: (Attach Acknowledgments) -11- .:...i..;.wo.,..~.,:.. ~""""~~'__'__"'f.,--..~ftI,_"",,,,.~d,~."'e.64"'~~ r --., r .~ f .... 1m. .C'_ '" . ORDINANCE NO. 285 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER PLAN FOR THE BOARDWALK COMPLEX AT 1550 TIBURON BLVD. WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section 1. Findinqs. A. The Town Council of the Town of Tiburon has received and considered the requested Master and Precise plan submitted by the Belvedere Land Company for approval of an additional 300 square fee of commercial area. B. The Town Council has found the use to be in conformance with the Tiburon Downtown plan and General Plan. C. The Town Council has made affirmative findings consistent with the standards required in Section 10-10 of the Tiburon Zoning Ordiancne dealing with the P.D. (Planned Development District) . D. The proposed use will not be detrimental to the downtown area. Section 2. Approval. NOW, THEREFORE, the Town Council approves the Master plan, subject to the following conditions: 1. The applicant submit building plans to the Board of Adjustments and Review for approval prior to issuance of a Building Permit. 2. The proposed area will not be used for food service of any kind. Section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on January 18, 1984 by the following vote: AYES: COUNCILMEMBERS: Bergmann, Edelstein, Rockey Spratling NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ORDINANCE NO. ~N.S. AN ORDINANCE OF THE TIBURON TOWN COUNCIL APPROVING AN AMENDMENT TO THE MASTER PLAN AND PARCEL MAP FOR 7 AND 9 WILKINS COURT WHEREAS, the Town Council of the Town of Tiburon does ordain as follows: Section 1. Findinqs. A. The Town Council of the Town of Tiburon has received and considered the request of Diane Lynch for a amendment to the combined Master and Precise plan and Parcel Map for 7 and 9 Wilkins Court. B. The amendment to the Master/precise plan and Parcel Map are described as follows: 1. Site Plan dated November 3, 1983. 2. Application form dated October 19, 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. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves the amendment to the Master plan and Parcel Map subject to the following conditions: 1. Applicant shall submit revised Parcel Map and Conditions, Covenants and Restrictions to staff for recordation showing the amended building envelope as approved by the Planning Commission prior to issuance of a Building Permit. 2. The amended building envelope areas shall be used for a one-stall parking deck and landscaped play area only. No extension of the residence shall be allowed. 3. Applicant shall apply to the Board of Adjustments and Review for approval of the landscaped area and deck proposal prior to issuance of a Building Permit. Landscaping shall be sufficient to screen the improvements from the adjacent property owners at 5 Wilkins Court, and the play area shall be planted with grass as opposed to a placement of a hard surface. 4. Applicant shall submit revised copies of the Conditions, Covenants and Restrictions amending the landscape easement prior to issuance of a Building Permit. 5. Applicant shall submit evidence that approval of the extension of the deck into the landscape easement and approval of the construction of a privacy screen along the edge of the deck have been secured from the property owner of 9 Wilkins Court prior to issuance of a Building Permit. Modification of this condition may be sought by resolution of the Town Council. section 3. Separability. If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on January 18, 1984 by the following vote: AYES: COUNCILMEMBERS: Bergmann, Edelstein, Rockey, smith, Spratling NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Clerk Date drafted: Date revised: 12/21/83 1/12/84 ORDINANCE NO. 283 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING CERTAIN SECTIONS OF CHAPTER 13 OF THE TIBURON MUNICIPAL CODE RELATIVE TO THE ADOPTION BY REFERENCE OF THE 1982 EDITIONS OF THE UNIFORM BUILDING CODE, THE 1982 BUILDING STANDARDS, THE 1982 UNIFORM MECHANICAL CODE, THE 1982 UNIFORM PLUMBING CODE, THE 1982 UNIFORM HOUSING CODE, THE 1982 UNIFORM FIRE CODE AND THE 1981 NATIONAL ELECTRICAL CODE BE IT ORDAINED by the Town of Tiburon as follows: section 1. Amendment. Section 13-12 of the Tiburon Municipal Code is hereby amended to read as follows: "The building code of the Town of Tiburon shall be the Uniform Building Code, 1982 edition, the appendices thereof (except as otherwise provided herein), and the Uniform Building Code Standards, 1982 edition, published by the International Conference of Building Officials, on file in the office of the Town Clerk of the Town of Tiburon which said documents are hereby referred to, adopted and made a part hereof as if fully set forth herein, subject, however, to the following exceptions: (1) Section 204 is deleted. (2) Section 301 (b) 2 is deleted. (3) Section 1205 is amended by adding Section 1205 (c) to read as follows: 1205 (c). Every dwelling unit shall be provided with all necessary and appropriate utility hook-ups, including, without limitation, water, sewer and electricity, and shall be eligible for service for all such utilities from the supplying agencies. (4) Chapters 32, 35, 49 and 70 of the appendix are hereby adopted. (5) TABLE NO. 3-A - BUILDING PERMIT FEES is deleted. (6) Section 304 (b) PLAN REVIEW FEES; the second sentence which reads: "Said plan review fee shall be 65 percent of the building permit fee as shown in Table 3-A., is hereby deleted." Section 2. Amendment. Section 13-2 of the Tiburon Municipal Code is hereby amended to read as follows: "13-2. Same--fees. Before any permit required by this Chapter is issued, the applicant shall pay to the Building Official the prescribed fee. If any work which requires a permit is commenced without a permit having first been obtained, the fee for the required permit shall be doubled, and said fee shall be in addition to such criminal penalties as may be imposed for violations of this Chapter. I The fees for the following permits shall be as established from time to time by Resolution of the Town Council. 1. Building. 2. plan Review. 3. Excavation and Grading. 4. plumbing. 5. Mechanical. 6. Elec tr ical. 7. Hot Tub and/or Jacuzzi. 8. Swimming Pool. 9. Special Fees." Section 3. Amendment. Section 13-17 of the Tiburon Municipal Code is hereby amended to read as follows: "13-17. Uniform Mechanical Code. The Uniform Mechanical Code of the Town of Tiburon shall be the Uniform Mechanical Code, 1982 edition, as published by the International Conference of Building Officials, subject, however, to the following exception: TABLE NO. 3-A - MECHANICAL PERMIT FEES is deleted." Section 4. Amendment. Section 13-13 of the Tiburon Municipal Code is hereby amended to read as follows: "13-13. Uniform plumbinq Code. The Uniform Plumbing Code of the Town of Tlburon shall be the Uniform plumbing Code, 1982 edition, as published by the International Association of Plumbing and Mechanical Officials, subject, however, to the following exceptions: (1) PART I, Section 20.7, SCHEDULE OF FEES is deleted. (2) Section 1004 - MATERIALS is deleted and Section 1004 of the 1979 edition is used in lieu thereof." Section 5. Amendment. Section 13-18 of the Tiburon Municipal Code is hereby amended to read as follows: "13-18. Danqerous Buildinq Code. The Dangerous Building Code of the Town of Tiburon shall be the Uniform Housing Code, 1982 edition, as published by the International Conference of Building Officials." Section 6. Amendment. Section 13-15 of the Tiburon Municipal Code is hereby amended to read as follows: "13-15. FIRE PREVENTION CODE. The Fire Prevention Code of the Town shall be the Uniform Fire Code, 1982 edition, as published jointly by the International Conference of Building Officials and the Western Fire Chiefs' Association." Section 7. Amendment. section 13-14 of the Tiburon Municipal Code is hereby amended to read as follows: "13-14. Electrical Code. The Electrical Code of the Town shall be the National Electrical Code, 1981 edition as published by the National Fire Prevention Association." 2 section 8. Separability If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 9. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on January 18, 1984 by the following vote: AYES: COUNCILMEMBERS: Bergmann, Edelstein, Rockey, Smith, Spratling NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Clerk 3 ORDINANCE NO. 282 N.S. AN ORDINANCE OF THE TOwN OF TIBURON illvillNDING ORDINANCE NO. 9 N.S. PROVIDING FOR THE ESTABLISHMENT AND REGULATION OF SECONDARY Dw~LLING UNITS BE IT ORDAINED by the Town of Tiburon as follows: Section L. Amendments. "section 18.l is hereby added to the zoning Ordinance, No.9 N.S., to read as follows: section l8.1. SECONDARY Dw~LLING UNITS. A. Findings. 1. The Town Council of the Town of Tiburon finds that the controlled development of second units will help provide for the housing needs of all economic segments of the community.. Reasonable regulations need to be established to provide standards, and to plan for the improvement of housing and for the provision of adequate sites for housing, including second units. Establishing and regulating second units is a means of preserving a stable, heterogeneous community with a balanced social and economic mix. 2. The Town Council of the Town of Tiburon finds that the passage of Senate Bills 1160 and 1534 requires all jurisdictions in the State to consider a means of providing new housing opportunities to shelter California's population, including but not limited to the elderly, handicapped, Town employees, long-term residents, and single parent households. 3. The Town Council of the Town of Tiburon finds the Genera~ pian encourages housing opportunities for all segments of the population. 4. The Town Council of the Town of Tiburon finds that it is in the public interest to provide for the establishment of second units, subject to established criteria contained herein. B. Definitions. 1. Secondary Dwellinq unit: An attached or detached additional dwelling unit on a single family lot which provides independent living facilities for not more than 3 persons, and which has kitchen/cooking, sleeping and sanitation facilities on the same parcel as the primary unit is situated. A Secondary Dwelling unit may be established by: (a) The revision of a single family dwelling unit so as to establish independent living facilities not shared in common. (b) The conversion of any previously uninhabited portion of a single-family unit so as to create an additional living unit that meets the definition contained here and above. (c) The construction of a separate dwelling unit physically attached by means of a common wal~ to an existing single- family dwelling; or (d) The conversion of any detached structure which has rece~ved a Final Building Inspection prior to the effective date of this Ordinance, on any lot comprising a minimum of 10,000 square feet. 2) Leqal Non-Conforminq Secondary Dwellinq Unit: A Secondary Dwelling unit which currently does not conform to the regulations for the district in which it is situated but which did conform at the time it was constructed or erected. -l- 3) Owner of Record: The owner of record is defined as the owner of at least 50 percent interest in the subject real property. 4) Principal Place of Residence: A dwelling unit that is occupied by the owner of record as a primary residence most of the time. 5) Attached Second Unit: An attached second dwelling unit is a second dwelling unit as defined by this Ordinance which shares a common wall with the principal place of residence. C. Second Dwellinq Units; Where Permitted: Secondary dwelling units as defined in this Ordinance shall be permitted in the following residential zoning districts only: R-I, RO-l, RO-2, RPD-l, RPD-2, RPD-3, RPD-4 and RP. Secondary dwelling units shall not be permitted in the following residential zoning districts: R-2 and R-3. D. Use Permits for Leqalizinq Existing Residential Second Units Filed Within 90 Days of Effective Date of This Ordinance: 1) Use Permit - within 90 days following the effective date of this Ordinance, the owner of each existing Residential Second Unit which was not constructed in conformity with law, (and did not subsequently become a legal, non-conforming use) shall apply to the Planning Director for a Use Permit. No application shall be allowed after 90 days following the effective date of this Ordinance without payment of a $500.00 late application penalty fee, unless the Planning Commission finds that good cause existed for the owner of record's failure to apply within the time limit specified herein. 2) Applications for Use Permits - Application for a Use Permit shall be made by the owner of record in writing to the Department of Community Development and shall contain the following: a. The name of the owner or owners of record. b. The address of the unit. c. The Assessor's Parcel Number. d. The floor area of the second unit. e. A scale drawing showing the lot dimensions, the location of the primary and second unit, and the location of all vehicular parking. f. The date of establishment of the unit, if available, or a statement as to why it is not available. g. The consent of the applicant to the physical inspection of the premises prior to the issuance of a Use Permit. h. The appropriate fee as then established by the Town Council for the processing of a Use Permit. i. Signature of the property owner of record under penalty of perjury that the second unit is located on the same lot or parcel on which the owner of record maintains his principal place of residence. j. A description and location of sanitary facilities. k. A signed statement from the applicant that the Fire District, Police Department and immediate, adjacent property owners have been notified of the intent to apply for a Use Permit. -2- E. Grant of Use Permit - Re9uired Findinqs:. In order to grant a Use Permit for a Secondary Dwell~ng Unit, following public hearing, findings shall be made by the Planning Commission, or on appeal, by the Town Council, as follows: 1) The second unit is located on the same lot or parcel on which the owner of record maintains his principal place of residence. 2) The second unit meets aLL current property development standards of the residential zoning district in which it is located or has been granted the necessary variances. 3) The second unit meets the current Building Codes adopted by the Town. 4) Only 9ne additional unit shall be allowed for each single family parce~. 5) The second unit does not cause excessive noise, traffic congestion, parking congestion or overloading of public facilities nor does it unduly interfere with existing privacy or views of neighboring homeowners. 6) Adequate sanitary services for the additional increment of effluent resulting from the second unit is available. 7) The second unit is a maximum of 700 enclosed square feet. 8) The second unit is structurally attached to the main single family dwelling or is an existing detached structure built prior to the effective date of this Ordinance on a lot not less than 10,000 square feet. The planning Commission may make an exception to the 10,000 square footage or attachment requirements contained in this section, based upon the terrain of the site or other good cause. 9) The second unit is to be occupied by no more than three persons. 10) principal access to the proposed second unit is through an entrance other than the entrance to the primary unit. The planning Commission or, on appeal, the Town Council may make an exception to this requirement if the terrain and/or design of the primary residence would not reasonably permit such separate entrance to the proposed second unit. II) Two on-site non-tandem parking spaces are provided for the second unit. The planning Commission or, on appeal, the Town Council may make an exception to this requirement if circumstances of the individual case warrant and each of the following findings can be made by the Planning Commission: a. The second unit is to be rented to an individual or group of individuals with one or no vehicle, including auto, boat, trailer or recreational vehicle. b. The parcel has limited available area for creation of additional parking spaces; access to parcel is difficult. c. Adherence to the requirement of two additional non-tandem spaces would create more of a disturbance to the neighborhood and surrounding environment than an exception. d. The exception to the non-tandem and/or two parking space requirement will not cause traffic or parking congestion and will not overburden existing public or private streets. Any such exception granted shall be reviewed by the Planning Commission when any future change in ownership occurs and annually in accordance with Paragraph L, Yearly Update. F. Buildinq Permits: A Building Permit shall be required in conjunct~on w~th the issuance of a Use Permit if repair or rehabilitation work otherwise requiring a Building Permit is necessary. -3- G. Use Permits for New Secondary Dwe~~inq Units and Existinq Secondary Dwe~~~nq Un~ts For wn~ch No Perm~t App~~cat~on Was Fi~ed within 90 Days. 1) Use Permits - A new Secondary Dwe~~ing unit to be completed subsequent to the effective date of this Ordinance, or an existing unit for which a Use Permit application has not been filed within 90 days of the effective date of the Ordinance shall be permitted on~y if a Use Permit is obtained pursuant to the provisions of this Ordinance. When it is determined that cumulative impacts from residential second units adversely affect a neighborhood, the planning Commission may recommend and the Town Council may adopt amendments to this Ordinance designating areas within which further use permits for second units shall not be issued. 2) Applications for Use Permits - An application for a Use Permit for a Secondary Dwelling Unit may be made only by the owner of record upon which the unit is proposed to be located and shall contain the information set forth in Section D-2, here and above. All applications shall be made in writing to the Department of Community Development. H. Grant of Use Permit - Required Findinqs: In order to grant a Use Permit for a Secondary Dwelling Unit to be built subsequent to the effective date of this Ordinance, following public hearing, findings shall be made by the planning Commission, or on appeal, by the Town Council, as outlined in Section E. I. Desiqn Review After Approval of the Conditional Use Permit Requ~red: A~l Secondary Dwell~ng Un~ts shal~ be subJect to Design Review. Design Review shall consider special criteria as in (E) above and encourage energy efficient building design. J. Buildinq Permits: A Building Permit shall be required in conjunction with the issuance of a Use permit for a new second unit. K. Premises Identification: Approved numbers or addresses shall be prov~ded for each dwell~ng unit and sha~l be plainly visible and legible from the street fronting the property. L. Expiration or Review Date - Use Permits for Residential Second Units: Use Perm~ts granted by th~s Ord~nance shall have no exp~ration date unless findings are made by the planning Commission or on appea~ by the Town Council that the public welfare and neighborhood interest require a specific review date to determine compliance with conditions of approvel. M. Recordinq of Use Permits: Any Use Permit granted under provisions of this Ordinance shall be recorded in the County Recorder's Office. All recording costs shall be borne by the owner of record. N. Yearly Update: The Department of Community Development shall mainta~n a record of all legal secondary dwelling units and shall annually update the record. At the annual review, the owner of record shal~ verify in writing under penalty of perjury that the second unit is in compliance with all conditions of the Use Permit. Without this verification, the Use Permit shall expire and the second unit shall be vacated forthwith. O. Reportinq of Violations: All reporting of v~o~ations of any provisions of this Ordinance shall be in writing and directed to the Department of Community Development. The Director of Community Development shall notify the owner of record of the property which is the subject of a complaint that a complaint has been registered within ten (10) calendar days from receipt of any such complaint. The Director of Community Development or his designee shall investigate and issue a written report to the complainant, within thirty (30) days from the date of the issuance of the notice, out~ining the current status of any alleged violation and the steps, if necessary, that have been requested of the owner of record to remedy the situation. P. Violations - Infractions: - Any person violating any of the prov~s~ons of th~s Ord~nance shall be deemed guilty of an infraction and upon conviction thereof shall be fined in an amount not to exceed $500.00. Each day such violation is committed or permitted to -4- continue shall constitute a separate offense and shall be punishable as such. Q. Violations Additional Remedies - Injunctions: As an additional remedy, the eXlstence and/or maintenance of any secondary dwelling unit in violation of any provisions of this Ordinance shall be cause for revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. R. Appeals: Any person aggrieved by any action involving the granting, denial, suspension or revocation of a Use Permit may appea~ such decision to the Town Council. S. Fees: A fee as set by Town Council Resolution from time to time shall be paid at the time of application for a Use Permit and annually thereafter so long as the secondary dwelling unit is maintained. section 2. Separability If any section, sentence, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent juriSdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. section 3. Effective Date This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (IS) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on January 4, 1984 by the following vote: AYES: COUNCILMEl~ERS: Bergmann, Smith, Edelstein, Rockey, Spratling NOES: COUNCILME~ffiERS: None ABSENT: COUNCIL~iliMBERS: None ATI@~ R. L. KLEINERT, Town Manager/Clerk Date drafted: Dates revised: 5/17/83 6/17/83, 7/27/83, 8/24/83, 9/13/83, 9/.26/83, 11/30/83 12/7/83, 1/4/84. -5- ORDINANCE NO: 281 N: S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TO\lli OF TIBURON ~IENDING ORDINANCE NO. 11 IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION THE TIBURON TOWN COUNCIL, COUNTY OF MARIN, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 Section 12 of Ordinance No. 11 is amended to read: Section 12. EXCLUSIONS AND EXEMPTIONS. (a) The amount of subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer. (b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city, in this state shall be exempt from the tax due under this ordinance. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the Town in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United states, or any foreign government. (d) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax. SECTION 2. Section 12 of Ordinance No. 11 as amended by Section 1 of this ordinance is amended to read: Section 12. EXCLUSIONS AND EXEMPTIONS. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer. (b) The storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state shall be exempt from the tax due under this ordinance. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. (d) The storage, use, or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (e) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. (f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, United States, or any foreign government is exempted from the use tax. SECTION 3. Section 1 shall be operative January 1, 1984. Section 4. Section 2 shall be operative on the operative date of any act of the Legislature of the State of California which amends Section 7202 of the Revenue and Taxation Code or which repeals and reenacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (i)(8) of Section 7202 of the Revenue and Taxation Code as those subdivisions read on October 1, 1983. SECTION 5. SEPARABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this ordinance, any section, subsection, sentence, clause of phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 6. Effective Date. This ordinance is hereby declared to be an urgency ordinance, to take effect immediately upon its passage pursuant to California Government Code Section 36937, said urgency being the orderly administration of taxes for the usual and current expenses of the Town. 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: BERG~ffiNN, EDELSTEIN, ROCKEY, SMITH, SPRATLING NONE NONE ~~~r' Town of T~ uron NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ORDINANCE NO. 280 N.S. AN ORDINANCE OF THE TIBURON TOWN COUNCIL PREZONING TO RPD-l AND RPD-2 (PL~~ED SINGLE FAMILY RESIDENTIAL) ZONING DISTRICTS AND RO-l (RESIDENTIAL OPEN ZONE) FOR THE RING MOUNTAIN DEVELOPJ.vlENT WHEREAS, the Town Council (Council) of the Town of Tiburon does ordain as follows: Section l. Findings. A. The Planning Commission (commission) and Council of the Town of Tiburon have considered an Environmental Impact Report, a Master Plan, a Precise Plan and a Tentative Subdivision Map for the proposed Ring Mountain development. B. The Commission and Council have approved the Precise Plan and Tentative Map for the properties and applied certain conditions to ensure development of the properties in conformance with the Town of Tiburon's General Plan and goals and r:olicies. C. The Council has found that the proposed prezoning is in conformance with the General Plan of the Town of Tiburon. D. The Council has found that the pror:osed prezoning is consistent with the development plans that have been approved by the Town. Section 2. Approval. NOH, THEREFORE, the Town Council of the Town of Tiburon approves the pre zoning to RPD-l and RPD-2 for the Ring Mountain development areas as follows and as identified on the attached Exhibit "A": Area A from RPD-3 to RPD-2 Area B from RPD-3 to RP D- 2 Area C from RPD-3 to RPD-2 Area D from RPD-3 to RPD-l Area E from RPD-3 to RPD-l Area F from RPD-3 to RPD-2 Area G from RPD-3 to RO-l Section 3. Separability. If any section, sentence, subsection, clause or ~lrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen 1 (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on December 1, 1983 by the following vote: AYES: COUNCILMEMBERS: Edelstein, Smith, Bergmann, Rockey, Spratling NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Clerk R. Date drafted: Date revised: 11-10-83 11-16-83 2