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ORD INANC E NO.
186
N.S.
AN ORDINANCE OF THE CITY OF TIBURON APPROVING THE MASTER
PLAN FOR THE FRANK HOWARD ALLEN BLDG. PROJECT
The City Council of the City of Tiburon does ordain as follows:
Section 1. Findings:
A. Jeffory Moreshead has submitted a Master Plan for development
of Parcel 59-101-15 located at 1660 Tiburon Blvd. in the PD zone in Downtown
Tiburon; and
B. The Planning Commission of the City of Tiburon has held a public
hearing to consider all arguments both for and against said proposal; and
C. The Planning Commission has reviewed the Master Plan and finds
that the submission is consistent with the adopted Downtown Plan Element of
the Tiburon General Plan, being outside of the area subject to its provisions;
and
D. The Planning Commission of the City of Tiburon has recommended
that the City Council approve the said Master Plan subject to the conditions
of approval of Planning Commission Resolution No. 236 ; and
E. The City Council has, after public hearing, considered and
reviewed the Master Plan; and
F. The City Council has made affirmative findings consistent with
the standards required in Section 10-10 of the Tiburon Zoning Ordinance 9 N.S.
dealing with the PD Planned Development Zone, as follows:
a. The density sought in the proposed development is within
the guidelines established in the Zoning Ordinance.
b. The proposed arrangement and type of building provides for
an adequate transition and maximum compatibility with adjoining patterns of
development.
c. The plan will be desirable to the public convenience and
welfare and will be in harmony with the objectives of the Tiburon General Plan.
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Section 2. Approval of Master Plan. The City Council of the City of
Tiburon does hereby approve and adopt the Master Plan attached to this Ordinance
as Exhibit "A" entitled Frank Howard Allen & Co., 1660 Tiburon Blvd., by Bushnell,
Jessup, Murphy and Van de Weghe, dated 5/4/77, consisting of four sheets, and
the accompanying text, dated April 29, 1977, subject to the following conditions:
A. That prior to issuance of a building permit a Precise Plan shall
be submitted to and approved for the proposed development as specified in
Section 10-10 of the Tiburon Zoning Ordinance.
B. That the building in the proposed development shall be subject
to Site Plan and Architectural Approval in accordance with Section 11-1 of the
Tiburon Zoning Ordinance.
C. That the drainage improvements to serve the development shall be
consistent with the Tiburon Master Drainage Plan of 1974, as revised, and, in
particular, that the drainage improvements be designed and financed by the
developer in such a manner so that all surface water will be transported from
all building sites to Raccoon Straits in a manner approved by the City Engineer.
D. That Downtown drainage basin fees in the amount of $769.83 be
paid prior to issuance of a building permit.
E. That construction shall be permitted only on weekdays, and between
the hours of 8:00 a.m. and 5:00 p.m.
F. All parking spaces shown on the.Master Plan shall be installed
at the time of construction of the building and completed prior to a certificate
of occupancy. All parking shall be provided at no charge to users.
Section 3. Separabilitv. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of a court of competent jurisdiction, such de-
cision shall not affect the validity of the remaining portions of the ordinance.
The City Council of the City of Tiburon hereby declares that it would have
passed this ordinance, and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more other sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitu-
tional.
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Section 4. Effective Date. This ordinance shall take effect and be
in force thirty days after the date of passage, and before the expiration of
fifteen days after its passage, the same shall be published, with the names of
the members voting for and against the same, at least once in a newspaper of
general circulation published in the City of Tiburon.
PASSED AND ADOPI'ED at a
regular
meeting of the City Council
of the City of Tiburon on
June 27
, 19779 by the following vote:
AYES:
COUNCILMEN: Edelstein, Ross, Tayer, Aramburu, Ellman
NOES:
COUNCILMEN: None
ABSENT:
COUNC llJ:1EN: None
of Tiburon
ATTEST:
R//LS/ -
R. L. KLEINERT, City Manager/Clerk
Draft Date: 5/27/77
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ORDINANCE NO. 185
AN ORDINANCE OF THE CITY OF TIBURON AMENDING
ORDINANCE NO. 9 N.S. BY ADOPTING PREZONING
OF CERTAIN PROPERTY TO THE RO-2 ZONE EFFECTIVE
UPON ANNEXATION TO THE CITY OF TIBURON.
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Adoption of Prezoning.
Ordinance No.9 N.S., the Zoning Ordinance of the City of Tiburon, is
hereby amended by adopting prezoning of the following described property to the
RO-2 zone effective upon annexation to the City of Tiburon:
That certain real property situated in the County of Marin, State of
California, described as follows:
The Reedland Woods and Bel Aire Schools, also known as
Assessor's Parcels 38-351-01 and 38-322-10, and located in the
unincorporated territory of Marin County and within the
sphere of influence of the City.
Section 2. Separability.
If any section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional by the decision of a
court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of the ordinance. The City Council of the City of Tiburon
hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that anyone or
more other sections, clauses or phrases may be declared invalid or unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty days after the
date of this passage, and before the expiration of fifteen days after its passage,
the same shall be published, with the names of the members voting for and against
the same, at least once in a newspaper of general circulation published in the
City of Tiburon.
PASSED AND ADOPTED at a regular
meeting of the City Council of
the City of Tiburon on May 23
, 1977, by the following vote:
AYES:
COUNC ILMEN:
Edelstein, Aramburu, Ross
NOES:
COUNC ILMEN:
Tayer
ABSENT:
COUNCILMEN:
Ellman
E. BRUCE ~S1' Mayor
City of Ttb '
AT~~____
Robert L. Kleinert, City Manager/Clerk
ORDINANCE NO. 184
N.S.
AN ORDINANCE OF THE CITY OF TIBURON ADDING
SECTION 13-1.1 TO THE TIBURON MUNICIPAL CODE,
PROHIBITING CONSTRUCTION IN CERTAIN FLOOD ZONES
The City Council of the City of Tiburon hereby ordains as
follows:
Section 1. Amendment.
Section 13-1.1 is hereby added to the Tiburon Municipal
Code, to read as follows:
"Section 13-1.1 Construction in Flood Zones.
In accordance with all applicable rules and regulations
of the National Flood Insurance Program (National Flood
Insurance Act of 1968 (Title XIII of the Housing and
Urban Development Act of 1969), P. L.. 90-448 approved August
1, 1968, 42 U.S.C. 4001 et seq.; the Housing and Urban
Development Act of 1969 (P.L. 91-152, December 24, 1969;
the Flood Disaster and Protection Act of 1973 (87 Stat. 980)
P.L. 93-234, December 31- 1973)) no new construction shall
take place in any numbered "A" zones on the official Flood
Insurance Rate Map for the City of Tiburon, dated May 16,
1977, unless such construction conforms to ~19l0.3(a) to (d)
of the Rules and Regulations of the National Flood Disaster
and Protection Acts of 1968 and 1973 [Federal Register, Vol.
41, No. 207, Tuesday, October 26, 1976]."
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Section 2.
Separability.
If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid or uncon-
stitutional by the decision of a court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City ~f
Tiburon hereby declares that it would have passed this ordinance,
and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more other sections,
subsections, sentences, clauses or phrases may be declared invalid
or unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty
days after the date of passage, and before the expiration of fifteen
days after its passage, the same shall be published, with the names
of the members voting for and against the same, at least once in a
newspaper of general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a
regular
meeting of the City Council of the City of Tiburon held on
ARril 25 , 1977, by the following vote:
AYES: COUNCILMEN: Ross, Edelstein, Aramburu, Tayer,
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Ellman
u
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ORDINANCE NO. 183 N.S.
AN ORDINANCE OF THE CITY OF TIBURON
REGULATING THE SALE OF BEVERAGE CONTAINERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TIBURON AS FOLLOWS:
WHEREAS, the City Council finds that the rapidly diminishing energy and raw
material resources of this country and the world, and the rapidly rising costs
thereof, demand concerted efforts of both the private and public sectors (including
local governments) in the recycling and reuse of raw materials and conservation of
energy; and
WHEREAS, the City Council further finds that the practice of discarding soft
drink and malt beverage containers is a wasteful one, depleting our natural
resources and squandering valuable energy; and
WHEREAS, the City Council finds that said practice has been encouraged by
developments in the packaging of soft drink and malt beverages which have dramatically
increased use of "one-way" containers in the city and elsewhere in the country;
and
WHEREAS, such increased use of "one-way" containers for said beverages has
resulted in increased costs to consumers of said beverages in the City and elsewhere;
has resulted in increased use of natural resources and energy without corresponding
benefits to the detriment of residents of the City and others; and has resulted in
an increasing amount of solid waste and litter in th~ City and elsewhere; and
WHEREAS, the City Council further finds that littered soft drink and malt
beverage containers comprise a significant percentage of litter within the City,
constitute a danger to health, safety, and welfare of the residents of the City, des-
troy the natural beauty of our City's streets, parks and other areas, and cause the
City serious financial, managerial, and technical collection and disposal problems;
and
WHEREAS, the City Council further finds that sale of soft drink and malt beverages
in the City in refillable containers would significantly conserve raw materials and
energy, should reduce costs of such beverages to consumers, and will reduce
Draft Date: 1/26/77
2/25/77
3/10/77
3/15/77
-1-
Problems faced by the City in management of its litter and solid waste collection
and disposal program by reducing the volume of both litter and solid waste; and
WHEREAS, the City Council further finds that the deposit required by this
ordinance will encourage the sale of soft drink and malt beverages in the City
in refillable containers and will encourage consumers of said beverages to return
said containers when empty rather than discarding them as solid waste or litter; and
WHEREAS, the City Council further finds that regulation of matters set forth
herein is a municipal affair and in the public interest.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. DEFINITIONS.
For the purposes of this ordinance, the following terms shall be defined as follows:
a. "Beverage" means beer, ale, malt liquor or similar beverage with a malt base,
and mineral water, soda water, other carbonated flavored beverage or any artificial
mineral water in liquid form commonly called soft drinks and intended for human
consumption, but "beverage" does not include dairy products or fruit juices.
b. "Beverage Container" means any individual, air-tight, sealed bottle, can
or other receptacle in which a beverage is sold, made of glass, metal, plastic,
or other material which directly holds or contains beverages.
c. "City" means all that territory within the corporate limits of the City
of Tiburon.
d. "City Manager" means the City Manager of the City or said Manager's designated
representative.
e. "Consumer" means every person who purchases a beverage in a beverage container
for use or consumption.
f. "Distributor" means any person, firm, business, corporation, partnership,
association, joint venture, or any combination thereof, engaged in the sale or
distribution of beverages to vendors, including any manufacturer who engages in such
sale or distribution, directly to vendors.
g. "Refillable Container" shall mean any container used for the sale of soft drink
or "malt
beverages,
and which container can be washed, sterilized and refilled for
resale of such beverages, and for which the vendor receives at least two cents ($.02)
for each such container from the vendor's distributor.
Draft Date: 1/26/77
2/25/77
3/10/77
3/15/77
-2-
h. "Sale" shall mean a commercial transaction by any person, firm, individual, cor-
poration, partnership, or vendor, in which transaction beverages are sold directly to
the public for a monetary consideration for the purpose of off-premise comsumption.
"Sale" shall not include a transaction for the purpose of reselling.
i. "Vendor" shall mean any person in the City who engaged in the sale of beverage
containers to a consumer in the City.
Section 2. REQUIREMENTS.
a. Return Deposit Required. Every beverage container sold or offered for sale
in the City by a vendor to a consumer or by a distributor to a vendor shall have a ref UTI
value of not less than $.10 (ten cents).
b. Refund of Deposit. Except as provided in subparagraph d, a vendor shall not
refuse to accept from a consumer any empty refillable beverage container of the kind,
size and brand sold by such vendor, or any non-refillable beverage container bearing
a refund marking placed thereon by a vendor whose principal place of business is
located in the City or the vendor's distributor, or refuse to pay to the consumer the
refund value of any such beverage container. A distributor shall not refuse to accept
from a vendor any empty refillable beverage container of the kind, size and brand
sold by such distributor or any non-refillable beverage container bearing a refund
marking placed thereon by said distributor, or refuse to pay the vendor the refund
value of any such beverage container.
c. Refund Value Marking. Every beverage container sold or offered for sale in
the City by a vendor to a consumer or by a distributor to a vendor shall clearly
indicate by embossing or by stamp or by a label or other method securely affixed to
the beverage container by the distributor that it has a refund value.
d. Grounds for Refusal of Refund.
1. A vendor may refuse to accept from a consumer for refund any empty beverage
container which is not marked as required by subparagraph c.
2. A vendor may refuse to accept from a consumer for refund any empty
beverage container tendered to him that is not clean, and in the case of a refillable
beverage container, one that cannot be washed, sterilized and reused.
3. A distributor may refuse to accept from a vendor for refund any refillable
beverage container that cannot be washed, sterilized and reused.
Draft Date: 1/26/77
2/25/77
3/10/77
3/15/77
-3-
e. Refillable Containers. Every vendor must carry refillable containers
for each brand and beverage he c.arries whenever such beverages are reasonably available
in refillable containers.
f. Disposition of Returned Containers. All empty beverage containers returned
to a vendor other than those returned by a vendor to a distributor for refund of a
deposit shall be segrated by the vendor for pick-up by a salvage collector designated
by the City.
Section 3. INSPECTION.
The City Manager is authorized during business hours to enter the business premises
of any vendor engaged in the sale of beverages in the City for the sole purpose of
inspecting said premises and determining whether the vendor is in compliance with
this ordinance.
Section 4. VIOLATIONS.
Any person who violates any provision of this ordinance is guilty of a misdemeanor
and shall be punished by a fine not exceeding Three Hundred Dollars ($300.00). For
purposes of this ordinance, each day of a continuing violation shall constitute a
separate offense.
Section 5. REPEAL.
It is the intent of the City Council to repeal this ordinance upon the enactment
of federal, state, or county legislation containing provisions substantially similar
to those contained in this ordinance.
Section 6. SEVERABILITY.
The provisions of this ordinance are hereby declared to be severable and if any
provision, sentence, clause, section, or part hereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstance, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of
the remaining.
provisions, sentences, clauses, sections, or parts of this ordinance
shall be deemed to infringe upon the powers of the State of California Department
of Alcoholic Beverage Control under Business and Professions Code 623,000 et seq.
Draft Date: 1/26/77
2/25/77
3/10/77
3/15/77
-4-
Section 7. EFFECTIVE DATE.
This ordinance shall be operative at the expiration of nine (9) months following
the date of its adoption, and within 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 City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tiburon held on March 28 , 1977, by the following vote:
AYES: COUNCILMEN: Ellman, Edelstein, Aramburu, Tayer
NOES: COUNCILMEN: Ross
ABSENT: COUNCILMEN: None
~r(~;
ATlliS~.. .../....k~/~....//.. I
I I" l:c. .
, ~i; '. ~
ROBERT L. KLEINERT, City Clerk/Manager
Draft Date: 1/26/77
2/25/77
3/10/77
3/15/77
-5-
ORDINANCE NO.
182
N. S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 20
OF THE TIBURON MUNICIPAL CODE, BY RAISING REDEMPTION FEES
AND REVISING NUISANCE ABATEMENT PROCEDURES.
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Amendment.
Section 20-5(a) of the Tiburon Municipal Code is hereby amended to
read as follows:
"(a) No dog or other animal shall be released by the poundkeeper
to the owner until all charges, cost of redemption and the current
year's license charge have been paid. The charges and cost of
redemption of the impounded animal shall be a fee of ten dollars
for the first impoundment in any fiscal year, and a fee of twenty
dollars for the second impoundment in any fiscal year, and a fee
of forty dollars for each additional impoundment in any fiscal
year, plus in each impoundment a charge of one dollar and fifty
cents per day for keeping.
Section 2. Amendment.
Section 20-8(d) of the Tiburon Municipal Code is hereby amended to
read as follows:
"(d) Whenever it shall be affirmed, in writing, by two or more
persons residing or regularly employed in the neighborhood that
any animal is a nuisance by reason of trespassing, howling,
barking or othernoise, or damage to property or being vicious, or
in any manner causing undue annoyance, the poundkeeper shall, and
any peace officer of the city may, investigate, and if it is found
by such authority that a nuisance exists, may serve notice upon
the owner or custodian that such nuisance shall be abated. If the
owner or custodian does not abate such nuisance within twenty-four
hours after the giving of such noti~e, the poundkeeper may impound
the animal or fowl. (Ord. No. 21, I 5.2; Ord, No. 67 N.S., 6 5.)
Section 3. Se~arability.
If any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of
a court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the ordinance. The City Council of the City of
Tiburon hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that anyone or more other sections, subsections, sentences, clauses
or phrases may be declared invalid or unconstitutional.
Section 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 City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on February 14
, 1977, by the following vote.
AYES:
COUNCILMEN: Ellman, Edelstein, Ross, Aramburu
NOES:
COUNCILMEN: Tayer
ABSENT:
COUNCILMEN:
~~~7~
DONALD S. TAYER, Mayor
ATTEST:
ROBERT L. KLEINERT, City Manage~/City Clerk
Draft date 2/7/77
-2-
ORDINANCE NO. 181
N.S.
AN ORDINANCE OF THE CITY OF TIBURON
AMENDING ORDINANCE NO.9 N.S., THE TIBURON
ZONING ORDINANCE, BY PROVIDING FOR THE ISSU-
ANCE OF CERTIFICATES OF OCCUPANCY
The City Council of the City of Tiburon does ordain as follows:
Section 1. Amendment. Ordinance No.9 N.S., the Tiburon Zoning
Ordinance is hereby amended by adding Section 21.1 to read as follows:
"Section 21.1: Certificates of Occupancy.
~A) Purpose: To ensure that each new or expanded use of
a structure or site, each new structure or alteration of an exist-
ing structure and each changed non-residential occupancy or
tenancy of any structure or site complies with all applicable
provisions of this ordinance, Chapter 13 of the Tiburon Municipal
Code and Sections 306, 502, and 503 of the Uniform Building Code
and in order that the City may have a record of each new
or expanded use of a structure or site, a certificate of occupancy
is required before any structure or site may be occupied or used and
before there is a change in any non-residential occupancy or
tenancy of any structure or site.
(B) Certificate Required: No structure erected, moved,
altered or enlarged after the effective date of this ordinance shall
be occupied or used, no site shall be initially occupied or used,
and no non-residential occupancy or tenancy of any structure or
site shall be changed after the effective date of this ordinance,
until a certificate of occupancy shall have been issued by the
Building Official.
(C) Application: Application for a certificate of occupancy
shall be filed with the Building Official prior to the erection,
moving, alteration or enlargement of any structure, prior to the
commencement of a new use or a change in use of any structure, or
site, and prior to a changed non-residential occupancy or tenancy
of any structure or site. The application shall be on a form
provided by the City and shall be accompanied by the fee established
therefor by resolution of the City Council.
(D) Issuance: The Building Official shall issue a certificate
of occupancy upon receipt of written notice that the structure or
site is ready for occupancy or use and after he has inspected the
structure or site, provided that the structure or site and the
intended use thereof conform with the regulations for the zone in
which it is located, all other applicable provisions of this
Chapter 13 of the Tiburon Municipal Code, and with all applicable
fire safety and health regulations. No business license shall be
issued by the City until the certificate of occupancy is issued.
(E) Validity of Permits: Any certificate, if issued in con-
flict with the provisions of the Zoning Ordinance, or other ordin-
ances of the City, shall be null and void.
Draft date: 1/6/75
Revised: 12/10/76
Amended: 1/10/77
(F) Revocation of Permit: The City Council may, after public
hearing and after notice to the applicant, revoke or modify the
certificate on anyone or more of the following grounds:
(1) That the approval was based on false information
submitted by the applicant;
(2) That the use for which such approval was granted is
not being exercised;
(3) That the use for which such approval was granted has
ceased to exist or has been suspended for six months or more;
(4) That the use of the land or structure is being, or
recently has been, exercised contrary to the terms or condi-
tions of such certificate, or in violation of any statute,
ordinance, law or regulation.
Section 2. Separability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance. The City Council of the City of Tiburon hereby declares
that it would have passed this ordinance, and each section, subsection,
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 days after the date of passage, and before the
expiration of fifteen days after its passage the same shall be published,
with the names of the members voting for and against the same, at least
once in a newspaper of general circulation published in the City of
Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on January 24, , 1977, by the following vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Ross, Aramburu, Tayer
NOES:
COUNCILMEN:
ABSENT:
COUNCILMEN:
4 -q.y/~~~
ONALD s. TAYER,' Mayj r
City of Tiburon
ATTEST:
Draft date:
Revised:
Amended:
1/6/75
12/10/76
1/10/77
ORDINANCE NO.
180
N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 23-2
OF THE TIBURON MUNICIPAL CODE BY EXTENDING THE APPLICATION
OF PARKING RESTRICTIONS.
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. Amendment.
Section 23-2 of the Tiburon Municipal Code is hereby amended
by adding subsection 11 a.l, to read as follows:
"(11 a.l) Section l2.l(a)3 is amended to read as
follows:
'3. White shall mean no stopping, standing
or parking at any time for any purpose other than
loading or unloading of passengers, or for the
purpose of depositing mail in an adjacent mail
box, which shall not exceed three (3) minutes,
except that when such zone is in front of a theatre,
the restriction shall not apply when such theatre
is closed.'"
Section 2. Separability.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the
ordinance. The City Council of the City of Tiburon hereby declares
that it would have passed this ordinance, and each section, sub-
section, 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 days
after the date of passage, and before the expiration of fifteen
days after its passage, the same shall be published, with the names
1.
of the members voting for and against the same, at least once
in a newspaper of general circulation published in the City of
Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on
December 13
, 1976, by the
following vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Ross, Aramburu, Tayer
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
~~~~
Mayor
City
2.
ORDINANCE NO. 179
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE
NO. 9 N.S. BY ADOPTING PREZONING OF CERTAIN PROPERTY
TO THE RPD-3 ZONE EFFECTIVE UPON ANNEXATION TO THE CITY
OF TIBURON.
The City Council of the City of Tiburon does hereby ordain as follows:
Section: 1 Adoption of Prezoning.
Ordinance No.9 N.S., the Zoning Ordinance of the City of Tiburon is
hereby amended by adopting prezoning of the following described property to the
RPD-3 zone effective upon annexation to the City of Tiburon:
That certain real property situated in the County of Marin, State of
California, described as follows:
Ring Mountain, generally known as the Deffebach property which is
approximately 363 acres and also known as Assessor's Parcels No. 38-182-04, 06, 07,
08, 09, 10, 11, and 12 and located in the unicorporated territory of Marin County
and within the sphere of influence of the City, and is generally shown on Exhibit
"A".
Section 2. Separability.
If any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of a court
of compentent jurisdiction, such decision shall not affect the validity of the re-
maining portions of the ordinance. The City Council of the City of Tiburon hereby
declares that it would have passed this ordinance, ana each section, subsection, clause
or phrase thereof, irrespective of the fact that anyone or more other sections, clause
or phrases may be declared invalid or unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty days after the
date of passage, and before the expiration of fifteen days after its passage, the
same shall be published, with the names of the members voting for and against the
same, at lease once in a newspaper of general circulation published in the City of
Tiburon.
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PASSED AND ADOPTED at a regular
meeting of the City Council of the
,1976, by the following vote:
,/
City of Tiburon held on December 13,
AYES:
COUNCILMEN: Ellman, Edelstein, Aramburu, Tayer
NOES:
COUNCILMEN: Ross
ABSENT:
COUNCILMEN: None
ATTEST~~
ROB~' KLEINERT
City Manager/Clerk
draft date: 10/25/76
-2-
~
/" ~
DONALD TAYER
Mayor of the City of Tiburon
ORDINANCE NO. 178
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE
NO.9 N.S., THE ZONING ORDINANCE, BY ADDING SECTION
10-4 (F) 5, 10-4 (G), and 10-4.1.1 AND BY RENUMBERING
SECTION 10-4 (G), SO AS TO ADD PROVISIONS REGARDING
DESIGN REQUIREMENTS AND STANDARDS FOR ENVIRONMENTAL
SIGNIFICANCE AND BY ADDING A NEW ZONING CLASSIFICATION
ENTITLED RESIDENTIAL PLANNED DEVELOPMENT AND OPEN
SPACE ZONE (RPD-3)
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Amendment: Section 10-4 (F) 5 is hereby added to the
Zoning Ordinance No.9 N.S. to read as follows:
5. '~hether the plan and the number of units to be developed on the
site are consistent with the Environmental Assessment and/or the Environmental
Impact Report and Design Requirements."
Section 2. Amendment: Section 10-4 (H) is hereby added to the
Zoning Ordinance No.9 N.S. to read as follows:
Design Requirements All of the design requirements set forth in
Section 11 and Section 11-1 of the Zoning Ordinance shall apply to projects
developed in the RPD-l,2 and 3 zones with the following additional requirements:
1. Site Prepa~a~ion
A. Grading. All grading shall be reviewed by the Planning Commission
or by staff members designated by the Commission. Grading shall be held to a
minimum. Every reasonable effort shall be made to retain the natural features of
the land: skylines and ridgetops, rolling land forms, knolls, native vegetation,
trees, rock outcroppings and water course.
B. Roads. All roads shall be subject to the approval of the City
Engineer, and at minimum slopes as consistent with the objectives of the Zone,
and the minimization of grading, cut backs and fill areas.
C. Erosion Control. Consistent with the grading approvals of the
project, plans showing ways in which erosion is minimized must be presented to
and approved by the Planning Commission.
D. Trees and Vegetation. In all instances every effort shall be
made to avoid removal, changes or construction which would cause the death
of trees, rare plant communities or habitats of endangered wildlife.
E. Geologic Hazards. No construction should be permitted on areas
of identified seismic or geologic hazards without the express approval of the
Department of Community Development and the Planning Commission.
2. Project Design
A. Clustering. Generally, buildings should be clustered in the
most accessible, least visually prominent and most geologically stable portion
or portions of the site, consistent with the need for privacy to minimize
visual and aural intrusion into each unit's indoor and outdoor living area
from other living areas. Clustering is especially important on open grassy
hillsides. A greater separation of buildings may be preferable on wooded
hillsides to save trees. The prominence of construction can be minimized by such
devices as placing buildings so that they will be screened by wooded areas,
rock outcroppings and depressions in the topography.
B. Ridgelines. Development shall be designed in such a way as
to minimize any encroachment onto ridgelines.
C. Landscaping. Landscaping shall minimally disturb natural areas,
including open areas, and additional landscaping in a natural or semi-natural
area shall be compatible with the native plant setting. Fire protection and
minimal water use shall be considered in landscaping plans. Planting shall not
block views from adjacent properties or disturb wildlife trails.
D. Utilities. In ridgeland areas roads shall be designed to minimum
standards, and subject to City Engineer's approval. In ridgeland areas
street lights, if needed, shall be of low level intensity, and low in profile.
In all areas, power and telephone lines shall be underground.
E. Materials and Colors. Shall blend into the natural environment
unobtrusively to the greatest extent possible.
F. Noise Impacts. on residents and persons in nearby areas shall be
minimized through placement of buildings, recreation areas, roads and
landscaping.
G. Facilities. Where possible, facilities and design features called
for in the City's General Plan shall be provided on the site. These include
units with three or more bedrooms, available to households with children;
child care facilities; use of reclaimed waste water; use of materials, siting,
and construction techniques to minimize consumption of resources such as
energy and water; use of water-conserving appliances; recreation facilities
geared to age groups anticipated in the project; bus shelters; design features
to accommodate the handicapped; bicycle paths linked to city-county system;
and facilities for composting and recycling.
H. Open Space Dedication. Land to be preserved as open space may be
dedicated by fee title to the City of Tiburon prior to issuance of any
construction permit, or may remain in private ownership with appropriate
scenic and/or open space easements in perpetuity, and the City may require
reasonable public access across those lands remaining in private ownership.
I. Open Space ~ses. Uses in open space areas shall be in accordance
with policies of the City's General Plan. Generally, uses shall have no or minimal
impact on the natural environment. Pedestrian and equestrian access shall be
provided where possible and reasonable. The intent is to serve the people in
adjacent communities, but not to attract large numbers of visitors from other
areas.
Section 3. Amendment. Section 10-4.1.1 is hereby added to the Zoning
Ordinance No.9 N.S. to read as follows:
"Section 10-4.1.1: Residential Planned Development and Open Space Zone
(RPD-3)
This zone shall have the same purposes, definitions, uses, land and
structure regulations, standards and procedures as in the RPD-1 zone, except
that density shall be no greater than 0.1 dwelling unit per gross acre.
Section 4. Separability. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the
ordinance. The City Council of the City of Tiburon hereby declares that it
would have passed this ordinance, and each section, subsection, clause or
phrase thereof, irrespective of the fact that anyone or more other sections,
subsections, clauses or phrases may be declared invalid or unconstitutional.
-2-
Section 5. Effe~tive Date. This ordinance shall take effect and be
in force thirty days after the date of passage, and before the expiration
of fifteen days after its passage, the same shall be published, with the
names of the members voting for and against the same, at least once in a
newspaper of general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular
meeting of the City Council
of the City of Tiburon on December 13
, 1976, by the following vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Ross, Aramburu, Tayer
NOES:
COUNCILMEN: None
ABSENT:
COUNCIIMEN: None
~/~
City of Tiburon
ATTEST:
Draft date:
revised:
11/9/76
11/30/76
-3-
ORDINANCE NO.
177 N.S.
ORDINANCE OF THE CITY OF TIBURON ESTABLISHING REGULATIONS
AND PROCEDURES REQUIRING THE UNDERGROUND INSTALLATION OF
WIRES AND FACILITIES FOR THE SUPPLY AND DISTRIBUTION OF
ELECTRICAL ENERGY AND COMMUNICATION SERVICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TIBURON
as follows:
Section 1:
The City Council of the City of Tiburon does hereby find
and determine that the public interest requires that additional
facilities and wires for the extension of existing facilities
for the supply and distribution of electrical energy and service,
including communication service, shall be placed underground in
order to promote and preserve the health, safety and general
welfare of the public, and to assure the orderly development of
the City of Tiburon.
Section 2: New Extensions of Utility Facilities.
It is hereby ordered by the City Council of the City of
Tiburon that:
a. All new extensions of existing utility distribu-
tion facilities (including, but not limited to, electric,
communication, and cable television lines), hereafter con-
structed or installed in the City of Tiburon, shall be
placed underground.
b. Service to New or Remodeled Buildings: All elec-
tric and communication service laterals, including cable
television service, to any new residential or commercial
building or structure being remodeled when such remodeling
requires the relocation or replacement of the property
owner's main electrical service equipment, shall be placed
underground from the main service facility within said
Adopted 1st Reading: 9/13/76
Amended Draft date: 9/27/16
1.
building or structure to a location designated by the
supplying utility.
c. It will be the responsibility of the applicant
for electric, communication or similar or associated ser-
vice to make the necessary arrangements with the utility
companies involved for the underground installation of
wires and facilities required for such new extension and/
or service, all in accordance with applicable rules, regu-
lations and tariffs of the repsective utility or utilities
on file with the California Public Utilities Commission.
Section 3: Exceptions.
a. Any municipal equipment or facilities installed
under the supervision and to the satisfaction of the City
Engineer.
b. Poles or electroliersused exclusively for street
lighting.
c. Overhead wires attached to the exterior surface
of a building by means of a bracket or other fixture and
extended from one location on the building to another 10-
cation on the same building or to an adjacent accessory building
within 75 feet on the same lot or parcel without crossing
any public street.
d. Poles, overhead wires and associated overhead
structures used for the transmission of electrical energy
at nominal voltages in excess of 34,500 volts.
e. Antennae, associated equipment and supporting
structures used by a utility for furnishing communication
services.
f. Equipment appurtenant to underground facilities,
such as surface-mounted transformers, pedestal-mounted
dopted 1st Reading: 9/13/76
~-illlended Draft date: 9/27/76
2 .
terminal boxes and meter cabinets, and concealed ducts.
g. Temporary poles, overhead wires and associated
overhead structures used or to be used in conjunction with
construction projects, or which are installed and maintained for
a period not to exceed ten (10) days in order to provide
emergency service.
Section 4: Hardship.
Where the enforcement of the provisions of Section 2 would
result in undue hardship, application for exception from the pro-
visions thereof may be made in the following manner:
a. Written application shall be filed with the
Director of Community Development, and a copy shall be pro-
vided for the Director of Public Works.
b. Such application shall include all information
necessary to properly apprise the Director of Community
Development and the Director of Public Works of the cir-
cumstances existing which require such exception.
c. The Planning Commission shall consider said appli-
cation at its next regularly scheduled meeting that is not
less than 10 days following the da~e the application is
filed, and at such time shall grant or deny the application.
Any action taken by the Planning Commission may be appealed
to the City Council. For subdivision developments, any ex-
ception must also be approved by the California Public
Utilities Commission.
Section 5: Existing Facilities.
The provisions of Section 2 shall not prohibit the mainte-
nance and operation of existing overhead facilities, nor prohi-
bit the connection of underground service lines to existing
overhead utility distribution equipment.
dopted 1st Reading: 9/13/76
4~ended Draft date: 9/27/76
3 .
Section 6: Penalty.
It shall be unlawful for any person to violate any pro-
vision or to fail to comply with any of the requirements of this
ordinance. Any person violating any provision of this ordinance
or failing to comply with any of its requirements shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding Five Hundred Dollars ($500.00)
or by imprisonment not exceeding six (6) months, or by both
such fine and imprisonment. Each such person shall be deemed
guilty of a separate offense for each day during any portion
of which any violation of any of the provisions of this ordinance
is committed, continued or permitted by such person, and shall be
punishable therefore as provided for in this ordinance.
Section 7: Constitutionality.
If any section, sub-section, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such deci-
sion shall not affect the validity of the remaining portions
of this ordinance. The Council hereby declares that it would
have adopted the ordinance and each section, sub-section, sen-
tence, clause or phrase thereof, irrespective of the fact that
anyone or more sections, sub-sections, sentences, clauses or
phrases be declared invalid.
Section 8: 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,
~dopted 1st Reading: 9/13/76
\mended Draft date: 9/27/76
4.
with the names of the members voting for and against the same,
at least once in a newspaper of general circulation published
in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on September 27, 1976, by the
following vote:
AYES:
COUNCILMEN: Ellman, Edelstein, Ross, Tayer
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
ABSTAINED:
\dopted 1st Reading: 9/13/76
Amended Draft date: 9/27/76
5.
ORDINANCE NO. 176
N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING
SECTION 23-2 OF THE TIBURON MUNICIPAL CODE BY
REVISING THE REGULATIONS CONCERNING THE USE OF
SKATEBOARDS AND OTHER SIMILAR DEVICES ON CITY
STREETS
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. Amendment. Subparagraph 4.1 of Section 23-2 of
the Tiburon Municipal Code is hereby amended to read as follows:
"(4.1) Section 8.9 is added to read as follows: 'Section 8.9. Use
of Skateboards, Coasters, and Similar Devices Regulated.~
It shall be unlawful for any person upon a skateboard,
roller skates, or riding in, upon, or by means of, any coaster,
toy vehicle, or similar device to go upon any roadway in the
City of Tiburon between the hours of sunset and sunrise and
on those roadways designated by the City Manager as being a
continual hazard for such activity during daylight hours and
so marked upon the roadway or posted."
Section 2. Separability. If any section, subsection, sen-
tence, clause or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of a court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of the ordinance. The City Council of
the City of Tiburon hereby declares that it would have passed this
ordinance, and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that anyone or more other sec-
tions, 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 days after the date of passage, and before
the expiration of fifteen days after its passage, the same shall
be published, with the names of the members voting for and against
the same, at least once in a newspaper of general circulation
published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon held on September 27th ,1976, by the following
vote:
AYES:
COUNCILMEN: Aramburu, Edelstein, Ellman, Ross,
NOES:
COUNCILMEN: Tayer
ABSENT:
ATTEST:
COUNCILMEN: None
~NA~~~
MAYOR
Draft Date:
August 26, 1976
ORDINANCE NO. 175 N.S.
AN URGENCY ORDINANCE OF THE CITY OF TIBURON AMENDING
THE TIBURON CITY CODE PERTAINING TO DOG LICENSE FEES
The City Council of the City of Tiburon does hereby ordain as follows:
1. Section 20-17 of the Tiburon City Code is hereby amended to read as
follows:
Section 20-17. Same fee; exceptions.
(a) A dog license fee of seven dollars and fifty cents is imposed upon all dogs,
except spayed bitches for which the fee shall be three dollars and seventy-five
cents. The fee is due and payable with the issuance of a license as required in
Section 20-16. The license fee shall be for licensing during the fiscal year in
which application is made for the license, and may be prorated. Such proration
shall be allowed only for licenses applied for after January 1st if the owner of
the dog to be licensed became a resident of the city after January 1st, or if
the dog attained the age of four months after January 1st. The prorated fee for
a license applied for by a new resident or a person owing a dog attaining the
age of four months after January 1st shall be three dollars and seventy-five cents.
No prorated license shall be issued upon application by a new resident of the
city unless satisfactory proof is presented to the licensing authority that such
residence commenced on or after January 1st.
2. This Ordinance is an urgency ordinance for immediate preservation of
the public peace, health or safety within the meaning of Government Code Section
36937 and shall go into effect immediately. The facts constituting such necessity
are: as a consequence of termination of various funding programs, an increase in
unanticipated demands and escalating costs, the financial integrity of the Marin
County Animal Control System is in serious jeopardy and requires additional funds
to continue at a level consistent with the public interest. Consequently, to
raise the requisite funds it is necessary that this ordinance take effect
immediately.
3. Separability. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid or unconstitutional by the
decision of a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. The City Council of the City
of Tiburon hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that anyone or more sections, subsections, sentences, clauses or phrases may be
declared invalid or unconstitutional.
4. Publication. Before the expiration of fifteen days after the adoption
of this ordinance, the same shall be published, with the names of the members
voting for and against the same, at least once in a newspaper of general circu-
lation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tiburon, held on June 28th , 1976, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Aramburu, Edelstein, Ellman, Ross, Tayer
None
None
~~/~~
DONALD S. TAYER
Mayor of the City of Tiburon
R.
Draft Date: 6/28/76
ORDINANCE NO. 174 N. S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 23-2
OF THE TIBURON MUNICIPAL CODE BY REGULATING THE USE OF
SKATEBOARDS AND SIMILAR DEVICES ON CITY STRE~TS
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Findings. The City Council finds as follows:
a. That persons upon skateboards, roller skates, or riding upon, or by
means of, any coaster, toy vehicle, or similar device, who go upon roadways in the
City can, under certain circumstances, create dangerous traffic conditions.
b. That persons engaged in the activity described hereinabove have been
injured and cause injury to others and, on occasion, created serious threats to
the public health, safety and welfare.
c. That the threat to public safety described herein is greatest
between the hours of sunset and sunrise.
Section 2. Amendment. Section 2302 of the Tiburon Municipal Code is
hereby amended by adding subparagraph 4.1 to read as follows:
"(4.1) Section 8.9 is added to read as follows: 'Section 8.9. Us~ of Skate-
b<?ar.ds, Coaster~~~n~~~mi~a!"_Devic~s Regulated.
a. It shall be unlawful for any person upon a skateboard, roller
skates, or riding in, upon, or by means of, any coaster, toy vehicle,
or similar device to go upon any roadway in the City of Tiburon be-
tween the hours of sunset and sunrise and on those roadways desig-
nated by the City Manager as being a continual hazard for such
activity during daylight hours and so posted after due public notice.
Section 3. Separabi!ity. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid or unconstitu-
tional by the decision of a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of the ordinance. The City
Council of the City of Tiburon hereby declares that it would have passed this
ordinance, and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more other sections, subsections,
sentences, clauses or phrases may be declared invarid or unconstitutional.
~~ction.~. Effective Date. This ordinance shall take effect and be in force
thirty days after the date of passage, and before the expiration of fifteen days
after its passage, the same shall be published, with the names of the members
voting for and against the same, at least once in a newspaper of general circu-
lation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tiburon held on June 14, 1976, by the following vote:
AYE S :
COUNCILMEN: Aramburu, Ellman, Edelstein, Ross
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Tayer
Tiburon
ATTEST:
Draft date: 3/4/76
Amended 1st reading: 5/24/76
ORDINANCE NO. 173 N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTIONS
10-4, 10-10 and 11 of ORDINANCE NO.9 N.S., THE ZONING
ORDINANCE, PERTAINING TO SITE PLAN AND ARCHITECTURAL
REVIEW IN THE RPD, RMP, AND PD ZONES, AND PROVIDING
FOR REFERRAL TO THE BOARD OF ADJUSTMENTS AND REVIEW.
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Amendment. Section 10-4 (G) 2 C of Ordinance No.9 N.S., is hereby
amended by adding subsection (3) thereto, to read as follows:
"(3) Subsequent to the submission of the Precise Plan to the Planning Commis-
sion but prior to the approval thereof, it shall be referred to the Board of
Adjustments and Review for its analysis and recommendations, pursuant to
the pertinent provisions of Section 11-1 of this ordinance."
Section 2. Amendment. Section 10-10 (H) of Ordinance No.9 N.S., is hereby
amended by adding subsection 12 thereto, to read as follows:
"(12) Subsequent to the submission of the Precise Plan to the Planning Commis-
sion, but prior to the approval thereof, it shall be referred to the Board of
Adjustments and Review for its analysis and recommendations, pursuant to the
pertinent provisions of Section 11-1 of this ordinance."
Section 3. Amendment. Section 11 of Ordinance 9 N.S. is hereby amended by
adding subsection (G) thereto, to read as follows:
"(G) The Planning Commission shall refer any Precise Plan to the Board of
Adjustments and Review for its analysis and recommendations, pursuant to
the pertinent provisions of Section 11-1 of this ordinance."
Section 2. Separability. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of the ordinance. The City Council of the
City of Tiburon hereby declare that it would have passed this ordinance, and each
section, subsection, clause or phrase thereof, irrespective of the fact that anyone
or more other sections, subsection, clauses or phrases may be declared invalid or
unconstitutional.
Section 3. Effective Date. This ordinance shall take effect and be in force
thirty days after the date of passage, and before the expiration of fifteen days
after its passage, the same shall be published, with the names of the members
voting for and against the same, at least once in a newspaper of general circulation
published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tiburon on May 24, 1976, by the following vote:
AYES:
COUNCILMEN: Aramburu, Edelstein, Ellman, Ross, Tayer
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
Mayor
ATTEST: /
Draft date: 5/9/75
Amended draft date: 4/21/76
Amended draft date: 5/6/76
First Reading passed: 5/10/76
ORDINANCE NO. 172 N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING
CHAPTER 14 OF THE TIBURON MUNICIPAL
CODE RELATING TO SUBDIVISIONS
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. Amendment. Section 14-1 of the Tiburon Municipal
Code is hereby amended to read as follows:
"Section 14-1. Definitions.
For the purposes of this chapter, the following words
and phrases shall have the meanings respectively ascribed
to them by this section:
General. Whenever any words or phrases used in thffi
chapter are not defined herein but are defined in the Sub-
division Map Act as last amended or in the zoning regula-
tions of the city, such definitions are incorporated herein
and shall be deemed to apply as though set forth in full in
this chapter, unless the context clearly indicates a con-
trary intention.
Alley. A street providing only secondary access to
abutting property.
Block. An area of land within a subdivision which is
entirely bounded by streets, highways, ways, except alleys
or the exterior boundaries of the subdivision.
City en~ineer. Any appropriately licensed firm or
individual h~red or designated by the city council as the
city engineer.
Collector street. A street, intermediate in importance
between a local street and a major street, which has the
purpose of collecting local traffic and carrying it to a
thoroughfare.
Cul-de-sac. A street open at one end only, and providing
at the other end special facilities for the turning around
of vehicular traffic.
Director of plannin~. The Director of Community Devel-
opment of the City of Ti uron.
Frontage road. A street adjacent to a thoroughfare or
parkway, separated therefrom by a dividing strip and pro-
viding access to abutting property.
General plan. The general plan of the city, and any
amendment thereto.
Draft date: 8/26/75
9/10/75
1.
Land sub;ect to inundation. Any stream bed or other
area considered as subject to flooding by the city engineer,
including any land below mean higher high water as desig-
nated by the U.S. Coast and Geodetic Survey.
Lot. A parcel or portion of land separated from other
parce~or portions by description as on a subdivision or
record of survey map, or by metes and bounds, for purpose
of sale, lease or separate use.
Minor residential street, local street, industrial
service street. A street intended wholly or principally for
local traffic or service to abutting property.
Practicing city planner. A licensed civil engineer or
an individual meeting the requirements of associate member-
ship in the American Institute of Planners.
\.
Standard specifications. Standard Subdivision Improve-
ment Plans and Specifications prepared by the city engineer
and approved by resolution of the city council.
Subdivider. A person, firm, corporation, partnership
or associate who proposes to divide, divides or causes to be
divided real property into a subd ivis ion fo r himself or for
others.
Subdivision. The division of any improved or unimproved
land, shown on the latest equalized county assessment roll as
a unit or as contiguous units, for the purpose of sale, lease,
financing or separate use, whether immediate or future, into
two or more lots. Property shall be considered as contiguous
units, even if it is separated by roads, streets, utility
easement or railroad rights-of-way. 'Subdivision' includes a
condominium project, as defined in Section 1350 of the Civil
Code or a community apartment project, as defined in Section
11004 of the Business and Professions Code. Any conveyance
of land to a governmental agency or public entity shall not
be considered a division of land for purposes of computing
the number of parcels."
Section 2. Amendment. Section 14-2 of the Tiburon Municipal
Code is hereby amended by adding thereto the following:
"This chapter is adopted to supplement and implement
the Subdivision Map Act, and may be cited as the 'Subdivision
Ordinance of the City of Tiburon'."
Section 3. Amendment. Section 14-3 of the Tiburon Municipal
Code is hereby amended by adding thereto the following paragraphs:
"A report as to conformity to the general plan, which
is required pursuant to Section 65402 of the Government Code
Draft date: 8/26/75
9/10/75
2.
as a result of a proposed division of land, may be included
as part of and at the same time as the action taken by the
advisory agency on such division of land.
Such report is not required for a proposed subdivision
which involves 1) the disposition of the remainder of a
larger parcel which was acquired and used in part for street
purposes; 2) acquisitions, disportions or abandonments for
street widening; or 3) alignment projects, provided that
the advisory agency expressly finds that any such disposition
for street purposes, acquisitions, dispositions, or abandon-
ments for street widening, or alignment projects is of a
minor nature."
Section 4. Amendment. Section 14-7 of the Tiburon Municipal
Code is hereby amended to read as follows:
"The Director of Planning shall stamp the date and the
time a subdivision map is received and shall be responsible
for design analysis and the expeditious processing of such
maps and prompt referral thereof to other governmental boards,
bureaus, and agencies and affected utility companies, both
public and private."
Section 5. Amendment. Section 14-9 of the Tiburon Municipal
Code is hereby amended to read as follows:
"Section 14-9. Advisory Agency.
The planning commission shall act as the 'advisory
agency' for tentative and parcel maps and is charged with
the duty of making investigations and reports on the de-
sign and improvement of proposed divisions of real prop-
erty and the conformance of such subdivisions with the
general plan and this chapter. The Planning Commission
shall have the authority to recommend the imposition of
requirements and conditions upon such div~ion of land,
and to recommend the approva~, conditional approval or
disapproval of such map and division of land. The Dir-
ector of Planning shall advise and assist in making
investigation and reports on such maps. The optimum
utilization of views and vistas shall be included as
design criteria. The planning commission shall report,
in writing its actions and recommendations concerning
the maps to the city council which shall act thereon and
report its action to the subdivider. The Board of Adjust-
ments shall copstitute the 'advisory agency' for minor
subdivision maps."
Section 6. Amendment. Section 14-11 of the Tiburon Municipal
Code is hereby amended to read as follows:
"Section 14-11. Same--other public agencies.
Since the provision of some public facilities and
utilities are vested in special districts and government
boards, bureaus or agencies and utlity companies, both
public and private, whose jurisdiction includes the city
and contiguous surrounding area and whose services will
Draft date: 8/26/75
9/10/75
3.
be required in those areas which are subdivided under
the regulations of this chapter, this chapter requires
the referral of all proposed subdivision maps to such
agencies for their information, action and written
report as an integral part of the subdivision process.
The director of planning shall coordinate the dissem-
ination of informations regarding the proposed subdiv-
ision of land and the planning commission shall consider
the written reports of the public agencies and shall
take into account the requirements of such groups in
recommending approval, conditional approval or disapproval
of the proposed subdivision."
Section 7. Amendment. Section 14-13 of the Tiburon Municipal
Code is hereby amended to read as follows:
"Section 14-13. Appeals.
The subdivider may appeal from any action of the
advisory agency with respect to a tentative map to the
City Council, as provided by Government Code Section
66452.5. Such appeal and the hearing thereon shall be
conducted in the manner provided by Government Code
Section 66452.5(a)."
Section 8. Amendment. Section 14-27 of the Tiburon Municipal
Code is hereby amended to read as follows:
"Section 14-27. Action of Planning Commission.
Within fifty days after the filing of a tentative
map of a subdivision, unless such time is extended by
agreement with the subdivider, the planning commission
shall act thereon. If the planning commission shall
find that the proposed map complies with the require-
ments of this chapter and the Subdivision Map Act, it
shall approve the map. If the planning commission shall
find that the proposed map does not meet the requirements
of this chapter and the Subdivision Map act, k shall
conditionally approve or disapprove such map."
Section 9. Amendment. Section 14-28 of the .Tiburon Municipal
Code is hereby amended to read as follows:
"Section 14-28. Action of City Council.
At the next regular meeting of the City Council
following the filing of the planning commission's report
with it, the City Council shall fix the meeting date at
which the tentative map will be considered by it, which
date shall be within 30 days thereafter and the City
Council shall approve, conditionally approve or disapprove
the tentative map within such 30-day period."
Section 10. Amendment. Section 14-28.1 is hereby added to
the '1 ~buron Mun~c1pal Code, to read as follows:
Draft date: 8/26/75
9/10/75
4.
"Section 14-28.1 Public hearing.
The Planning Commission and City Council shall
each hold a public hearing on the tentative map, and
notice thereof shall be given as provided in Section
66451.3 of the Subdivision Map Act, and, in addition,
by mailing post cards to all property owners within
three hundred feet of the exterior boundaries of the
real property, using the ownerships, names, and addresses
from the latest adopted tax roll. The failure of any
property owner to receive the notice shall not invalidate
the proceedings. At any such public hearing, any inter-
ested person may appear and shall be heard."
Section 11. Amendment. Section 14-29.1 is hereby added to
the Tiburon Municipal Code, to read as follows:
"Section 14-29.1. Expiration of tentative map approval.
(a) Expiration. The approval or conditional
approval of a tentative map shall expire eighteen months
from the date the map was approved or conditionally
approved.
(b) Extension. The person filing the tentative
map may request an extension of the tentative map approval
or conditional approval by written application to the
City Clerk, such application to be filed at least 60 days
before the approval or conditional approval is due to
expire. The application shall state the reasons for
requesting the extension. In granting an extension, new
conditions may be imposed and existing conditions may be
revised.
(c) Time Limit on Extensions. An extension or
extensions of tentative map. approval or conditional
approval shall not exceed an aggregate of two years.
(d) Effect of Map Modification on Extension.
Modification of a tentative map after approval or con-
ditional approval shall not extend the time limits
imposed by this section."
Section 12. Amendment. Section 14-30 of the Tiburon Munic-
ipal Code is hereby amended to read as follows:
"Section 14-30. Preparation; filing; filing fee.
Prior to the expiration of the tentative map of
a subdivision, the subdivider shall cause the subdivis-
ion of any part thereof to be surveyed and a final map
thereof prepared by a reg~stered civil engineer or
licensed surveyor, in conformity with the tentative
map as approved or conditionally approved and with the
requirements set forth in this article. Four blue line
or black line prints of the final map and such other
copies as may be required for checking and approval
Draft date: 8/,26/,75
Q,l()'7~
5.
shall be submitted to the city clerk, together with a
fee as established by resolution of the city council."
Section 13. Amendment. Section 14-34 of the Tiburon Munici-
pal Code is hereby amended to read as follows:
"Section 14-34. Security required.
(a) The subdivider shall file with the agreement
required by Section 14-33 security for the faithful
performance of the agreement, and for labor and materials;
in the manner provided for in Section 66999 of the Sub-
division Map Act.
(b) The improvement
security s a e ~n t e amount set orth or authorized
in Section 66499.3 of the Subdivision Map Act. If the
improvement security is other than cash, a bond or bonds
furnished by duly authorized corporate surety, an addit-
ional amount shall be included as determined by the City
Council as necessary to cover the cost and reasonable
expenses and fees, including reasonable attorneys' fees,
which may be incurred by the City in successfully enfor-
cing the obligation secured.
The improvement security shall also secure the
faithful performance of any changes or alterations in
the work to the extent that such changes or alterations
do not exceed ten (10) percent of the original estimated
cost of the improvement.
(c) Improvement securit
security required hereunder
following manner:
(1) Security given for faithful performance
of any act or agreement shall be released upon the
final completion and acceptance of the act or work
subject to the provisi~ns of subparagraph (2) here-
of.
(2) City Engineer may release a portion of
the security in conjunction with the acceptance of
the performance of the act or work as it progresses
upon application therefor by the subdivider; pro-
vided, however, that no such release shall be for
an amount less than 10 percent of the total improve-
ment security given for faithful performance of the
act or work and that the security shall not be re-
duced to an amount less than 50 percent of the total
improvement security given for faithful performance
until final completion and acceptance of the act or
work. In no event shall the City Engineer authorize
a release of the improvement security which would
reduce such security to an amount below that required
to guarantee the completion of the act or work and
any other obligation imposed by this ordinance, the
Subdivision Map Act or the improvement agreement.
Draft date: 8/26/75
9/10/75
6.
(3) Security given to secure payment to the
contractor, his subcontractors and to persons fur-
nishing labor, materials or equipment, may, six
months after the completion and acceptance of the
act or work, be reduced to an amount equal to the
amount of all claims therefor filed and of which
notice has been given to the legislative body,
plus an amount reasonably determined by the City
Engineer to be required to assure the performance
of any other obligations secured thereby. The bal-
ance of the security shall be released upon the
settlement of all such claims and obligations for
which the security was given.
(4) No security given for the guaranty or
warranty of work shall be released until the ex-
piration of the period thereof.
(d) In the event the subdivider shall fail to
complete all improvement work in accordance with the
provisions of this chapter and the improvement agree-
ment, and the city shall have to complete the same,
the city shall call on the surety for reimbursement or
shall appropriate, from any cash deposits, funds for
reimbursement. If the amount of surety bond or cash
deposit shall exceed all costs and expenses incurred
by the city, it shall release the remainder of such
bond or cash deposit, and if the amount of the surety
bond or cash deposit shall be less than the cost and
expense incurred by the city, the subdivider shall be
liable to the city for such difference.
(e) No progress payments from cash deposits, or
release of a surety bond or cash deposit, shall be
made except upon certification by the City Engineer
that work covered thereby has been satisfactorily com-
pleted."
Section 14. Amendment. Section 14-43 (d)(5) of the Tiburon
Munic~pal Code is hereby amended to read as follows:
"(5) When the rear of any lot borders any
street, the subdivider may be required to execute
and deliver to the City an instrument, deemed
sufficient by the City Attorney, prohibiting the
right of direct access to such street from the
property. In addition, a requirement may be im-
posed that any dedication or offer of dedication
of a street shall include a waiver of direct access
rights to such street from any property shown on a
final map as abutting thereon, and that if the
dedication is accepted such waiver shall become
effective in accordance with the provisions of the
waiver of direct access."
Section 15. Amendment. Section 14-50 (1) of the Tiburon
Municipal Code is hereby amended to read as follows:
(1) Exemptions. The provisions of this chapter
shall not apply to subdivisions containing less than
Draft date: 8/26/75
9/10/75
7 .
five (5) parcels and not used for residential purposes;
provided, however, that a condition may be placed on the
approval of such parcel map that if a building permit is
requested for construction of a residential structure or
structures on one or more of the parcels within four
years, the fee may be required to be paid by the owner
of each such parcel as a condition to the issuance of
such permit.
The provisions of this chapter also shall not apply
to industrial subdivisions; nor to condominium projects
which consist of the subdivision of airspace in an exis-
ting apartment building which is more than five years old
when no new dwelling units are added; nor to parcel maps
for a subdivision containing less than five (5) parcels
for a shopping center containing more than 300,000 square
feet of gross leasable area and no residential develop-
ment or uses."
Section 16. Amendment. Section 14-50 (m) of the Tiburon
MunicIpal Code is hereby deleted.
Section 16. Amendment. Section 14-50.1 is hereby added to
the Tiburon Municipal Code to read as follows:
"Section 14-50.1. School site dedications.
(a) Requirements. As a condition of approval of
final map, a subdivider who develops or completes the
development of one or more subdivisions within the
Reed Union School District shall dedicate to the school
district such lands as the Council shall deem to be
necessary to assure the residents of the subdivision
adequate elementary school service.
(b) Procedure. The requirement of dedication shall
be imposed at the time of approval of the tentative map.
If within thirty (30) days after the requirement of dedi-
cation is imposed by the city the Reed Union School Dis-
trict does not offer to enter into a binding commitment
with the subdivider to accept the dedication, the require-
ment shall be automatically terminated. The required
dedication may be made any time before, concurrently
with, or up to sixty (60) days after the filing of the
final map on any portion of the subdivision.
(c) pa ments to subdivider for school site dedication
The Reed Un~on Sc 00 D~str~ct sa, ~ ~t accepts t e
dedication, repay to the subdivider or his successors
the original cost to the subdivider of the dedicated land,
plus a sum equal to the total of the following amounts:
(1) the cost of any improvements to the
dedicated land since acquisition by the subdivider;
(2) the taxes assessed against the dedicated
land from the date of the school district's offer
to enter into the binding commitment to accept the
dedication;
Draft date: 8/26/75
9/10/75
8.
(3) Any other costs incurred by the sub-
divider in maintenance of such dedicated land,
including interest costs incurred on any loan
covering such land.
(d) Exemptions. The provisions of this chapter
shall not be applicable to a subdivider who has owned
the land being subdivided for more than ten (10) years
prior to the filing of the tentative maps."
Section 17. Amendment. Section 14-50.2 is hereby added to
the Tiburon Municipal Code, to read as follows:
"Section 14-50.2. Reservations.
(a) Requirements. As a condition of approval of
a map, the subdivider shall reserve sites, appropriate
in area and location, for parks, recreational facilities,
fire stations, libraries or other public uses according
to the standards and formula contained in this chapter.
(b) Standards and formula for reservation of land.
Where a park, recreational facility, fire station, library~
or other public use is shown on an adopted specific plan
or adopted general plan containing a community facilities
element, recreation and parks element and/or a public
building element, the subdivider may be required by the
City Council to reserve sites as so determined by the
city in accordance with the definite principles and stan-
dards contained in the above specific plan or general
plan. The reserved area must be of such size and shape
as to permit the balance of the property within which the
reservation is located to develop in an orderly and effici-
ent manner. The amount of land to be reserved shall not
make development of the remaining land held by the sub-
divider economically unfeasible. The reserved area shall
conform to the adopted specific plan or general plan and
shall be in such multiples of streets and parcels as to
permit an efficient division of the reserved area in the
event that it is not acquired within the prescribed period.
(c) Procedure. The public agency for whose benefit
an area has been reserved shall at the time of approval
of the final map or parcel map enter into a binding agree-
ment to acquire such reserved area within two years after
the completion and acceptance of all improvements, unless
such period of time is extended by mutual agreement.
(d) patment. The purchase price shall be the market
value the reo at the time of the filing of the tentative
map plus the taxes against such reserved area from the
date of the reservation and any other costs incurred by
the subdivider in the maintenance of such reserved area,
including interest costs incurred on any loan covering
such reserved area.
(e) Termination. If the public agency for whose
benefit an area has been reserved does not enter into
such a binding agreement, the reservation of such area
shall automatically terminate."
Draft date: 8/26/75
9/10/75
9.
Section 18. Amendment. Section 14-50.3 is hereby added
to the Tiburon Municipal Code, to read as follows:
otner
As a condition of approval of a final map, the
subdivider shall dedicate or make an irrevocable offer
of dedication of all parcels of land within the subdivisil
that are needed for streets, alleys, including access rig]
and abutters' rights, drainage, public utility easements,
and other public easements. In addition, the subdivider
shall improve or agree to improve all streets, alleys,
including access rights and abutters' rights, drainage,
public utility easements, and other public easements."
Section 19. Amendment. Section 14-50.4 is hereby added to thE
Tiburon Municpa1 Code to read as follows:
"Section 14-50.4. Bridge crossings and major thorough-
fares.
The purpose of this section is to make provision for
assessing and collecting fees as a condition of approval
of a final map or as a condition of issuing a building
permit for the purpose of defraying the actual or esti-
mated costs of constructing bridges or major thorough-
fares pursuant to Section 66484 of the Government Code."
Section 20. Amendment. Section 14-50.5 is hereby added to
the Tiburon Municipal Code, to read as follows:
"Section 14-50.5. Supplemental improvements: Reimburse-
ment agreements.
(a) Su Lemental im rovements re uired. The sub-
divider may e requ~re to ~nsta llllprovements for the
benefit of the subdivision Mhich may contain supplemental
size, capacity or number for the benefit of property not
within the subdivision as a condition precedent to the
approval of a subdivision or parcel map, and thereafter
to dedicate such improvements to the public. However,
the subdivider shall be reimbursed for that portion of
the cost of such improvements equal to the difference
between the amount it would have cost the subdivider to
install such improvements to serve the subdivision only
and the actual costs of such improvements pursuant to
the provisions of the Subdivision Map Act.
(b) Su
a reement-tuna~n rocedures. No charge, area orDenefit
or oca ene ~t istrict s all be established unless and
until a public hearing is held thereon by the City Coun-
cil and the City Council finds that the fee or charge and
the area of benefit or local benefit district is reason-
ably related to the cost of such supplemental improvements
and the actual ultimate beneficiaries thereof.
Draft date: 8/26/75
9/10/75
10.
In addition to published notice, written notice of
the hearing shall be given to the subdivider and to
those who own property within the proposed area of bene-
fit as shown on the latest equalized assessment roll,
and the potential users of the supplemental improvements
insofar as they can be ascertained at the time. Such
notices shall be mailed by the City Clerk at least ten
(10) days prior to the date established for hearing.
(c) Su lemental im rovements:
a~e, bridges an . malor t oroug ares. I t e City as
a opted a local dra~nage or sanitary sewer plan or map
as required for the imposition of fees therefor, or has
established an area of benefit for bridges or major thor-
oughfares as provided in this ordinance, the City may
impose a reasonable charge on property within the area
benefited and may provide for the collection of said
charge as set forth in this ordinance. The City may
enter into reimbursement agreements with a subdivider
who constructs said facilities, bridges or thoroughfares
and the charges collected by the City therefor may be
utilized to reimburse the subdivider as set forth herein.'
Section 21. Amendment. Section 14-53.1 is hereby added to
the Tiburon Municipal Code, to read as follows:
"Section 14-53.1. Soil reports.
(a) A soils report, prepared by a civil engineer
registered in this state and based upon adequate test
borings shall be submitted to the City Engineer for every
subdivision.
(b) A soils report may be waived by the City
Engineer providing he finds that due to the knowledge
the city has as to the soils qualitites of the soils in
the subdivision, no analysis is necessary.
(c) If the city has knowledge of, or the soils
report indicates, the presence of critically expansive
soils or other soils problems which, if not corrected,
would lead to any structural defects, a soils investi-
gation of each lot in the subdivision may be required
by the city engineer. Such soils investigation shall be
done by a civil engineer registered in this state, who
shall recommend the corrective action which is likely to
prevent structural damage to each structure proposed to
be constructed in the area where such soils problem exist~
The city may approve the subdivision or portion
thereof where such soils problems exist if it determines
that the recommended action is likely to prevent struc-
tural damage to each structure to be constructed and a
condition to the issuance of any building permit may
require that the approved recommended action be incor-
porated in the construction of each structure."
Draft date: 8/26/75
9/10/75
11.
Section 22. Amendment. Section 14-70 is hereby added to
the Tiburon Municipal Code, to read as follows:
"Section 14-70. Reversion to acreage.
(a) Reversions to acreage by final map. Sub-
divided property may be reverted to acreage pursuant
to provisions of this chapter.
(b) Initiation of ~roceedings by owners. Proceed-
ings to revert subdivide property to acreage may be
initiated by petition of all of the owners of record of
the property. The petition shall be in a form prescribed
by the director of planning. The petition shall contain
the information required by subsection (d) and such other
information as required by the director of planning.
(c) Initiation of proceedings by City Council.
The City Council, at the request of any person, or on its
own motion, may by resolution initiate proceedings to
revert property to acreage. The Council shall direct the
director of planning to obtain the necessary information
to initiate and conduct the proceedings.
(d) Data for reversion to acreage. Petitioners
shall file the following:
(1) Evidence of title to the real property;
and
(2) Evidence of the consent of all of the
owners of an interest(s) in the property; or
(3) Evidence that none of the improvements
required to be made have been made within two years
from the date the final map or parcel map was filed
for record, or within the time allowed by agreement
for completion of the improvements, whichever is
later; or
(4) Evidence that no lots shown on the final
or parcel map have been sold within five (5) years
from the date such final or parcel map was filed
for record.
(5) A tentative map in the form prescribed
by Sections 14-17, et seq.; or
(6) A final map in the form prescribed by
Sections 14-30, et seq., which delineates dedica-
tions which will not be vacated and dedications
required as a conditiion to reversion.
(e) Fees. Petitions to revert property to acreage
shall be accompanied by a fee of $100. If the proceedings
are initiated pursuant to subsection (c), the person or
persons who requested the City Council to initiate the
Draft date: 8/26/75
9/10/75
12.
proceedings shall pay a fee of $100. Fees are not
refundable.
(f) proceedin~s before the City Council. A public
hearing hearing sha 1 be held before the City Council on
all petitions for initiations for reversions to acreage.
Notice of the public hearing shall be given as provided
in Section 66451.3 of the Government Code. The director
of planning may give such other notice that he deems
necessary or advisable.
The City Council may approve a reversion to acreage
only if it finds and records in writing that:
(1) Dedications or offers of dedication to
be vacated or abandoned by the reversion to acreage
are unnecessary for present or prospective public
purposes; and
(2) Either:
a. All owners of an interest in the
real property within the subdivision have
consented to reversion; or
b. None of the improvements required
to be made have been made within two (2)
years from the date the final or parcel map
was filed for record, or within the time
allowed by agreement for completion of the
improvements, whichever is later; or
c. No lots shown on the final or parcel
map was filed for record.
The City Council may reguire as conditions of the
reversion:
(i) The owners dedicate or offer
to dedicate streets or easements.
(ii) The retention of all or a
portion of previously paid subdivision
fees, deposits or improvement securities
if the same are necessary to accomplish
any of the provisions of this chapter.
(g) Return of fees, deposits;
Except as
final map
all fees, and deposits shall be returned to the subdivider
and all improvement securities shall be released by the
City Council.
(h) Delivery of final map. After the hearing before
the City Council and approval of the reversion, the final
map shall be dilivered to the county recorder.
Draft date: 8/26/75
9/10/75
13.
(i) Effect of filin with the
county recor er. Revers~on s a e e ect~ve upon the
final map being filed for record by the county recorder.
Upon filing, all dedications and offers of dedication
not shown on the final map for reversion shall be of no
further force and effect."
Section 23. Amendment. Section 14-71 is hereby added to the
Tiburon Municipal Code, to read as follows:
"Section 14-71. Environmental impact and grading and
erosion control.
(a) Environmental impact. No parcel or tentative
map filed pursuant to the provisions of this chapter
shall be approved until an environmental impact analysis
is prepared, processed and considered in accordance with
the provisions of applicable law. The subdivider shall
provide such additional data and information and deposit
and pay such fees as may be required for the preparation
and processing of environmental review documents.
(b) Grading and erosion control. Every map approved
pursuant to this chapter shall be conditioned on compli-
ance with the requirements for grading and erosion control,
including the prevention of sedimentation or damage to
off-site property, as required by the City.
Section 24. Amendment. Section 14-75 is hereby added to the
Tiburon Municipal Code, to read as follows:
"Section 14-75. Parcel map procedures.
\.
(a) A parcel map shall be filed and recorded for
any subdivision for which a tentative and final map is
not required by the Subdivision Map Act.
Such maps shall meet all the requirements of the
Subdivision Map Act and of this cahpter and shall show
all dedications or offers of dedication thereon. The
Council may require that such dedications or offers of
dedication may be made by deed in lieu of or in addition
to appearing on the map.
(b) When a parcel map is required by this chapter,
a tentative parcel map shall first be filed with the
director of planning. Said map shall meet all the re-
quirements for tentative maps provided by the Subdivision
Map Act and this chapter.
(c) Notwithstanding the provisions of subsection
(a) of this section, no parcel map need be filed or
reccrded whenever the director of planning finds that
the proposed division of land meets all city requirements
as to (1) area, (2) improvement and design, (3) flood
water drainage control, (4) appropriate improved public
roads, (5) sanitary disposal facilities, (6) water
supply availability, (7) environmental protection,
Draft date: 8/26/75
9/10/75
14.
(8) all other requirements of the Subdivision Map
Act and any applicable provisions of this chapter,
and that the land has theretofore been legally sub-
divided.
To this end, the subdivider shall file a tentative
map, drawings and such other information on any of the
foregoing subjects as may be required by the director
of planning. Dedications or offers of dedication shall
be made by deed.
(d) Failure to File Parcel Map. Failure to file a
parcel map with the County Recorder within twelve (12)
months from the approval or conditional approval of such
map shall terminate all proceedings. Any subdivision of
the same land shall require the filing of a new map.
(e) Fees. The subdivider, at the time of submitting
the parcel map to the director of planning, shall pay
to the City a processing fee as established by resolution
of the City Council. In the event that a parcel map is
waived pursuant to subsection (c) of this section, the
same fee shall be payable at the time that the tentative
map referred to therein is filed.
Section 25. Separability. If any section, subsection, sen-
tence, clause or phrase of this ordinance is for any reason held
to be illvalid or unconstitutional by the decision of a court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the ordinance. The City Council of
the City of Tiburon hereby declares that it would have passed this
ordinance, and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that anyone or more other sections
subsections, sentences, clauses or phrases may be declared invalid
or unconstitutional.
Section 26. Effective Date. This ordinance shall take effect
and be in force thirty days after the date of passage, and before
the expiration of fifteen days after tts 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 City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon held on April12, , 1976, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen: Aramburu, Edelstein, Ross, Tayer
Councilmen: None
Counc ilmen: Ellman
(
lj , O~/
\--~~c. .. /</', /+-.~.
DONALD S. TAYER.
ayor of the C~ty ot T~buron
ATTEST:
Draft date: 8/26/75
9/10/75
15.
ORDINANCE NO.
171
N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.
9 N.S., THE ZONING ORDINANCE, BY RECONSTITUTING THE BOARD
OF ADJUSTMENT AND BOARD OF DESIGN REVIEW, AND AMENDING
CHAPTERS 14 AND l6A OF THE TIBURON ~1UNICIPAL CODE TO BE
CONSISTENT THEREWITH
The City Council of the City of Tiburon does ordain as
follows:
Section 1. Amendment.
Section 6-9.1 is hereby added to Ordinance No.9 N.S.,
to read as follows:
"6-9.1: Board: The Board of Adjustments and
Review. "
Section 2. Amendment.
Section 6-34 of Ordinance No.9 N.S., is hereby amended
by substituting "Board" for "Board of Design Review".
Section 3. Amendment.
Sections 11-1 E, F, G, and H of Ordinance No.9 N.S.,
are hereby amended by substituting "Board" for "Board of
Design Review" wherever the latter appears.
Section 4. Amendment.
Sections 17 and 18 of Ordinance no. 9 N.S., are hereby
amended by substituting "Board" for "Board of Adjustments"
wherever the latter appears.
Section 5. Amendment.
Section 19 of Ordinance No.9 N.S., is hereby amended
by substituting "Board" for "Board of Adjustments or Board
of Design Review" where the latter appears in the opening
Paragraph.
Section 6. Amendment.
Section 18 (E) of Ordinance No.9 N.S., is hereby
amended by deleting therefrom the word "either" from the
first line thereof.
Draft date: 12/15/75
03/08/76 1.
Section 7. Amendment.
Section 20 of Ordinance No.9 N.S., is hereby amended
to read as follows:
"Section 20: Board of Adjustment and Reviews:
A. A Board of Adjustment and Review is hereby
established, which Board shall have the following
duties, powers, and functions:
1. To hear and decide applications for use
permits;
2. To hear and decide applications for var-
iances from the provisions of the zoning ordinance;
3. To approve or disapprove, or to approve
subject to compliance with such modification or con-
ditions as it may deem necessary to carry out the
purposes of these regulations, the architectural
design and site plan of all proposed new structures
or improvements for which site plan and architectural
approval are required;
4. To hear and decide applications for signs
in accordance with applicable sign regulations.
5. To interpret the meaning of the zoning or-
dinances of the City of Tiburon when the meaning
thereof is not clear, and to require a legal opinion
of the City Attorney when deemed necessary or des-
irable;
6. To hear and decide appeals where it is
alleged that there is error in any order, require-
ments, decision or determination made by the City
Engineer, the Director of Community Development, or
the City Clerk in the administration of zoning and
building laws and regulations;
7. To adopt all rules and procedures necessary
or convenient for the conduct of its business.
8. To carry out the policies of the Planning
Commission.
B. The Board shall consist of seven members, one of
whom shall be a member of the Planning Commission,
and appointed by the Chairman of the Planning Commis-
sion, and six of whom shall be appointed by the Mayor
with the prior approval of the City Council. All
vacancies shall be filled by the appointing authority
for the unexpired terms of the member whose office
is vacant.
C. The term of office of the Planning Commission
member of the Board shall be determined by the Plan-
ning Co~mission. The term on the Board shall not
exceed his or her term as Planning Commissioner. The
terms of office of the other Board members shall be
Draft Date:
12/15/75
03/08/76
2 .
four years, except that the initial terms shall be
established in such a manner so as to result in
staggered terms of office.
D. The Planning Commission member of the Board shall
serve as chairman. The Chairman of the Planning Com-
mission shall appoint an alternate member of the
Commission who shall serve as chairman of the Board
in the absence of the chairman.
E. The Board shall adopt a regular schedule of
meetings and shall meet at least one time per month.
F. Any property owner desiring a permit, or site
plan and architectural approval, or a permit or appro-
val concerning any matter over which the Board has
jurisdiction shall file an application with the Secre-
tary of the Board or Director of Community Development.
Any such application shall be in such form and contain
such information as the Board may, from time to time,
require. The Board may initiate a proceeding leading
to the issurance of a permit."
Section 8. Amendment.
Section 21 of Ordinance No.9 N.S., is hereby amended by
substituting "Board" for "Board of Adjustments" wherever the
latter appears.
Section 9. Amendment.
Sections 27 (E) and (G) of Ordinance No.9 N.S., is hereby
amended by substituting "Board" for "Board of Adjustments"
where it appears in subparagraph 3 thereof.
Section 10. Amendment.
Chapters 14 and l6A of the Tiburon Municipal Code are here-
by amended by substituting "Board" for "Board of Adjustments"
wherever the latter appears.
Section 11.
Separability.
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid or uncon-
stitutional by the decision of a court of competent jurisdic-
tion, such decision shall not affect the validity of the remain-
ing portions of the ordinance.
The City Council of the City of
Tiburon hereby declares that it would have passed this ordinance,
and each section, subsection, sentence, clause or phrase thereof,
Draft Date:
12/15/75
03/08/76
3 .
irrespective of the fact that anyone or more other sections,
subsections, sentences, clauses or phrases may be declared
invalid or unconstitutional.
Section 12. Effective Date.
This ordinance shall take effect and be in force thirty
days after the date of passage, and before the expiration of
fifteen days after its passage, the same shall be published,
with the names of the members voting for and against the same,
at least once in a newspaper of general circulation published
in the City of Tiburon.
PASSED AND ADOPTED at a
regular
meeting of the
City Council of the City of Tiburon on
April 12th, 1976
by the following vote:
AYES:
COUNCILMEN: Edelstein, Aramburu, Ross, Tayer
NOES:
COUNC ILMEN: None
ABSENT:
COUNC ILMEN: Ellman
A -----) /'
/ / --~
'7---:~/<- c cL -' c/ . ./ ,/,~;/ ~
DON TAYER ~
Mayor of the City of Tiburon
ATTEST:
R\:Jn~j-("r 1,_ KT",t<: 11\.II-,'h"I' r-j ~ M...."'..,,........~ 'Clerk
Draft Date: 12/15/75
03/08/76
4 .
ORDINANCE NO. 170 N.S.
AN ORDINANCE OF THE CITY OF TIBURON RELATING TO
RESIDENTIAL DEVELOPMENT REVIEW
The City Council of the City of Tiburon does ordain as follows:
Residential Development Review
Section 1. Findings.
The Tiburon City Council hereby finds
and determines:
(a) The County of Marin has adopted a comprehensive General Plan
which is an approach to resolution of the extraordinary complexities of
suburban growth. The City of Tiburon has also adopted a General Plan de-
signed to provide for orderly growth within its boundaries. Co-ordinated
and cooperative efforts by the County of Marin and its cities are required
in order to implement the growth objectives of their respective General
Plans.
(b) Unregulated, capricious development in both incorporated and
unincorporated areas, has in the past, caused, and unless controlled in the
future, will cause severe and irremediable injury to the City of Tiburon,
to Marin County and their environment in that:
(1) It has resulted in a severe shortage of housing for
citizens of low and moderate income and sorely limited
the economic heterogeneity of the population.
(2) It has wastefully compelled construction of public
facilities on a crisis basis.
(3) It has sorely overtaxed municipal service districts
resulting in numerous water and sewerage moratoriums.
1.
Draft Date: 3/17/76
Amended: 4/12/76
(4) It has occasioned costs to the taxpayers
far in excess of tax gains.
(5) It has engendered public skepticism con-
concerning the abili ty of local and County governments
to protect Marin's environment adequately.
(c) Standard zoning regulations alone cannot provide the
delicate types of development review procedures which will
ensure a high level of environmental protection, construction
of lOw and moderate cost housing, sequential orderly develop-
ment and other goals set forth in the Tiburon General Plan and
County-wide General Plan.
(d) There exist within Marin, logical and readily
identifiable planning areas, which include both incorporated
and unincorporated areas, but which must be precisely regulated
by joint action of the County and the affected cities to in-
sure coordinated compliance with their respective General
Plans.
(e) At the present time in Marin, there are numerous
inadequate water and sewerage systems.' serious over-crowding
on public transit facilities, extensive highway congestion,
severe flooding and seismic hazards of indeterminate scope,
all of which sorely limit the ability of the County and
cities to accommodate unpaced burgeoning growth.
(f) The County, numerous cities, and special districts
are diligently endeavoring to alleviate the serious problems
set forth in sub-section (3) above, and will be able to
resolve them only, when essential, if growth can be properly
and effectively staged in a manner which will not overextend
existing community facilities and allow some respite to
bring deficient services up to necessary standards.
Draft Date: 3/17/76
Amended 4/12/76
2 .
(g) It would be highly detrimental to the welfare of
Marin County and its environs to exclude, intentionally or
inadvertently, minority, poor or aged citizens from the gen-
eral populace of Marin County. The only effective means to
prevent such exclusion is the provision of ample low and
moderate income housing. Significant federal subsidies are
presently unavailable and traditional zoning has been in-
effective in this regard. Although Marin is actively engaged
in numerous efforts to encourage and compel construction of
low and moderate cost housing, only through development re-
view, one of the principal purposes of which is achievement
of this objective, is there any likelihood of securing such
housing.
(h) The public welfare requires the establishment of
Residential Development Review Boards to accomplish the
following:
(1) Provide significant incentives which will
encourage developers to include low and moderate in-
come housing in their undertakings.
(2) Prevent premature development in the absence
of necessary utilities and municipal services.
(3) Insure that development will not exceed the
environmental holding capacity of the specified land
and the County generally.
(4) Coordinate City and County planning and land
regulation in a manner consistent with the County-wide
plan and local city general plans.
(5) Facilitate and implement the realization of
general plan goals which cannot be accomplished by
zoning alone, principally in connection with low and
moderate cost housing.
Draft Date: 3/17/76
3.
(6) Direct growth in a manner which will insure
a proper relationship to community needs and capabilities.
(7) Encourage and facilitate development pro-
posals which accomplish the objectives of the County-
wide General Plan and the respective city general plans.
Section 2. Creation of Review Area. Pursuant to the
provisions of Chapter 22.96 of the Marin County Code, the
Marin County BOard of Supervisors has, by resolution, de-
clared its intention to establish a residential development
review area encompassing a portion of Southern Marin County,
consisting of the Cities of Belvedere, Mill Valley, Sausalito,
and Tiburon, and environs, and the unincorporated communities
of Marin City, Strawberry and Homestead Valley. The Tiburon
Planning Commission has conducted public hearings on said
proposal and by Resolution has made recommendations to the
Tiburon City Council.
Pursuant to said action of the Marin County Board of
Supervisors, the entire incorporated area of the City of
Tiburon is hereby designated as a residential development
review area which shall be subject to the restrictions of
this Chapter, contingent upon like action by the Marin
County Board of Supervisors and the City Council of each of
the aforementioned cities. The City of Tiburon shall enter
into a joint powers agreement with the County of Marin and
the other affected cities, providing for the administration
of these provisions within the total residential development
review area.
Section 3. Exemptions. Except for a single-family
residence on a lot legally in existence before the effective
date of the establishment of a residential development review
Draft Date:
3/17/76
4.
area, or for projects of up to ten (10) units as specified
in the Joint Powers Agreement which are within in-filling
areas designated in said agreement by the County in unin-
corporated areas or by the City of jurisdiction in incorporated
areas and which are consistent with adopted local plans and
zoning ordinances, no building permit shall be issued for
residential construction, including mobile homes, within
said area, unless said construction has been approved by the
Residential Development Review Board.
Section 4. Residential Development Review Board. A
Residential Development Review Board shall be created for
the residential development review area. The Review Board
shall be constituted in the manner set forth in the joint
powers agreement authorized by Section 2, provided that the
terms of members thereof shall not exceed one (1) year.
Section 5. Meetings. The Board shall meet three (3)
times each year, at four-month intervals, upon such dates as
may be specified in the joint powers agreement.
Section 6. Development Proposals. The Board shall con-
sider any residential development proposal which has been
finally approved by the County or City of jurisdiction at
the next Board meeting following approval, provided approval
was at least three (3) weeks prior to the meeting, unless the
applicant requests a delay. Such a request shall be filed at
lease three (3) weeks prior to the scheduled date upon which
the Review Board will meet. Proposals not approved by the
Review Board shall be reconsidered at the next meeting of the
Review Board, unless the applicant requests a delay, up to a
maximum of two (2) times for automatic reconsideration of
each proposal.
Draft Date:
3/17/76
5.
Section 7. Staff. The planning staffs of the County
and cities shall serve as the staff of the Board and shall pro-
vide necessary services in accordance with the joint powers
agreement between the parties. In the discharge of its duties
hereunder, said staff shall consult with all involved Utility
Districts on a regular basis.
Section 8. Rating. A:ll proposals shall be preliminarily
rated by the Review Board's staff in accordance with the cri-
teria set forth in Section 10. The developer shall be furnished
with a copy of said rating and any supporting data at the time
the project receives final approval.
Section 9. Hearings. The Review Board shall conduct a
separate hearing on each proposal for which approval is re-
quested. The sole issue at said hearing shall be the rating
of the project. The Board shall have no authority to dis-
approve, or remand an application.
All hearings shall be public. The developer and all
interested persons shall be entitled to appear, testify and
present evidence.
At the conclusion of the hearing, the Board shall render
a decision rating the project on the basis of each criterion
set forth in Section 10.
Section 10. Criteria. The following criteria shall be
used to rate projects:
SUMMARY TABLE
Maximum
Points
Total
Allocated
Points
I. Provisions for Low and
Moderate Income Housing
30
II. Environmental Quality
30
III. Facilities
Grand Total
40
100
Draft Date:
3/17/76
6.
These criteria shall be calculated strictly in accord-
ance with the amplificiation of criteria contained in the
joint powers agreement.
If the project involves the division of land only, it
shall be rated solely in accordance with criteria for environ-
mental impacts and utilities and public services. For the pur-
poses of comparing such projects with actual development
proposals, the raw score shall be multiplied by a factor which
would make possible a total score of 100 for the final rating.
Section 11. Approvals. When all rating hearings are
completed, the Review Board shall determine, solely on the
basis of numerical ratings, and the number of units to be
allowed in accordance with Section 12, which projects are
eligible for approval.
Section 12. Construction Time Limit. Except in cases
involving phased development or bare land, construction of
each structure must actually commence within two years follow-
ing issuance of an approval by the Review Board, otherwise
said approval shall be null and void.
Section 13. Number of Approvals: Each year, the Board
of Supervisors and City Councils (or their delegate members,
subject to ratification by each body) shall meet in joint
session on a date specified in accordance with procedures con-
tained in the joint powers agreement to determine the number
of residential units which can be approved during the sub-
sequent year.
These determinations shall be based upon:
(a) The County-wide and applicable local General Plans.
(b) The number of units approved and constructed in
prior years.
(c) Availability of utilities and public services.
Draft Date: 3/17/76
7 .
(d) The goals, purposes and objectives contained in
Section 1.
(e) The current availability of low and moderate cost
housing.
Reprsentatives of all Utility Districts and companies
located within the review area shall be invited to said meet-
ing and may participate in the deliberations in all respects
except voting.
The allocation of units for each four-month period shall
be specified at the time the annual number is set. If the
number of approved units falls below the four-month alloca-
tion for one session, the difference shall be carried over
to the next four-month allocation, until the final session
of the year.
Section 14. Staged Projects. If a developer so requests,
theproject may be considered in segments. If the segments
are interdependent, the Review Board may approve the entire
plan subject to the requirement that a limited number of
units will be constructed each year. .Amendments to staged
projects shall be processed as new applications, provided
that if anamendment is not approved by the Review Board, the
originally approved plan shall remain valid, unless local
time limits are exceeded.
Section 15. Mandatory Approval. If the number of
units in projects pending for action by the Board is less
than the number of units to be allowed pursuant to Section
13, the Board shall issue approvals for all of such units.
Section 16. Judicial Review. Any legal action to
challenge any decision, procedure, approval or denial of
the Residential Development Review Board must be filed in a
court of competent jurisdiction within 30 days after the
Draft Date: 3/17/76
8.
action challenged.
Section 17.
Separability.
If any section, subsection,
sentence, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional by the decision
of a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of the
ordinance. The City Council of the City of Tiburon hereby
declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more other sections,
subsections, sentences, clauses or phrases may be declared
invalid or unconstitutional.
Section 18.
Effective Date.
This ordinance shall
take effect and be in force thirty days after the date of
passage, and before the expiration of fifteen days after its
passage, the same shall be published, with the names of the
members voting for and against the same, at least once in a
newspaper of general circulation published in the City of
Tiburon.
PASSED AND ADOPTED at a
regular
meeting of
Apri 1
the City Council of the City of Tiburon held on
12th, 1976,
by the following vote:
AYES:
COUNCILMEN: Aramburu, Edelstein, Ross, Tayer
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Ellman
~ ~ d_
~'~/7~- .'
~ \ , <' y -c-
DON~D S. TAYER /
~ ~ Mayor of the City of Tiburon
R. L. KLEINERT, City Manager/Clerk
Draft Date: 3/17/76
Amended: 4/12/76
9 .
ORDINANCE NO. 169
~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON
REZONING CERTAIN PROPERTY DESCRIBED BELOW FROM R-l TO
R-2 IN THE CITY OF TIBURON
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Amendment to the Zoning Map.
The Zoning Map of the City of Tiburon is amended by changing the
following described property from the R-l zone (single family residential)
to R-2 (two family residential).
That certain real property situated in the County of Marin, State of
California, described as follows:
Assessor's Parcels Nos. 59-201-32, 33 and 39.
Section 2. Separability.
If any section, provision, sentence, clause or phrase of this ordi-
nance is, for any reason, declared to be invalid, such decision shall not
affect the validity of the remaining sections, sentences, clauses or phrases
of this ordinance, it being the intent of the City Council of the City of
Tiburon that this ordinance shall stand notwithstanding the invalidity of
such section, sentence, clause or phrase.
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty days after
the date of passage, and before the expiration of fifteen days after its
passage the same be published, with the names of the members voting for and
against the same, at least once in a newspaper of general circulation, pub-
lished in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on February 9, 1976, by the following vote:
AYE S :
COUNCILMEN: Aramburu, Ellman, Littman, Tayer
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMAN: Ross
. '.I (-
L "/ )
/ . . ... /..~ I}' I . /
I ~ !f'~ k / I _. ..;. C;'JC-.7-, /
..../ EORGE' Et N
Mayor of the City of Tiburon
ATTEST:
R.L. KLEI~ERT, City Manager/Clerk
Draft Date: 12/3/75
Amended: 1/22/76
ORDINANCE NO.
168
N.S.
AN ORDINANCE OF THE CITY OF TIBURON APPROVING MASTER
PLAN FOR DEVELOPMENT OF ASSESSOR'S PARCEL 58-132-18.
Section 1. Findings.
1. A. N. Littman, C. R. Littman and A. J. Littman have
heretofore submitted a "Master Plan for Development of
Assessor's Pracel No. 58-132-18" for the purpose of develop-
ing said parcel into three lots as more particularly described
in said Plan. The size of the parcel is 1.75 acres; it is
zoned RPD-2.
2. A negative declaration has been filed for the project.
The Tiburon Planning Commission reviewed an environmental
assessment prepared by staff and found that project would not
have a significant effect on the environment. The City Council
also so finds.
3. The Planning Commission, after a duly noticed public
hearing, adopted Planning Commission Resolution No. 191,
approving the Master Plan and imposing certain conditions.
4. The City Council, after duly ~oticed public hearing,
has considered and reviewed the Master Plan.
5. The City Council finds:
(a) The density sought in the
proposed development is less than the maximum which may be
permi tted and is adequat.ely compensated for by the surrounding
open areas;
(b) The proposed arrangement of residential units
and the circulation system provide for an adequate transition,
and are compatible with, adjoining development and open space;
(c) Maximum effort has been made to minimize grading and to
maximize retention and preservation of natural elevations and
features as required by Sec. 10-4(F)3 of the Zoning Ordinance;
(d) The plan is consistent with public welfare and convenience
and the Open Space Plan and other elements and objectives of the
Draft Date: 1/26/76
Amended: 1st Readi~g 1/26/76
1.
General Plan.
Section 2. Master Plan Approval.
The Master Plan described as: Text consisting of five pages dated
November~ 1975, and Maps
Exhibits A and B
is hereby approved
subject to the conditions set forth in Section 3.
Section 3. Conditions.
1. Applicant shall comply with applicable subdivision regulations.
2. All drainage improvements for the development shall be consistent
with the Tiburon Master Drainage Plan (1974) as revised. Drainage for the
roadway shall be approved by the City Engineer prior to approval of the
tentative map.
3. All utilities serving the development shall be underground.
4. The proposed roadway access shall be of such width, and improved
to such standards, as may be directed by the City Engineer. It shall be
dedicated to the public. The City Council reserves the option to accept
or reject said offer of dedication at the time the Final Subdivision Map
is considered.
5. A turn-around for the proposed lots shall be provided in such
manner as may be approved by the City Engineer. A common driveway may be
permitted to serve areas located beyond the turn-around.
6. No structure shall be erected in the development until the same
have received site plan and architectural approval.
7. Applicants shall make provision for an easement for a pedestrian
trail across Assessor's Parcel No. 58-121-03 in order to provide for access
to adjacent open space owned by the City.
Draft Date: 1/26/76
Amended first reading: 1/26/76
2.
Section 4. Effective Date.
This ordinance shall take effect and be in force thirty days
after its passage and before the expiration of fifteen days
after its passage, the same shall be published, with the names
of the members voting for and against the same, at least once
in a newspaper of general circulation published in the Ci ty of
Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on
February 9th
, 1976, by
the following vote:
AYES:
COUNCILMEN: ARAMBURU, ELLMAN, TAYER
NOES: COUNCILMEN:
ABSENT: COUNC ILMEN: ROSS
ABSTAINED: COUNCILMEN: LITTMAN
(.// () // /
I., / I (- /;1
di~~GE':'<v~a:;~N, (~~ibr ~:/ 7/ ~~-1-1/
City of Tiburon
ATTEST:
Draft Date: 1/26/76
Amended at 1st Reiding 1/26/76 3.
ORDINANCE NO. 167
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE
NO.9 N.S. BY ADOPTING PREZONING OF CERTAIN PROPERTY
TO THE PD ZONE EFFECTIVE UPON ANNEXATION TO THE CITY OF
TIBURON
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Adoption of Prezoning.
Ordinance No.9 N.S., the Zoning Ordinance of the City of Tiburon is
hereby amended by adopting prezoning of the following described property to
the PD Zone effective upon annexation to the City of Tiburon.
That certain real property situated in the County of Marin, State of
California, described as follows:
Marine Minerals Fish Center (former Net Depot) located at 3150 Para-
dise Drive, consisting of approximately 45 acres in Tiburon, California,
the boundaries of which are generally shown on Exhibit "A".
Section 2. Separability.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by the
decision of a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance. The City
Council of the City of Tiburon hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase thereof, irres-
pective of the fact that anyone or more other sections, clause or phrases
may be declared invalid or unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty days after
the date of passage, and before the expiration of fifteen days after its
passage, the same shall be published, with the names of the members voting
for and against the same, at least once in a newspaper of general circu-
lation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on February 9th, 1976, by the following vote:
AYES:
COUNCILMEN: Aramburu, Ellman, Littman, Tayer
NOE S :
COUNCILMEN: None
ABSENT:
COUNCILMEN: Ross
- 1 -
ATTEST:
R. -.....-.
Draft Date: 1/12/75
Amended: 2/3/76
- 2 -
/ , /' ..
[ __'j' (" l
/ - ~' / /
" ~/,,( <~~;f;~ EL~ ( /l/{(,IC
Mayor of the City of Tiburon
ORDINANCE NO.~N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 13,
"BUILDING REGULATIONS", OF THE TIBURON CITY CODE, BY
ADOPTING THE NATIONAL ELECTRIC CODE, 1975 CODE:
The City Council of the City of Tiburon does hereby ordain as follows:
follows:
SECTION 1. Section 13-14 of the City Code is hereby amended to read as
"Section ~3-l4. ELECTRICAL CODE The Electrical Code of the City shall
be the National Electrical Code, 1975 edition as published by the National Board
of Fire Underwriters."
SECTION 2. PENALTIES: Any person, firm or corporation violating any
of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and
each person shall be deemed guilty of a separate offence for each and every day
or portion thereof during which any violation of any of the provision of this ordi-
nance is committed, continued, or permitted, and upon conviction of any such vio-
lations such person shall be punishable by a fine of not more than $500.00 or by
imprisonment in the County Jail for not more than six (6) months, or by both such
fine and imprisonment. Any building or structure erected or maintained and any
work commenced or continued in violation of this ordinance shall be, and is hereby
declared unlawful and a public nuisance, and the City Attorney on the direction of
the City Council shall institute necessary legal proceeding$ for the abatement,
removal or enjoinment thereof in the manner provided in the respective codes re-
ferred to in this ordinance.
SECTION 3. VALIDITY. If any section, subsection, or sentence or phrase
of this ordinance is for any reason held to be unconstitutional or otherwise invalid,
such decisions shall not affect the validity of the remaining portions of the ordi-
nance. The City Council of the City of Tiburon hereby declares that it would have
passed this ordinance and each section, sub-section, sentence, clause and phrase
thereof, irrespective of the fact that anyone or more sections, sub-sections,
sentences, clauses or phrases be declared invalid.
SECTION 4. REPEAL. All ordinances or parts of ordinances in conflict
herewith, to the extent of such inconsistency, are hereby repealed.
SECTION 5. EFFECTIVE DATE: This ordinance shall take effect and be in
force at the expiration of thirty (30) days from and 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
the Ark, adjudged to be a newspaper of general circulation published in the City
of Tiburon.
The foregoing ordinance was passed and adopted at an Adjourned Meeting
of the City Council of the City of Tiburon on the 25th day of November, 1975,
by the following vote:
AYES:
COUNCILMEN: Aramburu, Ellman, Littman, Ross, Tayer
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
ge Ellman
City of Tiburon
Mayor of
ATTEST:
Rob
Draft date: 9/18/75
l65N.S.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER
18 OF THE TIBURON MUNICPAL CODE BY PROVIDING FOR THE
PROMULGATION OF PARK REGULATIONS
follows:
The City Council of the City of Tiburon does hereby ordain as
Section 1. Amendment. Section 18-1 of Chapter 18 of the
Tiburon Municipal Code is amended to read as follows:
"The City Manager is hereby authorized and directed to promulgate
such rules and regulations as in his discretion he deems proper
to regulate and govern the use, operation, control and main-
tenance of those parks and recreational lands under the control
of the City. Any such rule or regulation shall be promptly
transmitted to the City Council and to the Parks and Recreation
Commission and shall be effective 30 (thirty) days after
promulgation, unless the City Council disapproves such rule
or regulation within that period."
Section 2. Amendment. Section 18-4 is added to Chapter 18
of the Tiburon Municipal Code to read as follows:
"It shall be unlawful to violate any rule or regulation adopted
pursuant to this Chapter."
Section 3. Separability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of
the ordinance. The City Council of the City of Tiburon hereby declares
that it would have passed this ordinance, and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any
one 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 day;-aft~its passage, and before the expiration
of fifteen days after its passage, the same shall be published, with the
names of the members voting for and against the same, at least once in a
newspaper of general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on November 10, 1975, by the following vote:
AYES:
Councilmen: Ararnburu, Ross ,Li ttrnan Ellman
NOES:
Councilmen: None
ABSENT:
Councilmen: Tayer
ATTEST~~<MaYOr
R.L. KLEINERT, City Manager/Clerk
Tiburon
Draft Date: 10/25/74
Amended at 1st rdg. 10/27/75
ORDINANCE NO. 164 N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ARTICLE III
OF TITLE IV, CHAPTER l5 OF THE TIBURON MUNICIPAL CODE BY
REVISING THE HEARING PROCEDURES CONLAINED THEREIN
The City Council of the City of Tiburon does ordain as follows:
Section 1. Amendment. Sections l5-l8 through 15-26 of the Tiburon Municipal
Code are hereby amended to read as follows:
"Sec. l5-l8. Complaint.
An aggrieved property owner who desires to take advantage of the
provisions of this article shall file with the City Clerk a written
report stating with particularity that the view from his property
or sunlight reaching his property is being unreasonably obstructed
by the growth of one or more trees on property other than his, and
that efforts on his part to alleviate the problem after contact
with the owner of the property concerned, and the appropriate home-
owner's association in the area, have not been successful. He
shall also deposit a non-refundable fee of fifty dollars with the
City to cover the costs as prescribed by the Board of Adjustments
and the Planning Commission.
Sec. 15-19. Notification of property owners.
The Director of Community Development shall request a written report
from the Homeowner's Association and give at least fifteen days notice
of the hearing by publication and by mailing postcards to all property
owners within three hundred feet of the exterior boundaries of subject
property on which the trees are located, and to such other owners as
in his discretion might be materially affected, including the parties,
using the ownerships, names and addresses from the last-adopted tax
roll. The notice shall state the name of the aggrieved property owner,
the name of the owner of the trees and their location and the time and
place of the hearing, and shall request written comments prior to the
hearing. The failure of any property owner to receive the notice shall
not invalidate the proceedings. The Board of Adjustments shall hold a
hearing on the report within sixty (60) days after it is filed.
Sec. 15-20. Findings of the Board.
Prior to rendering a decision, the Board sqall find all of the following
facts to be true:
(a) That the view from or the sunlight reaching the real
property of the complaining party is unreasonably ob-
structed.
(b) That such obstruction materially decreases the enjoy-
ment of the real property of the complaining party.
(c) That correction of the obstruction in the manner to be
determined by the Board will not substantially decrease
the enjoyment of the real property on which the tree is
located.
(d) That the manner of correction of the obstruction deter-
mined by the Board would be reasonable and would not impose
a materially adverse effect on the property on which the
trees are located.
- 1 -
Revised: 7/28/75
Amended: 8/11/75
Amended: 9/ 8/75
9/22/75
Sec. 15-21. Hearing and decision.
At the hearing, each party may be represented by counsel of his
choice and may present such evidence as he deems necessary.
Following the hearing, the Board shall r~er its decision and
shall so advise the parties, in wri ting. It shall" in its decision,
determine the specific manner in which the obstruction is to be
corrected, that is, by topping, trimming, etc., or in cases in
which no other reasonable remedy exists, by removal. The decision
shall include the Board's finding as to the manner in which the
view or sunlight of the complaining owner is obstructed. The
decision of the Board shall not become final until the expiration
of the appeal period set forth in section 15-23. The hearing may
be continued from time to time, within the discretion of the Board.
Sec. 15-22. Allocation of costs.
The Board may require that the owner of the land on which the
tree exists pay up to fifty percent (50%) of the costs of such
modifications as finally recommended.
Sec. 15-23. Appeal to Planning Commission.
Any party adversely affected by the decision of the Board may
file a written notice of appeal with the City Clerk within thirty
days after the decision of the Board. The Planning Commission
shall thereupon fix a time and place for hearing the appeal and
shall give at least fifteen days notice of the hearing to all
parties involved. The Planning Commission shall hear such evi-
dence as the parties may present and shall consider the findings
and decision of the Board. The Planning Commission, whose decision
shall be final, shall have the right to affirm, reverse or modify
the decision of the Board and shall have the right to continue the
hearing from time to time.
Sec. 15-24. Remedies.
Upon the expiration of thirty days after notification of the final
decision of the Board of Adjustments or the Planning Commission,
as the case may be, requiring the correction of the obstruction, it
shall be unlawful for the owner of the property on which the tree
is located not to comply with the determination requiring correction
of the obstruction, and such person shall be deemed guilty of a
separate offense for each and every day, during which such deter-
mination is nut complied with. Any person willfully violating any
of the provisions of this article shall be guilty of a misdemeanor
and upon conviction thereof shall be punishable by a fine of not
more than three hundred dollars. In addition, the maintenance of
the property without having corrected the obstruction following
said final decision shall constitute a public nuisance."
Section 2. Separability. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance. The City Council
of the City of Tiburon hereby declares that it would have passed this ordinance,
and each section, subsection, clause or phrase thereof, irrespective of the fact
that anyone or more other sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitututional.
Section 3. Effective Date. This ordinance shall take effect and be in force
thirty days after the date of passage, and before the expiration of fifteen (15)
Amended: 8/11/75
- 2 -
days after its passage, the same shall be published, with the names of the
members voting for an against the same, at least once in a newspaper of
general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on September 22nd _, 1975, by the following vote:
AYES:
COUNCILMEN: Aramburu, Ellman, Littman, Ross
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Tayer
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/~EOR~E ~LL~N ,< .
Mayor of the City of Tiburon
ATTEST:
Draft Date:
Revised:
Revised:
Revised:
Amended:
1/30/75
6/25/75
7/2/75
7/28/75
8/11/75
9/22/75
(first reading)
(amended & adopted)
- 3 -
ORDINANCE NO.
163
N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION
23-2 OF THE TIBURON MUNICIPAL CODE BY REGULATING PARKING
ON NARROW STREETS
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. Amendment. Subsection (6) of Section 23-2 of
the Tiburon Municipal Code is hereby amended to read as follows:
" (6)
Section 10.9 is amended to read as follows:
'Section 10.9. Parking on Narrow Streets.
'Every person who parks a vehicle on any street shall
so park the vehicle as to leave a space of at least 12
feet of unimpaired roadway to the side of the vehicle ex-
posed to traffic for an unimpaired distance of 12 feet
to the front and 12 feet to the rear of such space.
Provided, however, that where a painted centerline exists
on any street, no vehicle shall be parked within 9 feet
of such centerline.' "
Section 2. Separability. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of a court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. The City
Council of the City of Tiburon hereby declares that it would have
passed this ordinance, and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that anyone
or more other sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
Section 3. Effective Date. Thi$ ordinance shall take
effect and be in force thirty days after its passage and before
the expiration of fifteen days after its passage, the same shall
be published, with the names of the members voting for and against
the same, at least once in a newspaper of general circulation pub-
lished in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on September 8th , 1975, by the
following vote:
AYES: Councilmen: Aramburu, Ellman, Ross
NOES: Councilmen: Tayer
ABSENT: Councilmen: None
ABSTAINED: Councilmen:
./ ;
Littman. } //
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1... . '.",,' .-'r.-",- ( ! :' 'L, /?'~"l, "..
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GEORGE lELLl ,. Mc1yor .
City of: Tiburon
R.
Draft draft:
8/6/75
8/18/75
ORDINANCE liO. 162 N. S .
AN ORDINANCE OF THE CITY OF TIBURON AMENDING
SECTION 2lC TO DELETE THE WORD "HEIGHT":
AMENDING SECTION 6-69 TO REWORD THE DEFINITION
OF "USABLE OPEN SPACE"; AND AMENDING SECTION
10-7.l(D), REGARDING CONDOMINIUM PERMITS.
The City Council of the City of Tiburon hereby ordains as follows:
Section 1. Amendment.
Section 2lC is hereby amended to Ordinance No.9 N.S., the Tiburon
Zoning Ordinance to read as follows:
"Section 2lC Yard, Hei~nt: and Area Requirements:
The provisions for required front, rear and side yards and requirements
for bQigbt the area applicable to the particular zone in which any use is pro-
posed to be located shall prevail, unless, in the findings and conditions
recited in the resolution dealing with each such matter, specific additional
requirements are made with respect thereto.
Section 2. Amendment.
Section 6-69 of Ordinance No.9 N.S., the Tiburon Zoning Ordinance,
is hereby amended to read as follows:
"6-69: Usable Open Space: That required, relatively level portion of
a lot at ground level, including decking, unoccupied by principal or accessory
buildings, and available to all occupants of a building or dwel~ing; this
space of minimum prescribed dimension
shall be unobstructed to the sky and shall not be devoted to driveways, parking
eiiffs, gradients of greater than 10%, or other surfaces or uses obstructing
leisurely outdoor recreational use of the space."
Section 3. Amendment.
Section 10-7.l(D) of Ordinance No.9 N.S., the Tiburon Zoning Ordi-
nance, is hereby amended to read as follows:
"(D) Procedure Governing Condominium Permits:
The procedure governing condolninium permits shall be as provided in
Sections 18 and 21 of the Zoning Ordinance for use permits. Provided, however,
that wherever the words 'Board' or 'Board of Adjustments' appear, there shall
be substituted 'Commission' or 'Planning Commission', respectively. Provided
further, that all variances sought in relation to condominium permits shall be
acted upon by the Planning Commission, and shall not be heard by the Board of
Adjustments. Provided further that in the case of a condominium permit for
conversion, the application shall contain a list of the names of all tenants
and lessees of the existing structure, together with a verified statement that
notice of the filing of the application has been given to each such tenant and
lessee by prepaid U.S. mail. Each application shall be deemed to provide
authorization for inspections of the building and site by the Commission and
by City Staff."
Section 4. Separability.
If any section, subsection, sentence, clause or phrase of this ordi-
nance is for any reason held to be invalid or unconstitutional by the decision
of a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. The City Council of the
- 1 -
Draft Date: 4/2/75
5/8/75
5/30/75
7/28/75
8/11/75
(passed first reading)
(adopted as amended)
City of Tiburon hereby declares that it would have passed this ordinance,
and each section, subsection, sentence, clause or phrase thereof, irres-
pective of the fact that anyone or more other sections, subsections,
sentences, clauses or phrases may be declared invalid or unconstitutional.
Section 5. Effective Date.
This ordinance shall take effect and be in force thirty days after
the date of passage, and before the expiration of fifteen days after its
passage, the same shall be published, with the names of the members voting
for and against the same, at least once in a newspaper of general circu-
lation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on August 11th , 1975, by the following vote:
AYES:
Councilmen: Ellman, Littman, Ross, Tayer
NOES:
Councilmen: None
ABSENT:
Councilmen: Aramburu
( 1
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i .. GEOR~ ELLMAN
Mayor of the City of Tiburon
R.
- 2 -
Draft date: 4/2/75
5/8/75
5/30/75
7/28/75 (passed first reading)
8/11/75 (adopted as amended)
ORDINANCE NO. 161
N.S.
AN ORDINANCE OF THE CITY OF TIBURON APPROVING THE MASTER
PLAN FOR THE CAHN/LEWIS PROJECT
The City Council of the City of Tiburon does ordain as
follows:
Section 1. Findings:
A. Leonard Cahn and David Lewis have submitted a Master
Plan for development of 29.4 acres of land located in the RPD-l
and RPD-2 zones at the end of Avenida Miraflores; and
B. On May 12, 1975, the Tiburon City Council certified
that the final EIR for the subject Master Plan was complete by
adopting Resolution No. 722; and
C. The Planning Commission of the City of Tiburon has
held a public hearing to consider all arguments both for and against
said proposal; and
D. The Planning Commission has reviewed the Master Plan
and finds that the submission is consistent with the adopted Open
Space Element of the Tiburon General Plan; and
E. The Planning Commission of the City of Tiburon has
recommended that the City Council approve the said Master Plan
subject to the conditions of approval of Planning Commission Reso-
~btion No. 173; and
F. The City Council has, after public hearing, considered
and reviewed the Master Plan.
G. The City Council has made affirmative findings consistent
with the standards required in Section 10-4(F) of the Tiburon Zoning
Ordinance 9 N.S. dealing with RPD 1/2 for Residential Planned Develop-
ment and Open Space Zones, as follows:
a. The density sought in the proposed development is com-
pensated for by surrounding areas.
b. The proposed arrangement of residential units and design
of the circulation system provides for an adequate transition and
-1-
and maximum compatibility with adjoining patterns of development
and open space.
c. Maximum effort has been made to minimize grading and
maximize retention and preservation of natural elevations, ridge-
lands and natural features, including lands too steep for develop-
ment, geologically unstable areas, wooded canyons, areas containing
significant native flora and fauna, rock outcroppings, view sites,
areas suitable for active or quiet recreation, watersheds and water-
courses. Ridgelines have been preserved through siting and building
controls to minimize visual impact and to allow access along corridors.
d. The plan will be desirable to the public convenience and
welfare and wLll be in harmony with the Open Space, and other Ele-
ments and objectives of the Tiburon General Plan.
Section 2. Approval of Master Plan. The City Council of
the City of Tiburon does hereby approve and adopt the Master Plan
attached to this Ordinance as Exhibit "A" and the accompanying text,
dated June 3, 1975, revised June 24, 1975, further revised July 28,
1975, subject to the following conditions:
A. That prior to issuance of a building permit a Precise
Plan shall be submitted for the entire proposed development as
specified in Section 1-4 (G)2 of the Tiburon Zoning Ordinance.
B. That prior to issuance of a btlilding permit, a tentative
Subdivision Map shall be submitted in accordance with the require-
ments of the City Engineer, for the entire area covered by the
Master Plan.
C. That the proposed development shall be subject to Site
Plan and Architectural Approval in accordance with Section 11-1 of
the Tiburon Zoning Ordinance.
D. That the drainage improvements to serve the development
shall be consistent with the Tiburon Master Drainage Plan of 1974,
as revised, and, in particular, that the drainage improvements be
designed and financed by the developer in such a manner so that all
surface water will be transported from Rock Hill Subwatershed A
to Rock Hill Subwatershed B and thereafter be transported to the
-2-
publi.c ri9"ht-of-way ~n ROCk Hill Road to an outfall in Richard-
son Bay. All drainage improvements shall be approved by the City
Engineer and the improvements for Phase II, which shall include
all units which drain into the Rock Hill watershed, will be delayed
until the storm drain design is completed and installed or bonded.
E. That all utilities in the proposed development be under-
ground, and that the existing overhead utility poles between Fran-
cisco Vista Court and the terminus of Avenida Miraflores be removed
and the utility lines be placed underground.
Section 3. Separability. If any section, subsection, sen-
tence, clause or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of a court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the ordinance. The City Council of
the City of Tiburon hereby declares that it would have passed this
ordinance, and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that anyone or more other
sections, subsections, sentences, clauses or phrases may be de-
clared invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall take effect
and be in force thirty days after the date of passage, and before
the expiration of fifteen days after its passage, the same shall be
published, with the names of the members voting for and against
the same, at least once in a newspaper of general circulation pub-
lished in the City of Tiburon.
PASSED AND ADOPTED at a- regular:~ meeting of the City Council
of the City of Tiburon on July 28, 1975 by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT:COUNCILMEN:
Aramburu, Ross, Tayer, Ellman, Littman
None
None
--",,'/-
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/
GEORGEtlL. ELLMAN
Mayor of the City
- r'.._ .../~// .' //.)
I;
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of Tiburon
AT7<<!~l7 -
R.L. KLEINERT, City Manager/Clerk
Draft Date: 6/18/75
6/24/75
-3-
It
,,/
ORDINANCE NO.
160
N.S.
AN ORDINANCE OF THE CITY OF TIBURON AHENDING CHAPTER
14A OF THE TIBURON MUNICIPAL CODE BY ADDING THERETO
THE ESTABLISHMEHT OF DRAINAGE FEES FOR THE BELVERON,
MlRAFLORES, AND ROCK HILL WATERSHEDS.
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. Amendment. Chapter l4A of the Tiburon Muni-
cipal Code is hereby amended by adding thereto Sections l4A-4.l,
14A-4.2, and 14A4.3, to read as follows:
"Section 14A-4.1. Belveron Watershed..
(a) Local drainage area designated. A drainage
area to be designated as the Belveron Watershed is hereby
created to consist of all of the territory shown on the
local.drainage plan. and map (composed of one or more parts)
entitled Tiburon Drainage Master Plan 1974, prepared by
Bala &Strandgaard, Civil and Structual Engineers, designated
therein as the "Belveron Watershed", which is on file with
the city clerk.
(b) Cost. The estimated total cost of constructing
the local drainage facilities required by the plan for
the Belveron Watershed is the sum of one hundred seventy-
two thousand five hundred twenty-five dollars.
(c) Future charges. All future subdivisions, or
divisions of land hot defined as a subdivision, within
the Belveron Watershed shall be charged a drainage fee
at the rate of five hundred seventy-nine dollars per acre.
In the case of subdivisions or other divisions containing
five or more lots, ~uch drainage. fee shall be paid by the
subdivider to the city on or before the approval of the
final map of such subdivision, or the payment thereof
shall be guaranteed in the manner satisfactory to the
city. In the case of subdivisions or other divisions
containing less than five lots, such drainage fee shall
be paid by the. subdivider to the city prior to the record-
ing of the final parcel map, or the payment thereof shall
be guaranteed in a manner satisfactory to the city. Prior
to the issuance of any building permit for 90nstruction on
a parcel of undeveloped property which is not a part of a
subdivision for which a drainage fee has already been paid,
there shall be paid to the city a drainage fee at the rate
of five hundred seventy-nine dollars per. acre; provided,
that for any such parcel containing less than one acre,
such drainage fee shall be prorated, but in no event to be
less than two hundred eighty-nine dollars and fifty cents.
The drainage charges imposed by this section shall be in
addition to all other charges to be made against the sub-
division or parcel of property for street improvements or
other purposes.
Section l4A-4.2. Miraflores Watershed.
(a) Local drainage area designated. A drainage area
Draft date:
Amended:
2/4/75
3/12/75
1.
Draft date:
Amended:
to be designated as the Miraflores Watershed is hereby
created to consist of all of the territory shown on the
local drainage plan and map (composed of one or more
parts) entitled Tiburon Drainage Master Plan 1974 prepared
by Bala & Strandgaard, Civil and Structural Engineers,
designated therein as the "Miraflores Watershed," which
is on file with the city clerk.
(b) Cost. The estimated cost of constructing the
local drainage facilities required by the plan for the
Miraflores Watershed is the sum of fifty seven thousand
six hundred sixty dollars.
(c) Future charges. All future subdivisions within
the Miraflores Watershed shall be charged a drainage fee
at the rate of four hundred forty-seven dollars per acre.
In the case of subdivisions or other divisions containing
five or more lots, such drainage fee shall be paid by
the subdivider to the city on or before the approval of
the final map of such subdivision, or the payment thereof
shall be guaranteed in a manner satisfactory to the city.
In the case of subdivisions or other divisions containing
less than five lots, such drainage fee shall be paid by
the subdivider to the city prior to the recording of the
final property map, or the payment thereof shall be
guaranteed in a manner satisfactory to the city. Prior
to the issuance of any building permit for construction
on a parcel of undeveloped property which is not part oa
a subdivision for which a drainage fee has already been
paid, there shall be paid to the city a drainage fee at
the rate of four hundred forty-seven dollars per acre;
provided, that for any such parcel containing less than
one acre, such drainage fee shall be prorated, but in no
event to be less than two hundred twenty-three dollars and
fifty cents. The drainage charges imposed by this section
shall be in addition to all other charges to be made
against the subdivision or parcel of property for street
improvements or other purposes.
Section l4A-4.3. Rock Hill Watershed.
(a) Local drainage area designated. A drainage area
to be designated as the Rock Hill Watershed is hereby
created to consist of all of the territory shown on the
local drainage plan and map (composed of one or more parts)
entitled Tiburon Drainage Master Plan 1974 prepared by
Bala & Strandgaard, Civil and Structural Engineers, des-
ignated therein as the "Rock Hill Watershed," which is on
file with the city clerk.
(b) Cost. The estimated cost of constructing the local
drainage facilities required by the plan for the Rock Hill
Watershed is the sum of sixty nine thousand four hundred
thirty-nine dollars.
(c) Future charges. All future subdivisions within
the Rock Hill Watershed shall be charged a drainage fee at
the rate of two hundred seventY-nine dollars per acre. In
the case of subdivisions or other divisions containing five
or more lots, such drainage fee shall be paid by the sub-
divider to the city on or before the approval of the final
2/4/75
3/12/75
2.
map of such subdivision, or the payment thereof shall
be guaranteed in a manner satisfactory to the city. In
the case of subdivisions or other divisions containing
less than five lots, such drainage fee shall be paid
by the subdivider to the city prior to the recording of
the final property map, or the payment thereof shall be
guaranteed in a manner satisfactory to the city. Prior
to the issuance of any building permit for construction
on a parcel of undeveloped property which is not part of
a subdivision for which .a drainage fee has already been
paid, there shall be paid to the city a drainage fee at
the rate of one hundred seventy-four dollars per acre;
provided, that for any such parcel containing less than
one acre, such drainage fee shall be prorated, but in no
event to be less than eighty-seven dollars. The drain-
age charges imposed by this section shall be in addition
to all other charges to be made against the subdivision
or pancel of property for street improvements or other
purposes. II
Section 2. Separability. If any section, subsection,
sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by the decision of a court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. The City
Council of the City of Tiburon hereby declares that it would have
passed this Ordinance, and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that anyone
or more other sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
Section 3. Effective Date. This Ordinance shall take
effect and be in force thirty days after its passage, and
before the expiration of fifteen days after its passage, the
same shall be published, with the names of the members voting
for and against the same, at least once in a newspaper of general
circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon on June 23rd , 1975, by the
following vote:
AYES:
Councilmen: Aramburu, Ellman, Ross,
NOES:
Councilmen: Littman
ABSENT:
Councilmen: Tayer
~~~
GEORGE ELLMAN
MayorVof the City of Tiburon
Draft date:
Amended:
2/4/75
3/12/75
3.