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HomeMy WebLinkAboutTC Ord 1978 - 1980 ORDINANCE NO. 222 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PELLEGRINELLI MASTER PLAN WHEREAS, Marino Pellegrinelli has submitted a Master Plan for the development of approximately 10 acres of land off Paradise Drive in the Town of Tiburon; and WHEREAS, said Master Plan is more particularly described and is hereby defined as fo 11 ows : a) Map entitled Master Plan - Pellegrinelli property, A.P. #38-141-03, Job No. 78236 by Edward Beattie, revised 6-25-79. b) Master Plan text consisting of a statement of concepts and general data cunsisting of 3 pages. WHEREAS, the Planning Commission has required that a focused Environmental Impact Report be prepared to assess the environmental impact of the project; and WHEREAS, the Planning Commission has held duly noticed public hearings for the purpose of reviewing said application and receiving comments and recommendations from the public and has recommended approval of the Master Plan; and WHEREAS, the Town Council (Council) has certified that the focused Environmental Impact Report is in compliance with C.E.Q.A., State and local guidelines and has revie~"ed and considered the information contained in the Environmental Impact Report prior to approval of the Master Plan for the project; and WHEREAS, the Council has held a duly noticed public hearing for the purpose of reviewing the Master Plan and the recommendations of the Commission and to receive comments and recommendations from the public; and WHEREAS, the Council finds that the facts presented establish that the require- ments of Subsection 1 through 5 of Section 10-4 of the Tiburon Zoning Ordinance have been satisfied; and WHEREAS, the Council has considered that the Master Plan as amended and conditioned herein conforms to the To',\m's General Plan as well as other applicable regulations; . NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: the Master Plan is hereby approved upon the following ter~s and conditions and as modified herein: 1) The applicant shall submit a Precise Plan in compliance with Section 10-4 H-2 and Section 27-2 as required by the Zoning Ordinance. 2) The applicant shall comply with all applicable subdivision regulations. 3) Applicant shall comply with all appropriate mitigation measures as contained in the final Environmental Impact Report on pages 32, 39, 54 and 55, 62 and 63, 79 and 100, for the Pellegrinelli land division dated September 19, 1979, prepared by Del Davis Associates, Inc. 4) All utilities shall be guaranteed by the serving district or company in writing prior to the recordation of the final map. 5) Applicant shall offer for dedication to the Town of Tiburon the roadway proposed on the property to the intersection of the driveways to parcels 2 and 4. The Town mayor may not elect to accept such offer at some future date. 6) All utilities serving the development shall be underground. 7) The applicant shall provide in writing information to the satisfaction of the Town Engineer and the Tiburon Fire Protection District that sufficient water supply exists or can be provided which will meet the standards of the Marin Municipal Water District and the Tiburon Fire Protection District. Both the Tiburon Town Engineer and the Tiburon Fire Protection District shall communicate their storage, pressure and flow requirements in writing to the Planning Commission before it considers the applicant's Precise Plan. \ \ -2- 8) Applicant shall submit all proposed deed and title restrictions to the Department of Community Development for review and approval by the Town Attorney prior to the filing of the Final Map. All areas proposed for permanent open space shall be satisfactorily guaranteed as open space in perpetuity. 9) No structure shall be erected in the development until same has received a site plan and architect~ual approval in compliance with the appropriate sections of the Tiburon Zoning Ordinance. 10) The applicant offer for dedication to the .Town of Tiburon a pedestrian easement not to exceed 20' in width from Paradise Drive to the northwest boundary of the property. The easement shall follow the proposed roadway to the open space area. The exact location and width of the easement shall be determined during the Precise Plan review. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 20 , 1980, by the following vote: AYES: COUNCILMEMBERS: Edelstein, Bass, Hanson, Rockey NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: Draft date: 2/1/80 Revised: 2/28/80 ORDINANCE NO. 221 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE NORWITT/BRADY MASTER PLAN WHEREAS, Barbara Norwitt and H. Brady have submitted a Master Plan for development of approximately 1.9 acres of land off Roundhill Road in the Town of Tiburon, and WHEREAS, said Master Plan is more particularly described, and is hereby defined as follows: A) Map entitled Precise Plan IIReed Parkll by Arthur J. Lang, dated March 30, 1973 B) Master Plan text in letter from Branwell Fanning, dated October 24, 1978, additional letter stamped "Received September 29, 197811; and WHEREAS, The Planning Commission has required that a focused Environmental Impact Report be prepared to assess the environmental impact of the project; and WHEREAS, the Planning Commission (Commission) has held duly noticed Public Hearings for the purpose of reviewing said application and receiving comment and recommendations from the public and has recommended approval of the Master Plan; and WHEREAS, the Town Council (Council) has certified that the focused Environmental Impact Report is in compliance with C.E.Q.A., State and local guidelines and has reviewed and considered the information contained in the Environmental Impact Report prior to approval of the Master Plan for the project; and WHEREAS, The Council has held a duly noticed Public Hearing for the purpose of reviewing the ~aster Plan and the recommendations from the public; and WHEREAS, the Council finds that the facts presented establish that the requirements of Subsection 1 through 5 of Section 10-4 of the Tiburon Zoning Ordinance have been satisfied; and WHEREAS, the Council has considered approving a lesser number of lots than that proposed in the Master Plan and upon reflection finds a lesser number appropriate; and WHEREAS, the Council finds that the Master Plan as amended and conditioned herein conforms to the Town's General Plan as well as other applicable regulations; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburon, as follows: The Master Plan is hereby approved for 5 or 6 units, the exact number and location to be determined at the time and in the course of the Precise Plan approval, upon the following terms and conditions and as modified herein: a) The applicant shall submit a Precise Plan in compliance with Section 10-4 H-2 and Section 27-2 as required by the Zoning Ordinance. b) Applicant shall comply with all applicable subdivision regulations. c) Applicant shall comply with all appropriate mitigation measures as contained in the final Environmental Impact Report for the Reed Park Subdivision Master Plan, dated September 12, 1979, prepared by Madrone Associates, including the relocation of the access roadwayapproximate1y 30' south of the location shown on the map. The final location to be as approved by the Town Engineer. \. -2- d) All utilities serving the development shall be underground. e) All utilities shall be guaranteed by the serving company in writing prior to the recordation of the final map. Applicant shall offer for dedication to the Town of Tiburon the applicant's interest in existing roadway easements to the property. The Town mayor may not elect to accept such offers at some future date. . f) The applicant offer the appropriate pedestrian easement to be precisely determined during the Precise Plan stage from the proposed roadway to the Reed School Open Space adjacent to the property. g) Applicant shall submit all proposed deed and title restrictions to the Department of Community Development for review and approval by the Town Attorney prior to the filing of the final map. h) No structure shall be erected in the development until the same has received a site plan and architectural approval in compliance with the appropriate sections of the Tiburon Zoning Ordinance. i) The applicant shall obtain a variance for the parcels approved by the Master Plan in excess of 4 parcels. PASSED AND ADOPTED, at a regular meeting of the Town Council of the Town of Tiburon on February 6, 1980, by the following vote: AYES: COUNCILMEN: Bergsund, Hanson, Edelstein, Bass NOES: COUNCILMEN: Rockey ABSENT: COUNCILMEN: None i \ IV"\' f tI. , I /fj/vU rUj/-t qiUA/Z1 ~~__ JOAN;' BERGSUND, jMayor Town of Tiburon ATTEST: ROB~~er/Clerk Town of Tiburon Drafted: Revised: 12/28/79 1/11/80 \ \ ORDINANCE NO.221 N.S. AN ORDINANCE OF THE TOvffi COUNCIL OF THE TOWN OF TIBURON APPROVING THE NORWITT/BRADY MASTER P L]4,N ~1.HEREAS, Barbara Norwitt and H. Brady have submitted a Haster Plan for development of approximately 1.9 acres of land off Roundhill Road in the Town of Tiburon, and WHEREAS, said Master Plan is more particularly described, and is hereby defined as follows: A) Map enti tIed Precise Plan "Reed Park" by Arthur LJ. Lang, dated March 30, 1973. B) Master Plan text in letter from Branwell Fanning, dated October 24, 1978, additional letter stamped "Received September 29, 1978", and WHEREAS, the Planning Commission has required that a focused Environmental Impact Report be prepared to assess the en- vironmental impact of the project; and WHEREAS, the Planning Commission (Commission)' has held duly noticed Public Hearings for the purpose of reviewing said application and receiving comment and recommendations from the public and has recommended approval of the Master Plan, and WHEREAS, the Town Council (Council) has certified that the focused Environmental Impact Report is in compliance with C.E.Q.A., State and local guidelines and has reviewed and considered the information contained in the Evnironmental Impact Report prior to approval of the Master Plan for the project; and WHEREAS, Council has held a duly noticed Public Hearing for the purposed of reviewing the Master Plan and the recommendations of the Commission and to receive comments and recommendations from the public; and WHEREAS, the Council finds that the facts presented establish that the r~quirements of Subsection 1 through 5 of Section 10-4 of the Tiburon Zoning Ordinance have been satisfied; and WHEREAS, the Council has considered approving a lesser number of lots than that proposed in the Master Plan and upon reflection finds a lesser number appropriate; and WHEREAS, the Council finds that the Master Plan as amended and conditioned herein conforms to the Town's General Plan as well as other applicable regulations; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburo~ as follows: The Master Plan is hereby approved for 5 or 6 units, the exact number and location to be determined at the time and in the course of the Precise Plan approval, upon the following terms and conditions and as nodified herein: a) The applicant shall submit a Precise Plan in compliance with Section 10-4 B-2 and Section 27-2, as required by the Zoning Ordinance. b) Applicant shall comply with all applicable subdivision regulations. c) Applicant shall comply with all appropriate mitigation measures as contained in the final Environmental Impact Report for the Reed Park Subdivision Master Plan, dated September 12, 1979, prepared by Madrone Associates, including the relocation of the access roadway approximately 30' sou,th of the location shown on the map. The final location to be as approved by the Town Engineer. d) All utilities serving the development shall be underground. e) All utilities shall be guaranteed by the serving district or company in writing prior to the recordation of the final map. Applicant shall offer for dedication to the Town of Tiburon the applicant's interest in existing roadway easements to the pro?erty. The Town mayor may not elect to accept such offers at some future date. f) The applicant offer the appropriate pedestrian easement to be precisely deter~ined during the Precise Plan stage from the proposed roadway to the Reed School Open Space adjacent to the property. g) Applicant shall su~nit all proposed deed and title res-trictions to the ~epartment of Community Development for review and approval by the Town Attorney prior to the filing of the final map. h) No structure shall be erected in the development until the same has received a site plan and architectural approval in compliance with the appropriate sections of the Tiburon Zoning Ordinance. i) The applicant shall obtain a variance for the parcels approved by the Master Plan in excess of 4 parcels. PASSED AND ADOPTED at a regular meeting of the Town Council on February 6, 1980, by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bergsund, Hanson, Edelstein, Bass Rockey tTone (1 / ~/./)'./ '1 " ._) _ / '.. ,(l- a /1- .tt 't;;, ,~?~ ,~:t' t-- JOA]>l BERGSUND" 1ayor Town of Tiburon ATTEST: Drafted: Revised: 12/28/79 01/11/80 ORDINANCE NO. 220 N.S. AN ORDINANCE OF THE TOT^TN CnUNCIL OF THE TOWN OF TIBURON ADOPTING BY REFERENCE THE MARIN COUNTY ANIMAL CONTROL CODE The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. Sections 20-1 throllgh 20-25 inclusive of Chapter 20 of the Tiburon Municipal Code are hereby repealed and new Sections 20-1 and 20-2 enacted as follows: "Section 20-1. Adoption of County Code. Pursuant to Section 50022.9 of the Government Code, the ~1arin County Animal Control Code, set forth in Title 8 of the Marin Connty Code as Chapter 0.04, 8.08 and 8.12, hereby is adopted by reference and is in full force and effect within the Town of Tiburon. Section 20-2. Penalty for Violations. Any person violating within the Town of Tiburon any of the provisions of Section 8.04.180, 8.04.181, 8.04.240, 8.04.245, 8.04.246, 8.08.010, 8.08.020, 3.12.010, and 8.12.020, of the Animal Control Code hereby adopted is guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding five hundred dollars, by imprisonment not exceeding five months, or by both such fine and imprisonment. Any person violating within Tiburon any other provisions of the Code hereby adopted is guilty of an infraction and upon conviction thereof shall be punished by a fine of not more than fifty dollars for the first offense and for a second or subsequent offense by a fine of not more than one hundred dollars.1I PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 19 ,1979, by the following vote: AYES: COUNCILMEN: Bergsund, Bass, Rockey NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Hanson, Edelstein , '") ") / /La }v fG . !~)t J7.C~lJ. t/!/.,C JOA 'R. BERGSUND, ~ OR AGER/CLERK DRAFTED: 10/12/79 ORDINANCE NO. 219 N.S. AN ORDINANCE OF THE TOWN OF TIBURON APPROVING THE NORTHWESTERN PACIFIC MASTER PLAN BE IT ORDAINED BY THE TO~m COUNCIL OF THE TO~m OF TIBURON AS FOLLOWS: Section 1. Findings. The Town Council of the Town of Tiburon makes the following findings: 1. The NORTHWESTERN PACIFIC RAILRAOD COMPANY, acting through its representative, the SOUTHERN PACIFIC DEVELOPMENT COMPANY, (Applicant), has heretofore submitted a Master Plan for the develop- ment of approximately 38 acres of land owned by it in the downtown area of the Town. 2. The Master Plan is described and defined as follows: (a) Map entitled, "Downtown Tiburon M.aster Plan", by Fisher-Friedman Associates dated 28 September 1979; (b) Reduced copy of the Master Plan Map marked Exhibit "A" dated September 28, 1979; (c) Reduced copy of the Master Plan M.ap marked Exhibit "B" dated September 28, 1979; (d) Master Plan text in letter form from Southern Pacific Development Company dated October 17, 1979, revised, consisting of 15 pages. 3. The Planning Commission (Commission) held a duly noticed public hearing, involving numerous public sessions, for the purpose of reviewing said aQPlication and receiving comment and recommendations from the public. 4. Following the public hearing the Commission adopted Resolution No. 278 wherein it recommended approval of the Master Plan subject to certain conditions. 5. The Town Council (Council) has held a duly noticed public hearing, involving numerous public sessions, for the purpose of reviewing the Master Plan, and the recommendations of the Commis- sion, and to receive comments and recommendations from the public. 6. The Council finds that the facts presented establish that the requirements of Subsection (a) throught (h) of the ~ 10-10 (E) of the Tiburon Zoning Ordinance have been satisfied. Draft Date: 11/5/79 Revised Draft: 11/7/79 Revised: 11/7/79 -1- 7. The Council finds that the Master Plan, as herein amended, and subject to the conditions herein imposed, conforms to the Town's Downtown and General Plan, as well as with other applicable regulations. 8. The Council has reviewed the EIR and Supplements thereto which was certified by Council Resolution No. 990. 9. The Council has reviewed the Downtown Plan and care- fully weighed the policies regarding density. 10. The Council has considered approving a lesser density than that proposed but, upon reflection, finds and determines that the Plan, as submitted, and as herein modified, and subject to the conditions herein imposed, proposes uses that are most desirable and the least problem-causing. Section 2. Approval of Master Plan. The Master Plan is hereby approved subject to the following terms and conditions: 1. A traffic engineer shall be promptly retained by the Town, at Applicant's expense, for the purpose of rendering an opinion, by a date which is not more than sixty (60) days after the date of his retention, as to whether, upon completion of the Master Plan build out, and taking into consideration other anticipated development to be com- pleted at that time, the level of service for traffic on Tiburon Boulevard, and its intersections, will exceed level "c" during normal peak hour conditions except at Trestle Glen, and at Trestle Glen the level of service will exceed level "D". In the event the traffic engineer establishes that such levels will be exceeded, then no grading or other permits shall issue until such time as such improvements are made, or assured to the satisfaction of the Town, as may be adopted and required at the Precise Plan stage. 2. The uses and densities described at Paragraph 1 of the Master Plan Text (Text) are generally accepted at this time, provided, however, that in the event the Town determines, based upon additional information relating to traffic and other potential problems that may be created by the project, that, in order to sustain findings that the proposed uses are the most desirable and the least problem-causing, it is necessary to reduce the square footage assigned by the Text to Commercial, the Town may, at the time it acts on the Precise Plan, reduce the maximum Commercial space from 68,480 square feet to 40,000 square feet or less; and may further distribute the commercial square footage or footprints as it deems reasonable among other uses. If any of the proposed 68,480 square feet of Commercial space is redistributed to other uses, the number of parking spaces now assigned by the Text may be held in reserve pending a determination by the Town, at the -2- Precise Plan stage as to the final number of parking spaces that shall be provided. 3. Paragraph 2 of the Text is amended to read as follows: "2. Subject to the provisions of Paragraph 1, the non-residential square footage shall be allocated as follows: 30-45% retail commercial, and a minimum of 55-70% to office. The total non-residential square footage shall not exceed 68,480 square feet. It is intended that the retail space shall be reserved for occupancy by resident-serving businesses, and Appli- cant shall make every reasonable effort to lease the retail space to businesses which would probably draw the bulk of their customers from the residents of the Tiburon Peninsula, rather than from tourists." 4. Paragraph 3c of the Text is amended to read as follows: "3c. Offer appropriate utility easements required for the project to the agencies concerned. In the event the alignment of the SASM outfall sewer line is established prior to the approval of the Precise Plan, Applicant shall offer the appropriate easements to SASM." 5. The second sentence of Paragraph 3d of the Text is amended to read as follows: "Such offer will not include any streets serving groups of residences which would remain in private ownership." 6. Paragraph 3n (1) of the Text is amended to read as follows: "3n (1). Participate in a cost-sharing arrange- ment to provide for presently anticipated necessary improvements to Tiburon Boulevard within the Town's corporate limits, based upon estimated traffic condi- tions at full build out on the Tiburon Peninsula. Such an arrangement shall be based on recommendations to be developed by the Town Engineer and approved by the Council. The costs of implementing such recommendations shall be equitably distributed among all owners of un- developed lands in the Town based on reasonably anti- cipated approved densities as presently shown on the Tiburon Build Out Map. Applicant shall deposit funds in such amount as may be determined by the Town Council upon the recommendation of the Town Engineer to a Town Traffic Fund which shall be non-refundable and which the Town shall draw from as such improvements are made. This Traffic Fund shall not be used for any other pur- pose. The recommended improvements shall be limited to measures related to improving safety, flow and -3- capacity for the purpose of alleviating traffic impacts experienced by the Town, and may include sig- nalization, stacking lanes, redesigned intersections, and similar improvements. Said funds may be used for the purpose of undertaking a traffic count program before a project build out and two additional traffic count programs within a 5-year period following project build out, said latter two counts to be taken at an interval of not less than one year. All of said traf- fic counts shall be as directed by the Town Engineer." 7. Paragraph 3n (2) of the Text is amended to read as follows: "3n (2). In addition, Applicant shall post an unconditional letter of credit with the Town in an amount to be determined by the Town Council based on recommendations of the Town Engineer, for five (5) years following completion of the development, for the purpose of correcting adverse traffic circulation impacts of the project on off-site streets, defined for this purpose as Tiburon Boulevard, Mar West, Paradise Drive, Beach Road and intersections thereto, which were unanticipated improvements stipulated in Paragraph 3n (1). If the Town Engineer recommends the need for additional traffic improvements reasonably attributable to Applicant's project and not contem- plated by the recommended improvements under Paragraph 3n (1) in order to maintain a reasonable level of service on said off-site streets in Tiburon, the Town may unilaterally require the Applicant to contribute any amount up to the total of the letter of credit to make the required improvements at such time as it determines, based upon the advice of the Town Engineer that said improvements ought to be made. The Applicant agrees to post this letter of credit relying on the Town's assurance that it will make every reasonable effort, including similarly conditioning the approval of subsequent master plans, to have other developers who have contributed to these unanticipated traffic impacts share in the cost of mitigating improvements. "The Applicant recognizes, however, that such cost-sharing arrangements as are stipulated in Para- graph 3n (1) and 3m (2) regarding such traffic improvements may, for a variety of reasons, prove impossible to attain and that, in such event, Appli- cant has sole financial responsibility for mitigating improvements up to the amount of the funds stipulated." 8. Paragraph 30 (2) of the Text is amended by adding thereto the following sentence: -4- "As part of the Precise Plan, Applicant shall establish the locations of free parking spaces and make provision for establishing public/commuter park- ing and interim parking during the construction period." 9. Paragraph 3p of the Text is amended by adding the following sentence thereto: "Applicant shall make arrangements subject to Council approval to insure that the Elderly/Moderate income units remain such for a period of not less than 20 years after they have been constructed." 10. The first paragraph of Paragraph 3p (2) of the Text is amended to read as follows: "The Applicant shall provide on its property the necessary marsh dredging, holding basins and/or flood plains, siltation and debris traps, and other methods of marsh restoration and preservation to the satis- faction of the Town Engineer and in accordance with Town approvals. Where combined efforts are necessary or desirable, the Applicant shall cooperate fully with adjacent property owners (TPC and Zelinsky), the Marsh Committee, and the Town in order to achieve the overall goals of flood control and marsh preservation. It is the intent of this provision to include the greatest possible area in the flood plain, i.e., the lands of TPC and Zelinsky. In addition, as reasonable and feasible, the flood plain and other open areas south of the marsh shall be graded and planted with appro- priate grass or gound cover to provide for public recreational use. The Applicant's funding commitment for marsh restoration, and the marsh reconstruction methods and schedule, will be specified at the Precise Plan stage of the development." The second paragraph of Paragraph 3p (2) of the Text is amended by changing the words "for a period of three (3) years" to "for a period of time as recommended by the Town Engineer and adopted by the Precise Plan." The following paragraph is added to Paragraph 3p (2) of the Text: "Prior to the approval of the Precise Plan, Ap- plicant shall use its best efforts to obtain the necessary permissions and/or property interests in the contiguous marshlands (approximately 3.8 acres), and such contiguous marshlands together with the marshlands included within Applicant's holdings shall be restored and maintained in accordance with Appli- cant's master plan submittal. In the event that at -5- the time of precise plan approval Applicant has been unable to obtain the necessary permissions and/or property interests to so restore and maintain such contiguous marshlands, despite having made every reasonable effort to do so, because the applicable owner of such lands has unreasonably withheld the giving of consent and/or approval to such restora- tion and maintenance, the Town may remove this con- dition of approval." 11. Paragraph 3r (1) of the Text is amended by changing the last word thereof to read "Town". 12. Paragraph 3s (7) of the Text is amended to read as follows: "3s (7). This entire park shall be completed and it and the Peter Donahue Building and the portions of Elephant Rock and the public access thereto which lie within the Applicant's property shall be offered for dedication to the Town prior to the issuance of certificate of occupancy." 13. Paragraph 3v of the Text is amended by deleting the word "passive" in line 6 thereof. 14. Paragraph 3y is added to the Text, to read as follows: "3y. During construction, provision shall be made for interim parking for construction employees and, to the maximum extent feasible, interim public parking. Construction phasing shall be coordinated in order to make such provision." 15. A scheduled phasing acceptable to the Town may be established at the time of approval of the Precise Plan. Any such phasing schedule shall be in accordance with the requirements of the Downtown Plan of 1975. 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 pub- lished in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 19 , 1979 , by the following vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Bass, Rockey, Bergsund None Hanson, Edelstein ATTEST: ~~ ~ ~- R. L. ~nager/Clerk /', \.1' '\ J,/l I (\ /f,)11 I.) 'I'. /. /I~ i)-r (/f<,!l t~'l; ?(_ JOAN:R. BERGSUND, M~~or -6- Southern Pacific Development Company Southern Pacific Building . One Market Plaza . San Francisco, California 94105 · (415) 362-1212 IN ".~LT ~LP.. ".,.." TO WM. A.. P'IN8TERIIU.CH Q.NI:RAL MANAC;." October 17, 1979 (Revised) Mr. Robert L. Kleinert Town Manager Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA 94920 Dear Mr. Kleinert: The Southern Pacific Development Co. on behalf of The Northwestern Pacific Railroad Company, herein referred to as the applicant, proposes to develop 38.03 acres of land which it owns in downtown Tiburon in the following manner: 1. The applicant shall construct 164 attached residential units, including 24 units for the elderly, and a gross floor area of 68,480 square feet of non- residential space, which shall be divided into retail space and office space. The locations and approximate footprints of the buildings are shown on the map entitled Downtown Tiburon Master Plan. The total square footage to be developed shall not exceed 273,600 square feet, which is equal to 7,194 square feet per acre. The approximate distribution of this square footage is shown below: Residential unit sizes may vary. If residential space is less than shown in any category, square footage may be equivalently increased in another residential category, or in the non-residential category (to a maximum of 75,000 square feet) so that the project's overall density is not reduced. - 2 - RESIDENTIAL Bayside 46 units at 1000 square feet 46 units at 1600 square feet Sub-Total: Lagoon 16 units at 1395 square feet 16 units at 1270 square feet 16 units at 1780 square feet Sub-Total: Marsh-Elderly 24 units at 600 square feet TOTAL : 46,000 73,600 119,600 22,320 20,320 28,480 71,120 14,400 205,120 COMMERCIAL Office Space - 55% Retail Space - 45% Total non-residential: TOTAL MAXIMUM PROJECT SQUARE FOOTAGE: 37,664 30,816 68,480 273,600 2. Within the non-residential square footage, a maximum of 30-45% shall be retail commercial, and a minimum of 55-70% shall be in offices. The total non-residential square footage shall not exceed 75,000 square feet. The applicant shall make every reasonable effort to lease retail space to business which would probably draw the bulk of their customers from the residents of the Tiburon peninsula, rather than from tourists. 3. The applicant shall also, as an integral part of the said development, do the following: a. Comply with the Town's standard procedures for the filing and processing of a Precise Plan and a Tentative and Final Subdivision - 3 - Map, pursuant to the Town's Zoning Ordinance (No.9 N.S.) and the Town's Subdivision Code (Chapter 14, Municipal Code of Tiburon) , and shall undertake no grading or construction until all approvals and permits, including site plan and architectural approval for each of the buildings in accordance with Section 11-1 of the Zoning Ordinance required by the Town of Tiburon, have been granted and all other agencies having permit authority over the development have approved the final plans, maps and documents and have issued all appropriate permits. b. Provide all improvements to the property in a form acceptable to the Town Engineer. Such improvements shall include fully underground utilities, streets and roadways, foot and bicycle paths, parking facilities, sidewalks, storm sewer, drainage system, lagoon design and improvements, marsh restoration, waterfront embankment and park improvements as specified herein. All such improvements shall be at no cost to the Town. c. Offer appropriate utility easements required for the project to the agency(ies) concerned. d.. Offer all streets through the project for dedication to the Town. Such offer will not include any driveways serving groups of residences which would remain in private ownership. The Town Council shall have the right to review and approve an ownership and maintenance agreement by a homeowner association for any portion of the streets which remain private. In no event, however, shall Town Police enforcement of parking or moving violations be precluded, nor shall any roadway be closed off,or otherwise restricted to the public. - 4- e. Provide a shoreline park, to the southeast of Paradise Drive. The nature and exact location of the improvements, to include landscaping and a pedestrian and bicycle pathway, shall be determined during the Precise Plan process by the Planning Commission 'and Town Council in consultation with the Board of Adjustments and Review and the Parks and Recreation Commission. The park shall be offered for dedication to the Town, subject to reversionary clauses as outlined in paragraph "v.ft. f. Construct one street connecting Beach Road and Mar West Avenue at the intersection of Esperanza. g. Realign Paradise Drive between Main Street and Mar West Avenue inland to leave an open space park, the exact location of which shall be specified by the Town at the Precise Plan stage. h. Improve Mar West Street and Tiburon Blvd. where it borders the applicant's property as specified in Title IV, Chapter 13 of the Town Municipal Code. i.., Construct two turnarounds on Paradise Drive, one close to the intersection of Main Street and one at the intersection of Mar West. The turnaround near the intersection of Main Street shall be provided with drop-off/pick-up zones for automobiles and buses, landscaped islands, cross walks, and adjacent short-term public parking. The turnaround at the intersection of Mar West shall be provided with traffic islands, crosswalks, and adjacent public parking, loca~ed to accommodate possible future underground sanitary holding tank which may be installed by sanitary agencies. - 5 - j. Construct all new streets, including those intended to serve only the residents of the development, to Town standards. k. Construct all new streets to Town standards with sidewalks on at least one side, unless specifically approved otherwise by the Planning Commission. 1., Extend and improve the existing bus stop on the North side of Tiburon Boulevard, near the Depot Palm. m. Construct a paved foot and bicycle path through the development, in a location and design approved by the Town, from the intersection of Mar West/Tiburon Boulevard to the intersection of Mar West/Paradise Orive, with appropriate branches and connections to Main Street, Beach Road, the lagoon and Esperanza Street. New ,roadways and sidewalks provided within the project site may be used for portions of these paths where appropriate, but, in general, the paths shall be located and constructed in as natural a manner as possible.. n. 1) Participate in a cost sharing arrangement to provide for presently \ anticipated necessary improvements to Tiburon Blvd. within the Town's corporate limits, based upon estimated traffic conditions at full build out on Tiburon peninsula. Such an arrangement shall be based on a Plan to be developed by the Town Engineer and adopted by the Town Council. The costs of implementing such a Plan shall be equitably distributed among all owners of undeveloped lands in the Town based on reasonably anticipated approved. densities as presently shown on the Tiburon Build Out Map. Applicant shall deposit $ to a Town Traffic Fund which shall be non-refundable and which the Town shall draw from as such improvements are made. This Traffic Fund shall not be used for any other purpose. The - 6 - improvements included in the plan shall be limited to measures related to improving safety, flow and capacity for the purpose of alleviating traffic impacts caused by additional development, and may include signalization, stacking lanes, redesigned intersections and similar improvements. 2) In addition, applicant shall post a bond in the amount of $ for five (5) years following completion of the development for the purpose of correcting adverse traffic circulation impacts of the project on off-site streets, defined for this purpose as Tiburon Blvd., Mar West, Paradise Drive, Beach Road and intersections thereto, which were unanticipated in the above Plan and cost- sharing arrangement. If post-development experience demonstrates the need for additional traffic improvements not contemplated by the Plan in order to maintain a reasonable level of service on said off-site streets in Tiburon, the Town may unilaterally require the applicant to contribute any amount up to the total of the bond to make the required improvements. The applicant agrees to post this bond relying on the Town's assurance that the Town shall make every reasonable effort, including similarly condition- ing the approval of subsequent master plans, to have other developers who have contributed to these unanticipated traffic impacts share in the cost of mitigating improvements. The applicant recognizes, however, that such a cost-sharing arrangement regard- ing unanticipated traffic problems may, for a variety of reasons, prove impossible to attain and that, in that event, applicant has sole financial responsibility for mitigating improvements up to the amount of the bond. - 7 - o. Construct the following fully paved and landscaped parking facilities: 1) A minimum of 1.5 spaces per each residential unit plus a number of public parking spaces, in a lot adjacent to the commercial buildings and in other appropriate locations throughout the project, equal to the number of spaces required by Section 13 of the Tiburon Zoning Ordinance for the computed net square footage of the retail and office space, plus a minimum of 150 additional spaces. 2) Public parking spaces to satisfy the above requirements may be provided in the following locations: (a) The major commercial lot (b) The Ferry turnaround, which shall be no-cost, short-term limited parking (c) The Mar West/Paradise turnaround (d) The Donahue Building (e) vicinity of the Tennis Courts (f) near open space at west end of project Their exact size and configuration will be a part of the Precise Plan submittal by the applicant for the Town's approval. 3) The applicant shall provide, at no cost to the Town, lockable parking stands for bicycles, the number and location of which shall be determined at the precise plan stage. The applicant shall also provide an area for motorcycle parking. 4) Parking areas shall be well landscaped and, where appropriate, screened or covered. Landscaping and surface treatment shall be in accordance with applicable conditions described herein and with Town Ordinances, standards and policies. - 8 - 5) The applicant shall offer for dedication all public parking areas to the Town, exclusive of the residential parking areas and the major commercial fee lot. No public parking space or spaces shall be closed off by chains, gates ,or locked enclosures of any kind except for the fee lot as proposed in the Master Plan. p. The applicant will make the following drainage improvements: 1) The applicant shall construct a drainage system that diverts all surface drainage water to satisfy lOO-year storm criteria entering the project site .from higher elevations to Racoon Straits, except for that portion which can be taken by the existing 18 inch pipe to Belvedere Lagoon and that portion which the marsh area is designed to retain. 2) The applicant shall provide on its property the necessary marsh dredging, holding basins and/or flood plains, siltation and debris traps, and other methods of marsh restoration and preservation to the satisfaction of the Town Engineer and in accordance with Town approvals. Where combined efforts are necessary or desirable, the applicant shall cooperate fully with adjacent property owners, the Marsh Committee, and the Town in order to achieve the overall goals of flood control . and marsh preservation. The applicant's funding commitment for marsh restoration, and the marsh reconstruction methods and schedule, will be specified at the precise plan stage of development. Arrangements for Marsh maintenance for a period of three (3) years, as permitted by applicant's property interest, to assure that the Marsh is properly maintained shall be approved by the Town at the precise plan stage. The applicant shall offer for dedication to the Town all Marsh Area on its property subject to the foregoing maintenance provisions. 3) The proposed lagoon shall be designed, constructed and maintained so as to prevent significant interference to sub-surface drainage. - 9 - 4) Public access to the edge of the proposed lagoon shall be provided at locations approved by the Town at precise plan stage. 5) Any agreements regarding lagoon maintenance, no matter who the parties are, shall be subject to Town approval. 6) The applicant will submit to the Town for approval CC&R's that will assure that the lagoon shall remain an attractive, fully maintained, and properly functioning aspect of the development. Said CC&R's will be drafted in a manner consistent with the Town levying a Special Assessment on the HOA in the event that the lagoon results in unreasonable adverse impacts, including: a) whenever in the judgment of the Town, the lagoon falls below certain visual attractiveness or water quality standards to be specified at a later date; and b) whenever the Town experiences greater or more frequent flooding as a result of the lagoons effect on the water table or sub- surface drainage. The special assessment shall be in an amount sufficient to correct the adverse impacts. 7) That the first floor level of all new construction shall be located at not less than the level required by applicable government authorities. q. Approximately 15% of the total number of housing units (not square feet) shall be elderly and/or moderate cost and/or moderate rental units as defined by the Marin County Housing Authority. Such housing may be either accomplished as part of this project or by arrangement with other developers, but in any event shall be completed or, if approved by the Town Council, firmly committed within the time limits established herein for the development. Such housing shall be located generally in the area southwest of the Old Tiburon School, as shown in the Master n'~" ~~~ - 10 - r. While final design has not yet occurred, the applicant recognizes the Town's concerns over views, aesthetic quality, landscaping, and design standards, and will design its buildings according to the following guidelines: 1) That the massing, height and view blockage effects of the upper portion of residential structures shall be reasonably mitigated by stepping back the upper story or portion thereof or by stepping down the height thereof and by other appropriate measures approved by the Board. 2) That the proposed buildings close to Mar West Avenue shall be compatible in design and architecture to existing buildings on that street. 3) That the structures shall be designed to avoid long, unbroken facades, masses, and roofs and to reduce apparent scale and mass. 4) That roofs and roof-mounted structures shall not be unnecessarily tall, massive or prominent and shall be covered with attractive, low-key unobtrusive materials. 5) That large expanses of paved areas shall be broken up by landscaped areas, pavement textures, and colors. At locations of special importance and function, special pavement treatment shall be utilized. 6) That new structures shall be designed, located, and operated so as not to unreasonably interfere, crowd, or otherwise impede existing uses and/or the public. 7) That no less than 5% of the residential units shall be advertised as being available for design to accommodate the handicapped. The advertising plan shall be presented to the Town at precise plan stage. - 11. - 8) That the applicant shall locate and design loading areas and service yards so that they are unobtrusive and screened from view from nearby residences and public streets. Loading areas shall be. in accordance with Section 13 of the Zoning Ordinance. Service yards and trash holding areas shall be screened with opaque fences or walls with so1.id gates or doors -- all at least six (6) feet high. 9) That landscaping shall utilize hardy, drought-resistant varieties, preferably California native species. Selection, sizing, planting and installation shall be done so as to achieve the maximum possible impact in the shortest period of time, as well as long- term hardiness. 10) That a recognized horticultural expert may be retained by the Town whose costs shall be ~eimbursed by the applicant to make recommendations as to soils materials, types of plants, and methods of planting and irrigation and to oversee the entire installation. 11) That water-conserving irrigation systems shall be installed for all landscaped areas within the development site, unless otherwise approved by the Town. l2} Arrangements for landscape maintenance to assure that landscaping is properly irrigated, maintained' and defective or dead landscaping is promptly replaced shall be part of the CC&R's to be approved by the Town. Also, that all landscaped areas to. be offered for dedication to the Town shall be maintained and irrigated for one year after installation, and all defective or dead landscaping or unsatisfactory soil to be replaced before the Town accepts the dedication. - 12 - s. The applicant shall develop a waterfront park along the water side of Paradise Drive at no cost to the Town in accordance with the following: 1) The embankment along Paradise Drive facing the water shall be cleaned, repaired and strengthened and abandoned piles removed, using materials and methods approved by the Town Engineer, and appropriate governmental agencies having jurisdiction. 2) The shoreline edge of the pavement of the realigned Paradise Drive shall generally be approximately 50 feet from the top of the edge of the embankment. 3), Within the area between Paradise Drive and the top of the embankment, the Town shall have the option to require a paved bicycle path and a separate paved footpath. These would be connected to the bike path and sidewalk on Tiburon Boulevard. 4) Seating benches and bicycle stands will be provided at occasional appropriate locations. 5) The Peter Donahue Building shall be offered in its present condition, as is, for dedication for use as a public museum or other mutually agreed upon uses. "6) All other portions of the area between the realigned Paradise Drive, the waterfront embankment, Elephant Rock, and the ferry area shall be graded and planted with grass and/or ground cover and provided with a complete irrigation system, all in compliance with other relevant conditions, described herein. 7) This entire park shall be completed and it and the Peter Donahue Building shall be offered for dedication to the Town prior to the issuance of any certificate of occupancy. - 13 - t. The applicant shall construct a minimum of two (2) tennis courts to be offered for dedication to the Town for operation by the Belvedere-Tiburon Joint Recreation Committee, subject to the reversionary clauses described in paragraph v. u. Buildings shall not be built closer than a meandering line 150 feet to 200 feet from the Mean Sea Level line which existed at the date of the adop- tion of the 1975 Downtown Plan element of the Town's General Plan. The area between the inland side of realigned Paradise Drive and the meandering building line shall be private property maintained by the Homeowner's Association. Subtle landscaping techniques, e.g., a small berm, will be used to indicate the private character of the property. In no event shall there be any fences, chains or devices which would result in view obstruction by project residents or by the public other than enclosures for private patios adjoining the Bayside units. v. All other open spaces not to be constructed upon, and not to have site improvements related to construction and access, and not identified as open areas serving the Homeowner's Association, shall be offered for dedication to the Town for recreational and open space purposes. Some complementary facilities such as parking spaces, restrooms, or other complementary improvements for passive public recreational purposes may be later constructed by the Town in these areas, but said offer of dedication shall include reversionary clauses, requiring that the land revert to the applicant if the Town attempts to use, sell, lease or otherwise convey the land for any other purpose. The same reversionary clause shall be in- cluded in the offer of dedication for the shoreline park and the Donahue Building, tennis courts and any other facility dedicated to the Town. w. The following standards for the construction of the Project shall be met by the applicant: - 14 - 1) Construction work shall be permitted only Monday through Friday and only between the hours of 8:00 a.m. and 5:00 p.m., unless specifi- cally authorized in advance by the Town Manager in limited special circumstances. 2) The most advanced currently available noise-muffling techniques shall be used to muffle the sound of pile-driving operations and such operations shall be conducted for limited durations of time. 3) Al~ construction equipment shall be equipped, maintained and operated to reduce the duration and intensity of construction noise to the lowest po~sible levels. 4) Construction dust shall be controlled by wetting and/or other effective means, subject to the approval of the Town Engineer. S) Access to the construction site for vehicles, construction equipment and' personnel shall be limited to those areas, routes and locations approved in advance by the Town Manager. Construction vehicles will not use Tiburon Blvd. southeast of Beach Road or Paradise Drive for access to the site. 6) Town streets surrounding the construction project, as well as Town streets leading to and from the project used for transporting construction materials or waste, shall be regularly cleaned of dust and construction debris, as directed by the Town Manager. All damage to off-site streets, caused by construction, shall be repaired by Applicant promptly without cost to the Town. - 15 - 7) Construction materials shall not be unreasonably stockpiled and that construction debris shall be regularly removed, both as directed by the Town Manager. 8) Construction shall be diligently and continously pursued until completion. Construction buildout shall occur within 30 months from the start of construction except for delays caused by governmental agencies. 9) Utility service interruptions will be coordinated to cause the least amount of inconvenience to residents and merchants of the Town. x. The applicant shall provide all on-site and off-site code required fire protection facilities in accordance with the requirements of the Tiburon Fire Protection District. All commercial -- retail and office -- space shall be provided with supervised fire sprinkler, detection and alarm systems. All residential buildings shall be provided with code required detection and alarm systems. Very truly yours, .. ..".___- 0' ~ / /( ,,' \, ----; " / / . i~/{( ;;;~;'/kC/~\""/" w. A. Finsterbusch ".,-------~) ORDINANCE NO. 218 N.S. AN ORDINANCE OF 1HE TOWN OF TIBURON APPROVING TIlE MASTER PLAN TO ESTABLISH A RESIDENfIAL REAL ESTATE BROKERAGE AND TITLE COMPANY AT 10 MAIN ST. AND 1704 TIBURON BLVD. BE IT ORDAINED BY 1HE TOWN COUNCIL OF THE TOWN OF TIBURON AS FOLLOWS: Section 1. Findings A. John Anderson, Jr. on behalf of Scott-McCall and Co., has submitted a Master Plan to establish a real estate office and title company at 10 Main St. and 1704 Tiburon Blvd.; and B. The Planning Commission of the Town of Tiburon has held a public hearing to consider arguments for and against said proposal; and C. The Planning Commission has reviewed the proposal and finds that it is consistent with the adopted downtown plan element of the Tiburon General Plan; and D. The Planning Commission has recommended that the Town Council approve the Master Plan subject to the conditions of approval contained in Resolution No. 277; and E. The Town Council has, after public hearing, considered and reviewed the proposal; and F. The Town Council has made affirmative findings consistent with the standards required by Section 10-10 of the Tiburon Zoning Ordinance dealing with the Planned Development Zoning Districts, as follows: (1) The density sought in the proposed development is consistent with the guidelines established in the General Plan and Zoning Ordinance. (2) The proposal provides for an adequate transition and maximum compatibility with adjoining patterns of development. (3) The proposal will be desirable to the public convenience and welfare and will be in harmony with the objectives of the Tiburon General Plan. Section 2. Approval of Master Plan The Town Council of the Town of Tiburon does hereby approve and adopt the Master Plan as generally proposed on Exhibit "A", identified plot plan, subject to the following conditions: (a) Prior to the issuance of any building permits and prior to the commencement of the proposed use, the owner of the property shall submit proof that the parking requirements of 10 parking spaces for the use (Ordinance No. 9 N.S., Section 13) have been met and will continue to be available so long as the use provided for in the Master Plan is continued. (b) In the event that at any time the owner of the property fails or ceases to provide the parking required hereunder, Master Plan approval may be revoked for failure to comply with the conditions of approval and, in such event, the uses provided for hereunder shall be discontinued immediately. It shall not be necessary that the required parking be provided on the same parcel or on a 2 contiguous parcel, but the location of the parking and its availability to the users of 10 Main Street and 1704 Tiburon Blvd. shall be subject to the approval of the Director of Community Development. (c) The Director of Community Development shall cause the Master Plan to be reviewed as directed by the Town Councilor the Planning Commission for the purposes of substantiating compliance with the parking requirements required hereunder. 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 Town Council of the Town 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 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 Town of Tiburon. PASSED AND AIDPTED at a regular meeting of the Town Council of the Town of Tiburon on November 7 , 1979, by the following vote: AYES: COUNCILMEN: Rockey, Bass, Bergstmd NOES: COUNCIlMEN: Hanson, Ede Is tein ABSENT: COUNCILMEN: None /') 1i1L' 61)-a .uU, (~ JOAN". ERGSUND, May Town of Tiburon ATTEST: Draft Date: October 12, 1979 ORDINANCE NO. 217 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTION 11 OF THE ZONING ORDINANCE PERTAINING TO DESIGN REVIEW The Town Council of the Town of Tiburon does ordain as follows: Section 1. Amendment. Section 11 of the Tiburon Zoning Ordinance is hereby amended to read as follows: Design R'eview: "Section 11. (A) No parcel shall be used for two or more separate buildings nor any buildings constructed in planned development (PD), P, or R-3 zones, nor on any lot for which a variance or conditional use permit has specifically required Precise Plan Review, nor in any other circumstances requiring Design Review by this Ordinance unless in compliance with all the following Design Review requirements; (B) A precise plan as specified in Section 27-2 and such other information as may be required in order to determine its compliance with the provisions of the Zoning Ordinance and other applicable ordinances, shall be submitted to the Planning Commission for its approval. No building permit shall be issued except in con- formity with the approved Precise Plan; (C) The Planning Commission shall consider whether a particular design is compatible with the established scale and design of Tiburon development and the general appearance of the Town of Tiburon; (D) The approval of the Precise Plan shall expire and become null and void one year after the date of approval unless a building permit has been obtained for any building thereon at the date of expiration, or unless such approval is extended or amended prior to expiration; (E) In reviewing a Precise Plan, the Planning Commis- sion shall ascertain its compliance with the provisions of this ordinance, and other applicable ordinances and consider further the safety, comfort, and convenience of the public, particularly in rela- tion to traffic access, circulation and parking, grading and drainage, property values, maintenance of property values, and fencing and landscaping. The Planning Commission may require such conditions to approval of a Precise Plan as may be necessary to the purposes of this ordinance and other applicable ordinances. 1. DRAFT DATE: August 15, 1979 (F) If the Precise Plan is within an area in which a Specific Plan has been adopted by the Town Council, or if the Precise Plan is not in conformance with the General Plan of the Town of Tiburon or any specific plan adopted as part of the General Plan, the Precise Plan shall be referred to the Town Council for review and approval in accordance with the recommendation of the Planning Commission. (G) The Planning Commission shall refer any Precise Plan to the Board of Adjustments and Review for its analysis and recommenda- tions pursuant to the pertinent provisions of Section 11-1 of this ordinance." Section 2. Amendment. Sections 11-1 A, 11-1 B, and 11-1 C of the Tiburon Zoning Ordinance are hereby amended to read as follows: "Section 11-1. Site Plan and Architectural Approval. A. Approval Required. "None of the following shall be done unless in com- pliance with the requirements of Section 20 of this ordinance and with the provisions of this Section: (1) Grading, excavation, filling or earthwork construction in the (R) residential zones which requires a grading permit. (2) Construction or physical alteration of any structure in the (R) residential zones which requires a building permit, or on any lot for which the provisions of the zoning ordinance or a variance or conditional use permit require site plan and architectural approval. (3) Small additions, swimming pools, signs, fences and other exterior changes and alterations of a minor nature may be approved without Board of Adjustment and Re- view approval if determined by the Director of Community Development, or his appointed representative, to be con- sistent with requirements and objectives of this ordinance and if the standards and procedures as adopted by the Board are complied with. The Director shall notify the Board of his decision at a succeeding Board meeting. (4) The applicant or any other affected person may appeal the action of the Director to the Board by an appeal filed in writing within ten (10) days after such decision is rendered. In the event an appeal is not so filed, the action of the Director shall become final upon expiration of the appeal period. 2 . B. Purpose. The purpose of site plan and architectural approval is to determine compliance with the zoning ordinance and to promote the orderly development of the Town, the preservation of its unique visual character, the stability of land values and investment, the public safety and the general welfare by preventing the erection of structures or additions and alter- ations thereto or the display of signs of unsightly or ob- noxious appearance or which are not property related to their sites, adjacent uses, and traffic circulation in the vicinity, and by preventing the indiscriminate clearing of property, excessive grading, and the destruction of trees and shrubbery. C. Application. Application for approval shall be made to the Department of Community Development by the property owner or by his agent duly authorized in writing, on a form prescribed by the Town and shall be accompanied by a fee to be established by Resolution adopted by the Town Council." Section 3. Amendment. Section 11-1 D (3) of the Tiburon Zoning Ordinance is hereby amended by adding thereto Subsection (h), to read as follows: "(h) Colors of the exterior of all existing and proposed structures." Section 4. Amendment. Section 11-1 E of the Tiburon Zoning Ordinance is hereby amended to read as follows: "Section 11-1 E. Guiding Principles. Where site plan and architectural review are prescribed for a use or structure by the district regulations, review and approval by the Board of Adjustments and Review shall be directed to the following considerations: 1. The proposed location of the structure on its site in relation to the location of buildings on adjoin- ing sites, with particular attention to view considerations, privacy, and topographic or other constraints on develop- ment imposed by particular site conditions. 3. 2. The extent to which the site plan attains the minimum amount of grading and/or removal of trees and vegetation in creating a building site, including access drives and off-street parking areas. 3. The size or bulk of the proposed building in relation to the character of existing buildings in the vicinity. The relationship of a building to its sur- roundings may be of greater importance than the quality of design of the individual structure. 4. The extent to which exposed under framing and utility ducts will be visible. 5. Proposed building material and colors to en- sure that they are harmonious with existing development in the vicinity and will not stand out in sharp contrast with natural earth color or vegetation on the site. 6. Proposed landscaping, insofar as it is required to prevent erosion; to protect the privacy of adjoining residences; and to mitigate the visual or other impacts of the proposed development. 7. Details of proposed architectural and land- scaping treatment, to ensure that while originality in site planning, architecture, landscaping, and graphic design is not suppressed, inharmonious or monotonous design is avoided. Review shall include exterior design, material, textures, colors, illumination, signing, and landscaping, but need not consider elements of the design that are not visible beyond the boundaries of the site. 8. In order to allow the gradual upgrading of exist- ing development, it may be required that improvements to existing buildings and the site as a whole be made. The review of applications for additions or modifications to existing development may include conditions requiring changes and/or modifications to existing buildings and site improvements for the entire property. 9. In those cases where the Board finds that it is probable that the structure will not be occupied within a period of six months following the date of completion, it may, as a condition to its approval of the application, require a cash deposit, bond, or other reasonable method sufficient to insure the installation of such minimum ground cover and screening materials as the Board may feel is reasonably necessary to mask unsightly appearances of structures, and to control erosion and dust. In such in- stances, the Board may further require a similar under- taking sufficient to insure the maintenance of said ground cover and screening materials for a period of one year from the date the Director of Community Development cer- tifies to their installation." 4 . Section 5. Amendment. Section 11-1 G of the Tiburon Zoning Ordinance is hereby amended to read as follows: "Section 11-1 G. Action by Board. The Board shall meet and act on applications for site plan and architectural approval within forty-five (45) days of the time such application is received by the Department of Community Development unless a longer time is agreed to by the applicant. The Board shall determine from the reports and data submitted, supplemented by on-site inspections as the Board may deem appropriate, whether the use and structures will meet the requirements and objectives of this ordinance, and shall, upon making an affirmative finding approve the application. If, from the information submitted, the Board finds that the requirements of this ordinance and objectives set forth herein would not be secured, it shall disapprove or approve subject to specified conditions, changes, or addi- tions. Findings or actions required by the Board must be implemented prior to final inspection and occupancy. The approval of the Board shall expire and become null and void two years after the date of approval unless a building permit has been obtained by the date of expiration and construction has been co~enced, and has been or is being diligently pursued toward completion." Section 6. Amendment. Section 11-1 H of the Tiburon Zoning Ordinance is hereby amended to read as follows: "Section 11-1 H. Notices. The Secretary of the Board or his designated representa- tive shall mail notices of all applications for site plan and architectural approval as noted in Section A, 1 & 2, to the appropriate property owners association and all property owners within 300 feet of the exterior boundaries of the subject property, using the ownerships' names and addresses from the last adopted tax roll. Such notice shall be given at least ten days prior to the hearing at which the application shall be heard; however, the failure of any property owner to be notified shall not invalidate the proceedings. Notice shall not be deemed necessary for accessory buildings or minor alterations not of a substantial nature. The Board may determine other appropriate methods of distributing notices." 5. Section 7. Amendment. section 20 of the Tiburon Zoning Ordinance is hereby amended to read as follows: "Section 20. Board of Adjustments and Review. A. A Board of Adjustments and Review is hereby estab- lished, which Board shall have the following duties, powers, and functions: 1. To hear and decide applications for variances from the provisions of the zoning ordinance; 2. To approve or disapprove, or to approve subject to compliance with such modification or conditions 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; 3. To hear and decide applications for signs in accordance with applicable sign regulations; 4. To interpret the meaning of the zoning ordinances of the Town of Tiburon when the meaning thereof is not clear, and to require a legal opinion of the Town Attorney when deemed necessary or desirable: 5. To hear and decide appeals where it is alleged that there is error in any order, requirements, decision or determination made by the Town Engineer, the Director of Co~munity Development, or Town Clerk in the administra- tion of zoning and building laws and regulations; 6. To adopt all rules and procedures necessary or convenient for the conduct of its business; 7. To carry out the policies of the Town of Tiburon. B. The Board shall consist of seven (7) members, one of whom shall be a member of the Planning Commission and appointed by the Chairman of the Planning Commission, and six of whom shall be appointed by the Mayor with the prior approval of the Town Council. All vacancies shall be filled by the appointing authority for the unexpired terms of the mewber whose office is vacant. C. The term of office of the Planning Commission member of the Board shall be six (6) months. 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 four years, except as otherwise provided in the Town's ordinances, resolutions or adopted policies as applicable. 6. 'D. The Board shall elect its chairman and vice-chairman annually, within sixty (60) days following an election for Town Council, or if there be no such election in any year, during the regularly scheduled meeting in the month of April. The Board may re-elect its chairman and/or vice-chairman to successive terms. 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 approval concerning any matter over which the Board has jurisdiction, shall file an application with the Secretary of the Board or the 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 issuance of a permit." Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days after its passage and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a news- paper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on Septanber 24 , 1979 by the following vote: AYES: COUNCILMEN: riergsund, Edelstein, Hanson, Rockey, Bass NOES COUNCILMEN: None ABSENT: COUNCILMEN: None Ifv/-- JO ATTEST: R. L. KLEINERT, Town Manager Town Clerk 7. ORDINANCE NO. 216 N.S. AN ORDINANCE OF THE TOWN OF TIBURON N~ENDING PORTIONS OF CHAPTER 7B OF THE TIBURON MUNICIPAL CODE THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES ORDAIN AS FOLLOWS: Section 1. Amendment: Section 7B-3(b) of the Tiburon Municipal Code is hereby amended to read as follows: II (b) Rates. The rates of the excise tax hereby imposed are as follows: (1) Residential: a. For each residential unit in the R-l or more restrictive zones: Seven hundred fifty dollars. b. For each residential unit located in any other zone: Five hundred dollars. (2) Commercial: For each commercial building or cor~ercial unit in a building, the amount of $0.75 per square foot of gross floor area.1I Section 2. Amendment: Section 7B-3(e) is hereby added to the Tiburon Municipal Code to read as follows: liThe Town Council may, by resolution, from time to time, amend the rates of the tax imposed hereunder. II Section 3. Amendment: Section 7B-4(f) is hereby added to the Tiburon Municipal Code to read as follows: DRAFT DATE: 9/17/79 "Single family residences located in the 'in fill' area of the Town, as designated upon that certain map entitled Construction and Occupancy Tax In-Fill Map and as the same may be amended from time to time, by resolu- tion of the Town Council, the original of which said map is on file with the Town Clerk." Section 4. Amendment: Section 7B-9 of the Tiburon Municipal Code is hereby amended to read as follows: "Section 7B-9. Appeal. Any person aggrieved by a decision or determination of tax hereunder may appeal said decision or determination to the Planning Commission by filing a written notice of appeal with the Town Clerk within 10 days after issuance of such decision or determination." Section 5. Separability If any section, sentence, subsection, clause or phrase of this ordinance is for any reason held to be invalid or unconstitu- tional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more other, sections, subsections, sentences, clauses or phrases may be declared invalid or un- constitutional. Section 6. Effective Date: This ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon. PASSED AND IDOprrED at a regular meeting of the Town Council of the Town of Tiburon held on September 24 , 1979, DRAFT DATE: 9/17/79 by the following vote: AYES: COUNC ILMEN: Bergsund, Edelstein, Hanson, Rockey, Bass NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None /) ~.dAt f)tYz~f'2tt1Z{L. JO N BERGSUND~ Mayor ATTEST: DRAFT DATE: 9/17/79 ORDINANCE NO. 215 N.S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING ORDINANCE NO. 187 N.S. BY APPROVING AMENDMENT TO ZELINSKY MASTER PLAN The TCMl1 Council of the Town of Tiburon does ordain as follows: Section 1. Findings. 1. On July 11, 1978, The To'WIl adopted Ordinance No. 187 N. S. which approved a Master Plan for certain land of Frederick G. Zelinsky and the Juanita Zelinsky Trust ("Zelinsky"). 2. Pursuant to the requirement of the Ordinance, the Town and Zelinsky entered. into an AgreEment dated December 30, 1977, recorded at Book 3406, page 225, Official Records of Marin Cormty, wherein it was agreed, inter alia, that certain designated "utilized areas" were not subject to further development; provided, that upon deletion of building sites approved in the said Master Plan the Town could, upon application by Zelinsky, amend the Master Plan. 3. Zelinsky has submitted a proposed amendment to the Master Plan approved by Ordinance No. 187 N.S., a copy of which it attached as Exhibit "A" hereto. 4. The Planning Corrunission, after duly noticed public hearing, has reviewed the proposed amen:3rnent, found that a negative declaration was appropria te, and recorrrnended approval. 5. The amendment reduces other proposed development approved in the Master Plan and thus constitutes good cause for amending Ordinance No. 187 N.S. 6. The Council finds that the proposed development can be completed within four years; the uses proposed will have a beneficial effect on surrounding property and uses; the density approved in the original Master Plan will not be increased.; the proposed change is in accordance with the General and Precise Plans of the Town; and the existing utility service is adequate to serve the developnent. 7. The Town Council after duly noticed. public hearing has reviewed the proposed amendment and found. that a Negative Declaration of Environmental Impact is appropriate and has approved. a Negative Declaration of Environmental Impact. Section 2. Approval. The Town Council of the Town of Tiburon does hereby amend Ordinance No. 187 N.S. by amending the Master Plan therein approved as set forth in Exhibit "A" hereto, upon the following terms and conditions: A. Prior to the issuance of any building permits for new construction Zelinsky shall enter into an agreement with the Town, subject to the approval of the Town Attorney, whereby it is agreed that Zelinsky will provide additional paved parking free of charge in the area designated "future parking" on Exhibit "A". Such parking shall be provided immediately upon written notice from Town that it has detennined a need exists therefor. Said agreement shall further provide that prior to the time said area is paved., it shall remain available at all times for parking. 1. B. No building penni ts shall be issued until all plans have been first approved by the Board of Adjusbnent and Review. C. The owner shall remove the temporary building at the corner of Tiburon Boulevard and Mar West prior to the issuance of any building penni ts for work or improvement on property. Section 3. Effective Date. This Ordinance shall take effect and be in force thri ty (30) days after its passage and before the expiration of fifteen CIS) 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 nevvspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a reJular meeting of the Town Cormcil of The Town of Tiburon held on August 1, 1979, by the following vote: AYES: COUNCIIMEN: Bergsrmd, Hanson, Edelstein, Rockey NOES: COUNCILMEN: None ABSENT: COUNCIlMEN: Bass n /} \... ii~. :i'}'1.elf~..'I'1U4lh<- JOAN l~GSU '~t ~v,~ 'vvr/ Draft Date: Revised: 7/9/79 7/13/79 ORDINANCE NO. 214 N. S. AN ORDINANCE OF THE TOWN OF TIBURON AMENDING SECTIONS 20-16, 20-17 and 20-18 OF THE TIBURON CODE PERTAINING TO ANIMAL CONTROL. THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES ORDAIN AS FOLLOWS: Section 1: Amendment. Section 20-16 of the Tiburon Town Code is amended to read: "20-16. Licenses Required - Periods. Every owner of a dog which is over the age of four months and which is kept in the Town shall procure a license for each such dog, for each year, commencing August 15th and ending August 14th, or any part thereof. Such license shall be procured not later than September 30th in any year or within thirty days after the day upon which the dog is four months old, or within thirty days after the day upon which the dog, if over the age of four months is first owned by a resident of the Town, and thereafter shall be maintained on a current basis from year to year. Any license which shall expire on June 30, 1979 shall be extended without cost to the license holder until August 15, 1979". Section 2: Amendment. Section 20-17 of the Tiburon Town Code is amended to read: "20-17. License Fee. A dog license in the amount established by resolution of the Marin County Board of Supervisors is imposed upon all dogs. 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 year in which applica- tion is made for the license, and may be prorated. Such proration shall be allowed only for licenses applied for after February 15th if the owner of the dog to be licensed became a resident of the Town after February 15th, or if the dog attained the age of four months after February 15th. The prorated fee for a license applied for by a new resident or a person owning a dog attaining the age of four months after February 15th shall be the fee established by resolution of the Marin County Board of Supervisors. "No prorated license shall be issued upon ap- plication by a new resident of the Town unless satisfactory proof is presented to the licensing authority that such residence commenced on or after February 15th". Section 3. Amendment. Section 20-18 of the Tiburon Town Code is amended to read: "20-18. Delinquent License Penalty. Any owner failing to procure and pay for such license within the period allowed in Section 20-16 shall pay the delinquent penalty for such failure in the amount established by resolution of the Marin County Board of Supervisors. Every owner of a dog which is over the age of four months and which is kept in the Town shall procure a license for each such dog, for each year, commencing August 15th and ending August 14th, or any part thereof. Such license shall be procured not later than September 30th in any year or within thirty days after the day upon which the dog is four months old, or within thirty days after the day upon which the dog, if over the age of four months, is first owned by a resident of the Town, and thereafter shall be maintained on a current basis from year to year". Section 4. Publication. Within fifteen (15) days after its passage, this Ordinance shall be published with the names of the members voting for and against it, at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on July 18, , 1979, by the following vote. AYES: COUNCILMEN: Bergsrmd, Edelstein, Hanson, Rockey, Bass NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None I r ATTEST: r"-~ , R. &:~Town Clerk Date Drafted: July 5, 1979 -2- ORDINANCE NO. 213 N.S. AN ORDINANCE OF THE TOWN OF TIBURON APPROVING ~~STER PLAN FOR 21 ~ffiIN STREET The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. 1. Milton McDonough , owner of the property commonly known as 21 Main Street, has submitted a Master Plan pertaining to a proposed remodeling of the second story of said building for purposes of converting it for use as a travel agency. A copy of said plan is attached hereto as Exhibi t "A". 2. The Planning Commission, after duly noticed public hearing, has reviewed the plan and recommended approval. 3. The Town Council finds that the proposed develop- ment can be completed within four years; the use proposed will have a beneficial effect on surrounding property and uses; the density approved will not be increased in excess of that which existed previously; the proposed plan is in accordance with the General and Precise plans of the Town; and existing utility service is adequate to serve the development. Section 2. Approval. The Master Plan, a copy of which is attached as Exhibit "A" hereto, is approved upon condition that prior to the issuance of a building permit owner shall provide proof to the Director of Co~~unity Development that the parking requirements for the proposed use as established by the Tiburon Zoning Ordinance have been satisfied. In the event that at any time owner fails to satisfy said parking requirements, Town may revoke the use of the premises approved hereunder. Section 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage and before the expiration of fifteen (15) days after its passage, the same shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. 1. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on auly 18 , 1979, by the following vote: AYES: COUNCILMEN: Bergsund, Edelstein, Hanson, Rockey, Bass NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None () AU f2f;u.,)tJtt'lZc:(", JOA BERGSUND, M yar #~'-"'. . R. L. KLE ERT, Tow Manager/Town Clerk Draft Date: 7/9/79 2. ORDINANCE NO. 211 N. S. AN ORDINANCE OF THE TOWN OF TIBURON APPROVING MASTER PLAN FOR 31 MAIN STREET BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON AS FOLLOWS: Section 1. Findings. A. Tiburon Investment Co., the owner, has submitted a Master Plan which involves certain improvements to the build- ing commonly known as 31 Main Street, which includes the es- tablishment of a Beauty Salon and a Boutique. B. The Planning Commission has duly held a public hear- ing on the application. C. The Planning Commission has made the findings required by ~lO-lOE of the Zoning Ordinance, and recommended that the Town Council approve the Master Plan provided certain conditions are imposed. D. The Town Council has duly held a public hearing as required by law and has made the findings required by ~lO-lOE of the Zoning Ordinance. Section 2. Approval. The Master Plan attached hereto as Exhibit "A", consist- ing of two pages, and identified as "Main Floor" and "Second Floor" is approved, subject to the conditions set forth herein. Section 3. Conditions. A. Prior to the issuance of any building permits, and prior to the commencement of the proposed uses, the owner of the property shall submit proof that the parking requirements required for the proposed use (Ordinance 9 N.S. ~13) have been met and will continue to be available so long as the use pro- vided for in the Master Plan is continued. B. In the event that at any time the owner of the property fails, or ceases, to provide the parking required hereunder, Master Plan approval may be revoked for failure to comply with the conditions of approval and, in such event, the uses provided for hereunder shall be discontinued immediately. It shall not be necessary that the required parking be provided on the same parcel or on a contiguous parcel, but the location of the park- ing and its availability to users of 31 Main Street shall be subject to approval of the Director of Community Development. 1. C. The Director of Community Development shall cause the Master Plan to be reviewed as directed by the Town Council for purposes of substantiating compliance with the parking re- quirements required hereunder. Section 4. Effective Date. Within fifteen (15) days after its passage, this Ordinance shall be published with the names of the members voting for and against it, at least once in a newspaper of general cir- culation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Coun- cil of the Town of Tiburon held on .hme 20 , 1979, by the following vote: AYES: Councilmen: Bergsund, Edelstein, Rockey, Bass, Hanson NOES: Councilmen: ABSENT: Councilmen: None /] /1 :11 ,1.<' A/ ~o ,^ I I I r'" I .' v,,/; ;..., u ,v) / / 1/7/i __", ~./i.' W,-", Mayor ATTEST: R. <~&-::/Town Clerk 2. Draft Date: 6/20/79 ORDINANCE NO. 210 N.S. AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE IV, CHAPTER 14, BY ADDING SECTION 14-72 PROVIDING FOR MERGER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TIBURON AS FOLLOWS: Section 1. Amendment. Title IV, Chapter 14, of the Tiburon City Code is amended by adding thereto Section 14-72 to read as follows: ~14-72. Merger. Notwithstanding any other Ordinances or regulations to the contrary, and notwithstanding the fact that such lots may have been legal when created, two or more contiguous parcels or units of land which are held by the same owner shall merge in those instances where at least one of said parcels or units is not developed with a building and at least one of said undeveloped parcels fails to conform to standards for minimum parcel size for the zone in which sit- uated. The provisions of this section shall apply to all parcels or units of land which are held by the same owner on or after January 1, 1979. Parcels or units of land are held by the same owner within the meaning hereof where the same person owns or otherwise effectively controls the fee title to said property. Section 2. Separability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be in- valid or unconstitutional by the decision of a court of competent 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, 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. Section 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passagej and, be- fore the expiration of fifteen (15) days after 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 A~ril 4 , 1979, by the following vote: AYES: NOES: COUNCILMEN: Hanson, Edelstein, Rockey, Bergsund, Bass COUNCILMEN: none ATTEST: /', ) I ): ", I'!) ii i.. 11; /) ',' j f .J \' 0-/ ~ U "../.t" f.Li / e;-Yv' t..-' . v rl'-~ J ~N BERGSUND~ Mayor, City of Tlburon ORDINANCE NO. 209 N.S. AN ORDINANCE OF THE CITY OF TIBURON ELIMINATING THE WORD "CITY" FROM THE CORPORATE NAME AND SUB- STITUTING IN ITS PLACE THE WORD "TOWN" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TIBURON AS FOLLOWS: Section 1. CHANGE OF CORPORATE DESIGNATION. Pursuant to the provisions of Section 34511 of the Government Code, the word "CITY" shall be eliminated from the corporate name and the word "TOWN" substituted in its place and stead, such that hence- forth the corporate name shall be "TOWN OF TIBURON". Section 2. 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 Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on April 18 , 1979, by the vollowing vote: AYES: COUNCILMEN: Bass, Edelstein, Rockey NOES: COUNCILMEN: trone ABSENT: COUNCILMEN: Berp:sund, Hanson /1 Qt-ti}J J6Ar{~~(,i-- J0AN BERGSU , Mayor ATTEST: Clerk Draft Date: March 27, 1979 ORDINANCE NO. 208 N.S. AN ORDINANCE OF THE CITY OF TIBURON APPROVING THE MASTER PLAN TO ESTABLISH AN OFFICE ON THE 2ND FLOOR OF 39 MAIN STREET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TIBURON AS FOLLOWS: Secti on 1. Fi ndi ngs A. Allan Rappaport on behalf of National Emergency Services, Inc. has submitted a Master Plan to establish an office on the second floor of 39 Main Street in a PO Zoning District in downtown Tiburon; and B. The Planning Commission of the City of Tiburon has held a public hearing to consider arguments for and against said proposal; and C. The Planning Commission has reviewed the proposal and finds that it is consistent with the adopted downtown plan element of the Tiburon General Plan; and D. The Planning Commission has recommended that the City Council approve the Master Plan subject to the conditions of approval contained in Resolution No. 268 of the Planning Commission; and E. The City Council has, after public hearing, considered and reviewed the proposal; and F. The City Council has made affirmative findings consistent with the standards required by Section 10-10 of the Tiburon Zoning Ordinance dealing with the Planned Development Zoning Districts, as follows: (1) The density sought in the proposed development is consistent with the guidelines established in the General Plan and Zoning Ordinance. (2) The proposal provides for an adequate transition and maximum compatibility with adjoining patterns of development. (3) The proposal will be desirable to the public convenience and welfare and will be in harmony with the objectives of the Tiburon General Plan. Section 2. Approv~l of Master Plan The City Council of the City of Tiburon does hereby approve and adopt the Master Plan as generally proposed on Exhibit IIAII, identified floor plan, subject to the following conditions: (a) That prior to the issuance of a Building Permit, a Precise Plan should be submitted and approved as required in Section 10-10 of the Tiburon Zoning Ordinance. (b) All exterior modifications shall be subject to site plan and architectural review in accordance with Section 11-1 of the Tiburon Zoning Ordinance. -2- ~ (c) The applicant provide assurance satisfactory to the Department of Community Development that the 5 parking spaces required for the use will be available in perpetuity. (d) The applicant comply with all standards and requirement of the Tiburon Fire Protection District, as noted in the letter dated January 3, 1979 from Dan K. Barber, Lieutenant, Bureau of Fire Protection. (e) The applicant comply with all requirements of the Uniform Building Code and the City Engineer, as necessary. 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 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 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 Ti buron on March 7 , 1979, by the fo 11 owi ng vote: AYES: COUNCILMEN: Bergsund, Bass, lianson, Rockey, Edelstein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ~~ HAL EDELSTEIN, Mayor City of Tiburon ATTEST: &/~V ,,- R. L. KLEINERT, City Manager/Clerk Draft date: 2/16/79 ORDINANCE NO. 207 N.S. AN ORDINANCE OF THE CITY OF TIBURON A~rnNDING SECTION 2a (RETURN DEPOSIT REQUIRED) AND SEC- TION 7 (CHANGING EFFECTIVE DATE) OF ORDINANCE NO. 183 N.S. (REGULATING THE SALE OF BEVERAGE CONTAINERS) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TIBURON AS FOLLOWS: Section 1: Section 2a of Tiburon Ordinance No. 183 N.S. entitled, "An Ordinance of the City of Tiburon Regulating the Sale of Beverage Containers", is hereby amended to read as follows: "Section 2. REQUIREMENTS. "a. Return Deposit Required. Every beverage con- tainer sold or offered for sale in the City by a vendor 'to a consumer shall have a refund value of not less than ten cents (10~). The refund value shall be paid by the consumer at the time of sale and shall be refunded by the vendor upon return of the container to the vendor. Every bev- erage container sold or offered for sale in the City by a distributor to a vendor shall have a re- fund value of not less than five cents (5~). This refund value shall be paid by the vendor to the distributor at the time of sale and shall be re- funded by the distributor to the vendor." Section 2: Section 7 of Tiburon Ordinance No. 183 N.S. en- titled, "An Ordinance of the City of Tiburon Regulating the Sale of Beverage Containers", is hereby amended to read as follows: "Section 7. EFFECTIVE DATE. "This Ordinance shall not be enforced prior to July 1, 1980, or such other date as may hereafter be established by Resolution of the City Council, and within fifteen (15) days after its passage, the same shall be published, with the names of the members voting for and against same, at least once in a newspaper of general circulation published in the City of Tiburon." 1. Section 3: Ordinance No. 199 N.S. is hereby repealed. Section 4: Within fifteen (15) days after its passage, this Ordinance shall be published, with the names of the mem- bers voting for and against 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 6 , 1978, by the following vote: AYES: COUNCILNEN: Bass, Bergsund, Hanson, Rockey, Edelstein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None !t<.~ , HAL EDELSTEIN, Mayor ATTEST: R. LEINERT, Draft Date: 11/29/78 2 .