HomeMy WebLinkAboutTC Ord 1973 - 1974
ORDINANCE NO.~N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE
NO.9 1;..S.., THE ZONING ORDINANCE, BY REVISING HEIGHT
REGUlA TIONS
The City counci.l of the Ci.ty of Tiburon does hereby ordain as follows:
Section 1. Amendment. Ordimlnce No. 9 N.S. is hereby amended, by
amending Section 6-31 to read as follows:
"6-31: Grade (Adjacent Ground gleva ion): The lowest pJint of elevation of
the natural surface of the ground or <.. ,liS11L:d grade, whichever is lower,
measured within 5 feet from the exterior wall of a building, or at the
property line, if it is less than 5 feet distant from said wall. If walls
are parallel to and \;Jithin 5 feet of a public sidewalk, alley, or other
public way, the grade shall be the elevation of the sidewalk, alley or
public way. For the purposes cf this section, the natural surface of the
ground shall be that elevation that lawfully existed as of January 1, 1972,
or as otherwise required by law.
Section 2. Amendment. Ordinance No. 9 N.S. is hereby amended by
amending Section 6-34 to read as follows:
"6-34: Height of Building: The vertical distance from the grade to the
uppermost point of the roof edge, wall, parapet or mansard above that grade.
Provided, that no point of the roof or other structure within the exterior
perimeter shall extend above the plane established by the maximum height line
around the perimeter, except as otherwise provided herein.
No structure shall be built in excess of the maximum building height unless the
Board of Design Review determines that extra height is necessary by reaSOn of the
terrain. No such extra height shall exceed 6 feet.1J
The diagram immediately following is a part of this Section for illustrative
purposes.
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Draft Date: 4/26/74
Amended: 7/8/74
Section 3. Deletion. Section 6-64 of Ordinance No. 9 N.S. is hereby deleted.
Section 4. Deletion. Section 6-65 of Ordinance No. 9 N.S. is hereby deleted.
Section 5. Deletions. The words "2~ stories" are deleted from the following
sections of Ordinance No.9 N.S.:
Section lO-l-B (C) 7
Section 10-2 (C) 5
Section 10-3 (C) 6
Section 10-5 (C) 6
Section 10-6 (C) 6
Section 10-8 (C) 6
Section 10-9 (C) 3
Section 6. Deletion. The l'10rds "or 2~ stories" are deleted from Section 10-4 (C) 1.
Section 7. Amendment. Ordin&nce No.9 N.S. is hereby amended, by amending Section
27 (I) to read as follows:
"(E) Towers, Utility Lines, Roof Equipment:
1. Chimneys, poles, skylights, penthouses, equipment and other
minor roof projections may .exceed the maximum roof plane by a ver-
tical distance of no more than three (3) feet, except where
specifically approved by the Board of Design Review, or required
by the Uniform Building Code.
2. Public utility distribution or transmission lines, poles or
towers may be allowed in all zones provided, however, that the
routes of all proposed overhead transmission lines shall be
approved by the Planning Commission prior to acquisition of
rights-of-way therefor, and that the appearance or design of
proposed installations be approved by the Planning Commission.
Section 8. Separability. If any section, provision, sentence, clause or phrase pf
this ordinance is, for any reason, declared to be invalid, such decision shall not affect
the validity of the remaining sections, sentences, clauses or phrases of this ordinanc~,
it being the intent of the City Council of t~e City of Tiburon that this ordinance shall
stand notwithstanding the invalidity of such section, sentence, clause or phrase.
Section 9. Effective D~t~. This ordinance shall take effect and be in force
thirty days after the date of passag~, and ~eforo the expiration of fifteen days after
its passage, the same shgll be p~blisced with the nanes of the members voting for and
against the same, at least once in a n~~spaper 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 July 8, 1974t by the fol1olving vote:
A YES:
Councilmen: Aramburu, Ellman, Littmant Ross
NOES:
Councilmen: None
. "-'"'-,
ABSENT:
Councilmen: Tayer
~, ,--,
1\ \ "
1 \ . .,
/ I' \ I
I I ~_.._.~
....Q ')i;\~L\4 ~,L yt L ~
ALBERT RAMBURU
Mayor of the City of Tiburon
R.L. l<LElNERT, City Managerf'Clerk
Draft Date: 4/26/74 Revised: 7/3/74 Final Revision 7/8/74
- 2 -
ORDINANCE NO. 148 N.S.
AN ORDINANCE OF TIlE CITY OF TIBURON AMENDING CHAPTER 4 OF THE TIBURON MUNICIPAL
CODE FeR THE PURPOSE OF RAISING NUNICIPAL REVENUE
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Amendment. Section 4-1 of Chapter 4 of the Tiburon
Municipal Code is hereby amended to add the definition of "employee" to
read as follows:
'~eRu1ar Employee: Anyone employed on a full-time basis for
a salary or tips.
Part-time Employee: Total number of hours worked by all non-regular
employees, divided by 2,000 hours (40 hours work week x 50 weeks).
Drop fractions of total numbers."
Section 2. Amendment. Section 4-14 of Chapter 4 of the Tiburon
Municipal Code is hereby amended to read as follows:
"Sec. 4-14. Tax based on gross receipts.
Every person who engages in the business of selling at retail
or wholesale tangible personal property of any kind whatsoever
or furnishes any service, and not othen~ise speCifically taxed
or licensed under the provisions of this chapter, and has a
regularly established or fixed place of business in the city,
shall pay a license tax on gross receipts and number of employees,
in accordance with the following scale:
Annual gross receipts Base fee
$0 - $100,000 $12 per year + $5 per year per employee.
$100,000 - $300,000 $48 per year + $5 per year per employee.
$300,000 - $1,000,000 $144 per year + $5 per year per employee.
Over $1,000,000 ~360 per year + $5 per year per employee.
Section 3. Amendment. Section 4-15 of Chapter 4 of the Tiburon
Municipal Code is hereby amended to read as follows:
"Sec. 4-15. Flat rate taxes generally.
Every person transacting and carrying on the businesses enumerated
in this section shall pay an annual license tax as follows:
Automobile trailer courts
$33 per year + $2.60 for each 600 sq. ft.
of rental space.
Automobile parking lots
$200 per year.
Automobile & machine
wrecking yards
$500 per year.
Christmas trees, decora.
tions & miscellaneous
Christmas merchandise
other than in connection
with another business
licensed under this
chapter.
'$50 per year.
Garage (public or
storage)
$100 per year.
Hotels, motels, auto
courts
$20 per rental unit.
Draft date: 4/26/74
Amended Draft: 5/24/74
Amended Draft: 6/10/74
-1-
Apartments, rooming houses.
Professions (accountants; architects;
attorneys at law; auditors; bacteriolo-
gists; chemists; chiropodists; chiro-
practors; engineers, civil, mechanical,
electrical or structural; doctors,
medical or dental; oculists, opticians;
optometrists; osteopaths; naturopaths;
surgeons; veterinarians, and every
person carrying on or engaged in the
business of treating, curing, ad-
ministering or giving treatment to
the sick, wounded, infirm or mentally
disturbed by any method, or pursuant
to any doctrine or system, and
whether medicine is used or pre-
scribed or not, and where a fee or
compensation is received or charged,
or donations made therefor).
Collection agency.
Real estate appraisal.
Real estate brokers (on commission
or other compensation), stock
brokers, including bonds and
other securities, yacht brokers.
Commercial or documentary filming.
Use of public street or property
for filming.
Contractors(construction).
Peddlers, solicitors.
$13 per rental unit.
$65 per year.
$65 per year.
$65 per year.
$65 per year, plus $7 for each
licensed salesman employed.
$50 per day.
$100 per day.
$48 per year.
$48 per year."
Section 4. Amendment. Section 4-16 (a) of Chapter 4 of the Tiburon
Municipal Code is hereby amended to read as follows:
"Sec. 4-16. Delivery vehicles.
(a) Every person not having a regularly established place of
business in the city whose business is retailing or wholesaling
goods or services as defined by this chapter, and who operates a
motor vehicle in the city for the purpose of conducting such
business, whether on a fixed route or not, shall pay an annual
license tax of thirty-six dollars for the first vehicle, plus
twenty-four dollars for each additional vehicle."
Section 5. Amendment. Section 4-17 of Chapter 4 of the Tiburon
Municipal Code is hereby deleted.
Section 6. Amendment. Section 4-18 of Chapter 4 of the Tiburon
Municipal Code is hereby amended to read as follows:
"Sec. 4...18. Businesses not taxed. ~].sewhere in this chaPter.
For any person carrying on or conducting any lawful and authorized
business, trade, profession, calling or occupation, not particularly
specified in this chapter, or embraced within the provisions of any
other section, the license tax shall be forty-eight dollars per year."
Draft Date:
Amended Draft:
Amended Draft:
4/26/74
5/24/74
6/10/74
-2-
Section 7. Penalty for Violation. Any person violating any of the
provisions of this ordinance or knowingly or intentionally misrepresenting
to any officer or employee of this City any material fact in procuring the
license or permit herein provided for shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punishable by a fine of not more than
$500.00, or by imprisonment in the county jail for a period of not more than
six months, or by both such fine and imprisonment.
Section 8. Separability. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid or uncon-
stitutional by the decision of a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of 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, sub-
sections, sentences, clauses or phrases may be declared invalid or uncon-
stitutional.
Section 9. Effective Date. This ordinance shall go into effect immediately
upon its adoption as an ordinance relating to taxes for the usual and current
expenses of the City. This ordinance shall be published, before the expiration
of fifteen days after its passage, with the names of the members voting for and
against the same, at least once in a newspaper of general circulation published
in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on June 10, 1974, by the following vote:
A YES :
COUNCILNEN: Ellman, Littman, Tayer
NOES:
COUNC ILMEN : None
ABSENT:
COUNCILNEN:
Aramburu,
Ross ~ II
C ~_'JiA,~A-V'
ALBERT ARAMBURU
~ayor of the City of Tiburon
Draft Date:
Amended Draft:
Amended Draft:
4/26/74
5/24/74
6/10/74
-3-
ORDINANCE NO. l~1J'!N. s.
AN ORDINANCE OF THE CITY OF TIBURON REPEALING ORDIN"
NO. 127 N.S. PROHIBITING THE CONVERSION OF EXISTING
AP~MENT BUILDINGS TO CONDOMINIUMS
The City Council of the City of Tiburon does hereb, ordila
as follows:
Section 1. Repeal. Ordinance No. 127 N.S. is hereby
repealed.
Section 2. Effective Date. This ordinance shalt tal,
.ffect and be in force thirty days after its passage, the ....
...ll be published, with the names of the members voting for
.. against the same, at least once in a newspaper of 9eM~al
~lrculation published in the City of Tiburon.
.PASSED AND ADOPTED at a regular meeting of the Clt.t
Council of the City of Tiburon held on June 10 l' lt1.
by tlle following vote t
AYES :
Councilmen:
Aramburu, Ellman, Littman, Tayer
HOES:
Councilmen:
None
ROS~ I
W-~"~J-
ALBERT URU
Mayor of the City of 'l'iburo.
ABSENT:
Councilmen:
AftUt.r :
Draft date: 3/29/74
ORDINANCE NO. 146 N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING
SECTION 21 OF THE ZONING ORDINANCE
The City Council of the City of Tiburon hereby ordains as follows:
Section 1. Amendment. Ordinance No.9 N.S., the Tiburon Zoning Ordinance,
is hereby amended by revising Section 21 to read as follows 1
"Section 21: USE PERl1ITS
(A) General
The Board of Adjustments may grant a conditional use permit to
authorize a specific use and structure devoted to such use on a specific
parcel within a zone where such use is allowed as a conditional use by
Sections 22 or 23, or by any other provision of this ordinance. The
procedures and requirements set forth herein and in Section 18 hereof
shall govern the granting or denial of conditional use permits.
(B) Purposes and Special Considerations.
The uses listed as Conditional Uses are hereby declared to be uses
possessing characteristics of such unique and special qualities as to
require special review to determine whether or not any such use should
be permitted in a specific location which may be proposed.
1) The purposes of the review are to:
a. Determine whether the location proposed for the
Conditional Use applied for is properly related to the development of
the neighborhood as a whole.
b. Determine whether the location proposed for the particular
Conditional Use applied for would be reasonably compatible with the
types of uses normally permitted in the surrounding area.
c. Evaluate ,~hether or not adequate facilities and services
required for such use exist or can be provided.
d. Stipulate such conditions and requirements as would reasonably
assure that the basic purposes of the Zoning Ordinance and the objectives
of the General Plan would be served.
2) Factors to be considered are:
a. The relationship of the location proposed to:
1. The service or market area of the use or facility proposed.
2. Transpottation, utilities and other facilities required to
serve it; and
3. Other uses of land in the vicinity.
b. Probable effects on persons, land uses, and properties adjoining
and the general vicinity, including:
1. Probable inconvenience, damage, or nuisance from noise,
smoke, odor, dust, vibration, radiation or similar causes.
2. Probable hazard from explosion, contamination, or fire; and
3. Probable inconvenience, economic loss, or hazard occasioned
by unusual volume or character of traffic or the congre-
gating of a large number of people.
(C) Yard~ Height and Area ReQuirements.
The provisions for required fron~, rear and side yards and requirements
for height and area applicable to the particular zone in which any such use is
proposed to be located shall prevail, unless, in the findings and conditions
recited in the resolution dealing with each such matter, specific additional
requirements are made with respect thereto.
1.
'. .
(D) Off-Street Parking and Loading Requirements.
The requirements for provision of off-street parking and loading
applicable to the particular use shall prevail, unless in the findings and
conditions recited in the resolution dealing with each such matter, specific
additional requirements are made with respect thereto.
(E) Findings and Decision.
All actions of the Board of Adjustments relating to the findings and
decision shall be made by resolution, ,'hich shall contain the findings of the
Board and any conditions to be impos~d on the conditional use permit. The Board
of Adjustments shall grant the conditional use permit if it finds that:
1) The proposed use or facility is properly located in relation to
the community as a whole and to land uses and transportation and service
facilities in the vicinity.
2) The site for the~oposed use is adequate in size and shape to
accommodate the proposed use, and all yards, open spaces, walls and fences,
parking, loading, landscaping and other such features as may be required by
this ordinance or in the opinion of t~Board may be needed to assure that
the proposed use will be reasonably compatible with land uses normally permitted
in the surrounding area.
3) The site for the proposed use will be served by streets and highways
of adequate width and pavement type to carry the quantity and kind of traffic
generated by the proposed use.
4) The proposed use will not adversely affect the abutting
property or the permitted use thereof.
The resolution making such findings may do so in general teunsby
sta~~~g that the Board finds the matters set forth in this paragraph (E) to
be true. If the Board is unable to make the findings required above, the
Board shall disapprove the granting of the conditional use permit.
(F) Recommended Conditions.
In granting any conditional l'se pel~lit, the Board may require that the
use conform with the site plan, architectural drawings, or statements submitted
in support of the application, or such modification thereof as it may deem
necessary to protect the public health, safety and general welfare and to
secure the objectives of the General Plan. The Board may also impose such
other conditions as it may deem necessary to achieve these purposes, including,
but not limited to, the following:
1) Special yards, open spaces, and buffers.
2) Fences and walls.
3) Surfacing of parking areas and specifications therefor.
4) Street dedications and improvements, including provision of
service roads or alleys when practical, and necessary dedications of utility
easements, sites for public use, and to preserve open space.
5) Regulation of points of vehicular ingress and egress.
6) Regulation of signs.
7) Landscaping and maintenance thereof.
8) Maintenance of grounds.
,
9) Control of noise, vibration, odors, and other potentially
dangerous or objectionable elements.
10) Limits on time for conduct of certain activities.
11) Time period within which the proposed use shall be developed.
-2-
12) Such other conditions as will make possible the development
of the city in an orderly and efficient manner and in conformity with
the interest and purposes set forth in this ordinance and the General Plan.
The Board may require such guarantees as it deems necessary to
insure that such conditions will be complied with."
Section 2. Separability. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this ordinance. The
City Council of the City of Tiburon hereby declares that it would have adopted
the ordinance, and each section, subsection, clause or phras~ thereof, irrespective
of the fact that anyone or more sections, subsections, sentences, claus$or
phrases may be declared invalid.
Section 3. Effective Date. This ordinance shall take effect and be in
force thirty days after its passage, and before the expiration of fifteen days
after its passage, the same shall be published, with the names of the members
voting for and against the same, at least once in a newspaper of general
circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tiburon held on June 10, 1974, by the following vote:
AYES:
Councilmen:
Aramburu, Littman, Ellman, and Tayer
NOES:
Councilmen:
None
ABSENT:
Ross
~.
-~_. (.: 'If
."" !~.
' .
~
ALBERT ARAMBURU
~ayor of the City of Tiburon
ATTEST:
rI@~Sj .
R.I'.. KLEINERT, City 1rIanager/Clerk
3.
ORDINANCE NO. 145 N.S.
AN ORDI.NANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S. J THE ZONING
ORDINANCE. BY REGUlATING THE APPROVAL OF CONDOMINIUHS AND COMMUNITY APARTMENTS
The City Council of the City of Tiburon hereby ordains as follows:
Section 1. Amendment. Ordinance No.9 N.S., the Tiburon Zoning Ordinance,
is hereby amended by adding Section 10-7.1, to read as follows:
"Section 10-7.1: CONDOMINIUMS AND COlvlHUNITY APARTMENTS.
(A) Definitions.
1) "Condominium" is defined as set forth in Civil Code Sec.tion 783.
As used herein, IIcondominium" includes IIcommunityapartment."
2) "Community apartmentll is defined as a development in which
an undivided interest in the land is coupled with the right of exclusive
occupancy of any apartment located. thereon. Community aparbments shall
be subject to the same restrictions and conditions as condominiums.
(B) Findings.
The City Council finds and determines that condominiums and community
apartments differ from apartments in numerous respects, and the public
health, safety and welfare require that condominium projects be treated
differently from apartments. The City Council therefore states its
express intent to treat such projects differently from apartment and like
structures and, accordingly, adopts development standards for the
protection of the community and the purchasers of condominiums and community
apartments.
(C) Permits for Condominiums and Community Aparbnents.
No subdivision map for the construction of, or conversion of any
structure to, a condominium or community apartment shall be approved,
and no building permit for any condominium or community apartment shall
be issued, until a condominium pe~mit has been issued. Such permit shall
be issued by the Planning Commission only if it determines that the
propert1 coufo~s to all applicable zoning regulations and if it makes
the findings required by this section.
(D) Procedure Governing Condominium Permits.
The procedure governing condominium permits shall be as provided
in Sections 18 and 21 of the Zoning Ordinance for use permits. Provided,
however, that ~'1herever the words IIBoard" or "Board of Adjustments"
appear, there shall be substituted "Commission" or "Planning Commission,"
respectively. Provided, further that in the case of a condominium permit
for conversion, the application shall contain a list of the names of all
tenants and lessees of the existing structure, together with a verified
WTttten statement that notice of the filing of the application has been
given to each such tenant and lessee by prepaid U. S. mail.
(E) Condominium Development Standards.
The following standards shall apply to all condominium projects,
including those to be constructed and those to be converted.
No condominium permit shall be approved or conditionally approved
in whole or in part unless:
1) The Commission finds that the application conforms to
the Tiburon General Plan.
2) The Commission finds that the Precise Plan meets the requirements
of Section 27-2 of the Zoning Ordinance.
1.
3) The Commission finds that the condominium project meets all
standards of Chapter 13 of the Tiburon Municipal Code, as they apply
to new construction for group H occupancy, except for such requirements
which the Commission deems unnecessary to fulfill the objectives of
this section.
4) The Commission approves the conditions, covenants, and restrictions
for the project, which said document shall set forth the occupancy and
management policies for the project and shall contain provisions satis-
factory to the City Attorney to insure maintenance of all common areas
and payment of all assessments and taxes.
5) The Commission requires that the applicant fully inform each
purchaser, in writing, prior to the sale of any unit, of all deviations
from the requirements of Chapter 13 of the Tiburon MUnicipal Code
authorized pursuant to paragraph (E) 3) of this section.
6) The applicant certifies that all facilities, appliances,
structures, and other amenities to be maintained in common by the
prospective purchasers are in good working order and condition.
7) The Commission makes the findings required by Section 21E of
the Zoning Ordinance and otherwise finds that the purposes, special
considerations and standards contained in Section 21 are met.
(F) Conditions.
In granting any condominium permit, the Commission may impose
such conditions as it may deem necessary to accomplish the objectives
of this ordinance, including, but not limited to, those set forth in
Section 2lE of the Zoning Ordinance.
Section 2. Separability. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this ordinance. The
City Council of the City of Tiburon hereby declares that it would have adopted
the ordinance and each section, subsection, clause or phrase thereof, irrespective
of the fact that anyone or more sections, subsections, sentences, clauses or
phrases may be declared invalid.
Section 3. Effective Date. This ordinance shall take effect and be in
force thirty days after its passage, and before the expiration of fifteen days
after its passage, the same shall be published, with the names of the members
voting for and against the same, at least once in a newspaper of general
circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tiburon held on June 10, 1974, by the following vote:
AYES:
Councilmen: Aramburu, Littman, Ellman, Tayer
NOES:
Councilmen: None
ABSENT:
Councilmen: Ross
~
(/-- '\.. ' 1\ .~.
ALBERT ARAMBURU
Mayor of the City of Tiburon
ATTEST:
2.
ORDINANCE NO. 144 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON
APPROVING A P.D ~ MASTER PIAN FOR THE POST OFFICE COMPLEX
4 - 14 BEACH ROAD
The City Council of ttc City of Tiburon does ordain as follows:
Section 1. The; P.D. H3.stc" Plan for 4-14 Beach Road, known as "Revised
Master Plan Post Office Ccmplexll, is ~~reby approved, which approval shall be in
conformance with the following:
A. The development, 1~I~intenance, and use of the property shall be
carried on in conformance with certain maps, plans and exhibits entitled as follows:
1. MasteL Plan prepared by Allan Steinau, Architect, identified as
'~xhibit 47406-1" and entitled Revised Master Plan Post Office complex dated as
revised January 28, 1974, which was received for the purpose of illustration.
B. The development, maintenance and use of the property shall be sub-
ject to the following conditions:
1. That the additional required parking of nine (9) spaces be provided
in the parking lot located across Beach Road in the area adjacent to the Boardwalk
Market.
2. The approval of a Precise Plan pursuant to Section 10-4 (G) of the
Zoning Ordinance No.9 N.S.
3. Such other conditions that may be imposed by the City Council
upon approval of the Precise Plan.
4. That Section l3B of the Tiburon Zoning Ordinance shall apply.
Section 2. F.ffective Date. This Ordinance shall take effect and be
in force thirty days after the date of passage, and before the expiration of fiftepo
days after its passage, the same shall he published, with the names of the members
voting for and against the same, at least once in a newspaper of g,neral circulation
published in the City of Tiburon.
PASSED AND ADO?TED a t a
City of Tiburon held on May 30th
regular meeting of the City Counciloof the
, 1974, by ~he following vote:
.cYES :
COUNCILNEN: Aramburu, Ellman, Littman,
NOES:
COUNCILMEN: Ross
ABSENT:
COUNCILM~.a;: Tayer
~~~-
ALBERT ARAMBURU -
U:'lyor of the City of Tiburon
ATTEST:
ROB~~er/Clerk
Draft Date: 5/9/74
Revised: 5/23/74
ORDINANCE NO.~.S.
AN ORDIK6.NCE OF THE CITY OF TlBURON AMENDING CHAPTER 13,
SECTION 13-12 OF THE TIBURON CITY CODE ADOPTING BY REfERENCE
THE 1973 EDITION OF 'I'BE UNIFORM BUILDING CODl REGUIATING '!BE
ERECTION; CONS'lRUCTION, ENIARGEMENT, ALTEBATION, REB\m, K.>VING.
REMOVAL, CONYEllSION, DEK>LITIfJN, OCCUPANCY, EQUIPMENT, USE,
HEIGHT, AREA, AND H\ INTENANCE OF BUILDINGS, foa 'DIE ISSlANCB
OF PDMITS AND COLLECTION OF FEES THEREFORE.
The City Council of the City of Tiburon does ordain as follows:
Section I. the first phrase of Sec. 13-12 of the Tiburon City Code
is amended to read as follows:
"Section 13-12 Bui1dina Code
The Building Code of tbe City shall be the Uniform Building Code Volume I, 1973
edition, and the appendices thereof, as published by the International COnference
of Building Officials, with the following exceptions and additions:"
Section II. Separability. If any section, subsection, clause or phrase'
of this ordinance is for any reason held to be unconstitututional, such decision
shall Dot 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 ordi-
nance and each section, subsection, sentence, clause or phrase thereof, irrespective
of the fact that anyone or more sections, subsections, sentences, clauses. or
phrases be declared unconstitutional.
Section 111. Enactment. this ordinance is to take effect and ,be in
force at the expiration of thirty (30) days from and after its passage, and before
the expiration of fifteen (1S) days after its passage, . 'the same "11- be' publf.ahed
wttlt theaames of--the .mbers voting for and asainse the .... at least in . news-
paper of geDe'l'81 circula !:i~ .published 10 the City of Tlburon.
PASSED AND ADOPTED at a
Tiburon on MaY 13th
regular meeting of the City Council of the City of
, 1974, by the following vote:
ADS:
COUNCILMEN: Aramburu, Ellman, Tayer
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Littman, Ross
~~~
AL T BAMBURU ~
Mayor of the City of Tiburon
ATTEST:
Draft Date: 4/3/74
Amended Draft: 5/9/74
ORDINANCE NO. 142 M.S.
AN ORDINANCE or THE CITY COUNCIL OF THE CITY 01' TIBURON
APPROVING AN R.P.D. It\S'lER PIAN rOR. THREE (3) UNITS AT
39 LYFORD DRIVE
The City Council of the City of Tiburon does ordain as follows:
Section 1. The UD Hlster Plan for 39 Lyford Drive..known a. ''Master
Plan of December 23, 1973", is hereby approved J which approval shall be in confor-
_DCe with the following:
A. 'lbe development, maintenance, and use of the property abal1 be
carried on in conformance with certain spa, plans anel exhibits entitled .s follQ1fs:
1. Haster Plan prepared by, Steinau & Kurtzman, Architects & Planners, tanti-
fied a8 "Exhibit A II and entitled '!Altemate Site Plan Proposed Cluster Boueill,
Development" dated January 4, 1974 which was received for the purpose of illustration.
B. 'lbe developaent. maintenance and use of the property aball be SUb-
ject to the following conditiou: .
1. 1bat the area designated as "Open Space" be reserved by offer of dedication
to the City of riburon. .
2. That the private roadway be privately _intained.
3. The approval of a Precise Plan pU~8uant to Section 10-4 (0) of the ZoD.1ns
Ordlaance No.9 N.S.
4. Such other conditions that may be imposed by the City Council upoa ap~l
of the Precise Plan.
Section 2. Effective Date. this Ordinance shall take effect and be
ill force thirty days after the date of passage. and before the expiration of flfteea
day. after its passage, the same shall be published, with the __8 of the ....r.
votilll for and against tie same, at least once in a newspaper of paeral .trcu1atioo
published 11'1 the City of Tiburon.
PASSED AND ADOPTED a t a
the City of Tiburon held on Mav 13th
re~ular meeting of the City Council of
, 1974. by the followiq vote.
AlBS. COUNCIU1EN: Aramburu, Ellman, Tayer
NOES: COUNCILMEN: None
ABSINT: CotJNCILMEN: Littman, Ross
/~
C /
81 ......
ALBERT AlAMBtJaU
Mayor of the Cl ty of Tiburon
ATTBSTl
~~r/C1Uk
Dr.aft date: 5/8/74
ORDINANCE NO. 141 N. S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING THE TIBURON
MUNICIPAL CODE BY ADDING CHAPTER 13B, REGULATING
INDIVIDUAL SEWAGE DISPOSAL SYSTEMS
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. Amendment. The Tiburon Municipal Code is amended
by adding Chapter l3B, to read as follows:
"CHAPTER 13B.
INDIVIDUAL SEWAGE DISPOSAL SYSTEMS.
Sec. 138-1. Purpose.
The provisions of this chapter are intended to insure
that the disposal of sewage shall be accomplished in a safe and
sanitary manner in order to protect the public health, safety
and welfare to the greatest extent possible.
Sec. 138-2. Applicability.
This chapter is applicable to all individual sewage
disposal systems heretofore or hereafter constructed.
Sec. l3B-3. Definitions.
(a) City Health Officer. The term "city health officer"
as used in this chapter, means the Marin County He~lth Officer
or his authorized representatives.
(b) Individual Sewage Disposal System. The term
"individual sewage disposal system" means and includes any
system of piping, treatment 1evices or other facilities
(excluding chemical toilets) that store, convey, treat or
dispose of sewage wh1ch is discharged anywhere other than into
a public sewer system.
(c) Person. The term "person" shall include any per-
son, firm, association, corporation, or any members, aqentsor
employees of the foregoing. .
(d) Public Sewer System. The term '''public sewer
system" means any publicly owned and maintained system of
sewage conveyance, piping,. or any part thereof, that trans-
ports sewage away from the properties of origin to publicly
owned and operated sewage treatment and disposal facilities.
(e) Sewage. The term "sewage" means any and all
wastes, substance, liquid or sqlid, which contain or may be
contaminated by human excreta, excrement, offal or feculant
matter or matters, or substances of any kind or nature that
Draft date: 1/17/74
1.
-'\
may be injurious or dangerous to health, either directly or
indirectly.
Sec. 13B-4. Prohibited Acts.
It shall be unlawful for any person to do any of the
following withqut first obtaini.ng approval from the city health
officer in accordance with the provisions of this chapter and
the regulations issued hereunder:
(a) Construct, alter, repair or replace an individual
sewage disposal system or a component element thereof, which
system is subject to the provisions of this chapter.
(b) Construct, rebuild, use, occupy or maintain any
residence, place of business or other structure where persons
reside, congregate or are employed, which is not provided with
a means of disposal of sewage by connection to a public sewer
system or which is not provided with a sewage disposal system
for which a prior permit had been lawfully issued.
Sec. l3B-S. Connection to Public Sewer System and Alternatives.
Sewage disposal shall be by means of a connection to a
public sewer system if the nearest sewer is within 400 lineal
feet of the parcel in which the structure generating the
sewage is to be constructed. This requirement may be waived by
the city health officer if he finds connection to a public
sewer is legally or physically impossible. If the city health
officer determines that connection to a public sewer is unfea-
sible, an application may be filed for a permit for an alterna-
tive method of sewage disposal, utilizing an individual sewage
disposal system.
Sec. 13B-6. Regulations.
The city health officer is authorized to issue regula-
tions, guidelines and criteria to carry out the purposes of
this chapter. Such regulations shall be approved by the City
Council prior to their effeci iveness. The city health officer
is authorized to waive any particular requirement imposed by
such regulations if he determines that the general purposes of
this chapter will be achieved by such waiver.
Sec. 13B-7. Application and Fee.
All applications for individual sewage disposal systems
shall be submitted in writing to the city health officer on a
form supplied by said officer. The application shall be accom-
panied by a fee of $40,,00 to assist in covering the costs of
initial design review and -field inspection. Appli.cations shall
contain all appropriate information regarding the site and the
proposed system.
Sec. 13B-8. City, Hea.~!h._._~_E:~)cer. Review.
If, aftp~ investigation, the city health officer deter-
mines that the construction of the proposed facility is in
Draft date: 1/17/74
2.
'\
\,
accordance with the terms of this chapter iJnd any regulations
issued pursuant. thereto, and will not be injurious to the public
health and welfare, he shall approve or condit.i,J)llally approve
the application for an individual sewage disposal ~ystem. Such
approval may be made subject to such conditions as the said
officer deems necessary to insure compliance with th:i,s chapter,
and any regulations issued pursuant thereto. Any such approval
shall become null and void under the following circumst&nces:
(a) The work authorized has not been conunenced within
one year after approval, unless an extension of an additional
one year has been granted by the city health officer.
(b) Construction of the approved system is commenced
but subsequently abandoned for a continuous period of 90 days.
(c) Construction of the approved system is not proceed1
i.ng in accordance' with the terms of approval.
Sec. 13B-9. Certificate of Inspection.
, If the individual sewage disposal system is completed
In accordance with the terms of the city health officer's
IPproval, a certificate of inspection shall be issued by the
.ity health officer, which certificate shall be effective for
. period of two years. The city health officer may revoke any
~rtificate if he determines that the individual sewage disposal
srstern does not comply with the provisions of this chapter, the
r.ttulations issued hereunder, or the conditions of the certi.
f6cate.
~ec. 138-10. Biennial In.spection and Re_newa!:...
Every individual disposal system shall be subject to a
biennial inspection to assure its continued proper functionift9
and for the purpose of renewing the certificate of, inspec~ioft.
'the city health officer shall renew a certificate of inspectiQn
for a two-year period when the following conditions have beeft
.t:
(a) A report of insp-..:ction of the individual disposal
aystf-m\ by an author ized inspector indica tes that the system
is ()perating in a satisfactory manner.
(b) Proof of a septic tank pumping by a licensed septic
t3nk pumper is submitted, when such pumping is required by the
Wep~rt of the inspector.
(c) Proof of repairs or alterations to an individual
.ewwqe disposal system is submitted, when such repairs have been
req~ired by the report of the inspector.
(d) A deposit of the $20.00 ren0~al fee is made with
the city health officer.
Se~. 13B-ll. 1,~~2C()(:/jd.t,ion and Transfer of Certificate.
- -..-. ".~....-.- ~,-~. . -'. ..... ..-... .----..--
rrh,.', certi fica te of inspection shall be recorded by the
city n;':~':ll th officer wi th the County Recorder I identifying the
Draft date: 1/17/74
3.
')
\
property by assessor's parcel numbers. 'Phc c:'ertifi~~atE: of
inspectlon is transferable to a subsequent grdntee or transferee
of the property, effective for the ba lance of th,e two-yedr
period..
See.. 13B:12.. Def~ctiv~_Sxste!n~.
Following the biennial inspection mentioned above, if an
individual sewage disposal system is found to be defective, the
prior certificate of inspection may be extended for a period
not to exceed six months bey nd its normal expiration date,
provided that corrective me.:'; ~',trcs as recommended by the inspec-
tor are being undertaken.
Sec. 13B-13.. Enforcement.
It shall be the duty of the city heal th officer or hi:-)
duly authorized r'epresentative to enforce the provisions of
this chapter and the regulations issued thereunder.. He may
enter any premises at any reasonable hour, with the owner's con-
sent, to inspect the individual sewage disposal system to deter~-
mine if it is functioning satisfactorily. Should for any rea-
son the owner I s consent not be obtained, the city health officer."
shall first obtain an inspection warrant pursuant to applicable
law.
Sec. 13B-l4. Appeals.
If an applicant or holder of a certificate of inspec-
tion is dissatisfied with any action or determination of the
city health officer pursuant to this chapter, he shall have the
right to appeal to the City Council, in writing, within ~en
days after notification of the action of the city health offi-
cer.. Upon receipt of said appeal, the City Council shall set
a hearing within thirty days. The appellant shall be given
notice thereof at the address shown on the application by
registered or certified mail. At the conclusion of the hear-
ing, the City Council shall render a decision which shall be
final..
Sec. 13B-15. Violations.
\
The construction, rebuilding, repair, use or maintenance
of any sewage disposal system in violation of the provisions of
this chapter or any regulation issued hereunder, or the con-
struction, rebuilding, repair, use, maintenance or occupancy
of any structure in which persons reside, congregate or are em-
ployed, which structure is not provided with a means of dispo-
sal of sewage by connection to a public sewer system or with a
sewage disposal system in compliance with the previsions of
this chapter and any regula,tions issued hereunder, which system
shall not be defective, is unlawful and 'constitutes a public
nuisance. The City Attorney, upon order of the City Council,
shall immediately co~nence action for the abatement, restrain-
ing and enjoinment of such violation in the manner prescribed
by law. The remedies provided in this section are cumulative
and shall not exclude other remedies for violation as provided
by other laws or ordinances."
Draft date: 1/17/74
4 .
\
Section 2. Separability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of a court of competent jurisdic-
tion, such decision shall not affect the validity of the remaining
portions of the ordinance. The City Council of the City of Tiburon
hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase thereof, irrespective
of the fact that anyone or more other sections, subsections, sentences,
clauses or phrases may be declared invalid or unconstitutional.
Section 3. Effective Date This ordinance shall take effect
and be in force thirty days after the date of passage, and before the
expiration of fifteen days after its passage, the same shall be published,
with the names of the members voting for and against the same, at least
once in a newspaper of general circulation published in the City of
Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon held on April 8th , 1974 I by the following
vote:
AYES:
Councilmen: Aramburu, Ross, Tayer
NOES:
Councilmen: None
ABSENT:
Councilmen: Ellman
ALBERT ARAMBURU
Mayor of the City of Tiburon'
ABSTAINED: Councilman Littman
ATTEST:
R.
Draft date: 1/17/74
5.
"\
.)RDlt;~N(:_R NO. 140 N.H.
,,:~N OHDINANcr (JE' THE CI'l'Y OF ex'T BUHC)'N ;U:':/~ONI~JG CERTAIN
PROPER~rY EH!WN j\~3 IvlOi.P.,y'T 'tTBrJR'JN SU3rjIVi.~;tON DNrrs 3
ANI?~_J:'RO~!__~~J2..:---_~-1~(~',_'~I~r!_ ~,_i,~.__(~!:~Nl~~~~,,_,~: Li~9I.:~!~. __r~!:~ ~~;. ~~__J:~~IJ?.:~!'JTI~L >__ZONE
ThE\ Ci 'y COdncj,.L ,~)f thr:~ c~~ ty o!~ T:i.buron does hereby
ordain as fol.Lov:L ~
SE'C t iorL 1. ,;p',(<ldmc:nt f Ze,ning r~ap. T~le Zoni ng ~-iap o~
th C . t ---'---C---;;-;--~'" ..,.-1"'1 -.-; ':: -7~;~~::-~~-~':';-'-b-~; --:;1:" ..,.'-:-r-:---,1_ h '-', f' , 1 ' . d "r . b d
e .1 -y 01.. l~!)u(;;., ,"";::> ,..t,.I..:.J.\.....c...., l (,Uangl.l1Q l,.. '-.O....Ov.lng ese. ,1 e
property from the RfD-l. ~one to ~he R-P (Planned Single Family
Residen't.i al) ZOf.L;':
DescrJ pti:JD ~ !-,10UN'r TTPURON SUBDI'1ISIOl'.1 UNITS 3 AND 4.
Sect~on 2. Sc~arability. Ii any section, subsection,
sentence-;--Ciau's~? of- phr,3--;:;(!.'- of-thi.~; o:r-din2nce is for any reason
held to be invEt.lid en:- nncons,ti tut.iona 1 by the c1ee isi.;.)n of a
court of competent jurisdiction, s:.lch decifiion shall not. affect
the validity of the remaining portions of the ordinance. The
City Council of the Ci t:/ of Tib'.1ron hereby declares that it would
have passed this o~dinancc, ~nd each section, subsection, sen-
tence, clause or phrase th~reof, irrespective of the fact that
anyone or more otll~r sections, subsections! sentences, clauses
or phrases may _)c; dec.la1.~cd invalid or unconstituti.onal.
Section 3. Effective Date. This ordinance shall take
effect ~intlbe in' f()r(3e'--fFiIrty-da~is a fter the date of passage,
and before t:hc expiration of fift,een days after its passage, the
same shall b(~ pl1bli ~::~hed, wi th the names of the members voting for
and against the same, at least cree in a newspaper of general
circulation published in the City of Tiburon.
PASSED AND '~J)OPTED at: a regular meeting of the City
Council of the Ci tv of Tiburon held on April 8th , 1974,
by the following 'vete: ---~,------~---
AYES:
(>')uncilmen: Aramburu, Littman, Tayer, Ross
NOES:
Conn!:, iImen: None
l\BSENT :
Coun~ilmen:
At 'B2RT A~BURU'
Mayor of the City of Tiburon
M -~-j l .:::. ;".--;; "". /C~ l"e-=--l-:.::-k>'~'~--' . ,---
..I .~.\ ~-A.':J .....J.,. I -z.... .
Draft date: 2/11/74
\
\
ORDINANCE NO. 139 N.S.
AN ORDINANCE OF THI CITY OF TIBURON AMENDING
ORDINANCE NO. 9 N~S., THE ZONING ORDINANCE,
BY ADOING SECTION lO-~.l, PROVIDING FOR THE
R-P (PLANNED SINGLE FAMILY RESIDENTI~L) ZONE
The City Council of the City of Tiburon does hereby
ordain as follows:
Section 1. Amendment. Ordinance No.9 N.S., The Zoning
Ordinance of the City of Tibuson, is hereby amended by adding .
Section 10-3.1 to read as follows:
"Section 10-3.1 R-P (Planned Single Family Residential) Zone
(A) Purposes:
This zone is established in order to:
1. Provide for the development of single family
residences in areas served by utilities, streets, schools,
recreation areas, and other necessary facilities1
2. Create conditions conducive'to a desirable resi-
dential environment, protect' it from be encroachment of
unrelated uses affecting the development of vacant land and
detrimental to existing residences, and limit the continuance
of such uses in existence in the area;
3. Allow the development of clusters of single-family
houses in rough terrain or in other situations where the
public interest does not require strict adherence to typical
subdivision and zoning standards for lot sizes and setbacks
except as a density control;
4. Insure light, air privacy and usable open spaces
for private residential living, and freedom from traffic
or fire dangers;
5. Assist in achieving the goals set forth in the
General Plan in terms of density, community facilities,
public open areas, and excellence of plan and design.
(B) Uses Allowed by Right;
1. One family dwelling;
2. Providing room and board for not more than one
paying guest in a single':"'family dwelling.
(C) Land and Structure Reg~~~~~ons:
1. Maximum building height shall be 30 feet or
2-1/2 stories.
2. Each dwelling shall have adjacent developed
private outdoor living area at least equal to 50% of the
Draft date: 2/11/74.
1.
\
total net floor area, exclusive of garage. One~half of
this'required area may be supplied by developed common
recreation areas.
3. Density shall be established by the Board of
Design Review and shall be based on the General Plan and
other applicable statements of City po1.icy, but in no case
shall it exceed two dwelling units per gross residential
acre.
(D) Procedures:
1. All developments are subject to Design Review in
accordance with this section and with Sections 11 and 20.
2. No land or road grading, improvements, or buildings
shall be made nor building or construction permits issued,
until designs have been approved as provided in this ordi-
nance.
3. Amendments to approved plans may be made in the
same manner as the original approvals."
Section 2. . Separability. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by ~the decision of a court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the ordinance. The City
Council of the City of Tiburon hereby declares that it would
have passed this ordinance, and each section, subsection, sen-
tence, clause or phrase thereof., irrespective of the fact that
anyone or more other sections, subsections, sentences, clauses
or phrases may be declared invalid or unconstitutional.
Section 3. Effective Date. This ordinance shall take
effect and be in force thirty days after the date of passage,
and before the expiration of fifteen days after its passage, the
same shall be published, with the names of the members voting for
and against the same, at least once in a newspaper of general cir-
culation published in the Ci y of Tiburon.
PASSED AND ADOPTED at ':l regular meeting of the City
Council of the City of T1h~.u:()n held on April 8th , 1974,
by the following vote: -
AYES:
Counci Imen : Aramburu, Li ttman, Ross, Tayer
NOES:
Councilmen: None
ABSENT: Co
___ ~ 0_.. --01
--- ALBERT A ~ -
Mayor of the City of Tiburon
ATTEST: ~
R. &aT' C1ty anag:r, Clerk
Draft date: 2/11/74.
2.
~~'\
ORDINANCE NO. 138 N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 11-1
OF ORDINANCE NO. 9 N. S~, THE TIBURON ZONING ORDINANCE, BY
REQUIRING BOARD OF DES IGN REVIEW A PPROVAL PRIOR TO THE
ISSUANCE OF A GBADING PERMIT
The City Council of the City of Tiburon hereby ordains as follows:
Section 1. Amendment. Section 11-1 of Ordinance No.9 N.S., the
Tiburon Zoning Ordinance, is hereby a~nded to read as follows:
'~ . Approval Required.
None of the following shall be done unless in compliance
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 so as to require a grading
permit.
(2) Construction or physical alteration of any structure in
the (R) residential zones so as to require 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."
Section 2. Separability. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance. The City Council
of tbe City of Tiburon hereby declares that it would have passed this ordinance,
and each section, subsection, sentence, clause or phrase thereof, irrespective of
the fact that anyone or more other sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
Section 3. Effective Date. This ~rdinance shall take effect and be in
force thirty days after the date of passage, and before the expiration of fifteen
days after its passage, the same shall be published, with the names of the members
voting for and against the same, at least once in a newspaper of general circu-
lation published in the City of Tiburon.
~SSEDAND ADOPIED at a regular meeting of the City Council of the City
of TiDUron held on December 10th, 1973, by the following uote:
AYES:
COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: None
Draft Date: 11/20/73
ORDINANCE NO.~N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON REZONING lANDS
OF RICHARDSON BAY IAND COM~~"Y AT CORNER OF LYFORD DRIVE AND ROUND HILL
ROAD FROM RO- 2 TO R PD- 2 ZONE
The City Council of ~~e City of Tlburcn does hereby ordain as follows:
Section 1. Amendment of Z;..1ni.IlBi ~~
The Zoning Map of the City of Tiburon is amended by changing the following des-
cribed property frQm the RO-2 (Residential-Open Zone, half acre) to RPD-2 Zone (Re8i-
dential Planned Development and Open Space)
DESCRIPTION
That certain real property situate ~n the County of Harin, State of California,
deacribed &8 follows:
BEGINNING at a point on the centerline of the 50 foot roadway and utilities
easement (now known as Round Hi 11 Road) described in the deed fraa ThaIIs .
De"ebach to Marin Municipal Water District recorded in Book 115 of Official
Records at Page 216. r_r1n County Records. said point being distant along
said centerline riorth 9053130" West (North 8'28. l-lest. recorded) 36.88 feet
from the intersection of the courses South 80281 East, 50 feet and South
17026' EAst. 50 feet mentioned in said deed; thence from said Point of
Beginning North 60015'50" West 142.05 feet. South 29044110u West, 174.50
feet. North 84049'30" West 45.29 feet and South 4fio48'3~M West. 111.59 feet
to the northeasterly 1 ine of the lands described in the deed to Reed School
District recorded in Book 673 of Official Records at Page 200. Marin County
Records. thence along said ~~rtheaste~ly line South 6~o15.50" East. 273.95
feet to the northwesterly line of the 5 foot road easement described in
the deed recorded in Book 1159 of Official ,Records at Page 572 Marin County
Records. thence along said nort~sterly line and its prolongation r~orth '
29044'l~. East, 97_43 feet to the centerline of the hereinabove mentioned
50 foot road way and utilities easement, thence along said centerline rlorth
0.61027130" East, 41.55 feet, !torth 51023' 3l)" East. 50.00 feet. North 20058' 30M
East. 25.00 fp.et, 'mrth l036f3~u East, 2S.on feet. North 3nol1'30~ ~e$t.
25.00 feet. North 18051'3011 West, 50.00 feet,. and \'Iorth 9053.30" West. 36.88
feet to the ~o1nt of Beginning.
Containing an area of 1.57 acres of land more or less.
Bearir.gs based on ~p of Red Hil1 Unit One,
recorded in Volume 10 of r~ps at Page 31.
Marin County Records.
Section 2. Separabili t~.
If any aectiont provision, sentence, clause or phrase of this ordinance i.)
for any rea.oDt declared to be in~alid, such decision shall not affect the validity
of the remaining sections, sentences, clauses or phrases of this ordinance, it being
the intent uf the City Council of the Ci ty of Tiburon that this ordlM.nce .hall .tand
notwithatandlDg the invalidity of such section, sentence, clause or phrase.
Section 3. Effective Date.
Thi8 ordinance shall take effect and be in force thirty day. after the date
of pa..a8e, and before the expiration of fifteen days after its pas.age the __
8hal1 be published, with the names of the members voting for and against the ....,
at least once in a newspaper of general circulation published in the City of Tlburon.-
~SSED AND ADOPTED at a regular meeting of the City Council of the City of
TiburoQ held on December 10th) 1973, by the following vote:
AYES: COUNCIDfEN: Araaburu, Becker, Fannin" Sennett
NOES': COUNCtLMEN: Litr.n
ABSENT: COUNCILMEN: None
Dated: 11/20/73
ORDINANCE NO. 136 N.S.
AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON
EXTENDING ORDINANCE NO. 127 N.S.
The City Council of the city of Tiburon does hereby
ordain as follows:
Section 1. Findi~ The City Council of the City of
Tiburon does hereby find" and declare that the following facts
are true:
(a) Subsequent to the adoption of Ordinance No. 127
N.S., on July 23, 1973, the Planning Conunission and the City's
Planning Staff have been, in good faith, and as expeditiously
as possible, conducting studies and holding hearings for the
purpose of preparing and adopting a housing element of the
City's General Plan.
(b) The housing element may be inconsistent with any
conversions of existing apartment houses to condominiums.
(c) In order to permit sufficient time for the Planning
Commission and City Council to receive, examine and act upon
the r~commendations of the Planning Staff, it is necessary that
the effect of the aforesaid interim zoning ordinance, No. 127
N.S., be extended for a period of eight (8) months, pursuant
to the provisions of Section 65858 of the Government Code of
the State of California.
Section 2. Extension. Ordinance No. 127 N.S. should
be, and is, hereby extended for a period of eight (8) months
from and after November 22, 1973.
Section 3. urgency. This ordinance is hereby declared
to be an interim urgency ordinance and is required for the
i.nunediate preservation of the public peace, health, safety,
comfort, morals and general welfare of the City of Tiburon and
its residents, for the reasons set forth above.
Section 4. Separability. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of a
court of competent jursidiction, such decision shall not
af~ect the validity of the remaining portions of the ordinance.
The City Council of the City of Tiburon hereby declares that
it would have passed this ordinance, and each section, sub-
section, sentence, clause or phrase thereof, irrespective of
the fact that anyone or more sections, subsections, sentences,
clauses or phrases may be declared invalid. or unconstitutional.
Section 5. Publication. Before the expiration of
fifteen days after the adoptIon of this ordinance, the same
shall be published, with the names of the members voting for
Draft date: 11/1/73
1.
and against the same, at least once in a newspaper of general
circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tiburon, held on November 12, 1973, by
the following vote:
AYES:
Councilmen: Aramburu, Fanning, Littm?n, Sennett
NOES:
Councilmen: Becker
ABSENT:
Councilmen: None
ABSTAIN:
Councilmen: None
ATTEST:
.@~ -
R. L. KLEINERT, CITY MANAGER/CITY CLERK
...
Draft date: 11/1/73
2.
'"\
ORDINANCE NO. 135 N.S.
AN ORDINANCE OF ,]~HE CITY OF TIBUEON A1'4~ENfJING CHAPTER 6 OF 'rHE
TIBURON MUNICIPAL CODE RELATING TO SALES AND USE Tl~X
The City Council of the City of Tiburon does ordain as follows:
Section 1.
Code is - amendecr-fo
Arnendmen t .
if: ad -:------
Section
6-8 of the Tiburon Municipal
ilSec.6-8. Sellers' Permit~~.
If a seller's permit has beerl issued to a retailer under
Section 6067 of the Revenue and Taxation Code, an additional
seller's permit shall not be required by this chapter.'f
Section 2. ~nendment. Section 6-9.1 is added to said chapter
t.O rea d '.:.---------.-'-.-.-- ....-------,-.--
II ~ e c :-..~.- 9 . l.~__. E.~ c 1. u s ~:::!:?_ ~j _.~~~_}~ x t::~~E!,i5?_l!_~. .
(a) The amount subject to tax shall not include any sales or use
tax imposed by the State of California upon a retailer or consumer.
(b) The storage, use, or other consumption of tangible personal
property, the gross receipts from the sale of which have been
subject to tax under a sales and use tax ordinance enacted in
accordance with Part 1.5 of Division 2 of the Revenue and Taxation
Code by any city and county, county, or city in"this State shall
be exempt from the tax due under this ordinance.
(c) There are exempted from the computation of the amount of the
sales tax the gross receipts from the sale of tangible personal
property to operators of waterborne vessels to be used or con-
sumed principally outside the city in which the sale is made and
directly and exclusively in the carriage of persons or property
in such vessels for commercial purposes.
(d) The storage, use, or other co~sumption of tangible personal
property purchased by operators of waterborne vessels and used or
consumed by such operators c!.i ~~estl~/ ?Inn exclusively in the
carriage of persons or property of such vessels for commercial
purposes is exempted from the use tax.
(e) There are exempted from the computation of the amount of the
sales tax the gross receipts from fuQ sale of tangible personal
property to operators of aircraft to be used or consumed princi-
pally outside the city in which the sale is made and directly and
exclusively in the use of such aircraft as common carriers of
persons or property under the authority of the laws of this State,
the United States, or any foreign qovernment.
(f) In addition to the exemptions ?rovided ill Sections 6366 and
6366.1 of the Revenue and Taxation :ode, the storage, use, or
other consumption of tangible perscnal property purc:lased by
operators of aircraft and used or ~onsumed by such operators
Draft date:
9/7/73.
1. .
directly and exclusiv(:,:ly in th,,~ u~;e of such aircraft as common
carriers of persons or property for hire or compensation under a
certificate of public convenience and necessity issued pursuant
to the laws of this State, the United States, or any foreign
government is exempted from the use t.ax."
Section 3. Amendment. Section 6-9.2 is added to said chapter
to read: ------,.
"Sec. 6-9.2. Application of Provisions R(~lating to Exclusions
and ~~~t,io~~~=---_ ~,______'_
(a) Section 6-9.1 of this c .apter shall bec'ome operative on
January 1st of the year fol'tc'ling the year i1' whi~h the Sta'te
Board of Equalization adopts an assessment ratio for state-
assessed property which is identical to the ratio whioh is re-
quired for local assessments by Section 401 of the Revenue and
Taxation Code, at which time Section 6-9 of this chapter shall
beoome inoperative.
(b) In the event that Section 6-9.1 of this chapter becomes
operative and the State Board of Equalization subsequently
adopts an assessment ratio for the state-assessed property which
is higher than the ratio which is required for local assessments
by Section 401 of the Revenue and Taxation Code, Section 6-9 of
this chapter shall become operative on the first day of the month
next following the month in which such higher ratio is adopted, at
which time Section 6-9.1 of this chapter shall be inoperative
until the first day of the month following the month in which the
Board again adopts an assessment ratio for state-assessed property
which is identical to the ratio required for local assessments by
Section 401 of the Revenue and Taxation Code, at which time Section
6-9.1 shall again become operative and Section 6-9 shall become
inoperative."
Section 4. c.~rative Date. This ordinance shall be operative
on January 1, 1974.- -----
Section 5. Separabil~t~. If any section, subsection, sentence,
clause or phrase of this ord~nance is for any rea~on held to be invalid,
such decision shall not affect the validity of the remaining portions
of this ordinance. The City Cour~il of the City of Tiburon hereby de-
clares that it would have adopte0 the ordinance and each section, sub-
section, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases may
be declared invalid.
~9ction 6. Effective Date: Publication. This ordinance relates
to taxes for the usual and current ex'penses of' the Ci ty, and shall take
effect immediately. Within fifteen days after its passage, the same shall
be publish~d~ 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 Ci ty of Tiburon held on September 24th , 1973, by the following
vote: -.---.---.-----.-
Draft date: 9/7/73
2 .
AYES:
Councilmen~ Aramburu, Becker, Fanning, Littman, Sennett
NOES:
Conne i Imen: None
ABSENT:
Councilmen: None
"
ATTES11:
./~ ~ /
. ~.",f/::b~
_._----,..._.__.._-....-:------_._----~--~-----'-
BERT BALMER, Clty Manager/Clerk
Draft date:
9/7/73.
3.
ORDINANCE NO" 134 N.5.
AN ORDINANCE OF THE CITY OF TIBURON REZONING
LANDS OF EAVEY FROM RPD-I TO RPD-2
I."
I.
f
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Amendment of Zonini Map_ The Zoni:1g Map of the City of
Tiburon is amended by changing the fo LOWIng described property from the
RPD-1 zone to the RPD-2 zone:
BEING A PORTION of the Rancho Corte Madera Del Presidio, described
as follows:
BEGINNING at a point on the Southeasterly line of that certain
tract of land described in the Deed from John J. Reed to Clothilde
J. Reed, recorded December 2, 1899 in Liber 58 of Deeds, at page
168, Marin County Records, distant thereon North 340 42 East
(California State Highway Meridian, Rancho Meridian being North
340 15' East) 704.774 feet from its intersection with the North-
easterly right of way line of California State Highway as approved
on June 16, 1930 and shown on plan designated District IV, Marin
County Route 52, Section Ai running thence North 400 28' West
964.088 feet, North 450 09 West 65.0 feet, North 400 00' East
1070.0 feet and South 480 30' East 910.0 feet, more or less, to
the Southeasterly line of the tract of land described in the above
mentioned Deed; running thence on a straight line bearing South
340 42' West (California State Highway Meridian Rancho Meridian)
1210.0 feet, more or less, to the point of beginning.
CONTAINING 25.0 acres, more or less.
Section 2. ~arability. If any section, subsection, sentence,
clause of phrase 0 t is 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 ordi-
nance. The City Council of the City of Tiburon hereby declares that it would
have passed this ordinance, and each section, subsect~on, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more other sections,
qubsections, sentences, clauses or phrases may be declared invalid or uncon-
stitutional.
Section 3. Effective Date. This ordinance shall take effect and be
in force thirty days after its passage and before the expiration of fifteen
'aY8 after its passage, the same shall be published, with the names of the
~mbers voting for and against the same, at least once in a newspaper of
general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on september 11th , 1973, by the following vote:
AYES:
NOES:
ABSENT :
Councilmen: Aramburu, Becker, Fanning, Sennett
Coune i lmen: None
Councilmen: Littman
ATTEST:
~~d
, ~ERT SA R, City Manager/Clerk
\ raft date: 7/19/73
Tiburon
ORDI:JAiJC:8 ao. 132 r1. S .
Ail ORDIi-JANCE OF THS CITY COUNCIL OF THE CITY OF
TI3UROiJ AIiEHDING SECTION 15 OF ORDINANCE I~O. 9 1:J. S. ,
THE TIDUROiT ZO:!IHG ORDINANCE, BY PROVIDING EXCEPTIOJ'!S
TO HOi1-COHFOR:~IIi~G STRUCTURES
The City Council of the City of Tihuron herehy ordains as follows:
Section 1. Amendment. Section 15 of Ordinance no. 9 P.S., of
Tiburon Zoning Ordinance, is hereby ~ended by adding ~aragraph (F) to
read as follot-ls"
rt(F) This section shall not apply to any enlargement,
alteration, or extension, which is required by law, by
order of the City of Tiburon or .other governmental agency
having jurisdiction, or 'uhich is Made in an R-l or R-2
zone to a non-conforming structure having a non-conformity
,~hich consists solely of a failure to observe the parcel
area, lot area, lot width, or yard area regulations where
such enlargement, alteration or extension conforms in its
entirety to the land and structure regulations for that
zone. !.
Section 2. Separability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of a court of cOMpetent jurisdic-
tion, such decision shall not affect the validity of tile rerlaining
portions of the ordinance. The City Council of the City of Tiburon hereby
declares that it ~ould have passed this ordinance, and each section;
subsection, sentence, clause or phrase thereof, irrespective of the fact
that anyone or more other sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
Section 3. Effective Date. This ordinance shall take effect and
be in force thirty days after its passage and before the expiration of
fifteen days after its passage, the 3ame shall be published; with the
names of tile me~iliers voting for and against the same, at least once in
a newspaper of general circulation published in the City of Tiburon.
PASSED N~D ADOPTED at a regular ~~eting of the City Council of
the City of Tiburon held on August 27th ,1973, by the following
vote:
AYES:
COUHCILIlEN: Becker, Fanning, Littman, Sennett
NOES:
COUNCIL: lEll ;: None
ABSEUT:
COUNCILllEN: A ramburu
ATTEST:
Hayor
!&tt8tU?mlA6
BERT DALllER, C ty 1 !anager/Clerk
Draft Date 8/7/73
OROINANCE NO. 131 ___N. S.
AN ORDINAi..J'CE OF THE CIT\' COUNCIL OF THE CITY OF
rrBURON REZONING A PORTION OF' THE LA.NnS OF NEILL
S~lTH FROM RO-l TO A-2 IN THE GIll OF' T~:~1.LR.2!i:-
The City G,,~,m.cil of the Cl.ty of ribur\)1i do~~s hereby ordain as
follows:
Section 1. Amendme11t of Zonir.~ Hap,.
the Zoning Hap of the City of 1'ib1.lro1.1 is a!!lended by changi\lg the
following described property from. thE~ .~O-I (Residential Open Zone) to A-2
(Limited Agricultural):
That certai.n real p-roperty situated 11\ the Countv of Marin, State of
Californiat described 3S f011ow~~ .
Description - Par~el 03
Beginning at a point on the northe4,sterly 1 ine of the ff Small Reed
Ranch" as conveyed by J'ohn J. Ref.:d to Clothilde .Josephine Reed by
deed dated November 21, 1899 and recorded in Book 58 of Deeds at
Page 168, Marin County Records, said point being distant on said line
S 45051 t E 45 feet from the intersection t ':-:,:rC'of wi.th the southeaster-
ly line of the lands conveyed by Hercu10s Powder Company to T. A.
Kilgore by deed recorded January 26, 1925 in Book 64 of Offtci3.1
Records at Page 3941 Marin County Hecorus; and running th€:nce S '-1400(')1
, 900 feet and N 45'1511 W 1525 feet more or 1ess to the ~ot!t:het\ste.rly
line of the lands shown on that certain Record of Surv~y ent;Lled
"Tiburon Propertiestf recorded September 6, 1950 in B{)OK 2 of Official
Surveys at Page 158, Mar in County' Records; thence al ~)ng said last
mentioned southeasterly line N 44009' E (shown as N 44036' E on said
Record of Survey) 401 feet to a point; thence N 4Sc51' W 255.816 feet,
. S 34013' W 184.579 feet, N 24001'30" W 606.26 feet, N 30003' E 163.181
feet; thence on a curve to the right whose center 'h€~ars S 59() 57' E of
radius 50 feet through a central ahgl~j of 119()42' tor an arc distance
of 104.458 feet; thence S 3001S'f 2J9.733 feet; th'~:lee on a curve to
the right whose center bears S SH()4-5' Vi of radius 20 feet through a
central anJi{le of 41 "?1:' 30" for al ar(~ distance of 14.454 feet to a
point of reverse curvature,: theacc on a curve to the 1 eft whose cen~_._.
bears S 78050r 30t. E of radius .1:0 feet through a centr:.d }lngle of
262049' 00" for an arc distance 01 183.48) feet tCi a point of reverse
curvature; thence on a curve to the ri.gbt whose ,>~n'ter bears N 18020 t 3("';
E of radius 20 feet through ? ;:~en"'tral angle 01 41 "24' ~10H for an arc
distance of 10.1:.454 feet; tt,enCF; N 30')lE;; 'II 219,733 feet; thence on a
curve to the Ie ft whose center bE;ars S 59tt 45 f W of radius 100 feet
through a central angle of 78052' for an arc dist ;1~1ce of 137.648 feet
to a point; thence N :i6022'20lf Vi 446.792 feet. N.43-47'40" E 160.425
feet, and S 45051' E 2834.041 feet more or les~ to the poi.nt of 00-
~ ginnIng.
Containing an area of 43.31 acres of land mo~c or lesG.
Section 2. ~eparabilitv~
If an),' ~ecttOJl., provision, sentence, clause or phrase of this ordina.nce
is, for any reaec'Ll, d~cla:red to be invalid, such decision shall not affect the
validity of the remaining sections, sentences, clauses or phrases of this ord-
inance, it being the intent of thf.~ City C01..H.1Cil of tbe Ci,ty of Tiburon that
this or'.: inance shall stand notwithstanding the invalidity of such section.
sentence, clause or phrase~
Draft date 2/20/73
I ;)
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty days after the
date of passage, and before the expiration of fifteen days after its passage
the same shall be published, with the names of the members voting for and
against the same, at least once in a newspaper of general circulation pub-
lished in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tiburon held on August 13th ,1973, by the following vote:
A YES :
COUNCILMEN: Becker, Fanning, Littman, Sennett
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN: Aramburu
Mayor
ATTEST:
e~t iJdYiLLV
BERT BALMER, CITY CLERK1MANAGER
Draft date: 2/20/73
Revised draft date: 8/14/73
)
ORDINANCE NO. 130 N.S.
AN ORDINANCE OF TIlE CITY OF TIBURON AMENDING ORDINANCE NO. 9 N. S.
BY ADOPTING PREZONING OF CERTAIN PROPERTY TO THE A-2 ZONE EFFECTIVE
UPON ANNEYATION TO THE CITY OF TIBURON.
The City Council of the City of TibLron does hereby ordain as follows:
S~ction 1. Adoption of Prezoning.
Ordinance No.. 9 r.. S., tbe ZonIng OrdiL~nce of the City of T1buroll Is
hereby amended by adopt1r~ prczoning of the following d~~cribed property to
tbe A-2 Zone effective 'upon anr.e~a.tion to the City of TlhU1"on.
That certain real pro?et:ty sit..tated in the County of Marin, State of
Cali'forni~t described as follows;
neecrlption - P~e]. ..(!}.,
Bellnning at ft point o,n the nortl4~rly I ine of Pa.1.adise Drive (former-
ly Tiburon Boulevard) ~s descr1.1>ed in the deed from John J. Reed to
Karin County recorded t~U~ust ,2 J 1898 in Volume 52 ot Deeds at Page 150 t
Marin County Records, said point' being on the westerly line of the
parcel designated as "Parce: Oneu nnd des~rj bed in the d!ed from
Paradis. Land Company to Br-ende1.-Ca~n Associates, a co-partnersbip.
recorded in Book 1491 of Offtcial Records at Page 552.. Marin County
Records; and running thence along said westerly line N 46000' E
1045.696 feet more or less to a concrete monum~nt marking tbe point
of beglDUlnr: of the parcel designated as "Parcel Three" and del!lcri~,.l'
in the aforesaid last mentioned deed, s~id point being also on the
southerly line of Tide Lot 41 Snctton 31, TO\4::nship 1 Nortb, Range 5
West. Mt. Diablo Ba~~:a and M~ridi2,n, as 9hown on HMap No. 1 of Sal t
Marsh and Tide Landf-1 situnte in the County of Martn, State of Califer-
ala"; thence across sald tide lot Ii 28"21' E 613.80 feet more or less
to the line of 9 feet Of water at the lowest stage of the tide being
a1&0 the nortberly line of said Tide Lot No.. 4 and the southerly
Corporate Limits of the City of Tiburon, St~te ofOll1fornla; thence
along the nathel~iy Itne of said Tide Lot No. 4 and Tide Lot No. 3 alH:
said Southerly Corpo:ntc L~mit S 39-15t E 159.76 feet, S 59-00' E
1017.12 feet and S 4.5-3;)' E 583.107 feet more or less to the' most
eaaterly corner of tL\~ p~rcel designated as "Parcel Two" and descrit:v.:'
in said aforementj,onf~d deer} \.0 Brendel-Cann Associates recorded in
Book 1491 of Official Records at pare.552" Aiarin County Records, and
running thence across TiJ(~' Let N'o. 3 S 63 00 t W 278.. 728 feet aore or
1es8 to.8 point on the ::Joutharly lin€ of Tide Lot No.3; thence alon,::r
the southerly line of Tide Let 3 ;.; 42.15' TN 42.97 feet, N 23-45' W
237.60 feet, N 19~15t W 12<60 te~~ N 4A.OO' W 159.72 feet and N 83.4fi'
W 73.26 feet to the rn,Qst v"=?s~e!'"l'>/ c~orner of the p:lrcel described in
the deed from Pl"'ime fl..rca ,Dt:'velop;'",>nt ~C,)mrany to .3anttary District NCt. ;,
· of Karin County recoraed in nook ~2S3 of Official Records at Page 49,
Marin County Records; thence along th~::; southwesterly line of said last
aentioned parcel S 7f2~~'50" E 313..748 feet f!'I0re or less to a point on
the northerly Itr:e of the pn.,''''eel de;;:;.igna~cd as "Pnrcel I" and des-
cribed in the herei'h a ~"~)vement ioned fdeed to Bren.del-Cann Associates
recorded in Book 1491 of Official Rcco~ds at p~~~ 552. Marin County
Records; thence ~l~ng said northerly line S 62.35' W 169.00 feet more
or less to the northerly line of Parzdise Oriv~ ~s described in the
above first mentioned dc~d ar.d as realigned by deeds recorded in Book
1880 of Official Records at Pa4e 215 and in Book 18~O ofCfficial
Records at PtAge 247, both Marin Ccunty Records, thence along said
IlOl't~r~, line Dnd realigned northel."ly line N 14 '01' W 13.64 feet,
R 46 01 . 100.85 feet, N 69045'35" W 232.71 feet, S 59047' Vi
144.965 teet. N 53030' W 95.174 feet, S 16QOO' W 44.00 feet S 6035'
E 69~68.feet, S 83000' W 157.19 feet, S 620 25' W 81.22 feet,
S 54 45 "0 69.67 feet, S 42030' 51" 11' 2~O, 39 feet, S 67045' lI' 128.34
teet_ N 72 05'43" W 229.46 fcett and N 12010t W 31.049 feet to a
:Oin!;t~ence leaving said nortberly liue N 21045' E 149.495 feet,
71025 W 115.79 feet, on a curve to the right whose center bears
~ 18 35' E of r2;dius 95 f~et through a centrsll angle of 31029'36"
or an arc distance of 52.22 feet to a point; thence S 46000'W
;::;08 feet, ~ 65'53'44'- w 113.?5 feet, and,S 46'00' W 142.08 feet
or less to the QOrth~rly Ilne of Paradlse Drive. thence along
.aid northerly line N 4. .33' W lO.6S feet and N O'lS: E 48.0ifeet .
.ore or less to the poi nt of begiLni[:g. .
Containing an area of :n.75 &cre" of land more 0" less'(page 1)
~.........-"...---
.vubC~l.~t IVA} .~ f",,;U. t..:.~d 1.. t'&;
.
Beginning at a point on the northeasterly line of the "Small Reed
Ranch" as conveyed by John J. Reed to Clothilde Josephine Reed by
deed dated November 21, 1899 and recorded in Book 58 of Deeds at
Page 168, Marin County Records, said northeasterly line being also
the Corporate Limits of the City of Ttburon, State of California,
said point being the intersection thereof with the southeasterly
line of the lands conveyed by Hercules lbwder Company to T. A.
Kilgore by deed recordeJ Janu~~y 26, 1925 in Book 64 of Official
Records at Page 394, Marin County Records; and running thence along
said Corporate Limit line S 450S1f E 2013.94 feet more or less to
the southeasterly line of the former Reed Tract, being the boundary
between the lands forme~ly belonging to John J. Reed and the lands
formerly belonging to Benjamin Lyford, as said boundary was established
in the original parti t:.on of the Rancho Corte Madera del Presidio;
,thence along said boundary N 33027t E 925.64 feet more or less to the
southerly line of Paradise Drive ~"':)rmerly Tiburon Boulevard) as
described in the deed from John J. Reed to Marin County recorded
August 2, 1898 in Volume 52 of Deeds at Page 150, Marin County
Records; thence along said southerly line of Paradise Drive N 18027' W
9.18 feet, N 29045' E 124.54 feet, N 19055' E 132.90 feet, N 11048' W
166.49 feet, N 7010' E 167.63 feet, and N 69053' W 69.64 feet more or
less to a point on the boundary of the ~rcel designated as "Parcel
J" and described in the deed from Paradise Land Company to Brendel-
Cann Associates, a co-partnership recorded in Book 1491 of Official
Records at Page 552, Marin County Records; and running thence along
the boundary of said "Parcel .I" S 17018' W 344.96 feet to a 6 inch
round conCl't,,~ lU\~';:i.;.mo:lt tagged L. S. 2535; thence cont inuing S 64025'
W 311.50 feet, S 500S' W 164.00 feet, a.nd S 63c47'10H W 359.171 feet
to a 6 inch round concrete monument tagged L.S. 2535 in an existing
fence line; thence continuing N 23057' W 418.333 feet, N 46010' E
· 274.00 feet, N 11048' W 275.00 feet, and N 54040'23" W 94.62 feet
more or less to the alorementioned southerly line of Paradise Drive;
thence along said southerly line S 52083' W 162.67 feet, S 87035' W 86.34
feet, S 75041' W 77.52 feet, S 31014' W 87.42 feet, N 87028' W 83.56
feet, N 13031t W 95.35 feet, N 20055' W 63.97 feet, N 60028' W 73.07
feet, and N 55018f W 38.89 feet more or less to the boundary of the
parcel designated as "Parcel An and described in the hereinabove men-
tioned deed to Brendel-CarHl Associ.ates; thence along said last men- .
tioned boundary S 80037' W 299.35 feet, and N 41033' W 41.35 feet to
the aforementioned southerly line of Paradise Drive; thence along said
southerly line N 41033' W 122.94 feet and N 0018' E 17.429 feet more
or less to the hereinabove mentioned southeasterly line of the lands
conveyed to T. Av Kilgore; thence along said last mentioned southeaster-
ly line S 46000' W 265~OO :feet mor \ or less to the point of beginning.
Containing an area of ~?7 .,13 :'tCrE'S of l~nd more or less.
~~~1.~!1 2."
~A""."'~, .,.: ':l:i L ';
.....,~-~~~..
If any section, provision, sentence, clat~e or phrase of this ordinance
is, for any reason, declared to be invalid, such decision shall not affect the
validity of the remaining sections, sentences, clauses or phrases of this ordinance,
it being the intent of the City Council of the City of Tiburon that this ordinance
shall stand notwithstanding the :7,nvalidity of such section, sentence, clause or
phrase.
Section 3. Effective Date.
This ordinance shall take effect and be in force thirty days after the
date of passage, and before the expiration of fifteen days after its passage the
same shall be published, with the n~mes of the members v~ting for and against
the same, at least once in a newspaper of general circulation published in the
~ity of Tiburon.
Draft date: 2/20/73
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon on August 13, 197~, by the following vote:
AYES:
COUNCIL~EN: Becker, Fanning, Littman, Sennett
NOES:
COlmCILMEN: None
ABSENT:
COUNCILMEN: Aramburu
BRA1TWEI;L' FANNING
Mayor of the City of Tibu
ATTEST:
(g;.J,~t .J$d~/
Bert Balmer, Ci.ty Manager/Clerk
Draft date: 2/20/73
Revised date: 8/13/73
- 3 -
ORDINANCE NO. 129 N.S.
AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER 13B TO
THE TIBURON MUNICIPAL CODE TO PROVIDE FOR THE
PRESERVATION OF HISTORIC LANDMARKS
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. Amendment. The Tiburon Municipal Code is hereby
amended by adding Chapter 13B, to read as follows:
"CHAPI'ER 13B.
HISTORIC LANDMARKS.
Sec. l3B-l. Purpose of chapter.
The purpose of this chapter, which is adopted pursuant
to Section 37361 of the Government Code of the State of Cali-
fornia, is to promote the general and economic welfare of the
City of Tiburon by preserving and protecting those places,
sites, buildings, structures, works of art and other objects
having a special historical, cultural or aesthetic character
or interest for the use, education and view of the general
public, and to remind all citizens of this city and visitors
from elsewhere of thehistorical background of the City of
Tiburon.
Sec. l3B-2. Advisory landmark committee - Establishment.
The Tiburon Advisory Landmark Committee shall be esta-
blished by resolution of the city council, which resolution
shall provide for the number of persons composing said commit-
tee, the terms for which persons shall serve on said committee,
conduct of the affairs of said committee, and assistance to the
committee by officers and emlloyees of the city.
Sec. 13B-3. Designation of historical landmarks - Procedure.
The advisory landmark committee is hereby authorized
and directed to receive and act upon applications from any in-
terested persons to investigate and designate places, sites,
buildings, structures, works of art and other objects within
the incorporated lLmits of the city as having historic, cultu-
ral, aesthetic or other special character or interest, and
being worthy of consideration for protection, enhancement or
perpetuation as such. Such designation, together with any con-
ditions imposed in connection therewith, shall remain and be in
effect for a period of 180 days only and thereafter shall be of
no force and effect unless prior to the expiration of said
period of 180 days) the city council shall have set a date for
a public hearing, advertise the same once in a newspaper of
general circulation in the city at least ten days prior to the
date set for said public hearing, and shall have confirmed the
action of the advisory landmark committee within the said 180
day period as to said designation and the conditions or any of
Draft date: 1/16/73
1.
them imposed in connection therewi.th. In cases where private
property is the subject of the hea.ring~ notice shall be served
by mail upon the owner and lienholders of record of said pro-
perty at least ten days prior to the date set for said public
hearing.
Sec. l3B-4. Planning ~ommission - Reference to and report by.
Upon receipt of any application for designation of any
place, site, building, structure, work of art, or other object
within the incorporated limLts of the city as an historical
landmark by the advisory landmark cOfI'Jllittee, sai.d committee
shall refer said application to the planning commission of the
city with a request for a report and recommendations with regard
to such designation, which report and recommendations may in-
clude any and all observations, information and reconnnendations
as to necessary or desirable conditions in connection therewith
which appear desirable to the planning commission upon considera-
tion thereof. Said report may include but shall not be lL~ited
to, such matters as compatibility with the general plan, general
public interest, zoning, traffic or other problems which may
appear to be affected by or created by the proposed designation.
No action shall be taken by the advisory landmark committee
within less than five days following receipt of said report
from the planning commission. Follo'tving any action recommending
the designation of any place, site, bui.lding, structure, work of
, art or other object as an historical landmark, the report and
recommendation of the advisory landmark committee shall be for-
warded to the city council, which shall thereafter set the
public hearing thereon as provided herei.n. The report of the
planning conunission shall be forwarded to the city coune,il to-
gether with any report or recommendation by the advisory land-
mark committee.
Sec. 13B-5. Stan:iards to b~ applied in de,signating historical
lane marks.
In design :_ing any place, site) building, structure,
work of art or 0 '~h~r object as being of historical, cultural,
aesthetic or ot1o -':.. special '-haracter or interest, and worthy of
protection uncle this chapter', the advisory landmark committee
and the city cc _L~il shall be subject to the following express
standards:
(1) The landmark design~:ted shall have historical, cul-
tural, aesthet - or special character or interest for the general
public and not Je limited only in i.nterest to a special group of
persons.
(2) Thf designation of such as a landmark hereunder
shall not be d tr~ental to the general welfare of the community.
(3) Thp designation of such landmark shall not require
the expenditurl! of an unreasonable amount of money to carry out
the purposes O~~ this chapter. In applying this provision it is
the intent of i:his chapter that whenever a landmark proposed to
be so designatf!d is private property, expenditures for its up-
keep, preservation, maintenance and protection shall be made by
the owner ther!~of in all but the most exceptional cases. If
upon careful r~view by the, advisory landmark conunittee it is
Draft date: 1/16/73
2..
proposed that public funds be expended for the preservation,
restoration, maintenance or protection thereof, or any other
purpose in connection with said designation, the recommenda-
tion made by said committee to the city council shall set
forth that fact, and shall set forth in full the reasons
therefor, and shall include a statement setting as accurately
as possible the estimated cost in public funds, which would
be so involved. The city council, in acting upon said pro-
posed designation, shall also determine whether the expenditure
of public funds in connection therewith is justified. In the
event that such designation would be ineffective for the pre-
servation, restoration or protection of the proposed land-
mark, without such expenditure, and the city council determines
that said expenditure is r:ot justified, the place, site, buil-
ding, structure, work of art or other object, which is the
subject of the proposal, shall not be designated an historical
landmark.
(4) The designation of such landmark shall not infringe
upon the right of a private owner thereof, if such there be, to
make any and all reasonable uses of such landmark which are not
in conflict with the purposes of this chapter.
Sec. l3B-6. Conditions of designation.
The advisory landmark committee shall temporarily
impose and recommend to the city council for permanent adop-
tion any or all of the following types of conditions it deems
best suited to carry out the purposes of this chapter. Such
imposition and recommendation may be made either in connection
with t he original designation of the landmark or at a later
date when circumstances appear to justify the imposition of
additional conditions. Pending action of the city council,
such conditions shall remain in effect for a period of ,180
days from and after action of the committee. If the city coun-
cil does not take action upon such conditions they shall be of
no further force.and effect after the termination of the said
180 day period. The city council may set a public hearing to
be advertised once in a newspaper of general circulation in
the city at least ten days prior to the date of such hearing.
In all cases where private property is the subject of the
hearing, notice of the hearing shall be served by mail upon
the property owner and li€nholders of record of said property
at least ten days prior to the date set for said hearing.
The city council, before acting on the recommended conditions,
shall give notice to the owner and lienholders of record of
the subject property as herein provided. At such hearing the
city council may approve, modify or disapprove the conditions
to be imposed. The action of the ci.ty council shall be final
and shall take effect immediately.
Sec. l3B-7. Conditions that may he imposed.
The types of conditions that may be imposed pursuant to
Sec. 13B-6 above are as follows:
(1) Demolition, removal, or destruction, either in whole
or in part, may be prohibited unless express consent, in writing)
Draft date: 1/16/73
. 3.
is first had and obtained from the advisory landmark committee.
Such consent may impose all reasonable conditions deemed appro-
priate by the committee to accomplish the purposes of this chap-
ter.
(2) No permits shall be issued by any city department
for any alterations, re,pairs, additions or changes, other than
normal maintenance and repair work unless and until all plans
therefor have first been reviewed by the advisory landmark com-
mittee and approved, or approved as modified, and such reason-
able conditions may be imposed as deemed necessary. All such
work shall be done under the direction and control of the advi-
sory landmark committee or other qualified persons designated by
it for such purpose; provided, however, that conditions imposed
as a condition of approval of alterations, repairs, additions
or changes shall be final when imposed by the advisory landmark
committee, and unless they affect conditions imposed by the
council need not be reviewed by the city council as in Sec~
13B-6 hereinabove provided.
(3) That only certain specified uses may be made or that
certain specified uses shall be prohibited.
(4) That no buildings or structures exposed to public
view within a specified distance may be placed, erected, moved,
altered, enlarged or removed, other than normal maintenance and
repair work, without approval and in accordance with reasonable
conditions imposed where deemed necessary by the advisory land-
mark committee.
(5) That if the landmark to be designated is a building,
said building shall be open to the public at such reasonable
times and intervals as shall be determined by the advisory land-
mark committee.
(6) Any other reasonable requirements, restrictions or
conditions deemed necessary by the advisory landmark committee
to meet special or unique circumstances affecting the subject
place, site, building, structure, work of art or other object.
Sec. l3B-8. Funds.
The advisory landmark committee, or other interested per-
sons, may petition the city council for funds necessary to carry
out the purposes of this chapter. The city council may expend
all reasonable sums needed to carry out the purposes of this
chapter or to acquire fee title or such lesser ownership rights,
or easements, as it deems necessary or expedient to carry out
the purposes of this chapter.
Sec. 13B-9. Appeals.
Any person may appeal in writing to the city council from
any action of the advisory landmark committee by filing notice
of such appeal with the city clerk within 15 days from the date
of such action, and the city council shall set a public hearing,
notice of which shall be duly advertised once in a newspaper of
general circulation in the city, at least ten days before the
date of such hearing to consider such appeal. In all cases
where private property is the subject of the action which is
Draft date: 1/16/73
4.
appealed from, notice of the hearing shall be served by mail
upon the owner and lienholders of record of said property at
least ten days prior to the date set for said public hearing.
At said hearing the city council may affirm, modify or set aside
any or all such actions of the advisory landmark committee.
Sec. l3B-lO. Enforcement.
Any building or structure set up, erected, constructed,
altered, enlarged, converte~, moved or maintained contrary to the
provisions of this chapter, or any permit issued hereunder, and
any use of any land, building or premises established, conducted,
operated or maintained contrary to the provisions of this chap-
ter, or any permit issued hereunder, shall be, and the same is,'
hereby declared to be unlawful and a public nuisance; and the
city attorney shall, upon order of the city council, commence
action or proceedings for the abatement and removal and enjoin-
ment thereof in the manner provided by law and the ordinances
of this city and shall take such other steps and shall apply to
such courts as may have jurisdiction to grant such relief as
will abate and remove such building or structure, and restrain
and enjoin any person, firm or corporation from setting up,
erecting, building, maintaining or using any such building or
structure or using property contrary to the provisions of this
chapter. The remedies provided for herein shall be cumulative
and not exclusive. All costs relating to the enforcement of the
provisions of this chapter shall be borne by and recoverable
from the person or persons in violation thereof.
Sec. 13B-ll. Penalties.
Any person, firm or corporation violating any of the
provisions of this chapter shall be deemed guilty of a misde-
meanor and upon conviction thereof shall be fined in an amount
not exceeding Five Hundred Dollars ($500000) or be ~prisoned
for a period not exceeding six (6) months or be both so fined
and ~prisoned. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be
punishable as such hereunder.."
Section 2. Separability. If any section, subsection, sen-
tence, clause or phrase of thjq ordinance 'is for any reason held to
be invalid, such decision shall not affect the validity of the re-
maining portions of this ordinance. The City Council of the City of
Tiburon hereby declares that it would have adopted the ordinance and
each section, subsection, clause or phrase thereof, irrespective of
the fact that anyone or more sections, subsections, sentences,
clauses or phrases may be declared invalid.
Section 3. Effective Date. This ordinance shall take effect
and be in force thirty days 'atter its passage, and before the expira-
tion of fifteen days after its passage, the same shall be published,
Draft date: 1/16/73
s.
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 T1bu~on held on July 23, 1973, by the following vote:
AYES:
Councilmen: Aramburu, Fanning, Sennett
NOES:
Councilmen: Littman
ABSENT:
Councilmen: Becker
if?r:P7d-N(/~~'
, BBANWELL FANNING II.Z
*yor of the City of Tib,n
A rmST:
UlIaL
BERT BALMER, City Manager/Clerk
Draft Date 1/16/73
ORDINANCE NO. ~ N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING
SE~TION 5a(iil~OF ORDINANCE NO. 93 N.S.
lows:
The City Council of the City of Tiburon does hereby ordain as fol-
Section 1. Amendment. Section 5a(ii) of Ordinance No. 93 N.S.,
heretofore amended by Ordinance No. 101 N.S., is hereby anended to read as
follows:
"Section Sa (i1). 'Application for Permit. Applications
for permits may be made only by a resident of the cities
of Tiburon or Belvedere who owns or will own the horse
as to which a permit i~ sought, or if he is not a resi-
dent, owns the land upon whieh the horse is to be kept
and maintAined. If the applicant is not also the owner,
or a member of the ~ediate family of the owner, of the
land on which the horse is to be kept and maintained,
the application shall disclose the 'name and address of
such owner, and shall be co-signed by said owner."
Section 2. ~arabilitY. If any section, subsection, sentence,
~ause or phrase 0 t is ordinance is for any reason held to be invalid or
:onstitutional by the decision of a court of competent jurisdiction, such
oecision 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 ~ach section, subsection. sentence,
clause or phrase thereof, irrespective of the fact that anyone or more
other sections, subsections, sentences) clauses or phrases may be declared
invalid or unconstitutional.
Section 3. Effectfve Date. This orditlance shall take effect and be
in force thirty days after its passage and before the expiration of fifteen
days after its passage, the same shall be published, with the names of the
members voting for and against the same, at least once in a newspaper of
general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tibum n held on July 23rd _' 1973, by the following vote:
AYES:
NOES:
ADS ENT :
Councilmen: Aramburu, Fanning, Sennett
Councilmen: Littman
Councilmen: Becker
ATTEST:
~L
BERT BALMER, City Manager/clerk~"
Draft date: 6/4/73
,
ORDINANCE NO. 127 N.. S.
AN URGENCY INTERIM ORDINAl~CE OF THE CITY OF TIBURON
PROHIBITING THE CONVERSION OF EXISTING APARTMENT BUILDINGS TO
CONDOMINIL~ PE~~ING THE ADOPTION OF A HOUSING ELEMENT OF THE
TIBURON GENERAL PLAN, AND THE AJ.'1ENDMENT OF THE CITY'S ZONING ORDIN\NCE
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1_ Findings and Prohibitions.
Section 65302 of the Government Code of the State of California
provides that the City of Tiburon shall prepare and adopt a general plan inclu(
ing a housing element. The planning staff has submitted to the Planning Com-
mission a proposed draft of the housing element, and the Planning Commission
is presently studying, and has held hearings leading to the adoption of, a,
housing element, and will prepare recommendations to the City Councilo Fol-
lowing the a~proval of the housing element by the Planning Commission and the
City Council s final adoption thereof, the City's zoning ordinance must be
amended to conform to the general plan as amended by the housing element.
Government Code Section 65860 presently provides that the zoning ordinance
shall be consistent with the general plan by January 1, 1974. Because conver-
sion of existing apartment houses to condominiums might conflict with or be
inconsistent with the pr~~ed housing element or contemplated zoning ordinance:
such conversion is hereby prohibited for a period of four months from the date
)f adoption of this ordinance.
Section 2. Urgency_
This ordinance is hereby declared to be an interim urgency ordi-
nance and is required for the immediate preservation of the public peace,
health, safety and general welfare of the City of Tiburon and its residents,
for the reasons set forth above. It is intended to, and shall apply to, all
said conversions, whether or not application for conversion may have been made
before the adoption of this ordinance.
Section 3. Effective Date.
This ordinance shall becol..le effective immediately upon its adoptiol
and within fifteen (15) days thereafter shall be published once in a newspaper
of general circulation published in the City or Tiburon.
Section 4. Separability.
If any section, subsection, sentence, clause or phrase of this
1rdinance is for any reason held to be invalid or unconstitutional by the de-
~ision of a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of the ordinance. The City Council of
the City of Tiburon hereby declares that it would have passed this ordinance,
and each section, subsection, clause or phrase thereof, irrespective of the
fact that anyone or more other sections, subsections, clauses or phrases may
be declared invalid or unconstitutional.
PASSED AND ADOPTED at an adjourned regular meeting of the City Council
of the City of Tiburon held on July 23rd , 1973, by the following vote:
Draft date: 7/13/73
1.
t
AYES:
Councilmen: Aramburu, Fanning, Littman, Sennett
NOES:
ABSENT:
Coune ilmen: None
Coune ilmen: Becker
~~--i
- BR
:Hayor of
iburon
TTEST :
cE.JOL
ERT BALMER, City Manager/Clerk
)raft date: 7/13/73
2 .
ORDINANCE NO. 126 N,S.
AN ORDINANCE OF THE CITY OF TIBURON REPEALING
ORDINANCES 82 N~S.? 87 N.S., and ~07 N.S.
The City Council of the City of Tiburon docs hereby ordain as follows:
Section 1. Repeal. Ordinance No. 82 N.S*, Ordinance No. 87 N.S.,
which amended and extended Ordinance No. 82 N.. S ..) and Ordinance l\fo. 107
N.S., which extended Ordinance No. 82 N.S., are hereby repealed.
Section 2. f-Uiarability. If any section, subsection, sentence,
clause or phrase 0: t is 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 ordi-
nance. The City Council of the City of Tiburon hereby declares that it
would have passed this ordinance, and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that anyone or more
other sections, subsections, sentences, clauses or phrases may be declared
invalid or unconstitutional.
,
Section 3. Effective Date. This ordinance shall take effect and be
in force thirty days after its passage and before the expiration of fifteen
days after its passage, the same shall be published, with the names of the
members voting for and against the same, at least once in a newspaper of
general circulation published in the City of Tiburon.
PASSED Ah~ ADOPTED at a regular meeting of the City Council of the
Ci.ty of Tiburon held on July 23rd , 1973, by the following vote:
AYES:
NOES:
Councilmen: Aramburu, Fanning, Littman, Sennett
Councilmen: None
ABSENT:
Caune ilrnen: Becker
/~
~jI~~?'L,
Mayor
..'TEST:
r/LAL
BERT BALMER, City ManagerIClerk
Draft date: 7/2/73
ORDINANCE NO. 125 N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPI'ER 4 OF THE TIBURON
MUNICIPAL CODE FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE
The City Council of the City of Tiburon does ordain as follows:
Section 1. Amendment. Section 4-7 (b) of Chapter 4 of the Tiburon
Municipal Code is hereby amended to read as follows:
"Sec. 4-7. PaymE;nt of lic.~€ ta~.
. . .
. (b) Penalties forJa~~~lre to pa* when due. For failure to pay
a ll.cense tax when due, tne city cler shall add a penalty of ten per
cent of such license tax on the last day of each mon~h after the due
date thereof; provided, that the amount of such penalty to be added
shall in no event exceed one hundred per cent of the amount of the
license tax due. Provided further, that an administrative charge of
ten dollars shall become due and payable in addition to the penalty."
Section 2. Amendment. Section 4-8 of Chapter 4 of the Tiburon
Municipal Code is hereby amended to read as follows:
"Sec. 4-8. Tax a de.bt to city; collection of tax by court action.
The amount of any license tax, penalty or administrative charge
imposed by the provisions of this chapter shall be deemed a debt to
the city. An action may be comme~ced in the name of the city in any
court of competent jurisdiction for the amount of any delinquent li-
cense tax and penalties. Interest at the rate of seven per cent per
annum shall be due p.nd payable on any license tax not paid when due,
and on any penalty and administrative charge imposed by this chapter.
In the event suit is instituted by the city to collect any monies due
the city under the provisions of this chapter, the city shall be en-
titled to reasonable attorney's fees, the sum to be fixed by the
court. If
Section 3. Amendment. Section 4-10 of Chapter 4 of the Tiburon
Municipal Code is hereby amended to r~ad as follows:
"Sec. 4-10. Issuance of duplicate licen~.
A duplicate license certificate may be issued by the city clerk
to replace any license previously issued under this chapter which has
been lost or destroyed, upon the licensee filing a statement of such
fact, and at the time of filing such statement paying to the city
clerk a fee of five dollars for such duplicate certificate."
Section 4. Amendment. Section 4-14 of Chapter 4 of the Tiburon
Municipal Code is hereby amended to read as follows:
"Sec. 4-14. Tax based on gross receipts.
Every person who engages 7.n the business of selling at retail
or wholesale tangible personal property of any kind whatsoever or
Draft date: 6/18/73
Revised: 6/29/73
1.
furnishes any service, and not otherwise specifically taxed or li-
censed under the provisions of this chapter, and has a regularly
established or fixed place of business in the city, shall pay a
license tax on g~oss receipts in accordance with the following scale:
Annua l~:!-s__~~_~ce ~_pts License Tax
$ 1 - 12~OOO _ . . * . . . .. $ 13
12,000 - 24,000 .. . . . . . .. .. 19
24,000 - 36,000 . .. . .. .. .. . . 24
36,000 - 48,000 . ~ . . . . . . 29
48,000 - 60~noo e . . .. . . . .. 34
60,000 - 72:000 . ~ ~ .. . .. . . 39
72,000 - 84,000 .. .. . . .. . .. .. 45
84,000 - 96,000 6 4 . . . .. . .. 50
96,000 - 108,000 .. .. . . . .. .. . 53
108,000 - 120,000 .. .. . .. . .. . .. 60
120,000 - 132,000 . .. . .. c .. . .. 65
132,000 - 144,000 .. . . . .. . . . 71
144,000 - 156,000 .. . .. . . . . . 76
156,000 - 168,000 . . . .. . .. .. . 81
168,000 ".. 180,000 . .. .. .. .. '. . . 86
180,000 - 192,000 .. . . . . .. .. .. 91
192,000 - 204,000 . . . .. .. .. . .. 97
204,000 - 216,000 ~ .. . . .. . .. .. 104
216,000 - 228,000 . . . .. . .. . .. 107
228,000 - 240,000 .. . . . . .. .. .. 112
240,000 - 252,000 . . .. .. .. .. . . 117
252,000 - 264,000 . . . . . . . . 123
264,000 - 276,000 . . . . . . . .. 128
276,000 - 288,000 . . . . . . . . 133
288,000 - 300,000 . . .. .. . . .. . 138
300,000 - 600,000 . . . 0 . .. c . 143
Over 600,000 - for each $12,000 . 2.60"
Section 5. Amendment. Section 4-15 of Chapter 4 of the Tiburon
Municipal Code is hereby amended to read as follows:
"See. 4-15. Flat rate ta~s" generally..
Every person transacting and carrying on the businesses enumerated
in this section shall pay an annt.al license tax as follows:
Automobile trailer courts
$33 per year, plus $2.60
for each 600 sq. ft. of
rental space.
Automobile parking lots
Christmas trees, decoratioTlr and mis-
cellaneous Christmas merchandise other
than in connection with another business
licensed under this chapter
$65.00 per year.
$65..00 per year.
$26.00 per year.
Automobile and machine. l.vreck.i.ng yards
Garage (public or storage)
$65.00 per year.
Draft date: 6/18/73
Revised: 6/29/73
2.
Hotels, motels, auto courts
Professions (accountant~; architects;
attorneys at law, auditors; bacteriolo-
gists; chemists; chiropoGists; chiro-
practors; engineers, civil, mechanical,
elec trica1 or s tr1JC tural; une tors, medical
or dental; oculists; opticians; optome-
trists; osteopath~; nntucopathf; surgeons;
veterinarians and every person carrying
on or engaged in the business of treating,
curing, administer.lng or giving treatment
to the sick, ~7nurlded, infirm I]r mentally
disturbed persons by nny meth0d, or pur-
suant to any doctrine or system, and whe-
ther medicine is used or prescribed or
not, and where a fee or compensation is
received or charged, or donations made
therefor)
Collection agency
Real estate appraisal
$20.00 per rental unit.
$13.00 per rental unit.
$65.00 per year.
Apartments, rooming houpes
Real estate brokers (on commission or
other compensation), stock brokers,
including bonds and other securities,
yacht brokers
$65.00 per year.
$65.00 per year.
$65.00 per year, plus
$7.00 per year for each
licensed salesman employed.
Commercial or dOCUID2ntary filming
$25.00 per day~
Use of public str::..et or pr:"'p8rty for
filming $50.00 per day.
Contractors $40.00 per year.
Peddlers, solicitors. $40.00. per year.1f
Section 6. Amendnx:nt. Sectior~s 4-16 (a), (c) and (d) of Chapter
the Tiburon MunIClpal CodE are hereby amended to read as follows:
4 of
Its ec. 4-16. De li..Yc: rY,_veh:L ~ Les .
(a) Every person not: having a regularly established place of
b:usiness in the city \V'hose business is retailing or wholesaling goods or
services as defined by tht, chapter, and who operates a motor vehicle in
the ci~y for the purpose of conducting such business, whether on a fixed
route or not, shall pay an annual license tax of thirty-three dollars
for the first vehicle, plu, t~enty dollars for each additional vehicle.
. . .
(c) Every person subject to the provisions of subsection (b) of
this section shall pay the feJ1.owing license tax per wheeled vehicle
over ten thousand pounds in g70SS weight:
Draft date:
Revised:
6/18/73
6/29/73
3.
10,000 Iba. - 15,000 Ibs. . . .. . $ 39.00
15,000 lbs. - 20,000 Ibs. . . . . $ 46.00
20,000 Ibs. - 25,000 Ibs. .. . . . $ 52.00
25,000 lbs. - 30,000 Ibs. .. . . .. $ 58..00
30,000 Ibs. - 35,000 Ibs. . . . .. $ 65.00
35,000 Ibs. - 40,000 Ibs. . .. . .. $ 72.00
40,000 Ibs. - 45,000 lbs. .. . . . $ 78.00
45,000 Ibs. - 50,000 Ibs.. . . . . $ 85.00
Over ,10~. 000 lbs.. .. " . .. $ 91..00
(d) For every pFc~cn v.7hosc bus iness in whole or in part is that
of operating any truck, tractor, truck and trailer, semitrailer or any
other motor vehic12 for the purpvse of transporting goods, wares or
property for hire O~ r€ward or for supplying a self-operated or self-
franchised retail or wholesale business within the city, and who in
the course of such business or supplying uses the public streets and
highways of the city for the purpose of transporting, the annual
license tax for each of such vehicles shall be as follows:
Under one ton. . . . . . .
One ton, but les s than tvlO tons.. .
Two tons, but less than three tons .
Three tons, but less tl1an four tons.
Four tons or over
$ 13.00 per year.
$ 26.00 per year.
$ 33.00 per year.
$ 46.00 per year.
$ 59.00 per year."
4 of the Tiburon
Section 7. Amendment. Section 4-17 of Chapter
Municipal Code j_s hereby ame~nded to read as follows:
"Sec. 4-17. Vending machi1Jes~.
(a) For every person owning, renting, leasing, maintaining or
operating any \"€:l,J ixg or amusement machine, into which machine money or
tokens of value are deposited or paid for the operation thereof, the
license tax shall be as follows:
(1) If: the macl: ine is located upon premises licensed under
this chapter to such person whose license tax is measured by gross re-
ceipts, then the gross receipts of the machine shall be included in the
statement of gross receipts pursuant to this chapter.
(2) If the lILtchine ir;; located upon premises licensed under
this chapter to such Pf:l:'son \o,1hos€ license tax is measured by a flat
fee, the person shall pay a tax of $5.00 per $1,000 of gross receipts
per year of the machin,:'.
(3) If the machine is located upon premises not licensed
under this chapter to such person, then such person shall pay a tax
of $5.00 per $1,000 of gross receipts per year of such machine.
(b) The person who owns, rents, leases, maintains or operates
any machine mentioned in subsection (a) of this section shall, upon
demand of the city clerk, produce an audit of each such machine pre-
pared by a certified publ~c accountant, and shall submit to the city
clerk a copy of the state sales and use tax returns filed relative to
such machines, and a copy of all other tax statements filed with any
governmental entity by such person or by any other person owning,
renting, leasing) maintaining or operating such machines, disclosing
the gross receipts received from such machines."
Draft date:
Revised:
6/18/73
6/29/73
4.
Section 8. Amendment. Section 4-18 of Chapter 4 of the Tiburon
lv1:unic ipal Code is hereby' 'amended to re,ad a,s follows:
"Sec. 4-18. Businesses no): taxed elsewhere in this chapter.
For any person carrying on or conducting any lawful and autho-
rized business, trade, profession, calling or occupation, not par-
ticularly specified i.n this chapter, or embraced within the provi-
sions of any other section, the license tax shall be thirty-three
dollars per year."
Section 9. Penal.!l for Violation. Any person violating any of the
provisions of this ordlnance or Knowingly or intentionally misrepresenting
to any officer or employee of this City any material fact in procuring the
license or permit herein provided for shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punishable by a fine of not more than
$500.00, or by imprisoQment in the county jail for a period of not more than
six months, or by both such fine and imprisonment.
Section 10. Se~arabi;ity. If any section, subsection, sentence,
clause or phrase of thlS ordlnance is for any reason held to be invalid or
unconstitutional by the decision of a court of competent jursidcition, such
decision shall not affect the validity of the remaining portions of the or-
inance. The City Council of the City of Tiburon hereby declares that it
./Quld 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 11. Effective Date. This ordinance shall go into effect
immediately upon its adoption as an ordinance relating to taxes for the usual
and current expenses or, the City. This ordinance shall be published, before
the expiration of fifteen days after its passage, with the names of the mem-
bers 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 an adjourned regular meeting of the City
Council of the City of Tiburon held on June 28, 1973, by the following vote:
AYES:
NOES:
ABSENT :
Ararnburu, Bec'Ler, Fanning, Sennett
None
Littman
ATTEST:
\ /
/ ( ",/
( "~/(' /r~, /1,. \
BERT BALMER, City Manager Clerk
Mayor
Draft date: 6/18/73
Revised: 6/29/73
'j .
ORDINANCE NO.~ N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO. 9 N.S.,
THE TIBURON ZONING ORDINANCE, BY AMENDING THE ZONmG MAP TO
CHANGE THE CLASSIFICATION OF CERTAIN PROPERTY LOCATED IN THE CITY
Olf TIBURON FROM R-l';'C,. R-P, P., RO-I-C, RO~2,-C, RO";'1 AND RO-2 TO
RPD-l AND RPD-2, AND FROM R-3 TO RMP.
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. Findings.
The City Council does hereby find and declare as follows:
(a) Through its general plan and zoning ordinances based
thereon, the City of Tiburon provides a community in which essentially
most types of traditional land use ~re permitted. This includes lands
devoted to the following uses: residential, commercial, agricultural,
recreational and community service facilities, both public and private.
This variety of developed land uses is oriented and available to and
utilized by all social and economic levels. Having provided this ex-
tensive range of uses; recognizing that the category of open space
land is a land use equal in importance to the traditional categories
enumerated above; further recognizing that the City of Tiburon has a
vital interest in the protection and preservation of open space land
for the benefit of all of its citizens; and further recognizing that,
once portions or all of the remaining open land within city l~its is
permitted to develop with any subs.tantial degree of intensity as has
been traditionally pe~itted, the opportunity to recover its open
space character will have been virtually lost; the City Council finds
and declares that open space land is a critically ltmited and valuable
resource which must be preserved and conserved wherever possible.
(b) The preservation and conservation of open space land
is necessary to assure its continued availability for agricultural
purposes, for the enjoyment of scenic beauty" for recreation, for
protection of the ecology and environment, for the containment of
urban sprawl and structuring and ~haping of urban development, and
for retention in its natural or near natural state to protect the
community against hazards resulting from its disturbance by man, or
nature.
(c) It is in the public interest to avoid unnecessary
conversion of open space land to strictly urban uses, thereby protect-
ing against the resultant adverse impacts, such as air, noise and
water pollution, traffic congestion, destruction of scenic beauty,
disturbance of the ecology and environment, hazards related to geology,
fire arid flood, and other demonstrated consequences of urban sprawl.
(d) The Open Space Element of the Tiburon General Plan
has been the subject of extensive study and deliberation by the staff,
Planning Commission, and Council, drawing upon a wide variety of rele-
vant expertise. This effort has resulted in the development and
adoption of a statement of functions, goals, policies, action pro-
grams, classifications and inventories of open spaces. This Open
Space Element must be implemented, among other ways, by a comprehen-
sive regu1ato:y zoning ordinance governing the uses of open. space
Draft date: 6/8/73
1.
land. Further, the anticipated increase in the population of the
Tiburon Peninsula demands that the City effectuate the Open Space
Element of the Tiburon General Plan at the earliest possible date
and thereby assure that the interests of all of its people are met
through the orderly growth and development of the City and the pre-
servation and conservation of its limited and valuable resources.
(e) The unique characteristics of the property which is
rezoned by this ordinance consi.st of a wide variety of features which
indicate-the desirability of minimizing overdevelopment of said pro-
perty. MUch of the area is excessively steep and slope stability
ranges from good to poor. The ridges and slopes are a scenic asset
as viewed from other areas
(f) The peo~le of the State, by enacting Article XXVIII,
"Open Space Conservation', of the California Constit~tion in 1966,
and the State Legislature have demonstrated increasing concern, in-
terest and the desire to preserve and protect open space. In 1970
and 1971 the State enacted legislation to require addition of an open
space element to city and county general plans and prohibiting issu-
ance of building permits, approval of subdivisions, or adoption of
zoning ordinances inconsistent therewith. The Legislature declared
its intent as follows:
"(a) To assure that cities and counties recognize
that open space land is a l~ited and valuable re-
source which must b~ conserved wherever possible.
(b) To assurethat.every city and county will
prepare and carry out open-space plans which, along
with state and regional open-space plans, will accom-
plish the objectives of a comprehensive open-space
program.1f
The Legislature found and declared as follows:
"(a) That the preservation of open-space land,
as defined in this article, is necessary not only
for the maintenance of the economy of the state, but
also for the assurance of the continued availability
of land for the production of food and fiber, for
the enjoyment of scenic beauty, for recreation and
for the use of natural resourceso
(b) That discouraging premature and unneces-
sary conversion of open-space land to urban uses is
a matter of public interest and will be of benefit
to urban dwellers because it will discourage non-
contiguous development patterns which unnecessarily
increase the cost of community services to community
residents.
(c) That the anticipated increase in the popu-
lation of the state demands that cities, counties,
and the state at the earliest possible date make de-
finite plans for the preservation of valuable open-
space land and take positive action to carry out
such plans by the adoption and strict administration
of ~aws, ordinances, rules and regulations as autho-
rized by this chapter or by other appropriate methods.
Draft date: 6/8/73
2.
(d) That in order to assure that the interests
of all its people are met in the orderly growth and
development of the state and the preservation and
conservation of its resources, it is necessary to pro-
vide for the development by the state, regional
agencies, counties and cities, including charter
cities, of statewide coordina.ted plans for the con-
servatiQn and preservation of open-space lands.
(e) That for these reasons this article is
necessary for the promotion of the general welfare
and for the protection of the public interest in
open-space land." (Government Code ~66S61.)
(g) The State has further shown its concern, interest,
and desire to preserve and protect open space by:
(1) Requiring general plans of cities and counties to
contai.n a conse,rvation element.
(2) Broadening the jurisdiction of local planning com-
missions to include the preservation and conservation
of open space land.
(3) Prohibiting the construction of streets or street
improvements until the planning commission has re-
viewed the same as to compliance with open space
provisions of the general plan.
(4) Requiring cities to adopt zoning consistent with open
space elements of the general plan.
(S) Prohibitilig approval of a subdivision map if it is
likely to cause substantial environmental damage or
substant:Lally and unavoidably injure fish or wild-
life or their habitat.
(h) The RPD-l and 2 zones and the RMP zone permit econo-
mically viable uses consistent wi"h the open space preservation neces-
sity outlined above.
Section 2. Amendment.
The public peace, health, safety, welfare, general pros-
perity and public interest require the amendment of Ordinance No. 9
~.S., the Zoning Ordinance, by amending the Zoning Map to change the
classification of certain property lying within the City of Tiburon1
from R-l-C, R-P, P, RO-I-C, RO-2-C, RO-l and RO-2 to RPD-l and RPD-~,
and from R-3 to RMP, as more DJlly shown on Exhibit A attached hereto
and made a part hereof by reference.
Section 3. ~~~~rab~lity.
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 ordi-
nance. The Qity Council of the City of Tiburon hereby declares that
it would have passed this ordinance, and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any
Draft date: 6/8/73
3.
one or more other sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
Section 4. Effective Date.
This ordinance shall take effect and be in force thirty
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 fo~ and against the same, at least once in a newspaper
of general circulation published in the City of Tiburon
adjourned
PASSED AND ADOPTED at an~8a~ meeting of the City Council of
the City of Tiburon held on June 28th , 1973, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen: Aramburu, Fanning, Sennett
Councilmen: Becker
Councilmen: Littman
,
/{J
(I >w~~v
iburon
ATTEST:
,~),), //./1'
BERT BALMER, Ci.ty Hanager7Clerk
Draft date: 6/8/73
4.