HomeMy WebLinkAboutTC Ord 1972 - 1973
ORDINAR::E NO. 123 N.B.
AN ORDI-'NCB OF THE CITY OF TIBUltON AMENDING SECTION 10-4, ADDING SECTION
10-4.1 (RESIDENTIAL PIANNED DEVELOPMENT AND OPEN SPACE ZONES) AND SECTION
10-4.2 OF ORDI1i\NCE NO. 9 N. S. (RESIDENTIAL MULTIPLE PIANNED ZONE) TO THE
TIIURON ZONING ORDINA.!r;E, AMENDING SECTION 23 BY ADDING CONDITIONt\L USES
IN Tim RPD ZONES, AMENDING SECTION 6-28, AND BY ADDING SECTION 6-61.1.
The City Council of the,Cfty 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 provi4es a community in which essentially most types of
traditional land uses are permitted. This includes lands devoted to the
following uses: residential, commercial, agricultural, recreational and com~
munityi~~~ facilities, both public and private. This variety of de-
veloped land uses is oriented and available t9 and utilized by all social
.
and economic levels. Having'provided this extensive range of uses, recog-
nizing that the 'category of open space land is a land use equal in importance
to the traditional categories en~merated above; further recognizing that the
'>
~lty,of .Tiburon has a vital interest in the protection and preservation of
~ -
. . ope*;,~e land for the benefit of all of its citizens; and further recogniz-
ing t~t) once portions or all Of the remaining open space land within City
limits,,~:'~$' perm~tted to develop with any substantial degree of intensity a$
tradit*~;J.y.permitted, the opportunity to recover its open space character
will have "~:~l!irtuallY lost, the City Council finds and declares that open
.' ',.';. ..-
space land '{sa critically limited and valuable resource which must be pre-
served and conserved wherever possible.
(b) The preservation and conservation of open space land is necessarv
to assure its continued availability for agricultural purposes, for the en-
joyment of scenic beauty. for 'recreation, for protection of the ecology and
environment, for the containment of urban development, and for retention in
its natural or near ~atural state to protect the community against hazards
resulting from. its disturbance by man or nature.
Draft date:
Revised:
Revised:
R~v18ed:
4/17/73
5/8/73
6/7/73
6/11/73
1.
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(c) It is in the public interest to avoid unnecessary conversion of
open space land to strictly urban uses, thereby protecting against the re-
sultant adverse impacts, such as air, noise and water pollution, destruction
of scenic beauty, disturbance of the ecology and environment, hazards related
to geology~ -fire and 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 CommissioTI
and Council, drawing upon a wide variety of relevant expertise. This effort
has resulted in the development of a statement of functions, goals, policies,
action programs, classifications and inventories of open spaces. This Open
Space Element must be implemented, among other ways, by a comprehensive regu-
latory zoning ordinance governing the uses of open space land. Further, the
anticipated increase in the population of the Tiburon Peninsula demands that
the City effectuate the Open Space El~ment 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
preservation and conservation of its limited and valuable resources.
Section 2. Amend~ent. The City Council hereby amends Section 10-4
of Ordinance No.9 N.S.) the Tiburon Zoning Ordinance, to read as follows:
"Section 10-4: RESIDENTIAL PLANNED DEVELOPMENT AND OPEN
SPACE ZONE (RPD-l).
(A). Purpose. The purpose and intent of this zone is (a)
to protect the public health, safety and welfare; (b) to protect and
preserve open space land as a limited and valuable resource; (c) to
permit the reasonable use of open space land, while at the same time
preserving and protecting its inherent open space characteristics to
assure its continued availability for the following: as agricultural
land, scenic land, recreation land, conservation or natural resource
land; for the containment or urban sprawl and the structuring of urban
development, and for the retention of land in its natural or near
Draft date:
Revised:
Revised:
4/17/73
518/73
6/7 /73
2.
natural state to protect life and property in the community from the
hazards of fire, flood and seismic activity; and (d) to coordinate wi.th
and carry out federal, state, regional, county and city open space plans
(B). Definitions. As used in this section, unless otherwise
apparent, from the" context, the following definitions shall apply:
1. "Conservation or Natural Resource Land", land which
possesses or encompasses conservation or natural resources.
2. "Conservation or Natural Resource" includes, but is not
necessarily Itmited to, streams, watersheds, ground water recharge,
soils, wildlife habitat, as defined herein, special land forms, natural
vegetation.
3. "Open Space Land", any parcel or area of land essential
un~proved or in its natural state, and devoted to an open space use as
defined herein, and which is designated in the Open Space Element for a~
open space use.
4. "Residential Planned Development and Open Space Zone",
any area of land or water designated RPD and subject to all of the terms
and regulations of this section.
5. "Open Space Use" means the use of land for
a. Public recreation.
b. Enjoyment of scenic beauty.
c. Conservation or use of natural resources.
d. Protection of man and his artifacts (bUildings,
property, etc.).
e. Containment and structuring of urban development.
6. "Recreation land", any area of land or water susceptibl
to recreational uses.
7. ."Scenic land", any area of land or water which possesse
scenic qualities worthy of preservation.
. 8.. ''Wildlife habitat", any area of land or water valuable
Draft date:
Revised:
tevised:
4/17/73
S/a/73
6/7/73
3..
or necessary to the preservation or enhancement of wildlife resources.
(C). Uses Allowed By Right.
1. One-family dwellings.
2. Open-space uses.
3. Accessory buildings and accessory uses.
(D). Land and Structure RegulatiDns.
1. Density. Density shall be not less than .2 nor more
than 1 dwelling unit per gross acre, subject to the provisions of
section lO-4(F) below.
2. Maximum Building Height. No principal building shall
exceed 30 feet in height, and no accessory building shall exceed 15 feet
in height.
3. The development of dwellings or dwelling groups that
create the appearance of apartment-like structures through excessive
mass, bulk, or repetition of design features, shall be prohibited.
(E). Permanence of Open Space. Land to be preserved as open
space shall be maintained as permanent open space by dedication to the
City of fee title or of scenic easements, by deed restriction approved
by the City Attorney, or by other methods acceptable to the City.
(F). Standards. In reviewing the elements of the Master Plan,
particularly, but not limited to, the density, circulation system and
lot design, consideration shall be given to, and affirmative findings
must be made by the Planning Commission and City Council on, the follow-
ing factors:
1. Whether the density sought in the proposed development
is compensated for by surrounding open areas.
2. Whether the proposed arrangement of residential units
and design of the circulation system provide for an adequate transition
and maximum compatibility with adjoining patterns of development and
open space.
Draft date:
Revised:
Revised:
Revised:
4/17/73
5/8/73
ChIlli
4.
3. Whether maximum effort has been made to minimize
grading and maximize retention and preservation of natural elevations,
ridgelands and natural features, including lands too steep for develop-
ment, geologically unstable areas, wooded canyons, areas containing
significant native flora and fauna, rock outcroppings, view site~, area's
suitable for active or quiet recreation, watersheds and watercourses.
Ridgelines shall be p~eserved through siting and building controls to
minimize visual impact and to allow access along corridors.
4. Whether the plan will be desirable to the public con-
venience and welfare and will be in harmony with the Open Space, and
other Elements and objectives of the Tiburon General Plan.
(G). 'Requirements of Master and Precise Plans. owners of land,
within the RPD zone who desire development shall, prior to any land or
\ road grading or subdivision, and prior to any improvements being made
on ~aid property, submit a Master Plan to the P~anning Commission,
.~
together with the required fee. 'No, building permit shall be' issued for
improvements__of any type until a Master Plan and Precise plan for the
:deve!opment have, ~fter pu~lic'hearing, been approve&~ r~solut~ns of
the Planning Co~ission', and only until after the City Council, after Public
hearing, has by ordinance approved the Master Plan ,and by resolution, the Precise'~
Plan. The procedure for approval of ~he Master Plan shall be the same as that
provided under State law for the adoption of a zoning ordinance.
1. Master Plan.
a. ~~,Master Plan and Text shall be prepared by such
. ,~. t~i'}~ c ;'.e, _;:/.~. .
-qualified professional practitioners in city planning, urban design,
architecture, landscape architecture, and civil and structural engineer-
ing as may be directed by the city agency approving said plans. The
Master Plan shall include all contiguous property under a single owner-
ship and shall include such information as may be appropriate for pur-
poses of interrelating the proposed development with existing and pro-
posed uses of adjacent property.
b. The Master Plan shall include:
(1) A general site plan showing the following:
Draft date:
Revised:
Revised:
Revised:
4/17/73
5l8/73
6/7/73
6/11/73
5.
(a) existing and proposed locations and
uses of all structures pud areas.
(b) lot design, circulation system including
existing and proposed streets, walkways, and other rights-of-way or
easements.
(c) preliminary grading, drainage, and land-
scaping proposal indicating existing and proposed topography at appro-
priate contour intervals, location of existing trees and groupings and
other natural features and proposed landscape treatment showing location
and types of trees, ground cover, walkways, paving and fencing.
(2) Preliminary elevations, perspectives, and
sufficient visual and written infonmation to indicate proposed setbacks,
height, bulk, coverage, density, indoor-outdoor relationships, relation-
ships between structures, and predominant views by occupants and other
users of the site and structures.'
(3) A statement of concepts, indicating how the
development satisfies relevant human needs for open space, views,
variety, harmony within the development and the surrounding areas, and
clarity of organization.
(4) A proposal for dedication and/or improvement
and maintenance of open space, circulation ways, view easement and re-
creation areas for all property included in the Master Plan.
2. Precise Plan.
a. Subsequent to the approval of the Master Plan by
the Planning Commission and the City Council, the applicant shall submit
to the Planning Commission a Precise Plan, in substantial conformance
to the Master Plan, pursuant to the provisions of section 27-2, together
with the required fee.
b. Detached structures may be exempt from Precise Plan
procedures only if so specified as part of the previous Master Plan
approval.
D raft date:
Revised:
Revised:
4/17/73
5/8/73
6/7/73
6.
c. In addition to the info~ation required to be sub~
mitted with the Precise Plan by section 27-2, the applicant shall submit
the following data:
(1) Engineering studies in sufficient detail to
indicate adequacy of soils, flood control, storm drainage, sewage'dispo-
sal, and public utilities for the property; such engineering studies
shall include an in-depth geologic and soils investigation and examina-
tion and shall fully and clearly present: (a) all pertinent data, inter-
pretations and evaluations; (b) the significance of the data, interpre-
tations and evaluations with respect to the actual development or
implementation of the intended land use~ and with respect to the effect
upon future geological processes both on and off the site; (c) recommen-
dations for any additional investigations that should be made. All
costs and expenses incurred as a result of the requirements of this secti
including t~e costs and expense of an independent review of the material
submitted hereunder by qualified persons retained by the City, shall be
borne by the applicant.
(2) A staging proposal indicating sequence and
approximate time schedule for all development indicated.
3. Amendments. The Master and Precise Plans may be amended
or modified by following the same l-rocedure required to adopt said plans.
4. In the event that the data submitted with the Precise
Plan pursuant to Section lO-4(G)2, particularly, but not limited to, the
engineering studies, indicate that the proposed arrangement of resi-
dential units, design of the circulation system or density, as shown on
the previously approved Master Plan, would be rendered inharmonious with
the Tiburon General Plan, or would be inconsistent with the standards
contained in this section, then the City or the applicant shall initiate
proceedings to amend the Master Plan to reflect the changes shown by
said data.
~aft date:
~vised :
!vised:
4/17/73
5/8/73
6/7/73
7.
5. . Revocation and Expiration.
a. Precise Plans shall automatically expire one year
after their approval by the City Council unless construction has been
commenced within that year or unless previously extended by resolutions
of the Planning Commission and City Council.
b. Master Plans shall automatically expire two years
after their approval by the City Council unless construction has been
commenced within that two-year period, or unless preyiously extended by
resolutions of the Planning Commission and City Council."
Section 3. Amendment. Section 10-4.~ is hereby added to Ordinance
~o. 9 N.S., the Zoning Ordinance, to read as follows:
"Section 10-4.1: RESIDENTIAL PLANNED DEVELOPMENT AND OPEN
SPACE ZONE (RPD-2).
This zone shall have the same purposes, definitions, uses,
land and structure regulations, s~andards and procedures as in the
RPD-l zone, except that density shall be not less than leI nor more
than 2.5 dwelling units per gross acre."
Section 4. Amendment. Section 10-4.2 is hereby added to Ordinance
N'o. 9 N. S ." the Zoning Ord inance , to read as fo 1 lows :
"Section 10-4.2: RESIDENTIAL MULTIPLE PLANNED AND OPEN
SPACE ZO?~E (RMP).
This zone shall have the same purposes, definitions, uses,
standards and procedures as in the RPD-I zone, except as follows:
(A). Uses allowed by right shall include multi-family dwellings.
(B). Land and Structure Regulations.
1. Density. Density shall be not less than 3 nor more
than 13 dwelling units per gross acre, subject to the provisions of
Section 10-4(E).
2. Maximum Building Height. No principal building shall
exceed 30 feet in height, and no accessory building shall exceed 15
feet in height.
3. Floor Area Ratio. The floor area ratio shall not
exceed 40%.
Draft date:
~vised :
...~vised :
4/17/73
5/8/73
6/7/73
8.
4. If the average natural slope of the lot or parcel is
over 15%, the min~um lot area per dwelling unit shall be as follows:
Slo~ Lot area required
15-20% 3,500 sq. ft./unit
20-25% 5 250" " "
,
25-30% 7,000" n 11
30-35% 10,500 II " "
35-45% 14 000 II " " It
,
Section 5. Amendmen t . Section 6-28 of Ordinance No.9 N.S., the
Zoning Ordinance, is hereby amended to read as follows:
"6-28: Floor Area, Floor Area Ratio: "Floor area ratio", or
IfF.A.R." means the floor area of the building or buildings on a lot,
divided by the area of that lot. "Floor area" is the sum of the gross
horizontal areas of the several floors of the building or buildings
measured from the exterior faces of the' exterior walls and'shall exclude
the following: all unenclosed horizontal surfaces such as balconies,
courts, decks, porches, terraces."
Se~tion 6. Amendment. Ordinance No.9 N.S., the Zoning Ordinance,
is hereby amended by adding Section 6-61.1, to read as follows:
"6-61.1: Slope, Average Natural:- The average of the natural
ground slope of a lot or parcel, measured at 900 to contours."
Section 7. Amendment. Section 23(L) of Ordinance No.9 N.S., the
Zoning Ordinance, is hereby amended to read as follows:
H(L) The keeping of horses in A-2, AR, RO-l, RO-2, R-l, RPD-l
and RPD-2 zones, subject to the obt&ning of a license for each horse
pursuant to the Tiburon Horse License Ordinance. Each such use permit
shall be terminable upon the revocation of the license issued under
the Horse License Ordinance and subject to the min~um lot area require-
ments 'Of said ordinance. ff
Section 8. Amendment. Section 23 of Ordinance No.9 N.S., the Zoning
Ordinance, is hereby amended by adding subsections (M), (N), and (0), to
read as follows:
Draft date:
Revised:
~evised:
4/17/73
5/8/73
6/7/73
9.
"r ~
~'(M) Agricultural uses in the RPD-l and RPD-2 zones.
(N) Botanical conservatories, outdoor nature laboratories
and similar facilities in the RPD-l and RPD-2 zones.
(0) Nature wildlife sanctuaries in the RPD-l and RPD-2 zones."
Section 9. Separability. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid or unconsti-
tutional by t~e 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, subsec-
'.i008, sentences, clauses or phrases may be dec lared invalid or unconstitutiona
,
Section 10. 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.
adjourned
PASSED AND ADOPTED at antt~!' meeting of the City Council of the
'City of Tiburon held on
June 28th
_, 1973, by the following vote:
AYES:
NOES:
ABSENT :
C ounc i Imen : Aramburu, Fanning, 'Senne t t
Counc ilmen : Becker
Councilmen: Lit~n
ATTEST:
/
,// . /
l J ,- '
BERT BALMER, City Manager/Clerk
Draft date:
Revised:
'1evised:
4/17/73
5/8/73
6/7/73
10.
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A..\I 0 RD I:NAl\CE Or-' ThE C r::'y iJ/ r1 I,:3-:..[;{O~\J .Ar"S~)tV IXG s seT ION 14- 50
OF' T}iE TIE[RO~~ CI'j~Y
T"FT" TC i~ 'I"I(\Ni ,.(\ "G'.f'~ ;.)., -) 71' A '\:'~,
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t~:JI: :.~ ~ (;O'~\CE:(l:\~ :.~.J'G
r{r~(~ {~,"E.tAr]~ I.()t\I~~\Y--, I?i.il~J?C}S .~s
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r;'.t'-.e ,..~....v CO.Ur....!1 C'':: 7..."\';;:' ,--....::+....,. ~.'" ~"'.;~-...;..-.....-.. \~.:-......l::l;".'T orda':n" as ;;::"1":.0"."'"
,.. 1 ~ Iv.l.. L. .I .. l ~ J. .4. ,J J.. ..~ ., ;, '- Iv -,. ;.. .J u ~ .l..l....., ..1 ~ ..., i. ~ 1 H;... .... ... k.r J .J.. .::> .1.. v J. wi:).
Sec-::ion 1 & l.lJnt,;nC~nlE.::it::, S~~c;:::o: ., :t.--:)O oi. ch.e T~buron City Code i.s
;) ..... b "" ~.,.' d ~ '\.1_ -- .-:\, -... l"~:.... :~ - ., ''1' -. y"! i..:' .
~..e y a..Hen ~,q (..0 1.1;.;.:,d.C1 ~~~ ~.V":'..L.l..'.\;,-,.
Us ec .
14-50:
DSDICA':t~IOI\\ CE' \.J\FJ) J.".}j\.
_.w_...._.. ""'''__''~_ _......,"_~.-....-... ""--.._..__.__........
R :::CRE1\T 1\)}\~t,,,.L PURCIOSF S
i?ARK ~\D
( a ) 1"). ",... c.' 'T 'h '. C~l -~ -,-, l.... ~ ,., ", .;"". rl r'. . ,-t 0 .,.~, ,." _
. 1 L~.po,,;,e. ...~..L ..lCY .c~L..,~_.ll. U~'-.._.;;.;..:..(;;."
(1\ 'l"h.:;c, '"r...'(''.~l("lT''' ':1". ::"-.ar'c'..;::;'Q- ".1"'-."-'.li~}Y'i" to t1....e ~uthor.;j-y
../ .l. ...L.... .:)..... ~l.,..~.u~'. ....,:) l;;....l.. '-...... iJU....;;:;1 -..--..1.... . ~4 "'" L .J.....
granted by Sectio'ns 1151.0 and 11546 of the Business and Professtons
Code of the State or California.
(?) "'l~l"le par'- "'r>; .L'.-""~c""e.-..t~o.n""-l F....t"\.: '1'; Cl.es .cO'... Whl.ch d.c.d.;ca-
.... L '. _ 1..... '~.I.'..& I..:.....G..L.. a. J...1.::4,- .J.. .L ..... .l.. J.. ~. ~
tion of land and/or payment of a fee is required by this section shall
he in a.ccordance witt1 the Park ",lr1d ,i\8crea.t:Lonal Eli:?ment of the General
Plan of the City of Tiburon~ and shall bear reasonable relationshio to
~ - , . ~
the use of the park anti recreational facilicies by the future inhabi-
Cants or the subdivision.
(b)
B.s:.s..u t 1:"2 mer1.!.2..
,i')'~ c,;"
~o~di~iun to th0 aooroval of a
~ ~
c. ~
J..J..nal
S"b-J': ..; . " _.....~ .<-h- , ..t.. .::-~ . ,.:t .-.'~ .' ..~'J 1 ':."r{.~ --..t-.. 1.-.' ... a fee ';11 1'; ~'"
I...~ u.J...v....s~on .l.AiL1e, l.....e S1.H.JC~..LVl.aC:L [,1<.~....l~ Cl..;;_l.J..Cc,~t'::.l..::tna, pay .;.. .1...1..e.....
thereof, O:L-:"
a. corabination or both, at
the opcion of the City, for park
O/~ -cc~ea~'J...~ora' ')'~r-~~es "~ -~c t~~Q ~n(; ~0C~)~~4~g. t- ~~e stana~ards ar'u.1
A. "-'-.A., ... .1.J.. i U.-ti"-'.... ~,~ I..~...... .....H<;;;; '-4_L L <..t..... \,. ........;..1... U ......1 ..J>
fon-Aula con't:ained in. t~lis section. As useci herein, subdivision means
any division of land.
(~) Ge-~o~a1 S~.-~rl~~~~
\.. il\;;.l.. .... . L":~ .......'.:.............
It is hereby found and determined ~hat
the public interest, convenience, health, welfare and safety requi~e
that
five acres of
p:i:':Jpet'ty for each I) 000 perSOI1S res idi.ng within this
......c b 1 ,. .., ., 1 d ....
I.J 1. Y e uevoteci to J.oca 1. pa rt( an rE:cr~:'a;: ~i...ori.c"t 1 purpos es .
(d)
Dedicat:Lon
.') , c: 1.' +- r:~, ,'.. .;:: ~,-, .'.'.,;' .~! ,- "; S -.:j n U.~I 4' (.... '1"'111" la t'::O"~.n ed 4 ..... a. t': (J' ,)
1o..J.... "-" --~~~~~~~~.____~...; J.. 'J... . U. . .... ..L\.. ~ .... ..
("\ ..;:
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,
L~anC; .
vlh(~r.€.: a pai;:-k
or
rec r\':;.a tiona 1..
.t:. '. C .! '$ .; .... y h....... ">e c, ~., (J e s 1.- ....... ,... .... co' 4n
l.c.. .l..:.......L. L"C4.;::. l .~.l \ o~l,a.\...;;; ..r...~
the Park and RecrQation Elet..1ent, of the General Plan of th2 City, and is
Dra~t eLate:
~~vi.sed:
c; /8 /-:'')
...; (I fJ
5/21/73
1.
to be located in whole or in part within the proposed subdivision to
serve the' immediate and future needs of the 1:"es idents of tbe subdivis ion)
the subdividE~r shall dedicate land ror a local park, sufficient in ize
'0nc~ ....L.O r... 0 (.1:' 1-a"'"". n' y to .;:,. ::, 1"""iie'" ~,~'h C> "-C><""~ .-'1 Cl~" i- -, 0 J.::L,. .....he~ ,..". 'D. ....\ 'fV 'I c::; :: r'\D "....'.....e" , ""~"'-1."T'
~.. . t' 6..1.. t..! 0,;;>L:..I..\I '-"-"";; ..I..'-,,;,.J..U.,.;;;41.....ti , Ll. ,::H..l \......... ..........l...U ".. ll~ o.ll~Uu.~.....
of land to be provided shall be determined purroant to the following
standards and formula:
pwe 11 lng Typ~
ASSUrllf d Dens 1. tv
~"""*
Stand~".rd :.._.,Acres IDU
S ingl.e Family
4*0 persons/DU
2 11 f"I r- ")"''' f
acres lJU.L Ls s
Duplex, Apartments
r, - /''-," ~
L . ,) persons .uu
2 acres/160 DU's
Dedication of the land shall be made in accordance with the procedures
contained in paragraph (j).
()~... . 1 . - 1 ,., d' . . 'd" f '1
e Fees l"n ~€'u ot ~_EK1 de l.ca,S1..2n ;__ s tanaar s ~!lG . OrmU.Ld.
1. If there is no park or recreational facility desig-
nated in the Parle and Recreation. Element to be located in whol(: or In
part ~vithin the proposed subclivis ion to Sf: rve the Lrrililed iate and future
needs of the residents of the subdivision, the subdivider shall, in
lieu of dedicating land, pay a fee equal to the value of the land
prescribed for dedication in paragraph (d), determined in accordance
with the provisions of paragraph (g).
2. If the proposed subdivision contains fifty (50) par-
1 - · , d' . d 1 I'" f '" l 1 d 1
ce.l..s or less, tne SUD l.Vl er sna 1. pay a ee equal.. to tne an val..ue
of the portion of the local park required to serve the needs or che
residents of the proposed subdivision as prescribed in paragraph (d),
and l.n an amount determined in accordance with the urovisions of
..
paragraph (g) co
3. The money collected hereunder shall be used onlY
tor the purpose of providing park or recreational facilities reason-
ably related to serving the subdivision by way of the purchase of
necessary land or for improving land for park and recreational pur-
poses.
Draft date.:
Revised:
5/8/73
5/21/73
2.
(f) ,... '... -: ,'- -::;. ~..; ~ -''::.0 ,,,,, ~ c:, rt." -7 -. '. .~ ,~ (J 1). ,~,. '"" -1 ..' 1-' ,; i' .~~ olo -; .' 1"" -;: 1""'. -i .~ ';':1 (:>
\"./ J.. ..:.. \.. e._ ..... ...~ ..... '. _ ,. ,-, .... ~_~, ...... l._..) . U...".. (.~ "-..A. ~ _.~, ... .;. \) ..! ...... .. t U .... t;; .... .
L... ~~_~
.i....... sub-
d" .. '. ,
:LV:"'S :lons ~avlng l.10re C11Ql1
f ii'ty
"50' -
\. ) pa::ce, 1s ,
the sujdiviccr s~ell
b ~ .. ..,. 1'" ,..
etn oeClcate .anc anc pay a xee
in accorda~ce w~th Zhe
,.. 1" .
ro l.owl.ng
formt:.la:
- ~ "', .".. 1 .. , 1 . '.. 0 _ . .
1 "r',::-'~""'"",,'r"1....y',;, '~O---''-''')''"'\ i"",," ....;.:, ":.0""" '.O""~ C-"'~"";"'r'-',:;.'-' ~c
· \ II" ~ ,- " ~ VI · .. .... ~ j.;J J.. ~.a..." l.! V.J.. \w ~ ~ '.... ,l.. <A J. . \...... V -.;;; >OJ ..... J...... ...., ..... ~ >.;; y .J.. ~
pro-o . '1 t'k p"',' ,.., Dr ,~~ "J_':: ~'"""I T:'''; "..,...,. ....,.. ,..'.... _".:- J: ..~ a
lJ se\,.l on ue Q,r"K ana [\.ec"':.~~;l.!,_..l.\.h. L....I.::l;.€';r~i.. {,,;,s ....n~ til.L..e .l_O,j,.
- ...
.l.,GCo.';"
T"\ ':\ ~, '. ...........;. 'n ,~ 11
~~~K, sucn po~~~o snd_4
be dedicaLed for loc~l p~rk purpos~s
ana a. :::ee
com'iu~ecl DU1"'sua~+" t-,-} ';-.'he 'o.....{-'v~C'-ioY'-- ..~-F -o!"'''''::--'''"V''.a~)l~ (0) h~rc..o';: sha':i be
i:' "" ..... .,,'- '-.... '-.il. I. A....... .!.O>...... .6.\:::l u.... A o,.....,:,#- 1: J. (:;) t.,\,\;;.'.....L. .......
.. f . d 1.. ,.. " 1 ' . 'i ~ 1 t... ."' .
pa~a or any s' a1t~ona~ LanG tnat WOU~G nave oeen requ~rea ~o ue aea~-
cated pursuant to paragraph (d).
2.
T.T' . ~ ..~...' _ ...____.....
""nen (.;I. H!~J 01 .~../a..\. \..
of the local
park or rccr0ational
Or h 1 .... . ~ b h . dl '-".:t .
Sl.,-e as a ready neen acqul.rl,sa y t..4e C~t:y an on y a portJ..uno.;: .4,. <'1 no. ~s
needed from the subdivision to complete tne site:i such remaining por-
tion shall be dedica.ted and a tee computed pursuant to the pz:'ovisior..s
- t i)' f '.'1"''' _'.
o.t paragrapl1 (g nereo' Si.1i~.i..l oe paJ.o ~n
~'r~ ~m(~u-t ~-u~, ~o t~e V~l-u~
........ ....".. ...1 ~ t. 1;.....1. (4... I. ..;. ,~ 'l;;;
at
the land 'VJhich Vlould other\.<Jise have been required to be ded:::'ca ,-=ed pur-
, " , \
suant to paragrapn ~o).
Such fees ar~ to be used for the improveffiect
ot
.....he (:)......; s ..~ .:: ~"'I'.:I '1. '.' rL
I. ~^~ ~~~lO ~a ~
and
r2creat:;~onHl
-F ~:..-' ~ ....L. ..~ ':-,,.. ,"\.......
....~\.: J.>. _\......1 \J..
toe
the
ir.lpr0veilien t
of
O .f-':.-, ,,-,."" loc 0 -: ..., "}"1"'lrs
""4,.l.~.... ... (",.l.. ".IQ..t.....
and
recrea tio11al
facilities in the are~ se~~ing
tr"e subd i vis :Lori.
I). ,~.w... " ,.. ~ ... ~ d' . w..... '-.
.g' i..~~iO"1"""lt. 0""" .:--~:., .,~.... .l"""! ",... ';-''!"-a. Or) ,'i,....".....',....,n '....pr..'.., """:'':' "'s
" . 1.. h ..... .. I I- l., "- t;; '- ..I- " ........... Co.. , .1. .l. '-"- .. l ...........1,..:; (;( l.. . ~v ,L. . j..a. -. L ~ .I..... t.;.: j".
J,. ~ It. l' ...-......-- "If' ....-
'rC:'I"1U-:-""{.J.":; ....0 ;"'.:':1 n"~cj ~.w, l':'~'" I~:t- l"'-"Cl' ...~::.:,"::.~.....'::i""-"'i.'u""'n .....h~ "~""'''O~''"\t'' O~ SUCh (-'-;'0
-"-"i A..~....\,.I..... Ul,;; ~a...--" .J..,.I... .I..I:;'~ V 0..... ~\_'\.4""~""I>........., l........,;: (;;(,LLI \04...... .L.... ... ....__
',.'1"":... b'" h t::. 1 "1 ,... ..c 1 d ...
5;:1...4,.\.,.... oe asec upon tl.4e ~a1.r rnar.t<et va.l...ue O~: cn.e amount o~ an vUl~cn
wcuicl otherwise be required to be dedicate2 pursuant to parag~aph (ci).
17>1-, ~.c . 1- "! . d l' . . . d _ ..... ~
J.HI.:; .4..ee sna 1 DC pal. pursuc.:::lt to t'':e prOV1.S1.0nS con-ca:lI'I.e. :.n parggrQ.fhl
(j) he::eof. The Hfair market valueu shall be deterc:ined at the tin1e of
". ."t . h . ..:l · "'"''' "l d t ~
:J:l..L.l.ng t e tent:atJ.ve map, anu snail.. De oase u~)on tae current n1.~:;.:'Kei:
value of the land as determined by the most recent appraisal by the
Marin County Assessor.
('h)
,...
D :::. ~ .,....., c ,.. -.; .t~ - .t:: .,,.., '] .,..J: ~ ...,
. t.....e....~L.~n~.L....o...l. ()...... l.c..(,1E~_.,s.~.
The decision of the C~ty
Council to accept land cedication 0':: to elect to require payment of a
D :. ~..: ;;: : ~ 3 t e :
C:/"!"'7,,)
.) '..'. /.j
5/22/73
6/11/73
?
.,.;"
." . ,.
:..."",,V.lS eo:
Revised:
fee i'n lieu
. ,...
tnt'::: ';::"(; ():t ,
or ci. C. Olli~) ill.:;;;': ion of ~ :jct1.)
8h~11 bB deter~i~ed
bv
.,
consideration of th~ iallowing:
"!
, ..... 11
Open Space
'. '\~....~ 1) ...... A,~ 1/,
YJ...>...L. .l.. ~~....I.:....
.and Rec::cd.t:iun
I: 1 e:Il~r\t- :~
of
(~10
r~~y'~ Ge-~_r~ D'~~'
'J J...... .:I ' 3..1.\;;;.... a.J.. '" .i.U.1. "J
2.
il'oPO(;::"i1pr:.y j
gC\)~l()g)r ,
acc~ss and location of l&ud
ID: -,
..A....i.
the subdivis ion (ivaLlal)le ~COl." di2dicat io~"'! ~
. :::.' .~'.:>< ,",\ "~".,...1 s.r, -:" ^",{,:, /".' ,_1_~ -":,, '''. j" ')'.1 ,,"v'~ C-'~ 01"0 "o~ 1 ....nt4 ""'V.....;' 1 ':') ~ -; r..l
..,I · ,,) ....,,;., ">- .......1..... ;../,t":;.,, J '-, 1,.,.' .'_'" \.- ~':) "'... U J.. }"oJ';'" A..l. U __ ....0;1,1.... a. d...... ....(;...u .........
:tor dedicatiGll.;
4. The fe~sibili~y of dcclicatioD;
h J.\v'<,.~1"r~,'-ili-\i 0':-: """""';1';",',"c1"('f ':'''''',.-i'r::.d -:J'-'-11, 'O,"'oonrtv
..) · a. ..... .4- <Go. ..., ..,... .., ',. .i --.l! - l;:;.", .... U .... ...... J >;,. '- ';l ..... ,.;,..'!;;.. ::: C4.'- 1\. ..... .. -..:; .I.
m 1" . . ._.. . -, . ..' '. .' " ) h '1 l' ',;J .
~ne aeterm~ilat1on O~ the C~~y ~ounc~l as to w~0~her kan~ SLaL~ be Geu~-
catecl, or wheth~r a fee sh~ll be charged, or a combinatior~ thereof,
shall be final and concl1..:.sive.
I' ~ "'
\ .l.. J
C "I'it r:: ~ --\ at''C>
... r e Q.... ~ .1. 0 '- 1? r .... v {, ....1.:.:
() Pi~_~_~!? ace.
No credit shall be
given
for
private open space in a subdivision.
I'J. "
\. I
Procedur~: "
At .the tir:h? of
..,
approva....
o~ the ten.~ative st;.b-
d-. . ~ ~ " ,- ~, r:.....~. '1 _.... ..., 4:' .,.... .0:)
J.V~;::, ....0..1 ...Lc..P) or 0 J.. a p arc c j", ...1...<1 tJ .....0,.. Q.
.,." ... tr
Cl ~ ',," :.L S 'J... 0 11
O~:
J...
land not definec as
'" -D. ',- .; ~...... +-h' C,.t~:.. C."'.-. ..:")
Q. SU OJ..v....s ..:...Ou; '-I. e ,~y '..h.H4C.i.l-.
y '"' ~ 'i .
S n& l. 1. Q e t: e l:':l~ 1.T1 f;
the land to be dedi-
- d/.... b" ~ . b".. "/
catec an . or .tees to 4. e pa 1.<1 [)y '~n.e su .(1l.vJ..Ger.
Open space covenants for." priv8.tE: PD1""k or recreational fe\.ci-
lities shall be submitted to tte City prior to approval of the final
subdivision map and shall be reco~'de.d contemporareously with the final
subdivision map..
(k) Conunencem'?n+- O'~ d(,,'~:-..1"'\r~"'::'Y1"" b.+- ..;.j...e ,;;'i~e o.f: ar..,prov....' of
' -... l. . T ~ ...~ .'''' '... _~_I,;;;;:...:.:':::: .J'dt.:. ~ ':... I...... l... 1.1.. .... u. L. t' . 0..J..
the final subdivision map, the Ci'r:y Counci.l shall specify when develop-
ment of the park or recreational facilities shall be commenced.
(1) Condom~l~~m~. The provisions of this section shall not
apply to condominium projects which consist of the subdivision of
airspace in an existing apartment building \I>lhich is f:lOre than five years
old when no new dwelling units are added.
(m) Industrial s:-rbdi~i~. The provis ions of this section
shall not app1y to industrial subdivisions..H
4.
Draft Date: 5/8/73
Revised: 5/21/73
Revised: 6/11/73
Section 2. Seve~bility. If any section, subsection, sentence, clausE
phrase of this ordinance is for any reason held t.o be invalid or unconsti-
tional by the decision of a court of competent jurisdiction, such decision
all not affect the validity of the remaining portions or the ordinance. The
ty Council of the City of Tiburon hereby declares that it would have passed
is ordinance and each section, subs€,,::tion) clause and phrase thereof irre-
ective of the fact that anyone or more other section, subsection, clause
phrase be declared invalid or uncon..>titutional.
Section 3. Effective Date. This ordinance is to take effect and be ir
rce at the expiration of thirty days f.rom and after its passage, and before
e expiration of fifteen days after its pas&age the same shall be published,
th the names of the members voting for and against the same, at least once
a newspaper of general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular maeting of the City Council of the
_ _. ~_..u.
lty of Tiburon ,held on__~ June It,th ..-, > 1973, by the following
)te:
AYES;
Coune iimen; Aramburu, Becker, Fanning, Sennett
NOES:
CO:.,lr';C lImen: None
ABS El\'T :
" 1m en : Littman i' /
Counc.~ _ , '
,I 'J "
; "~ .'--?( ~:.
/" --.....,...... ~ 1'l'
".. ~ . T 1 I
'rU~, '<,ilis~'N
---- --~RAKWEi.l. i)~ ' of tiburon
- <. " -h" C~ty
., ." ;"""'or OJ.. I.. ,....
..it 1~';:... .J'
rT EST:
CZ1 d:i.L
..~ i .~_~....__....,
~RT BA~ffiR, City Manager/Clerk
5.
Draft date: 5/8/73
Revised: 5/21/73
Revised: 6/11/73
ORDINANGE NO. ::: N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 10-3
OF THE TIBURON MUNICIPAL CODE BY DELETING THE REQUIREMENT
THAT FOOD HANDLERS OBTAIN MINIFILM X-RAYS
The City Council of the City of Tiburon does hereby ordain as
follows:
~
Section 1. Amendment. Section 10-3 of the Tiburon MUnicipal
Code is ~ereby amended to read a~ follows:
"Sec. 10-3. Food establishm~nt c~rti:.f:i.catej prerequisites to
issuance; ,2.?"IP,::::r!.~ipn; trans fer:ab11ity.
No certificate to operate a food establiBbment shall
be issued until all of the provisions of this chapter and of
the California Restaurant Act, and all the rules and regula-
tions of the State Board of Public Health have been complied
with. The certificate shall expire six months after date of
issuance. A certificate is not transferable upon change of
ownership of a food establishment."
Section 2. Separability. If any section, subsection. sen-
tenc~, clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of a court of competent
jur~8dict1on, such decision shall not affect the validity of the re-
maining portions of the ordinance. The City Council of the City of
Tiburon hereby declares that it would have passed this ordinance,
and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any-one or more other sections, sub-
sections, 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 alter its passage and before the expira-
tion of fifteen days after its passage, the same shall be publi~hed,
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 ADOPrED at a regular meeting of the City Council of
the City of Tiburon held Orl Al ~.il 23rd t 1973, by the follow-
ing vote:
AYES:
NOES:
ABSENT:
Councilme'n: Aramhuru, Becker, Fanning, Littman, Sennett
Councilmen:
Councilmen:
ATTEST:
~IllL~
BERr BALMER, City Manager/Clerk
Draft date: 3/15/73
~
ORDINANCE NO. 12~O N.S.
AN ORDINAtE! OF THE CIn COUNCIL or THB CITY or TIBURON
APPROVING MASTER PLAN POR NO. 7-11 MAIN STREET, AND
SE'lTIBGlOR1'H CONDITIONS.
The City Council of the City of Tiburon does ordain as follows:
Section 1. The Master Plan for No. 7-11 Main Street, known a. '~8ter
Plan dated December 13, 197211, is here")y approved, which approval shall be in con-
formance with the following:
A. The development maintenance and use of the property shall be carried
on in confo~nce with certain maps, plans, and exhibits entitled as follows:
1. Master Plan prepared by Mario Gaidano, A.I.A., consisting of
three sheets and identified as '~ster Plan of December 13, 1972, revised March
7, 1973" which was received for the purpose of illustration; provided that the
density of use on the site should not exceed total floor area of 9,000 sq. ft. and
provided further that nothing in the approval of the Master Plan shall be construed
to accept the proposed parking, which matter is left for the Precise Plan
Stage.
B. The development, maintenance and use of the property shall be sub-
ject to the following conditions:
1. the approval of a Precise Plan, pursuant to Section 10-10 (H)
of the Zoning Ordinance; the approval of the Precise Plan.
2. Such other conditions that may be imposed by the City Council
upon approval of the Precise Plan, including, but DOt limited
to, the approval of off-street parking as required.
Section 2. 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
votins for and against the same, at least once in a newspaper of general circulation
published in the City of Tiburon.
PASSED AND ADOPl'ED at a
~eaular
meeting of the City Council
of the City of Tiburon held on ADril 23rd .1973, by the followins vote:
AYES:
NOES :
Councilmen: Aramburu, Becker. Panning, LittaBn. Sennett
Councilmen: None
ABSENT:
Councilmen: None
ArrEST:
~~~'-
Bert Balmer, City Clerk/Manager
Oraft date: 3/6/73
Revised: 3/20/73
ORDIN&~CE NO.~~N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION 20-5(a)
OF THE TIBURON MtJl~ICIPAL CODE BY INCREAS n~G ANIMAL IMPOUND FEES
The City Council of the City of Tiburon hereby ordains as
follows:
Section 1. Amendment.. Section 20-5(a) of the Tiburon Muni-
cipal Code is hereby amended to ~ead as follows:
"See. 20-5. Impoundme,:ot - Redemption of i.mpounded animals.
(a) No dog or other animal shall be released by the
poundkeeper to the owner until all charges, cost of redemp-
tion and the current year's license charge have been paid.
The charges and cost of redemption of the impounded ani.mal
shall be a fee of ten dollars for the first impoundment in
any fiscal year, a fee of fifteen dollars for the second
impoundment in any fiscal year, and a fee of twenty-five
dollars for each additional impoundment in any fiscal year,
plus in each impoundment a charge of one dollar and fifty
cents per day for keepi.ng."
. Section 2. Separability. If any section, subsection, sen-
tence, clause or phrase of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of a court of competent
jurisdiction, such decision shall not affect the validity of the re-
maining portions of the ordinance. The City Council of the City of
Tiburon hereby declares that it would have passed this ordinance,
and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more other sections, sub-
sections, sentences, claus~s 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 expira-
tion of fifteen days after its passage, the same shall be published,
with the names of the members voting for and aga~nst the same, at
least once in a newspaper of general circulation published in the
City of Tiburon.
PASSED ANlJ ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on April 9th , 1973, by the follow-
ing vote:
AYES:
Councilmen. Aramburu, Becker, Sennett
NOES:
Coune lImen: Fanning, Littman
ABSENT:
Councilmen: None
ATTEST:
(/iIAL_7_
BERT BALMER, ,City Manager Clerk
Draft da te:
3/15/73
Ordinance Ho. 118 n. s .
AiJ ORDINAjlC~ OF THE CITY OF TIBURON I-~POC)!:T~
FILING FEE FOR CA':lDIDATBS I ~"TOnlnATIO!-1 P.7\PE~~
The City Council of the City of Tiburon noes here~y ordain as
follo~"s :
Section 1
Filing Fee IMDosen.
Pursuant to the provisions of Section 2/.943 of the ~lections
Code, a filing fee in the sur',' of t'l"Tenty-five (:'follars ($25.00) for pro-
cessing municipal candidates I nonination ?apers is hereryy iJTl.posed.
Said fee shall })e pai~ u~on the filing of such no~ination papers with
the City Clerk.
Section 2. Separability.
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalin or unconstitutional
by the decision of a court of cOMpetent jurisdiction, such decision
shall not affect the validity of the renaining portions of the ordi-
nance. The City Council of the City of Tihuron hereby declares that
it would have passeu this ordinance an0 each section, suhsection,
clause or phrase thereof, irT€spective of the fact that anyone or
more other sections, subsections, sentences, clauses or phrases Jlay
be declared invalid or unconstitutional.
Section 3. ~ffective Date.
This ordinance shall take effect anr1 1)e in force thirty
days ~ter its passage, ana before the expiration of fifteen nays
after its passage, the sane shall be pul-Jlished, ".1ith the narles of the
r1er::bers voting for ann against the sar'1e, at least once in a neNspaper
of general circulation ~w)lished in the City of Tihuron.
PASSED AND ADOPTED at a regular neetinCJ' of the City Council of
the City of Tiburun held on April 9th. ,1973, by the
follo~'~inq vote ~
AYI:S:
COUlTCIL~I~H: Aramburu, Becker, Littman, Sennett
i J OE S :
COUilCIL'iI~j1: Fann'ing-
A3SEJ.-!T :
COU?'!CIL7 tEN ~ None
, 1ayor
ATTEST:
02J/i:L ._ _
BERT BALqBR, City >lanager/Clerk
Draft date~ 3/21/73
ORDINt\NCE NO.117 N. S.
AN ORDINANCE OF THE CITY OF nntlr,OU r~ZONING CERTAIU
PuOPERTY FROH "I''' TO "A - 2 .,
The City Council of the City of Tiburon doe. hereby ordain as follows:
Section 1. Amendment of Zoning_Map.
The Zoning Map of the City of Tiburon is amended by changing the following
described property from the P (Parks, Open Space & Recreation Zone) to the A-2
(Limited Agriculture Zone):
All that real property situated in the City of Tiburon, known as a portion
of the fo~er Northwestern Pacific Railroad right-of-way, extending from Stewart
Drive to Tro~tlc Glen BoulevQrd along Tiburon aouleVOrd. includinG the foll~1ing
Assessor's Parcels:
AP Nos. 55-071-01; and 55-071-02.
Section 2. Separability. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance. the City Council"
of the City of Tiburon hereby declares that it would have passed this ordinance
and each section, subsection, clause or phrase thereof, irrespective of the fact
that anyone or more other sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
Section 3. Effective Date. This ordinance shall take effect and be in
force thirty days after its passage, and before the expiration of fifteen days
after its passage, the same shall be published, with the names of themembers
voting for and against the same, at least once in a newspaper of general circu-
lation published in the City of Tiburon.
PASSED AND ADOPTED at ... adjou:md meeting of the City Council of the City of
Tiburon held on April 'nA , 1973. by the following vote:
AYES: Councilmen: Aramburu, Becker, Fanning, Littman, Sennett
NOES: Councilmen: None
ABSENT: Councilmen: None
ATTEST:
ULffLL
BERT BALMER. City Manager/Clerk
Draft date: 3/20/73
Revised draft date: 3/27/73
ORDINANCE NO.J.lD N. S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTIONS
l6A-2 AND l6A-4 (g)2 OF mE TIBURON CITY CODE
The City Council ot the City of Tiburon does hereby ordain as follows:
Section 1. Amendm~nt. Section l6A-2 of the Tiburon City Code is
hereby amended by revising the definition of "Frontage" contained therein to read
as follows:
"Sec. l6A-2. Definitions.
Frontage. The portion of a building parallel and adjacent to a pub{ic.
street or adjacent to a publicly traveled waterway."
S~ction 2. Amendment. Section l6A-4(g)2 of the Tiburon City Code is
hereby amended to read as follows:
"Sec. l6A-4. Specification and Standards.
(g) Area and number.
(2) The ag®ate areaof all signs for any building shall not exceed
one (1) square foot for each four (4) linear feet of frontage; provided, however,
that no single sign shall exceed forty-eight (48) square tset in area. Nor shall
any single sign exceed the allowable area based on the frontage of the street on
which it is located. However, there shall not be more than one free-standing sign
pe~itted on each property.
Provided further, that a business maintained exclusively on an
upper floor shall be entitled to a sign not to exceed one (1) square foo~t for each
four (4) linear feet of frontage of said business, subject to the limitations con-
tained in Section 16A-4(g) (2)."
Section 3. Separability. If any section, subsection, sentence, clause
or phrase of this ordinance is for any reason held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision shall not affect "
the validity of the remaining portions of the ordinance. The City Council of the
City of Tiburon hereby declares that it would have passed this ordinance and each
section, subsection, clause or phrase thereof, irrespective of the fact that any
one or more other sections, subsections, sentences, clauses or phrases may be
declared invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall take effect and be in
force thirty 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 a t a regular meeting of the City Council of the City
of Tiburon held on March 26th ,1973, by the following vote:
AYES:
NOES:
ABSENT:
Councilmen: Aramburu, tnnning, Sennett
Councilmen: None
Councilmen: Becker, Littman
ALBERT H. SENNETT
Mayor of the City of Tiburon
ATTEST:
/"/
.', /
1,-7 /
t .~___ I ..~y~I/~ -1_/'"
BERT BALMER, City Manager IClerk
Draft date: 2/12/73
Revised draft date: 3/12/73
ORDINANCE NO. 115 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TIBURON REZONING 19 ACRES OF THE LAND OF MATHE~.l
AT 4531 PARADISE DRIVE IN TIBURON FRON 110-1 TO
RO-1C (CLUSTER OVERLAY ZONE)
The City Council of the City of Tiburon does hereby ordain as follows:
Section 1. Amendment of Zoning Map.
The Zoning }Wp or the City of Tiburon is amended by changing the following
described property from the RO-l (Residential Open Zone) to RO-IC (Residential
Open Zone (1 acre) Cluster Overlay):
DESCRIPTION That certain real property situate in the County of Marin,
State of California, described as follows:
r AJlCEL ONE:
COIllIENCING at a point on the Uesterly line of ParaC:ice Drive that is the South-
easterly corner of that certain land desaibed in the Deed to George Lill{ Bock,
et 1~, dated August 1, 1944 and recorded in the o~fice of the County ~ecorder of
iIarin County on September 12, 1944 in Book 471 or Official Records, at page 66,
Harin County Records; nnd running thence Hest 891 .12 feet along the South~lesterly
line of said lands of Dock; ~hence South J. 14' ~3st (South) 320,feet ~lorig' lands
Clo'tilde Reed; thence i!orth 81 ~ 29' 50" East 779.52 feet; l:hehce North 52. 00' 30"
East 187.99 feet to ~hc llesterly line of said Paradise Drive; thence ~long said
':Jeste::-ly line of P3r;:l<Jisc D::ive North b.8. 20' Hes.t 17' feet anC:" North ~ i7 16' Hest
33.76 feet to the point of beginnLng.
PARCEL Tt-10:
BEGINNING at a point on the Hesterly line of Paradise Drive that is the Southerly
corner of that certain land conveyed by Frank Howard Allen, et ux, to J. N. David-
son, et ux, by Deed dated January 2, 1945 recorded January 2, 1945 in Book 469 of
Official Records, at page 498, Marin County Records; running thence along said
11esterly and Northerly lines of said Paradise Drive South 68- 20' East 163.519 feet,
South 43. 58' East 99 .l~83 feet, South 82 Q 45' East lLt8. 944 feet, South 40 · 25' East
54.288 feet, South 09655' West 36.794 feet, South 43042' West l72.5l:.5 feet, South
37- 23' West 172.115 feet, South 72. 40' West 155.811 feet, North 89- 43' West 93.
949 feet, South 260 L:.2' Hest 127.099 feet, South 68.38' llest 267.008 feet, South
OS. 18' West 83.381 feet to the Northerly line of the parcel conveyed by Frank
Howard Allen, et ux, to Harold A. Tomrose, et ux, by Deed recorded January 2, 1945
in Book 469 of Official Records, at page 499; thence leaving said Paradise Drive
and running along the Northerly line of said parcel so conveyed to Tomrose North
75- 0' 30" West 75.686 feet North 61' 55' 30" West 401.30 feet, North 74' 25' West
116.04 feet to the Northwesterly corner thereof; thence North 358.759 feet, to the
Southwesterly corner of said parcel so conveyed to Davidson as above mentioned;
thence along the Southerly line of said parcel North 81- 29' 50" East 779.52-
feet, North 5241 A' 30" East 187.99 feet to the point of beginning.
Section 2. Separability.
If any section, provision, sentence, clause or phrase of this ordinance is,
for any reason, declared to be invalid, such decision shall not affect the valid-
ity of the remaining sections, sentences, clauses or phrases of this ordinance, it
being the intent of the City Council of the City of Tiburon that this ordinance shall
stand notwithstanding the invalidity of such section, sentence, clause or phrase.
Draft date 2/5/73
(1)
Section 3. Effective Date.
This ordinance shall take effect and be in fo~ce thirty days ~{ter the
date of passage, and before the expiration of fifteen days after its passage
the same shall be publishe2, 'jith the names of the members voting for and
against the same, at least once in a newspaper of general circulation published
in the City of Tiburon.
PASSED AND ADOPTED AT a regular meeting of the City Council of the City
of Tiburon held on February 26th ,1973, by the follmJing vote:
AYES:
COUHCIU.IEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES:
COUNCILMEN: None
i\BS ENT :
COUUC ILHEN: None
ALDERT H.'5ENNETT
Hayo:.' of the City of Tiburon
i\ TTEST:
// /"--; L/
/ / 1: ,/ 'l," .
(_// J-L- '.r~ tv <-t.,-
llE~T BALHER, City Clerk/lIauager
Draft date: 2/5/73
(2 )
ORDINANCE NO. ~ N.8.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING ORDINANCE NO.9 N.S.,
THE ZONING ORDINANCE, BY AMENDING SECTION 20 (C)
THEREOF, TO REVISE COMPOSITION OF
BOARD OF ADJUSTMENTS AND BOARD OF DES IGN REVIEW
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. Amendment. Ordinance No.9 N.S., the Tiburon
Zoning Ordinance, is hereby amended by changing Section 20(c) to read
as follows:
"Section 20(c): Board of Ajustments and Board of Design Review.
(c) To adopt all rules and procedures necessary or convenient
for the conduct of business:
Each Board shall consist of five members, one of whom shall
be a member of the Planning Commission appointed by the Chairman
of the Planning Commission, and four of whom shall be appointed
by the Mayor with the approval of the City Council. All vacancies
shall be filled by the appointing authority for the unexpired
terms of the member whose office is vacant.
The term of office of the Planning Commission member of the
Board shall be the same as, and run concurrently with, his term
as Planning Commissioner. The terms of office of the Board
members appointed by the Mayor shall be four years, except that
the initial terms for two of the four members of each Board ap-
pointed by the Mayor shall be two years.
The Chairman of the Planning Commission shall appoint
Planning Commissioners 'who have not been appointed as regular
members of either Board to serve as alternate members in,the
absence of any regular Board member.
The Chairman of each Board shall be the regularly appointed
Planning Commission member.
Any property owner desiring a permit, or site plan and
architectural approval, or a permit or approval concerning any
matter over which the Board of Design Review has jurisdiction
shall file an application with the Secretary of the Board or the
Development Administrator. Any property owner desiring to obtain
a use permit or a variance shall file an application with the
Secretary of the Board. of Adjustments or Development Administra-
tor. Any such application shall be in such form and contain
such information as the respective Boards may, from tLme to time,
require. Each Board may initiate a proceeding leading to the
issuance of a permit by such Board;"
Section 2. ~arability. 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 jurisdic-
tion, such decision shall not affect the validity of the remaining
Draft date: 2/5/73
Revised: 2/13/73
Revised: 2/26/73
1.
portions of the ordinnnce~ The City Council of the City of Tiburon
hereby declares tha'c it vlould have passed this ordinance and each
section, subsection, clause or phrase thereof, irrespective of the
fact that anyone or more other sections, subsections, sentences,
clauses or phrases icay be dec lared invalid or unconstitutional.
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,
with the names of the ',,~rnbe!~<:; 7ot1-r.g for and against the saine, at
lease once in a ne'''Jspaper of gen(:..al circulation published in the
. City 0 f T i b1.1 :on ~
PA.SSE:D AND ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on February 26th , 1973, by the
following vote:
AYES:
NOES:
Coune ilmen: Aramburu, Becker, Fanning, Littman, Sennett
Councilmen: None
ABSENT:
Councilmen:
None
k/~A
Mayor of the City of Tiburon
ATTEST:
/7 '/~L
::' /:....[<--;/1 ~~ .'-L '-
BERT BALMER, City Manager/Clerk
Draft date: 2/5/73
Revised: 2/13/73
Revised: 2/26/73
2.
/'
ORDINANCE 113 N ~ s. ".
AN O:.JJU""'tHCE UF ThE eln 01 'fIEURON AMENDING ORDINMl:E
NO. 9 N.S... THE ZONING ORDINANCE, BY ADDING A NEW SECTION
ll-l~ PROVIDIl<<; FOR SITE PLAN A~ ARCHITECTURAL APPROV~
The City Council of tbe City of TiburoQ does hereby ordain .a follow.:
!ect1on h ~i'1dmen.t. Ordinance No. 9 N. S... the Tlburon ZoA1...
Ordinaoce, 18 hereby amended by adding thereto a new Section 11-1, to read ..
follOws:
"Sacci,on 11...1: Jii.te.Plan and..Archit~-:t\1ra}. Approval.
A. Approval Required. No structure in the RO"l, 80-2. R-l aad 1-2
&Obe8 .hall be constructed or physically altered as to aize. ..a. or .ppear.DCe,
so as to require a huilding permit, not on any lot for w~ich a variance or con-
ditional use permit has speci.fically 1 ~quired site plan and architectural
approval, nor in any other circumstances requiring site plan and architectural approval
by this ordinance, unless in compliance with the requirements of section 20 of
this ordinance and the folloWing provisions.
B. PurDo~e. The purpose of site plan and architectural approval 1.
to d.te~lne co.pliaace with the zoning ordinance and to pro.ote the orderly de..
elo,.ent of the City, the stability of land v~luee and investments aDd the leaeral
welfare, and to help prevent the ~pairmeQt or depreciation of land value. aDd
developmeut by the erection of structures or additions or alterations thereto with-
out proper attention to siting. or to unsightly, undesirable or obnoxlOUI .ppear-
acc..
8. Anplication. Application for approval shall be made to the De..l..
~Ilt Ada1Qtatrator by the property owner or his asent J authorized in vrlt:lQl by
..id ~aer. on a form prescribed for this purpose by the City_
D. InfoXlDatton to be SubsUtt~4.. ' The follow1na 1nfonaat1oD aDd uteri.ls
aball acc~.fty each application:
(1) Survey prepared by a licensed surveyor or civil easineer drewn
to 8ca1. aDd indicating clearly and wi-:h full dimensioos) tbe follow1D& lDfo....tloa:
(a) Parcel dimensions and bearings.
(b) The existing contours.
(c) Ex18tlng trees and natural features.
(2) Site plan drawn to ~~ale and indicating clearly aDd with full
dilDeu1ou, the following information:
(a) Parcel dimensions.
(b) The siting of all existing and propo.ed bul1d1na' aad
structures on the property and on adjoicing properties, to .bow locatioD, 81... J
beipt, proposed uses, and contours t existing and proposed ~ and shout.. that l1&ht
..d?a1t ar. preserved in a manner so as to contribute to the orderly and ha~onious
development of the City.
(c) Adequate drainage facilities.
(.3) The following items may be required ~o further evaluate the
propoul:
(a) Yards and open spaces between buildings t preliminary 1aad-
aca,. plan. indicating plaQt mater1~18 and type and size of trees prcpoeed.
(b) t.Jalls and fences: location. height, and materials.
(c) Offstreet parking: loc3tion. number of spaces aact d1lleulou
of parkiua areas, and internal circulation pattern.
(d) Access: pedestrian. vehicular, services: points of 1acre..,
internal circulation.
Draft date: 11/3/72
Devised Dratt date: 11/30/72
Revised Draft date: 2/13/13
Revised Draft date: 2/26 73
-1...
all puhlic tV::iiiti.c-' '?t':::T",::':<:; }",\ 'i'\.t~r.:: :,f"" ,'}\,
(0) .e.,c;.;::ril.;l; ltf.hr.:i.ng: l(.Jc;1tif)L u,d g{Hlet'i.11 nat,..a:'6a
(f Str~;et d€dic,at'~<\'t1~:l HY'id irop:nJvelnc'rlt:~~ rn:o?osed~ tf any..
t)!, Ed'jf'~,J~;,nti;.,r:c i;:~ ::<),~'\n; C:',: rf~gu.J.:r,:!d .,1}OHt; \.,:,ith undergr(t~,mdf.tl8
t !" ~.~('- [. tl1" c- ::~ '"
( Ii ) :ir (:'; 1. t L " !: tl ~~' I tJ ;. :': ';.! ~~ ';. ~?, ~,
all thE 2xt'>rtot." ""~:~~I,,;~~t: ~.;;tl.: . th',:
,::tri,d/or pet'spet.t;jy:: dr, ';'. :~r'.,;S ,.:.~U';.~
\)~. ;',L::tt,.Lc:s .j,ndic,,!'::tr1J? bU'ii(H~.gflcot' plans and
'in., . .1. '~ oJ ~i n,:: ~', G l' t3 c:r t.l C L: "U' (,,: S u nd e ;' c O:'lf~ 1d e l a t ion t
l.lr,d:.:~w:' nr ';;:t;r,;:cti..:.}::(~& to t~t:: constructed..
(,S) V:';:: t.: (:1 rr;t 1.;. ~ .
af thLH Ordin~Q(:
or Board Jc.tiGl1.
)~ :.. ~j- r. t f-'~ r
'.
..j C ({ t) ~'.~ (, Y' <:~ 1
i;'e:Ol)f l'c: pro:
~: ::::1 '::' H
~21F:' .iuh~,,:j ,,: cion to acc':)mpl ish the 1nte1!1t
:3 .',ttU';;.C d,L~ d "'tel'!tlined by either staff
E 1F f~!1!!!~y K...;.{'E".~Il.\:.j.E \~~,:':. .
itectural approval, tbe Boa~d
ciples:
In- c. z~ r. ~_~:~~ 1 g O~~ t~
() f r;,~. $ -i g~1 J'}~~'l J...e\)
tlH~ I:;u,r.p()ge~:; of site plan aud arch-
~h311 consider the following prin-
(1) It 1.2 not ~1 FiH."p,);',;~. of t:ds Sc~":tlor; that; t.ontn)l of architectural
char.icter aho:u;ld be ;:;(' rit),Jly en::orc~~d thLlt :ir:dividual init !.ative is cdfled in
the deHigr: u! arty pa:"r:icuL;n b;'l~.lding~ or 5hb~:,ta~1ti;iIGg.Iditioi'k11 expenses require.d;
:rather>> it f.f~ the i nt(:.nt ox tLii;.; Sec:; t i.nn tl1i.i i.. '"-lny control t:g~~:rc Ised be the min1mt.ln
necessat"y to .ach1(;~.fe the olh'l411 ()bje:;..~r.i.tJ,,'::;;- of t~",~ zcning oniin..;.nee,.
{ "':"'i,..,~ "1;J-..." ,,<" >~", ..,;....,. , .
.. ...&lr..~1. J,<t(:, Lt ""'... ::",,'~ tLtut~ on :t}~~o~)~:n:y ,:s relfH':1-ng to ~be ""iting
of other ~~~tructure~~ shall be considered. It is the intent of th1S Sect~on ~o
minimize obstructions to the views from other properties and maintain the estab-
lished scale of the neighborhood.
F. Sit€~~ lJevclour:'cnt Cl"it(~ria. 'in addition tD revi.e'"ing the propoaed devel...
oplllent in ;elat;:;;;t~~-;-~irGL.,entc and <:ouditions oi - the zoning ordibSnce,
the Board of Design 1,CV:i2\~'} sI';~11 CCH.'i3idc1i' such ~.)f the follO'ti1ng,Q~ are applicable
in a particular C~se:
(1) D€s:Lgn ..Hid locJt:Lon (,f. thn building,:.; 'li1d ~;trlJct...!res In relation to
the provision of adequate li[~t Aa~ Dir.
(2) L.1udsc,t1pin81' sc:n:-c;,i.r'..g and .f.::r'(: Ln,~, 1.:0 ?€r5erV~ privacy arid mitigate
adverse ef fect,t) on rH.d.~lhb;,.)ring prop:;: i: t i.e t,; ;:;ti';'';}l 1,:}. rv:l <:;(: api ng shtlll be consistent
uith the c:haracJ:"~r O!~ d'.::;ign f)f til~:; hite, /1nd suit~~hle -:;A,,:i:')tillg tree::. shall be
preserved wherevel po~~il~le.
G. Acti.on b.y n:':i;l:C~~. DC n(;'!l:L5~.; ~({::Vl0\!'.. lh:;.~ Beard of D.;jsLgn Ilevie.,., shall meet
and ac: 1': ^O- 2 'i.~. ,""'. {{";~:-t'-:~~~'~=~~~,'l~:';:::-~ -;7';::'-"~:.' '! ~~-;:-':'!,-;,-"'", ' ~'h.: .. n'" t" 'j.' ,. ,'1 '1 P',)~. f' "'~<!:11 ~1';tn' in f"ortv _ five
. v '<Or ~..," ~ '.' ~.vu. . >,., ,- '". _I:;. ~'-"', ,,\ ..... <. ".', '... "...... _. J.. ,.. .." '-j!"S"'" v~...,.. . . _
dn~1.~ of thE' t. il'i\"~ ~~ :y~;h ::i P~,)R j,~:' :,t t j,On.S ::1.1-..:;::' i ;<,>':":" \/c~d h'~~ .ttH; neve 1 OPti~ at Administrator
unles.$ a. longt.r time -,is ~~grec':d tc ~~y th;', 3p:)Licant. Thi::: Board- sh,all determine from
the reports 3nd d.'1t:.... ol.1bni.t !:'(>d) \"h(~th,~ r ell";: ,:?3e "t,nd ;s Lr.lc. r~"H'(~~ wi 11 mee t the re...
quire~t)t$ a.nd ()hj~~.ct.i.v;!~; oj: thi~::; ordindrv:~':" .'?Iud :"hall ~ upon making un ~ffirmative
finding ~lppl~Ove th.t;: :JpplJ"ceLi.on.. If) t'r:C'Li the :toforrnt.U:i.on sui,;:mitted~ the Board
finde: that the r-f:"3q(~i.r€n'!enr:s of thL'1: ordin.:;!1ce Dnd the oL':iectiv<I:'?$ set fOt'th herein
\-1ould not be se{,lH~.;-~,d~ Lt sh;Jl1 dinapprove or apprcP/';..~ ~:u,b~~{~,,~t to specl.fi(~d conditions,
changes, or S:dditioHn. 2'im.LlGgs (H: (.'lC t. 5.onf U~ql}.i'. r<..~:} by' the B,)~lrd ~lustbe impleaarented
?rior to final in~;Fe{: ti0~'1 ::,n.d OCC;'lp.:tri{:y.
fI.. Notlc(~~. The Seer{~t.::n'}' {'If -:.:hl';' j)o.H',:1 of 0~;~~i;'tn t~,QV:l{..hll ~dw.ll ~nail notices
of all .anl"l.ll',c~;r>~ f!"'.T" ~ :t'/:< I....! 1":" ;:~nfd "'.','" t~'; t'l'~!" f-'''J-''~l i ~''''';:*''()'''';11''' *"r-; t'h~'-'!1'i)'OY'oori~te
l"" l"' .-... H~ ~ ~ ~.~. , - ... ,,' .. ,<." . ;"".c. " \.. '" - '." _....." "" ..... .. ,... ".._ " . .~ .... .. _... , ~ .-:,. Ii' 'i&
property OW't!D!' f S ossf.)t:iatiuH ~n.d ::d.l property" GI.?ne~cs .;;ithin two hundr-ed feet in
the It-I and n-2 zon{~:J and JOn .fe(~t i'.l the RO~.l E~nd r~O-2 ZOn(~B of the e:x:terior hound...
;)ries of the subject prcp(xty ~ usi.nli th3 (,Hllt1t':'i:shi..ps ~ ndntt:~s .and addrlJs!;es frOtr1 the
la$t ~.'ldoptcd tax ;,;ollc Such notic"f di-:lll be maLlt::.J n,t least ten d~ys prier t<.' the
hearing .1t which the appli.t:atifin shs 11 be hc:',ird; hoocv~:n.'.t the failure of :iriy prop'"
ert)' ~T;r ttJ re(>~.;.i\H~ th,~ notice shaLl t10t iO'ji:11idate th(~ proceedinzs.. Notice shall
oot be decn1ed ne~e~~sar'y fo:- ac:ceSBi. :'~y ~uncii,ng!':::::n: mlno:r altP.ratiQns not of a sub..
stantLl1 nature.
Draft date 11/3/72
Revised dt'Hft: dJlte;
f'...eVlll(>d draft dE,';:i;;:
RevIsed .-IrBft '..k,tc~
Revised draft date:
1.1 i:.iO/i?
1 /2/73
~~ ./ ~L ~_:J /" -I :.~
-~} .~~
2/26/73
Section 2. SeparabilitX? If any section, subsection, sentence. clause or
phrase of this ordinance is for any reason held to be invlaid or unconstitutional
by the decision of a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance. The City Council
of the City of Tiburon hereby declares that it would have passed this ordinance
and each section, subsection, clause or phrase thereof, irrespective of the fact
that anyone or more other sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
Section 3. Effective Date. This ordinance shall take effect and be in
force thirty days after 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 circu-
lation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
T1buron held on February 26th _.' 1973, by the following vote:
AYES:
COUNCILMEN: Aramburu, Becker, Fanning, Littman, Sennett
NOES:
COUNCILMEN:
None L"
None ~ .
4/n ~
R T H. SE IT
~~yor' of the City of Tiburon
ABSENT:
COUNCILMEN:
ATTEST:
~ /) /'
/ ,~ '/ ~
//lcJlchL y~ L,
BERT BALMER, City Manager/Clerk
3.
Draft date: 11/3/72
Revised draft date: 2113/73
Revised draft date: 2/26/73
ORDINANCE NO. 112N.S.
AN ORDIlfAlCE or THE CITY OF TIBURON AMENDING ORDINANCE
NO. 9 N.S. J THE ZONING ORDINANCE, BY AMENDING SECTION
11: DESIGN UVIEW.
The City Council of the City of T1buron does hereby ordain a. follow.,
Section 1. Amend&ent. OrcLnance No.9 N. S., the TiburoD ZoG1D8
OrdlD4oce, 1s hereby amended by changing Section 11, to read 88 follows:
"Section 11: Des1an P~v1ew:
(A) No parcel shall be used for three or more seperate bul1dlQ88 nor
aD)' buildings constructed ill the P, A2~ RP, R3. PA) CV, or CG zones, nor Oil aa.,.
lot for which a variance or conditional use permit baa speci.fically required
Preci8e Plan Review, nor in any ()ther circumstances requiriag Deslp Review b,
this Ordi..nce unless in compliance with all the following Dealaft Review re-
qulrementa;
(8) A Precise Plan 8S specified in Section 27-2 and such other ift-
formation as may be required In order to dete~1ne its complianee with the
provision. of the Zoning Ordinance and other applicable ordinaaces, sball be
8ubmitted to the Planning Commission for its approval. No building permit
shall be issued except in cQoformity with the approved Precise Plan;
(C) The Planning Commission shall consider whether a part1cular de_lift
1s compatible with ,the established scale and design of TiburoD development aad
the general appearance of the City of Tiburon;
(D) The approval of the Precise Plan shall expire and bec~ 0\111
aad void ODe year after the date of approval unless a building pe~lt ba.
been obtained for any building thereon at the date of expiratlont or unless
sucb approval 1s extended or amended prior to expiration;
(B) In reviewing a Precise Plan, the Planning Coma1ssion aball .._
certain lts compliance with the provisions of this ordinance, and other
applicable ordinances and cos1der further the safety, comfort and convenieace
of the public, particularly in relation to traffic access, circulation aDd
park!.. grading and drtl1_na!fll:- p:r:operty values. mainteu.ance of property valuee,
and fencing and landscaping. The Planning Coamission may require such COil-
ditioQS to the approval of a Prec ise Plan as may be necessary to conform to
the purposes of this ordinance and other applicable ordinances.
Draft date 1/417.3 - -1,.
Revised draft date: 2/13/73
/"
(F) If the Precise Plan is within an area in which a Specific
Plan has been adopted by the City Council, or if the Precise Plan is not in con-
formance with the General Plan of the 'City of Tiburon or any Specific Plan adopted
as part of the General Plan, the Precise Plan shall be referred to the City
Council for review and approval in accordance with the recommendation of the
Planning Commission.
Section 2. Separabilit~. If any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason held to be invalid or un-
constitutional by the decision of a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the ordinance. The
City Council of the City of Tiburon hereby declares that it would have passed this
ordinance and each section, subsection,.clause or phrase thereof, irrespective of
the fact that anyone or more other sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
Section 3. Effective Date. This ordinance shall take effect and
be in force thirty days after its passage, and before the expiration of fifteen
days after its passage, the same shall be published, tlith the names of the members
voting for and against the same, at least once in a netlSpaper of general circulation
published in the City of Tiburon.
PASSED AND ADOPTED at a regular meetin of the City Council of the
City of Tiburon held on
February 26th
, 1973, by the following vote:
AYES:
COUNCI~lEN: Aramburu, Fanning, Littman, Sennett
NOES:
COUNCI~mN: Becker
ABSENT:
COUNCILMEN: None
~~t~~
Mayor of the City of Tiburon
ATTEST:
a~,L
BERT BALHER, City Manager/Clerk
Draft date: 1/4/73
Revised draft date: 2/13/73
-2-
ORDINANCE NO. III N. S.
AN URGENCY ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 11
OF THE TIBURON MUNICIPAL CODE RELATING TO TAXICABS
The City Council of the City of Tiburon does hereby ordain a~
follows:
Section 1. Amendment. Chapter 11 of the Tiburon Municipal
Code is hereby amended to read as follows:
"CHAf'lER 11.
TAXICABS.
Sec. 11-1. "Taxicab" defined.
For the purposes of this chapter, the term "taxicab"
shall mean and include any vehicle used to carry passengers
for hire but not operating a fixed route.
Sec. 11-2. Certificate required.
It is unlawful to operate or drive upon the streets of
the city any taxicab, without first obtaining a certificate of
public convenience therefor in accordance with the provisions
of this chapter. Provided, however, that this chapter does not
apply to vehicles licensed in other cities merely delivering
passengers into the city or driving through the city while going
to some other location; it does, however, apply to taxicabs
coming into the city for the purpose of picking up passengers
whether they are licensed in another city or not.
Sec. 11-3. Application for certificate.
Application for a certificate sha1.! be made to the city
council, filed with the city clerk and shall contain the follow-
ing information:
(1) Name and address of the owner or owners and name
under which the business will be operated;
(2) A statement of financial ability and responsibility
of the applicant;
(3) Number and kind of vehicles to be operated;
(4) Experience of the applicant in the transportation
of passengers for hire;
(5) Any facts relative to public convenience applicant
feels will have a bearing upon the issuing of a certificate;
(6) A schedule of fares to be charged, including meter
rates, waiting time and flat rate schedules;
(7) An agreement executed by the applicant stipulating
that at least one taxicab will operate not less thantwe~ty-four
hours per day, seven days per week;
Draft date: 2/12/73
1.
(8) Such other information as the city council may require
in rendering its decision on the application.
Sec. 11-4. Public heari~.
Upon the filing of an application, the city clerk shall promptly
notify both the applicant and the holders of all existing certificates of
Public Convenience issued by this City, in writing, mailed to theprin-
cipa1 place of business of the appiicant and holders, respectively, of the
time and place set for consideration of the application by the city council.
The hearing shall be held within thirty days of the date of the filing of
the application, but not less than ten days following the mailing of notice
of hearing as provided hereinabove, and may be continued from time to time
by the council.
Sec. 11-5. Standards.
In determining whether such certificate should be granted,
the city council shall take into consideration the following:
(1) Whether the demand of public convenience and
necessity require such proposed or such additional service within
the city;
(2) The probable permanence and quality of service of-
fered by the applicant;
(3) The financial ability, character and responsibility
of the applicant;
(4) The number and character of vehicles proposed and
required;
(5) The experience of the applicant;
(6) The schedule of fares proposed to be charged;
(7) The effect on existing operations;
(8) Any other relevant facts as the council may deem
advisable and necessary.
The city council may at any t~e, after due notice to the
holder of such certificate of public convenience, hold a public
hearing to consider whether such certificate shall be revoked
or modified, and thereafter may, for good cause, revoke or modify
such certificate.
Sec. 11-6. Decisions and actions by council.
The findings and decision of the city council upon all
questions of public convenience and necessity are final and
conclusive. In granting a certificate to operate, the council
may prescribe such conditions relative to the operation as it
feels may be justified. The council may at any t~e, after a
hearing, and for good cause, suspend, amend or revoke a certi-
ficate for violation of any of the conditions imposed in granting
of the certificate, any of the provisions of this chapter or of
any state law.
Sec. 11-7. Issuance of certificate; annual fee.
Upon approval of an application by the city council, the
city clerk shall issue the certificate to the applicant. Such
certificate shall constitute a certificate of public convenience
Draft date: 1/31/73
Revised 2/14/73
2.
and necessity and shall authorize the operation in the city of
the number of taxicabs shown on the certificate. The city clerk
shall collect from the applicant, prior to the issuance of the
certificate, a fee of thirty dollars for each taxicab authorized.
Said fee shall be paid annually thereafter for each such taxicab.
Sec. 11-8. Certificate nontransferable.
-~y certificate issued under the provisions of this
chapter is not transferable without the prior approval of the
city council. Application for transfer shall be submitted and
acted upon in the same manner as an original application.
Sec. 11-9. Insurance requi-ed.
(1) Each holder of a certificate issued under the pro-
visions of this chapter shall, before operating any vehicle
thereunder, obtain and file with the city clerk a good and valid
certificate of insurance, issued by an insurance company autho-
rized to do business in the State of California, insuring such
holder of the certificate against loss by reason of damages re-
sulting to any person or property from the operation of such
vehicle or vehicles. Such policy shall be in the sum of not
less than the following:
(a) For the injury or death of anyone person, one
hundred thousand dollars, and for injury or death of two
or more persons, three hundred thousand dollars;
(b) For the damage or destruction of property,
fifty thousand dollars.
(2) Such policy of insurance shall at all times be kept
in full force and effect.
Sec. 11-10. Inspection of vehicles.
All taxicabs shall be maintained in good working order.
The chief of police shall inspect the taxicabs as often as he
deems necessary, and may order the operator to make satisfactory
repairs, including repairs to body when needed.
Sec. 11-11. Schedule of fares.
It is unlawnll to charge or collect any other or differ-
ent compensation for use of any taxicab than that specified in
the schedule of fares ctpproved by the city council and on file
with the city and at tbe time in effect. Such schedule of fares
shall not be changed without prior approval of the city council.
The approved schedule of fares shall be posted in a conspicuous
place in the passenger compartment of each taxicab.
Sec. 11-12. Marking of taxicabs.
Every taxicab shall have the name under which the owner
operates plainly marked in letters at least two inches in height
in the center of both front doors; in addition, each vehicle is
to be marked with an individual identification number.
Sec. 11-13. Place of business.
The operator of any taxicab business who has a certificate
of public convenience shall designate and maintain a fixed place
Draft date: 1/31/73
3.
of business within the city, together with toll-free telephone
service, which place of business may be a taxi stand, either at
a designated curb stand location or in an offstreet parking lot
easily accessible to the general public, or both, which place
of business shall first be approved by the city manager.
Sec. 11-14. Driver permit required.
No person shall operate a taxicab upon the streets of the
city of Tiburon, and no ownEr shall permit such vehicle to be so
driven, unless the driver thereof shall have first obtained, and
have then in force, a driver's permit issued under the provisions
of the following sections:
(1) Application for driver's permit. An application for
a driver's permit shall be filed with the Tiburon chief of police
on fonms provided by the city, together with a filing fee of ten
dollars, shall be verified by the affidavit of the driver, and
shall set forth the following information:
(a) The na~e, address and age of the driver, and if
the driver has ever been known by any other names, such
other names shall be set forth.
(b) Age, marital status, height, complexion, color
of eyes and hair.
(c) The number and date of issuance of his Cali-
fornia driver's license.
(d) Places of residence during the five years next
preceding the filing of the application.
(e) Places of previous employment during the five
years next preceding the filing of the application.
(f) Whether he has ever been previously licensed
as a driver or chauffeur and if so, whether his license has
ever been revoked or svspended or refused, and if so, the
details, reason, and disposition of the matter.
(g) A statement of physical condition, including
a statement of whether or not the driver has ever had
epilepsy, black-out periods, fainting spells, heart trouble,
or has been addXted to the use of alcohol, narcotics, or any
form of hypnotic or dangerous drugs.
(h) w~ether or not he has ever been convicted of a
felony or a misdemeanor, and if so, the details regarding
the charge, the court, and punishment.
(2) Consideration of application and standards for deter-
mination. On filing an application, the driver shall submit to
fingerprinting by the chief of police, or a public agency desig-
nated by the chief of police.
The following qualifications shall be found by the
chief of police prior to the issuance of a driver's permit:
(a) Driver must be of good moral character;
(b) Driver must be of the age of 18 years or over;
Draft date: 1/31/73
tevised 2/14/73
4.
(c) Driver must be able to read and write the
English language;
(d) Driver must be of sound physique, with good
eyesight and not subject to epilepsy, vertigo, heart
trouble or any other infirmity of the body or mind, and not
addicted to the use of intoxicating liquor, or narcotics;
(e) Driver must not have been convicted of five or
more violations of traffic regulations involving moving
vehicles within the period of two years prior to filing the
application;
(f) Driver must not have been convicted of driving
while under the influe~ce of intoxicating liquor or drugs
or a combination thereof, or any felony, within five years
prior to the filing of the application;
(g) Driver must hold a valid unrevoked and unsus-
pended chauffeur's license issued by the California depart-
ment of motor vehicles.
All drivers' permits issued hereunder shall be issued
by the chief of police of the city of Tiburon.
(3) Temporary driver's permit. A temporary driver's
permit may be issued by the chief of police for a period of not
to exceed sixty days.
(4) Display of permit. Every driver hereunder shall
displar in the rear or passenger portion of the taxicab his
driver s permit in such a place as to be in full view of the
passengers in such vehicle.
(5) The chief of
police is here y aut or1ze to suspen or revo e any driver's
permit issued under this chapter for the driver's failure or
refusal to comply with the provisions of this chapter, or for
any reason which would justify the refusal to issue the permit,
as hereinabove set out, or if the driver has committed any ille-
gal act against the person or property of any passenger in his
vehicle, or any illegal act against the property interest of the
owner of the said vehicle, or if, for any reasonable cause, the
driver has ceased to be a fit and proper person to operate a
taxicab. No suspension shal be for more than a period of thirty
days. Notice of a suspension or revocation of a driver's permit
shall be given by either personal service on the driver and to
his employer or by mail addressed to the driver's residence
address shown on his application, and to the address of his
employer.
(6) Appeal. Any driver who i.s refused a permit, or any
driver whose permit is sU$pended or revoked, may appeal such ac-
tion to the city council by filing a written appeal with the
city clerk, and shall serve one copy thereof on the chief of
police. Said appeal shall show appellant's current address and
shall set forth with particularity the grounds for the appeal.
The clerk shall set such appeal for hearing at a meeting of the
city council within thirty days from the date of the filing of
the appeal, and shall send notice thereof to the chief of police
and to the appellant at the address shown on his written appeal
The council may affit~, reverse or modify the action appealed
)raft date: 1/31/73
.5.
from. The decision of the city council shall be final.
(7) Duration of driver's permit and renewal. A driver's
permit issued hereunder shall be valid for a period of three
years from the date of issuance; applications for renewal shall
be filed with the chief of police on forms provided by the city
and shall be accompanied by a fee of ten dollars.
Sec-. 11-15. Emergency certificates.
In the event that the city manager finds that the holder
of a certificate is not providing regular taxicab service to the
residents of the city, the city manager may issue an emergency
certificate of public convenience for a period not to exceed
sixty days and may be extended for an additional 60 day period with the
consent of the city counci.l.ft
Section 2. ~arability. 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 ordinance. The City Council of the City of Tiburon hereby de-
clares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that
anyone or more other sections, subsections, clauses or phrases may be
declared invalid or unconstitutional. .
Section 30 Urgency. This ordinance iR hereby declared to be an
urgency ordinance and is required for the immediate preservation of the
public health, peace, safety, comfort and general welfare of the City
of Tiburon and its residents, for the following reasons: The City of
fiburon does not have, at this time, any person or other entity legally
authorized to operate a taxicab business within the City; the only cer-
tificate of public convenience that had been issued by the City pursua~.
to Chapter 11 of the Tiburon Municipal Code was one issued to Charles
r. Cohen, as an individual. The said Charles T. Cohen has died, and no
new certificate of public convenience has yet been issued. It is
vital for the convenience and interests of the residents of the City
that this ordinance be effective immediately so that its comprehensive
regulatory provisions will be operative prior to the issuance of any
certificate of public convenience which may be issued by the City
Council, and so that there will ue validly enacted authority allowing
the issuance of emergency certificates.
Section 4. Effective Date. This ordinance shall become effec-
tive immediately upon its passage, and within fifteen days thereafter,
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 circula-
tion published in the City of Tiburon.
PASSED AND ADOPI'ED at an adjourned meeting of the City Council of
the City of Tiburon held on Febru~ry 14th , 1973, by the follow-
ing vote:
AYES:
NOES:
ABSENT:
Councilme,n: Aramburu, Becker, Fanning) Littman) Sennett
Councilmen: ., ~
Counc ilmen: a #:4 y.
~n ~~d
l\TTEST:
~'/A/l ,I Mayor of the City of Tiburon
BERT r/*<-/ !t/1/t_<--
, C1ty Manager/Clerk
Draft date: 2/12/73
ievised: 2/14/73
6.
ORDINANCE NO. 110 N.S.
AN URGENCY ORDINANCE OF THE CITY OF TIBURON
Ar1ENDING CHAPTER 14 OF THE TIBURON HUNICIPAL
CODE
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. Amendment. Section 14-50(a) (2) is hereby amended
to read as follows:
"Sec. l4-50(a) (2). For subdivisions containing less than fifty
parcels, the subdivider shall pay a fee equal in value to the
appropriate percentage of one and one-half acres per one hundred
parcels or five per cent of the total land area in the subdivi-
sion, whichever is greater; provided, however, that in the case
of subdivisions which involve the conversion of existing multiple
units to condominiums the subdivider shall pay a fee equal in
value to five per cent of the total land area in the subdivision.
The fee shall be based on the appraised market value of land as
determined most recently by the County Assessor.tI
Section 2. Applicability. This ordinance shall be applicable
to any subdivision as to which a final map has not been recorded in
the office of the Marin County Recorder.
Section 3. 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, clauses or phrases may be de-
clared invalid.
Section 4. Effective Date. This ordinance shall take effect
~ediate1y upon its passage as an urgency ordinance enacted pursuant to
Section 36937 of the Government Code of the State of California, the
City Council finding that the immediate preservation of the public peace,
health and safety require immediate effectivness in order to alleviate the
various problems visited upon the residents and subdividers, which have
been created by the delays preceeding the adoption of this ordinance.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon held on January 8, 1973, by the following vote:
AYES:
NOES:
COUNCILr.1EN: Ararnburu, Becker, Fanning, Littman,
Sennett
COUNCILHEN: None
ABSENT:
COUNCILHEN: None
Tiburon
ATTEST:
~divL
BERTuBALMER, City Manager/Clerk
Draft Date: 11/2/72
Revised 1/8/73
ORDINANCE NO. 109 M.S.
AN ORDINANCE OF THE CITY OF TIBURON ADDING CHAPTER 14A
TO THE TIBURON UUNICIPAL CODE, ESTABLISHING DRAINAGE
AREAS AND DRAINAGE FEES
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. Amendment. The Tiburon ~lunicipal Code is hereby
amended by adding Chapter 14A to read as follows:
"CHAPTER l4A
DRAINAGE AREAS
Section l4A-l. Purpose. This Chapter Is.. enaeted for tbe purpose
of establishing drainage fees to defray the actual or estimated costs of con-
structing planned drainage facilities for tba removal of surface and storm
waters from locnl or ncighborbood drninage areas.
Section 14A-2. Adoption of Drainaqe Plan - Findin9s as to Costs.
The drainage plans and maps and the construction costs and drainage
fees referred to in this Chapter are hereby adopted for the local
drainage areas hereinafter specified. The City Council of the City
of Tiburon does hereby find that the subdivision, or division of
land not defined as a subdivision, and development of property
within the planned local drainage areas hereinafter referred to will
require construction of the facilities described in the various
drainage plans and the fees set forth herein are fairly apportioned
within the local drainage areas, either on the basis of benefits
conferred on property proposed for subdivision or other divisions or
on the need for local drainage facilities created by the proposed
subdivision or other divisions and development of other property
within said local drainage areas.
Section l4A-3. Reed Basin t1atershed; Cost; Future Charges.
A. Local Drainage Area Designated.
A drainage area to be designated as Reed Basin Watershed
is hereby created to consist of all of the territory shown on the
local drainage plan and map (composed of one or more parts) entitled
"A Study for the Elimination of Flood Problems in the Cities of
Belvedere and Tiburon", prepared by rt. Hudis, Consulting Civil
Engineer, designated therein as Reed School Watershed, which is on
file with the City Clerk.
B. ~.
The estimated total cost of constructing the local drainage
facilities required by the plan for the Reed Basin Watershed is the
sum of $229,740.00.
C. Future Charges.
All future subdivisions or division of land not defined as
a subdivision within the Reed Basin Watershed shall be charged a
drainage fee at the rate of $1,079 per acre. In the case of sub-
divisions or other divisions containing five or more lots, said
drainage fee shall be paid by the subdivider to the City on or before
the approval of the final map of such subdivision, or the payment
thereof shall be guaranteed in the manner satisfactory to the City.
In the case of subdivisions or other divisions containing less than
five lots, said drainage fee shall be paid by the subdivider to the
City prior to the recording of the final parcel map, or the payment
thereof shall be guaranteed in a manner satisfactory to the City.
Prior to the issuance of any building permit for construction on a
Draft Date: 10/10/72
Revised Draft: 11/1/72
Revised Draft: 12/6/72
Final Draft: 1/8/7J
-1-
parcel of undeveloped property which is not a part of a subdivision for which a
drainage fee has already beeu paid, there shall be paid to the City of Tiburon
a drainage fee at the rat.e of $1,079 per acre, provided that, for any such
parcel containing less than one acre, said drainage fee shall be prorated, but
in no event less than $539.50. The drainage charges imposed by this Section
shall be in addition to all other charges to be made against the subdivision or
parcel of property for street improvements or other purposes.
Section l4A-4. Downt::~-roir.t Tiburon Watershed; Cost, Future Char~es.
A. Local Drainage Ar~1. D~sj.F;r'.a t2.1.
A drainage are~ to be disign~ted as Do~mtown-Point Tiburon Watershed
is hereby created to con~ist of all of the territory shown on the local
drainage plan and map (comro~ed of one or more parts) entitled '~ Study
for the Elimination of Flo~1 Prob:c~s in the Cities of Belvedere and Tiburon",
prepared by M. Hudis, Consulting Civil Engineer, designated therein as the
Downtown and Point Tiburon Watershed, which is on fila 'with the City Clerk.
B. ~.
The estim~ted total cost of constructing the local drainage facilities
required by the plan for the Do~;ntown-Point Tiburon Watershed is the sum
of $399,500.00.
C. Future Char2es.
All future subdivisions within the Downtown-Point Tiburon Watershed
shall be charged a drainage fea at the rate of $1,241 per acre. In the case
of subdivions or other divisions cont~ining five or more lots, said drainage
fee shall be paid by the subdivider to the City on or before the approval of
the final map of such subdivision, or the payment thereof shall be guarante~d
in a manner satisfactory to the City. In the case of subdivisions or other
divisions containing less th~n five lots, said drainage fee shall be paid by
the subdivider to the City prior to the recording of the final property map, or
the payment thereof shall be gunrantzed in a m~nner satisfactory to the City.
Prior to the issuance of e~,7 building permit for construction on a parcel of
undeveloped property which is ~ot pert of a subdivision for which a drainage fee
has already been paid, there ~~~1.1 ~3 p2:d to the City of Tiburon a drainage fee
at the rate of $1,241 per ecrc, r~c~ids~ ~t~t, for any such parcel containing
less than one acre, said dr~i~2ge f~e shall be prorated, but in no event less
than $620.50. The dr~inage c~~rges i~posed by this Section shall be in addition
to all other charges to be m~cla ~g~inst the subdivision or parcel of property
for street improve~~nts or ot~er p(~~poses.
~?';:tion 14rv"5. !:~posit: e.nd Upe of Funds.
There is hereby created in tta City of Tiburon treasury a planned local
drainage facilities fund for e~ch local drainage area referred to in this
Chapter. All drainage fees p~id pursuant to the provisions of this Chapter
shall be paid in to the respective funds. Monies in each such fund shall be
expended solely for the construction or reimbursement for construction of local
drainage facilities within the planned local drainage area from which the fees
comprising the fund were coll.ected, or to reimburse the City for the cost of
engineering and administrative services to form the district and design and con-
struct the facilities.
In the event an assess~~nt district is hereafter formed for the construction
and financing of drain~ga facilities affecting any of the designated drainage areas,
the City shall deliver to the applicable district all unexpended monies which it
may have collected hereunder. Renl property assessed by any such district for
which monies have previously been paid pursuant to the provisions hereof shall
receive full credit against such assessment for all such monies paid. In the
event any such asses[~ent exc~eds the amount of the drainage fee previously
paid hereunder, then such rc~l p~operty
- 2 -
shall be liable for such excessJ and, in the event such assessment
is less than the amount of said fee previously paid hereunder, the
then legal O\4ner of said real property shal,l be entitled to a refund
of any such overpayment. The refund so paid shall constitute a
full discharge of City's obligation to make a refund hereunder."
Section 2. Separability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance. The City Council of the City of Tiburon hereby declares
that it would have passed this ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that anyone or more
other sections, subsections, sentences, clauses or phrases may be de-
clared invalid or unconstitutional.
Section 3. Effective Date. This ordinance shall take effect and
be in force thirty days after its passage and before the expiration of
fifteen days after its passage, the same shall be published, with the
names of the members voting for and against the same, at least once in a
newspaper of general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon held on Januarv 8. , 1973, by the follow-
ing vote:
AYES:
COUNCILUEN: Becker, Aramburu, Sennett
NOES:
COUNCILr.iEN: Fanning, Littman
ABSENT:
COUNCILHEN:
ATTEST:
aL~~
BERT BAlJ1ER, City Manager/Clerk
Draft Date: 10/10/72
Revised Date: 11/1/72
Revi$ed Date: 12/6/72
Final Draft: 1/8773
-3-
ORDINANCE NO.~ N.S.
AN ORDINANCE OF THE CITY OF TIBURON AMENDING SECTION
27(G)1 OF ORDINANCE NO. 9'"N.S., THE ZONING ORDINANCE,
BY PROHIBITING THE USE OF VEHICLES FOR RESIDENTIAL USE
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. Amendment.
Section 27(G)1 of Ordinance No.9 N.S., the Tiburon Zoning
Ordinance, is hereby amended to r<.~ad as follows:
U(G) Trailers, mobilehomes, boats, trucks and campers:
1. It shall be unlawful for any person to place,
keep or maintain any travel trailer, automobile,
truck, camper, mobile home, camp car, boat, or other tem-
porary or movable facility for residential use. Parking
or storage of trucks having gross weights of less than
5,000 pounds (2-1/2 tons), trailers, mobile homes, boats
and campers for periods in excess of 72 hours is permitted
in completely enclosed structures or when'not plainly visi-
ble from any public right-of-way; provided that public
agency or utility company vehicles on official business',
may be kept or. placed in residential districts; and fur-
ther provided that construction trailers used exclusively
for contractors' or workmen's accommodations and equipment
are permitted during the construction of a lawful house or
other structure without a use permit for a period of not
to exceed one (1) year, and thereafter only upon the
granting of a use permit in accordance with Section 18;".
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 sec-
tions, subsections, sentences, clauses or phrases may be declared
invalid.
See.tion 3. Effective Date..
This ordinance shall take effect and be in force thirty days
after the date of its passage, and before the expiration of fifteen
By draft date:
Revised draft date:
6/20/72
11/7/72
1.
days after its passage, the same shall be published, with the name~
of the members voting for and against the same, at least once in a
newspaper of general circulation published in the City of Tiburon.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tiburon held on December 11th , 1972, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmen: Aramburu, Fanning, Sennett
Councilmen: Li ttman, Becker
Counci~n: . . ~~{;___~ ~
~T R. ~'TI'
Mayor of the City of Tiburon
ATTEST:
~4L~
BEkr , City Manager/Clerk
By draft date: 6/20/72
Revised draft date: 11/7/72
2.
ORDINANCE NO.
107
N.S.
AN INTERIM ORDINANCE OF THE CITY OF TIBURON
EXTENDING ORDINANCE NO. 82 N.S. AS AMENDED BY
ORDINANCE NO. 87 N.S.
The City Ct't1I1cil of the City of Tiburon does hereby ordain
as fallotivs:
Section 1.
gin~ings
The City Council of the City of Tiburon does hereby find and
declare that the follo\ving f;irr~ :'3""n ~_1_;.:' ~
(a) Subsequent to the adoption of Ordinance No. 82
N.S., on January 31, 1972, the City Council 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 pre-
paring and adopting a local open-space plan for the comprehensive
and long-range preservation and conservation of open space land
within the City, and an open-space zoning ordinance to be consistent
with the aforementioned open-space plan.
(b) The City has retained the services of Williams ~
Mocine, professional planning consultants, in order to prepare th(
open-space plan and zoning proposal, and such consultants have beQi.\
expeditiously studying zoning proposals and open-space plans for tt..i.'
real property which is the subject of this ordinance, which plan
and proposals may be inconsistent with any development or subdivisi,y'
of said property.
(c) Said plans and proposal have recently been pre-
sented to the City and the same are now being studied by the planni,'
staff and Planning Commission.
(d) In order to allow sufficient time for the City
Council to receiv~ examine) study and effectively act upon the
recommendations of the Planning Commission, planning staff) and
consultants.t it is necessary :hat interim zOl'ing ordinance No.
82 N.S. be extended for a pe}-;od of one (1) year, pursuant to the
provisions of Section 65858 of the Government Code of the State of
Californin.
Section 2. Extension.
Ordinance No. 82 N.S., as amended, and extended, by Ordinance
No. 87 N.S., is hereby extended for a period of one (1) year f~m
and after December 3D, 1972.
Section 3. S~~a!?abilitv.
If any section, subsection, sentence, clause or phrase of
.~~- ~-~~n1"ce is for any reason held to be invalid or uncon-
stitional by the decision of a court of competent jurisdiction,
such decision shall not affect the validity of Lhe remaining p()r.ti\~ns
(
of the ordinance. The City Council of the City of Tiburon hereby
declares that it would have passed this ordinance, and each section,
subsection, sentence, clause or phrase thereof, irrespective of the
fact that anyone or more sections, subsections, sentences, clauses
or phrases may be declared invalid or unconstitutional.
4. Section 4. Publication.
Before the expiration of fifteen (15) days after the
adoption of this ordinance, the same shall be published, with the
names of the members voting for and against the same, at least once
in a newspaper of general 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 27th, 1972 , by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILI~EN: Aramburu, Becker, Fanning, Littman, Sennett
COUNCILMEN: None
COUNCILMEN: None
COUNCILMEN: None
~.?/~~
AICBERT H. SENNETT ------
Mayor of the City of Tiburon
ATTEST:
a-n:z~L~
BE'RT BALMER, City Manager/Clerk
Draft Date:
11/9/72
ORDINANCE NO. 106 N.S.
A...~ ORDINANCE OF THE CITY OF TIBURON DECLARING
THE NEED FOR A REDEVELOPMENT AGENCY
TO FUNCTION IN THE CITY OF TIBURON A1~ DECLARING
THE CITY COUNCIL TO BE SAID REDEVELOPMENT AGENCY
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. The City Council of the City of Tiburon does hereby
declare that there is a need for a redevelopment agency to function in
the City of Tiburon.
Section 2. The City Council of the City of Tiburon does hereby
further declare itself to be the redevelopment agency with all the
rights, duties, powers, privileges and immunities of such agency, as
provided by the Community Redevelopment Law of the State of California,
vested in the Council of the City of Tiburon.
Section 3. These declarations are made in accordance with the
provisions of the Community Redevelopment Law of the State of Califor-
nia.
Section 4. The redevelopment agency created in the City of
Tiburon by the terms of the Community Redevelopment Law be, and the
same is hereby designated the "Tiburon Redevelopment Agency".
Section 5. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid or un-
constitutional by the decision of a courtcr competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance. The City Council of the City Qf Tiburon hereby de-
clares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that
anyone or more other sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
Section 6. This or dinancp srall 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 news-
paper of general cirulation published in the City of Tiburon.
PASSED AND ADOPTED at
the City of Tiburon held on
vote: - -
a regular meeting of the City Council of
October 24th , 1972, by the following
AYES:
NOES:
ABSENT:
Councilmen: Aramburu, Fanning, Littman, Sennett
Councilmen: Becker
Coune ilme.n:
ATTEST:
o:LdJ~L
BERT BALMER, City Clerk
Draft date: 10/10/72.
ORDINANCE NO. ,105 N.S.
AN ORDINANCE OF THE CITY OF TIBURON &lv1ENDING CHAPTER 20
OF THE TIBURON 1--fUNICIPAL CODE
BY PROVIDING FOR PENALTIES FOR VIOLATIONS
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. Amendment.
Chapter 20 of the TibJron Municipal Code is hereby
amended by adding Section 20-25, to read as follows:
"Sec. 20 - 25.
Penalty.
Violation of any provision of this Chapter
is an infraction punishable by a fine of not more
than fifty dollars ($50.00) for the first offense,
and for a second or subsequent offense a fine of
not more than one hundred dollars ($100.00)."
Section 2. Separability.
If any section, subsection, sentence, clause or phrase
of this oroinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this ordi-
nance. 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 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 A}ID ADOPTED at a regular meeting of the City Council
of the City of Tiburon held on October 10th , 1972, by the follow-
ing vote:
AYES:
Councilmen: Aramburu, Littman, Fanning, Sennett
NOES:
Councilmen: None
sf
ABSENT:
Councilmen: Becker
Hayor
ATTEST :
sf
BERT BALMER. City Manager/Clerk
Draft date: 6/14/72
URn L'iANCE NO. 104 N. S .
AN ORDINANCE OF TIlE CITY OF TIBURON ADDING CHAPTER 27 .
TO THE TIBURON MUNICIPAL CODE, PROVIDING
FOR THE DISPOSITION OFJlrCLAlMED PROPERTY
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. ~~endment.
The Tiburon Municipal Code is hereby amended by adding
Chapter 27 thereto, to read as follows:
"CHAFTER 2 7
IJNClAIIvrED PROPERTY
Sec. 27-1. Polipe Departmel t to Hold ,l:?roper!l.
Any unclaimed property not in excess of $250 in value in the
possession of the City of Tiburon shall be held by tha Tiburon Police
Department for a period of at least four months.
Sec. 27-2. Recove~l'Y Owner.
At any time during the period that any unclaimed
property is held by the Police Department, and prior to
the sale or retention by the City, as hereinafter provided,
the owner thereof may recover the property 11pon proving
ownership thereof to the satisfaction of the Police Chief
and the payment of any costs to the City of Tiburon that
the Police Chief may determine to have been incurred in the
towing, carting, storage, advertising or otherwise maintain-
ing said property.
Sec. 27-3. Inventory of Property.
The Pol.ice Chief, or his designate, shall, at such
times as in his discretion appears desirable, inventory
all personal property which has come into the possession of
the City of Tiburon and which has been 'unclaimed by the
owner. Such inventory shall give a brief description of
all property so held.
Sec. 27-4. Notice of Sale.
At any time after the property has been held by the
Police Department for four (4) months or more:, the Police
Chief may publish once in a newspaper of general circula-
tion published in the County of Marin, a notice of sale at
public auction of such property. Said notice shall give
the time, date and place of sale, and shall. be published at
least five (5) days before the time set for sale. The no-
tice shall contain a brief description of the property to
be sold, and the time, place and manner of sale. It shall
also contain a brief description of property to be kept or
destroyed and a statement that all of the listed property
will he either sold, kept or destroyed if not claimed by
the owner before the date set for the sale.
Draft date: 6/14/72
8/28/72
10/12/72
1.
~_._2 ~. - 5. .
Sa i.~, bv }\~JLf ton.
--..~-.---......-............._-,- ,.~ "---..,~----
At the t ~,LlE~ n.:h.; p LdC~~ s.~ :~, !: '.'~~ se.1 e, th{~ Police Chief
Shp! 't ", '1(1 '.; ;' ,.L.l 4 '. ..f" ;'" !". ,j " . -j ~..("},,, , .. ') t" t. lhCl
.. l~...L t. 10......_. " :1. '""..1..(' ~.L...,.,.,. ..111 ,:411.-, , '. ~.\.-:,-., l-Jt',iler.y 0 1;:
higti.::[.~t biJeIcr'.
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b,~ t-.I-~,lf..o('m. " Lj..,.; : <\ !-:.:.' .-. : ", ;':., ..:.. i i Y' C i '.,-k i':(')l- (;f:.~PS'l-t ~tl
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the g (; net' Ll L LJ : L,' "~';" ; :, ,:' t:.. .~: f :.. '! t>:j L !.~ n .
S 2'" 7
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P r ':p_~.E.S~.~[.E~~t : G t €J; ;::.. L ,J. "t::,:'L..i~ .-SL .
l';t "'nv t ip'\,:~ ') \-j ,~.~ 'H:.. n.~.!")'-H::,.,i'"~. h,ts ~)p"n ho1d by the
P '1' ,j~~.;;.,~.:l, :~-~:'\" "',f::. ...~:~..~~.~'/,\ -~';'.,'~.l:~,~~ A~:~'" nl~;;' .~-- ., 11
o :lCf, 1..-1)d\.L"I~.L~. t....!"- .dr.,J:, \-:-! m..J0..",,'\ 01- h,,_.J....., ailY or a '
of such prt}pc~~-t:y Wd"\" b..:' r('~ Cd Lucu [iV c..f;(:t C:; tv Rnd n(!:ed not
b . () 1 1 . F . ~ 1 ';. h r, ,', , ., .--: (F') '. ~,h r,," t-. '~'. .;' wp _" 1 .:: 1 '/;. (, h . ;:. ~ t <'J :l. t _
e s........c J..~) l.L ;"~"" -1'-'L,:-",-,("I(_ '.:. '...J.'.. ,'. .l",'..,,,.l....., n., re er
m;npfz' tn' j.t (:,lj(.-11 l;;"'''''1,',,.-t'\7 ';(' "":"""("i),'l t':",..,.\. " ""'~,1-\'~ ';,,, tl';:;o
...... -..... ""'. ...... .t.L .... " -', " .' 'c' .."'.- ..',_. .... l. C. If w..... ... _..... '_ ~ .
1'-'''"'1.-"..,'';,.,-.,:... '--'" ''\'v<:- ~'r""", ">'.. YO"~"""1n' . ( c '\d
,..:u..L.,.......,....d;.~ '_<1\. .~-:~1l::, d._,;' Lt...'} 1;:1 L.V I !;."'K).~..ltlg un....O.L.. '
may bt: Sl:mnld'["-; "'-..' r!r,(: <'l"r"."<;~(l o't'* n.f'~"'/':;"I,..; >::<, d,; ~'v"<t:'clc1 of 0' V' tl'e
,....v" '. "'~. 1 .... '- ", "~.t '.~.. ,.. J.. ,,- { ,. '... I. ~ -I.". c. . .1... /- j ',' '\,;', -J .
T)01J.Cr.:~ Ch".~t~ ."1.... .'.; '.,;,.. '1-."r,,"".~/.,;,., ...." r'b ..(:.t'-..;':"""',rt by
L 4. ~. ....It:...; ,,-,'.l, ..11_ d .-::0 ",..i0",~,,"""J\)jl. Iu<cl) e .['.~"'I..J.:~~u .'"
the City fo.:.' it.3 Use.
Sec. 27-8..
D1 ~l c' ,'\ 1 r.."\l, .-.)'1.<.,
r ,J.......,q '" <...."'~_,.,.l,l\.. .~..1.<":
---~ _,l'......~. ---.c.-..-.....__....... -.-..-._,
2>!Z.:::::~1~;1g;~~ Wg!~2.<:?!~_s. Not Covered.
ThE P!:ovis~i.on(~cd: this Chc:'pter f:hal1 not apply to
beverages, weapons or legal tender of the United States."
C". ")
.;) ec ... .ton._.
~ -'--"-~"--.'II\'
t' -'D '3r ,.... ". ~ ').~ t..,
-~~~~ ~ ~~~'~~::... ~.
II~ '" 1 h f
~ any sectlOP;> SUD[H<~t,l.)n sentc"i.cf'..:, cause or prase 0
th · d 4 ..... , 1" · . .\ . , 1 d . .
1.5 or ~nance :L5 rn':~ anv t'c3son ne ...<] to iH::LflV;; ',1(.1, sucn eC1S l.on
chSll not affect tile va ti(l5.t~, 02: th,. r-emaining porti.ons of this or-
dinance. The City C0un~il'02 the City ni Iiburon hereby declares
that it would haw- adopu'cl !:ru~ ar.:dinance <md each section, subsec-
t ion, claus f-'\ '" r Dr1 ,... .~, l:; ,:::.' 'LH, r. r "..' ! 'j'; -1" ,.. r-;, .c::; l~ {':\f' t ; ~! f' n f:: f'. 'h .:.. t: ac t f- ha t an~y
.. v C'" '- ,.' '- '.- 1.. t ,- - '- ~, ., ., + '.. ,~. ". t. ,. _.. l...- .. ." " ' v.. ':: ' I '-J.. ...
one or more s0ctioi}s. sHb1'0C~ions. ::e'1tcnces. c iausp.s or phnlses may
he dec lar~d 1,nva 1 itt ,
SectiO:l J ~
~---.......-----
Effcc \' ~ 1:r," Pt. r,C .
-~"""._-..._.~_....-.-,........,_. -. """'-"''''''--.~'-'''~<
This ol:-di'llancL: sha.i.1, t,j:(/:~ ,,,.t':;~.~c :.:-: i...Ld b{. 1.n forc0 thirty days
after the an;;e of ;:,a:.;.~Df.((. a,lJ be (on' the eX0i.ra Lien u f fLfteen days
' .~.. , h
after its PH:; suge, <:;;e <<,:n" ,;/:-", Jl b,) pt'b 1:':> hed, ',,' i!:h the names of t. e
ruembers .,.,.r..t. -; l~V f:(~ ~-' ,:J n.-\ ;}, ,.- i' nr i~ ;,<j...,;:, C';1tne~ ;'. -(-- l;-.....~.... f t ',;.1" f~ ') n a ne,\,Tspape r
v OJ .... -("3 .L, ,. ',', ,_I ...~ :~.". ""., '- .... ..1 ~_ .,1...... t ~.., .. ~_ .., -.- """_ ,_ <."
of general circu:L:~lt:'ion ')ubl.l..-:;hed in the Citv ()1.: Tihuron..
-' ~-, .,
PAsSED AND A.DOP'I~.;D at.: :1 1>.'~gul(1C '~h:,:(~t.illg of the City Counci.l of
th C i t .1:- T' L ,- , "' '''''''';' . f- t ., . . t
e y 0 - l.!Juron ;::~Ld on_..g~?-E~_}2..J .~ )/~_ bv ttle .0 ,Lo:v1.ng vo .e:
AYES;
Coun'::.i.lr~!en: Aramburu, Panning, Littman, Sennett
NOES:
f:ou n.~ i.: E1P n: None
,".. -...-....... ~ """""'''- ~ ..--... ...-.
tile eft, of Tiburon
J
ABSENT:
Coune i lmer:.: Becker
ATTEST:
1\E:RT ~~ti'agC i' /CIQfiC-'
Mayor.' 0,.
Draft date:
(' /1/ /"7?
\) ..... 4,_
8/28/72
10/12/72
')
'-'. .
ORDINANCE NO. 103 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TIBURON REZONING CERTAIN PROPERTY IN THE VICINITY
OF GILHARTIN DRIVE FRO!.1 THE R-l ZONE TO THE R-lC
(CLUSTER OVERLAY ZONE)
The City Council of the City of Tiburon does hereby ordain as
follows:
Section 1. Amendment of Zoning Hap
The Zoning Nap of the City of Tiburon is amended by changing the
following described property from the R-l (Single Family Residential)
zone to the R-1C (Single Family Residential Cluster Overlay Zone):
DESCRIPTION
That certain real property situate in the County of r.1arin, State
of California, described as follows:
PARCEL ONE:
BEGINNING at the most Southerly corner of that certain parcel of
land conveyed from C. o. Sollom, Administrator to Warren L.
Bostick, et aI, by Deed recorded January 24, 1949 in Volume 607
of Official Records, at Page 152, 1-larin County Records; and
running thence along the Southwesterly line of said property North
5So 06' 20" l1est 193.98 feet, and North 400 28' Hest 447.44 feet;
thence leaving said Southwesterly line and running alonq a
boundary line as defined in said Deed, North 490 32' East 500..0
feet, and North 400 28' ~'7est 448.40 feet" in said Deed; thence
leaving .said angle point end running South 400 28' East 515.688
feet to the Southeasterly boundary line of said Bostick proper.ty;
thence running along said bClndary line, South 340 42' Nest 466.524
feet to the point of begin!l';.ng e
TOGETHER \'lITH an 1:::;:.~'::-::'~~:.. ':: for roadway and utili ty purposes over a
60.0 foot strip of land, the center line being described as
follows: BEGINNING at a point on the Northeasterly line of the
California State Highway leading from Alto to Tiburon, opposite
the Engineer's center line Station 201t72.65 as described in the
aforementioned Deed; and running thence North 490 32' East
492.0 feet.
ALSO TOGETHER NITH and SUBJECT TO an Easement for roadway and
utility purposes over a 50.0 foot strip of land, the center line
being described as follows: BEGINNING at a point distant North
400 28' West 448.40 feet and South 490 32' Nest 250.0 feet from
the most Northerly corner of the above described property; and
running thence South 400 28' East 644.943 feet1 thence on a curve
to the left whose center bears North 490 32' East and whose
radius is 100.0 feet, distant 95.867 feet; thence North 840 36' 20"
East 178.131 feet; thence on a curve to the left whose center
bears North 50 23' 40" West and ,.,hose radius is 200.0 feet,
distant 49.121 feet; thence North 700 32' East 20.0 feet.
EXCEPTING THEREFROM the property described in the Deed from Robert
B. Aird, et ux, to George W. Schrank, et ux, recorded September
I, 1949 in Volume 619 of Official Records, at Page 367, which is
more particularly described as follows: BEGINNING at the most
Southerly corner of tha~ certain parcel of land conveyed by
t'Jarren L. Bostick, et aI, to Robert B. Aird, et ux, by Deed re-
corded September 1, 1949 in ~blume 626 of Official Records at
Page 237, Harin County Recol."C13; and running thence along the
Southwesterly line of said property, North 550 06' 20" Nest
-1-
. 1.1.........".,...
193.98 feet; thence leaving said line and running North 490 32'
East 60.0 feet, North 340 24' East 182.50 feet, and South
550 18' East 179.573 feet to the Southeasterly line of said Aird
property; running thence along said line, South 340 42' Hest
241.156 feet to the point of beginning.
ALSO EXCEPTING THEREFROl1 the property desc'ribed in the Deed from
Robert B. Aird, et ux, to George W. Schrank, et ux, recorded
February 11, 1955 in Volume 920 of Official Records, at Page 321,
which is more particularly d~scribed as follows: BEGINNING at a
point on the Northwesterly line of that certain parcel 9f land
described in the Deed from Robert B. Aird, et ux, to George N.
Schrank, et ,~{, recorded September I, 1949 in Volume 619 of
Official Records, at Page 367, Marin COunty Recdrds, distant along
said line North 490 32' East 20.0 feet from the most Westerly
corner thereof; thence from said point of beginhing along said
North'-1esterly line, South 490 32' Hest 20.0 feet to said most
Westerly corner, being on the Southwesterly line of the parcel of
land described in the deed from Warren L. Bostick, et aI, to
Robert B. Aird, et ux, recorded September 1, 1949 in Volume 626
of Official Records, at Page 237; thence along the Southwesterly
line of the parcel of land described in said last mentioned
Deed, North 400 28' t'lest 17.0 feet to a point; thence, leave said
line, Easterly in a direct line to the point of beginning.
PARCEL Tl'lQ:
BEGINNING at a point on the Southeasterly line of that certain
parcel of land described in the Deed from Robert B. Aird, et ux,
to George ~J. Schrank, et u~, recorded September 1, 1949 in
Volume 619 of Official Records, at Page 367, l1arin County Records,
distant along said line South 340 42' ~1est 24.0 feet from the
most Easterly corner thereof; thence, from said point of beginning
along said Southeasterly line, North 340 42' East 24.0 feet to
said Easterly corner; thence along the Northeasterly line of said
parcel of land North 550 18' West 179.573 feet to the most
Northerly corner thereof; thence Southeasterly in a direct line
to the point of beginning.
Section 2. Separab:ili:ty.
If any section, provision, sentence, clause or phrase of this
ordinance is, for any reason, declared to be invalid, such decision shall
not affect the validity of t~e remaining sections, sentences, clauses or
phrases of this ordinance, it being the intent of the City Council of
the City of Tiburon that this ordinance shall stand notwithstanding the
invalidity of such section, sentence, clause or phrase.
Section 3. Effective Date
This ordinance shall take effect and be in force thirty days after
the date of passage, and before the expiration of fifteen days after its
passage the same shall be published, with the names of the members voting
for and against the same, at least once in a newspaper of general circula-
tion 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 25th, 1972, by the following vote:
AYES:
COUNCILr-mN: Aramburu, Becker, Fanning, Senne tt
NOES:
COUNCILHEN: None
ABSENT:
CO UNCI LI-1EN : Li t tman
ATTEST:
_ ~diL <
BERT BAL R, C1ty ClerK/Mdnao '
f-layor
Draft Date: 7/6/72
ORDINANCE NO. 102 N.S.
AN ORDINANCE OF THE CITY OF TIBURON ACCEPI'lliG
THE REQUIREMENTS OF SECTION 13522 OF THE PENAL CODE
RElATING TO TRAINING OF LAW ENFORCEMENT OFFICERS
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. Application for State Aid.
The City of Tiburon declares that it desires to qualify to
receive aid from the State of California under the provisions of
Chapter 1 of Title 4, Part 4 of the California Penal Code.
Section 2. Adherence to Standards.
Pursuant to Section 13522 of said Chapter 1, the City of
Tiburon will adhere to the standards for recruitment and training
established by the California Commission on Peace Officer Standards
and Training.
Section 3. Separability.
If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid or unconstitu-
tional by the decision of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of
the ordinance. The City Council of the City of Tiburon hereby de-
clares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that
anyone or more other sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
Section 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 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 a regular meeting of the City Council
of the City of Tiburon held on September 11. , 1972, by the
following vote:
AYES:
NOES:
ABSENT:
Councilmen: Fanning, Aramburu ,Sennett
Councilmen: None
Councilmen: Becker,
Ma
ATTEST:
a,. ~)' /"
U ~. Il ) C", L'VV,- '-
RERT BALMER, City Clerk
Draft date: 7/13/72
ORDINANCE NO. lOiN. S .
/
AN ORDINANCE OF THE CITY OF TIBURON AT1ENDING
ORDINANCE NO. 93 N.S., BY AI,tENDING SECTION
Sa (ii) THEREOF
The City Council of the City of Tiburon does hereby ordain
as follows:
Section 1. Amendment.
Section Sa(ii) of Ordinance No. 93 N.S. is hereby amended to
read as follo\-lS:
"Section Sa{ii). Application for Permit. Applications for
permits may be made only by a resident of the cities of
Tiburon o~ Belvedere who owns or will own the horse as to
which a permit is sought, or if he is not a resident, O\fl1S
the land upon which the horse is to be kept and maintained.
If the applicant is not also the owner, or a member of the
immediate 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, shall be
co-signed by said owner, and the signature by said owner
shall be a consent to be fully responsible for all injury
and damage which may be occasioned to other persons by
the keeping or maintenance of said horse on the land in
question."
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, sentence,
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 the date of passage, and before the expiration of fifteen days
after its passage, the same shall be published, ,~ith 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 August 28th , 1972, by the
following vote:
AYES:
COUNCILr,1EN: Aramburu, Becker Fanning, Littman, Sennett
NOES:
COUNCILMEN: None
ABSENT:
COUNCILl1EN: None
ATTEST:
~,,/8ccL,- _
BERT BA l'mR, City !.lanager/Clerk
Draft Date: 7/25/72
ORDINANCE NO. 100 N.S.
AN ORDINANCE OF THE CITY OF TIBURON AlvIENDING OrJ)INANCE
NO. 9 N.S., THE ZONING ORDINAte!, BY A11:ZNDING SECTION
10-7 eC). lllOu PLANNED MULTI-FAMILY RESIDElfEIAL ZONE.
Tbe City Council of the City of Tiburon does hereby ordain a8 follous:
Section 1. AMENDH[NT
Ordinance No. 9 N~S. the Zoning Ordinance of the City of
Tiburon. is hereby amended by deleting Section 10-7 (C) and substitutios the
followias therefor:
"(C):'1.and and Str'loture Regulations:
1. Minimum lot area 10,000 square feet;
2. Minimum parcel area per dwelling unit: 3500 sq. ft.
3.~bxim~ building coverage: 301. In addition, Building Bulk for
all structures shall be such that the ratio obtained by dividins
the total floor :irea by the net site area shall not exceed . 7S (7S%~.,
4. Minimum parcel width: 40 feet:
S. Min~um yards: front yard 15 feet, side ancl rear yard 8 feet with
5 feet additional for each story in excess of two;
6. Maximum building height: 30 feet;
7. Usable Open Space; , .. Each
~1o-family dwelling, multi-family dwelling, or dwelling group
shall be ~li!'~d' with an aggregate area of usable open space as
defined herein at the following rate per dwelling unit cont~ined:
a. Six hundred (600) square feet per single or two-family dtfelliag.
b. Three hundred (300) Rq~"t'.ra feet per efficiency or studio
apartment.
c. Four hundred (400) square feet per one (1) bedroom apartment.
d. Five hundred (500) square feet per (2) bedroom apartment.
e. Six hundred (600) square feet per three (3) or more bedroom
apartment.
8. Design Reviel~ is required for all proposed development in accord-
anCe with Section 11 and 20."
Section 2. ~RABILITY
If any section, subsection, sentence, clause or phrase of this ordinance
is for aoy reason held to be invalid or unconstitutional by tbe decision of a
court of competent Jurisdiction, such decision shall not affect the validity of
tbe remaining portions of the ordinance. The eity Council of the City of Tiburon
hereby declares that it would have passed this ordinance, and each section, sub-
section, clause or phrase thereof, irrespective of the fact that anyone of more
other sections, subsections, clauses or phrases may be declared invalid or uncon-
stitutional.
Draft Date: 8/29/72
Section 3. EFFECTIVE DATE
This ordinaace shall take effe~t and be in force thirty (30) days
after the date of passage. and before the expiration of fifteen (lS) days after
its palsage the same aball be published. with the namea of tbe members voting for
and alainet the same. at least once in a newspaper of general circulation published
10 the City of Tiburon.
PASSED AND ADOPtED at a regular meetins of tbe City Council of the
City of riburon held on August 28th . 1912, by the foll~llng vote:
AYES:
NOES:
ABSENT
Aftaf:
r/? ) j7
{/Z ~/IXi~
BIRr BA1llER, City Clerk
Draft Date: 8/28/12
COUNCILMEN: Aramburu, Becker, Fanning, Sennett
COUNCIDmN: None
COUtc IUmN: Li t tman
. ALBERT H. SENNETT
yor of the City of TlburoQ
(2)
orJ)INANCE NO.~ H.S.
AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF TIBURON
REZONING A PORTION OF "THE LANDS OF BODIAN AT G8 ROUND
HILL ROAD FItOU RO-2 TO RO-2C (CLUSTER OVEr~\y ZONE)
The City Council of the City of Tiburon does hereby ordain as follmls:
Section 1. Amendment of Zonin~ Map
The Zoning ~fup of the City of Tiburon is amended by changing the following
described property from the RO-2 (Residential Open Zone) to RO-2C (Residential
Open Zone (~ acre) Cluster Overlay):
DESCRIPTION
That certain real property situate in the County of Harin, State of
California, described as folIous:
BEGINNIUG at a point distant North 44' 02' 30" West 125 feet from the most Norther-
ly corner of Lot 13, Map of tfurinero,recorded in Dook 10 of Maps at page 30, Marin
County Itecords; thence South 45' 57' 30" {-lest 619.24 feet to the centerline of
a 50 foot roadway; thence along the centerline of said roadt~ay as describecl in
the Deed to Marin Municipal tlater District,recorded April 6, 1927 in Book 115 of
Official Records at pane 216, the fol1ol-ling courses: North 19' 03' 30" E~st
22.67 feet; North 5' 59' 30" T-lest 150 feet; North 15' 13' 30" West 50 feet, North
3' 26' 30" West 50 feet; North 9' 27' 30" East 50 feet; North 25' 51' 30" East
50 feet; north 31 . 34' 30" East 50 feet; North 12' 00' 30" l-lest 50 feet; Horth 10'
26' 30" Uest 50 feet; North 24. 19' 30" t-lest 100 feet; North 14' 32' 30" !lest 50
feet; North 3' 10' 30" East 50 feet; thence leaving said centerline, North 62'33'
48" East 231,52 feet to the Northeasterly line of the land described in the Deed
to Leo nodian, et ux, recorded August 9, 1960 in Book 1303 of Official r~cords
at page 89; thence along said Northeasterly boundary, South 38.24' East 40
feet; South 50. 49' 35" East 172 feet to a point distant North 44 02' 30" Hest
190 feet and North 7.21' 15" East 93.59 feet from the POINT OF BEGINNIlTG: thence
South 7. 21' 1511 West 93.59 feet and South {}4. 02' 30" East 190 feet to the point
of beginning.
~ection 2. Separability.
If any section, provision, sentence, clause or phrase of this ordinance is,
for any reason, declared to be invalid, such decision shall not affect the valid-
ity of the remain~ng 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 notWithstandinB the invalidity of such section, sentence, clause or
phrase.
Section 3. Effective Date
This ordinance shall take effect and be in force thirty days after the date
of pass3Bc, 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 netlSpaper 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 August 28th ,1972, by the follm~ing vote:
.:\ YES :
COUiTCIU'IEI1: Aramburu, Becker, Fanning, Sennett
NOES:
COUHCIUIEN: None
ABSENT:
COUNCIU1EN: Littman
ATTEST: J/
a~c4
BERT BALHER, City Clerk/Hanager
Draft Date 3/15172
~
1:.
ORDINANCE NO. 98 N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TIBURON
APPROVING HASTER PIAN FOR NO.7-II M\IN STREET, AND
SETTING FORTH CONDITIONS.
The City Council of the City of Tiburon does ordain as follows:
Section 1. The Master Plan for No.7-II Main Street, known as
'~ster Plan dated May 15, 1972", is h~reby approved, which approval shall be
in conformance with the follo~ing:
A. The develop~ent maintenance and use of the property shall be
carried on in conformance with certain maps, plans, and exhibits entitled as
follows:
1. Master Plan prepared by Mario Gaidano, A.I.A., dated
May 15, 1972, consisting of 070 sheets and described as A-I
and A-2, identified as"Master Plan of May 15, 1972" which.were
received for the purposes of illustration; provided that the
density of use on the site should not exceed floor area of
9,000 sq. ft. and provided further that nothing in the approval
0' the Master Plan shall be construed to accept the proposed
parking and which matter it be left for the Precise Plan Stage.
~
..
r
B. The development, maintenance and use of the property shall be
subject to the following conditions:
1. The filing and approval of a Precise Plan, pursuant to
Section 10-10 (H) of the Zoning Ordinance; the approval of the
Precise Plan.
2. Such other conditions that may be imposed by the City
Council upon approval of the Precise Plan, including, but not
limited to, the approval of off-street parking as required.
Section 2. 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 sare shall be publishe~with the names of
the members voting for and against the ea~e, at least once in a newspaper of
general circulation published in the City of Tiburon.
PASSED AND .ADOPTED at a n . adjourneq
Council of the City of Tiburon held on August 21st
vote:
meeting of the City
, 1972, by the following
AYES:
COUNCILMEN: Aramburu, Becker, Fanning, Littmann, Sennett
NOES:
COUNCILMEN: None
ABSENT:
COUNCILMEN:
None
~/-4-- ~
.7 Ii RER T H. SE 'iI:lltf'
Mayor of the City of Tiburon
ATTEST:
aa:zvL~
BERT BAtM!R, City Clerk/Manager
Draft Dates: 6/21/72
8/21/72