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TOWN COUNCIL
MINUTES
CALL TO ORDER
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Mayor Fredericks lar me ting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesda~ ebruary 4,2009, in To n Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
Berger, Collins, Fredericks, Gram, Slavitz
PRESENT: EX OFFICIO:
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Minutes Clerk Levison
Prior to its regular meeting, the Council met at 6:45 p.m. to discuss the following issues:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Wayne et al. v. Town of Tiburon
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(Section 54956.9(c))
Initiation of Litigation - One Case
CLOSED SESSION ANNOUNCEMENT
Mayor Fredericks said the Town Council met in closed session and there was no reportable
action.
ORAL COMMUNICATIONS
None.
Town Council Minutes #02 -2009
February 4,2009
Page J
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of January 7, 2009 (Town Clerk Crane Iacopi)
2. Town Monthly Investment Summary - Accept December 2008 Report (Director of
Administrative Services Bigall)
3. Mid-Year Budget Review - Accept Report (Director of Administrative Services Bigall)
MOTION:
Moved:
Vote:
To adopt Consent Calendar items, as written.
Slavitz, seconded by Collins
AYES: Unanimous
PUBLIC HEARING
1. Construction Noise on Saturdays and Noise from Tree Work on Weekends and Holidays
- (Director of Community Development Anderson)
a) Consider introduction and first reading of ordinance amending Title IV, Chapter 13,
Section 13-6 of the Town Code to modify hours of construction and use of heavy
equipment allowed pursuant to a building permit
Director of Community Development Anderson provided the staff report.
He said that in November of2008 the Town Council considered an ordinance prohibiting
Saturday work pursuant to a building permit. The Council directed staff to return with a revised
ordinance that would allow some activities on Saturday while limiting or prohibiting the loudest
noise sources associated with construction on those days and to limit Saturday work for Tree
Permits and Encroachment Permits.
Anderson said that staffhad prepared a revised draft ordinance that limits Saturday work that it is
not "plainly audible beyond the property line" and proposes other minor clarifications to
construction hour limitations. He said that the Police Department had concluded that the
proposed text set forth an enforceable, objective standard. He said that staffhad also modified
the approval documents for Tree Permits and Encroachment Permits to reflect a similar approach
for limiting week-end and holiday work hours.
Director Anderson noted that the Town received two public communications on the item, as well
as a "late mail" letter from the Marin Builders Association.
The Director recommended that Council hold a public hearing on the item, make any desired
changes, and move to read by title only and pass first reading.
Town Council Minutes #02 -2009
February 4,2009
Page 2
Vice Mayor Berger questioned the language, "work covered by a permit" added to sections B and
C on Page 2 of the red-line ordinance. He thought that it may be too specific and provide
contractors with a loophole to conduct noisy activities that may not technically be covered by a
permit. Director Anderson explained that this section is located in the chapter on building
regulations and therefore only comes into play when someone' has been issued a building permit
pursuant to Chapter 13; ifit is unauthorized work not pursuant to a building permit, there are
other means of recourse, such as issuing a red tag (stop work order).
Vice Mayor Berger said he would prefer more general terms that govern embellishments to work
covered by a permit, as well.
Town Manager Curran further clarified that work performed by a homeowner that does not
necessitate a permit is not covered and therefore not restricted by this ordinance.
Councilmember Gram referred to the same section and asked if the delivery of debris boxes is
included in "heavy items." Director Anderson said he believes they are covered in Chapter 23 but
Town Attorney Danforth noted that it only restricts the parked location, not delivery or pickup
time, of debris boxes.
Councilmember Gram stressed that the noise associated with the pickup and delivery of these
boxes is quite loud and often occurs very early in the morning. Attorney Danforth said debris
boxes do not require a building permit.
Vice Mayor Berger asked and confirmed that a debris box used in conjunction with a permitted
project would be considered part of the project and therefore could be covered by this ordinance.
Vice Mayor Berger suggested that staff include language pertaining to work done in conjunction
with a permitted project, even if not specifically stated.
Attorney Danforth suggested amending the text to read, "heavy items, including but not limited
to lumber, concrete, debris boxes, and portable restrooms..."
Mayor Fredericks asked and confirmed that it would be acceptable to read the ordinance by title
only, with any amendments.
Mayor Fredericks opened the public comment period.
Casey Mazzoni, Legislative Analyst for the Marin Builders Association, said that in light of the
current economic crisis, Marin Builders urges the Council to rej ect the proposed amendments.
She acknowledged the Town's concerns but said the proposed ordinance does nothing to address
noise created by unpermitted work. She suggested that an ordinance which simply limits the time
in which permitted work can be done as a more appropriate approach and urged the Town to
exercise caution when considering ordinances that impact the building industry.
Town Council Minutes #02 -2009
February 4,2009
Page 3
Vice Mayor Berger explained that residents were seeking to prohibit all construction work on
Saturdays and Sundays; that this amendment stems from the Council's desire to protect builders
by crafting conditions that would allow them the opportunity to continue working, provided that
neighbors are not disturbed. He asked Ms. Mazzoni to stress this to the Builders Association.
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Mayor Fredericks closed the public comment period.
Councilmember Gram said that staffhad done a good job with devising an enforceable standard
that provides neighbors with the means to deal with grievances, and this is one of those
ordinances that will only be enforced in light of complaints.
Councilmember Slavitz expressed his support for the ordinance, as it addresses one of the
greatest complaints Town staff receives.
Councilmember Collins referred to the correspondence from Hal Weiss which judged the revised
ordinance to be discriminatory against builders and disagreed, stating that most residents
maintain 9:00AM to 5 :OOPM jobs, just like the builders, and that they have a right to quiet
enjoyment in their off-time.
Mayor Fredericks concurred and added that the potential for truly disturbing noise is more likely
to come from construction jobs than from a neighbor's household activities.
Director Anderson outlined the Council's proposed amendments to Section C:
"for work covered by a permit, the arrival or departure of heavy equipment (including but
not limited to concrete trucks, graders and backhoes) and/or the delivery of heavy items
or materials (including but not limited to lumber ami, concrete, debris boxes, and
portable restrooms) to a worksite shall occur only on Monday through Friday..."
MOTION:
Moved:
Vote:
To read by title only, as amended.
Collins, seconded by Berger
AYES: Unanimous
Mayor Fredericks read, "An ordinance of the Town Council of the Town of Tiburon amending
Municipal Code Title IV, Chapter 13 (Building Regulations) to modify provisions for work on
Saturdays allowed pursuant to a building permit, as amended."
MOTION:
Moved:
Vote:
To pass first reading of above ordinance, as amended.
Slavitz, seconded by Berger
AYES: Berger, Collins, Fredericks, Gram, Slavitz
III
III
III
Town Council Minutes #02 -2009
February 4,2009
Page 4
2. Sign Ordinance - (Town Attorney Danforth/Director of Community Development Anderson)
a) Consider introduction and first reading of ordinance amending and replacing Chapter 16 of
the Town Code pertaining to signs (Town Attorney Danforth/Director of Community
Development Anderson) 'l
Director of Community Development Anderson presented the staff report. He stated that the
Town Council discussed the item at a public hearing on September 17, 2008, provided initial
comments on the draft ordinance, and appointed an ad-hoc subcommittee consisting of
Councilmembers Gram and Collins to work with staff in preparing revised drafts of the
ordinance and policy.
Anderson said the revisions made to the two documents focus largely on areas identified at the
hearing and include non-conforming portable signs, flags, owner permission, sign program
eligibility, freestanding signs, changeable copy signs, and review of exposed lighting in signs. He
said the revised ordinance was distributed to the major downtown property owners and the
Chamber of Commerce in December 2008; no comments were received.
Anderson said that staff recommends that the Town Council hold a public hearing on the sign
ordinance and policy, make any desired changes, move to read by title only and pass first reading
of the ordinance.
Mayor Fredericks opened the item to public comment and seeing there was none, closed the
public comment period.
Councilmember Gram thanked staff for the thoroughness of the revised ordinance and noted that
it is about twice the size of the current sign ordinance, as necessary to protect freedom of speech
rights set forth in the Constitution.
Vice Mayor Berger said he had not seen anything pertaining to exceptions for historical or long-
standing signs of significance that violate code, cited Sam's as an example, and suggested
including these in the list of exceptions. Councilmember Gram stated that it was already
provided for and Director Anderson referenced Section 16A.815, Item C4 of the ordinance's red-
lined version which reads:
"Signs located on, and materially associated with, the historic character of any building
located on the Local Historic Inventory of Buildings Located in Downtown Tiburon, adopted
by Resolution of the Town Council, may be allowed to be re-constructed or replaced despite
their non-conforming status, with the granting of a Major Exception."
Vice Mayor Berger asked staff to be certain it allowed enough latitude for Town-initiated signs
and events. Town Manager Curran and Director Anderson both clarified that the ordinance does
not pertain to Town activity on Town property.
Town Council Minutes #02 -2009
February 4,2009
Page 5
Mayor Fredericks echoed Councilmember Gram's compliments to staff and added the same to
Councilmembers Gram and Collins for their expert work on the subcommittee.
Councilmember Collins asked for clarification on Section 16A.610, Item D. Director Anderson
stated that it is repetitive and provided the following amendment:
"The maximum area of all faces that can be seen at anyone time from any location from any
one direction at one time shall be counted in the calculation of sign area."
Councilmember Collins questioned Section C on page 28 of the red-lined ordinance which states,
"When such a condition is applied, the sign owner must immediately inform the Director in
writing of the commencement of operation of the lighting. . ." He suggested that it may be more
suitable to request that the owner inform the Director of the date upon which the operation
started.
Director Anderson explained that the wording was intended to provide for signs that are not
placed in service (lit up) immediately following their installation, such as a lighted sign installed
in summer that may not be lit up until winter months arrive.
Mayor Fredericks reiterated her thanks to Councilmembers Gram and Collins.
MOTION:
Moved:
Vote:
To read the ordinance by title only.
Slavitz, seconded by Berger
AYES: Unanimous
Mayor Fredericks read "An ordinance of the Town Council of the Town ofTiburon replacing Title
IV, Chapter 16A (Signs) of the Tiburon Municipal code and adopting a new Title IV, Chapter 16A
(Signs), of the Tiburon Municipal code, as amended."
MOTION:
Moved:
Vote:
To pass first reading of above ordinance, as amended.
Berger, seconded by Slavitz
AYES: Berger, Collins, Fredericks, Gram, Slavitz
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
None.
Town Council Minutes #02 -2009
February 4,2009
Page 6
WEEKLY DIGESTS
· Town Council Weekly Digest - January 16,2009
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· Town Council Weekly Digest - January 23,2009
· Town Council Weekly Digest - January 30,2009
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 8:00 p.m.
ALICE FREDERICKS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #02 -2009
February 4,2009
Page 7
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
February 18, 2009
Agenda Item:
CC--2
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Approve final adoption of Ordinance No. 514 N. S.: Second reading
and adoption of an ordinance amending Title IV, Chapter 13 (Building
Regulations) of the Tiburon Municipal Code to amend work hour
regulations for work performed pursuant to a building permit
-)
~
Reviewed by:
BACKGROUND
The Town Council passed first reading of this ordinance following a public hearing on February
4,2009. The item now comes to the Town Council for final approval and adoption.
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to waive second reading and adopt the ordinance. Each
Councilmember's vote on the motion to approve this item on the consent calendar will constitute
the equivalent of a roll call vote and will be recorded within the ordinance.
Should any Councilmember choose to vote differently on this item than other items on the
consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded.
RECOMMENDATION
Staff recommends that the Town Council waive second reading and approve final adoption of
Ordinance No. 514 N. S.
EXHIBITS
1. Draft Ordinance No. 514 N. S.
Prepared by: Scott Anderson, Director of Community Development ~
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ORDINANCE NO. 514 N. S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 13 (BUILDING
REGULATIONS) TO MODIFY PROVISIONS FORe WORK ON SATURDAYS
ALLOWED PURSUANT TO A BUILDING PERMIT
SECTION 1. FINDINGS.
WHEREAS, the Town Council has identified construction noise on Saturdays for
work performed subject to a building permit to be an ongoing source of annoyance and
irritation to surrounding property owners, residents and neighborhoods; and
WHEREAS, the Town has surveyed construction companies that perform
substantial work in Tiburon and presented the results of that survey to the Town Council;
and
WHEREAS, the Town Council finds that this amendment is adopted to promote
the general welfare of the community by reducing disruptive week-end noise from Town-
permitted construction activities; and
WHEREAS, the Town Council held public hearings on November 5, 2008 and on
January 21,2009 and has heard and considered all testimony and timely correspondence
on the proposed Municipal Code amendments; and
WHEREAS, the Town Council finds that that these amendments are covered by
the general rule that the California Environmental Quality Act (CEQA) applies only to
proj ects that have the potential for causing a significant effect on the environment
pursuant to CEQA Guidelines Section 15061(b)(3), and further finds that if the
amendments were not covered by the above section, the amendments would be exempt
pursuant to Sections 15305, 15308, and/or 15324(b) of the CEQA Guidelines.
SECTION 2. ADOPTION OF AMENDMENTS.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the Town of
Tiburon hereby amends the Tiburon Municipal Code, Title IV, Chapter 13 (Building
Regulations) by amending Section 13-6 to read as follows:
13-6. Hours of construction.
(a) Generally, all work covered by a permit issued under this chapter shall be
performed only between the hours of seven a.m. to five p.m., Monday through
Friday, and nine thirty a.m. to four p.m. on Saturday. Only quiet work is allowed
to be performed on Saturdays, such that noise from any source associated with the
permitted work, including but not limited to construction activity, amplified sound,
and worker's voices, shall not be plainly audible beyond the property line.
Town ofTiburon
Ordinance No. N S.
Effective --/--/2009
Page J I
EXI-IIBIT NO.--L-
(b ) Work covered by a permit shall not be performed on Sunday or on holidays
observed by the Town of Tiburon. These holidays are New Year's Day, Martin
Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
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(c) For work covered by a permit, the arrival or departure of heavy equipment
(including but not limited to concrete trucks, graders and backhoes) and/or the
delivery of heavy items or materials (including but not limited to lumber, concrete,
debris boxes, and portable restrooms) to a work site shall occur only on Monday
through Friday between the hours of seven a.m. to five p.m. Hours of operation,
maintenance, and servicing of heavy equipment shall be limited to eight a.m. to
five p.m., Monday through Friday. Heavy equipment may begin engine warm up,
but not actual operation, at seven-thirty a.m.
(d) Exceptions. The limitations in sections 13-6(a) through (c) shall not apply in the
following instances:
(1) When prior to the commencement of any work covered by a permit issued
under this chapter, the town manager grants written permission to perform work
outside of the prescribed hours;
(2) When work is necessary in an emergency situation to remedy or prevent
damage to persons or property.
SECTION 3. SEVERABILITY.
If any section"subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would
have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town Council,
a copy of the ordinance shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on ,2009, and was adopted at a regular meeting of
Town ofTiburon
Ordinance No. N S.
Effective --/--/2009
Page 2
the Town Council of the Town of Tiburon on
vote:
,2009, by the following
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AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: \Administration I Town CouncillStaff Reports 120091February J 8 Drafts Iconstruction hours ordinance for
2nd reading. doc
Town ofTiburon
Ordinance No. N S.
Effective --/--/2009
Page 3
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
February 18, 2009 '1... ( ~
Agenda Item: C{'" d-'--
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Approve final adoption of Ordinance No. 515 N. S.: Second Reading and
adoption of an ordinance repealing existing Chapter 16A (Signs) and
adopting a new Chapter 16A (Signs) of the Tiburon Municipal Code
(if?/
Reviewed By:
BACKGROUND
The Town Council held a public hearing on the proposed ordinance on February 4, 2009. The
Council passed first reading of the ordinance at that time. The item now comes to the Town
Council for final approval and adoption.
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to waive second reading and adopt the ordinance. Each
Councilmember's vote on the motion to approve this item on the consent calendar will constitute
the equivalent of a roll call vote and will be recorded within the ordinance.
Should any Councilmember choose to vote differently on this item than other items on the
consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded.
RECOMMENDATION
Staff recommends that the Town Council waive second reading and approve final adoption of
Ordinance No. 515 N. S.
EXHIBITS
1. Draft Ordinance No. 515 N. S.
Prepared by:
Scott Anderson, Director of Community Development ~
S:lAdministrationlTown CouncillStaffReports\2009\February 18 Draftslsign ordinance update report 2-18.doc
ORDINANCE NO. 515 N. S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
REPEALING TITLE IV, CHAPTER 16A (SIGNS) OF THE TIBURON
MUNICIPAL CODE AND ADOPTING A NEW TITLE IV, CHAPTER 16A
(SIGNS), OF THE TIBURON MUNICIPAL CODE
WHEREAS, Title IV, Chapter 16A of the Tiburon Municipal Code sets forth
certain regulations regarding signs; and
WHEREAS, the Town Council has determined that its existing sign regulations
are out of date and in need of updating and revision; and
WHEREAS, the Town Council has held public hearings on September 17,2008
and February 4,2009 to consider adoption of the new sign regulations; and
WHEREAS, the Town Council finds that adoption of the ordinance would be
consistent with and would further the goals and objectives of the General Plan; and
WHEREAS, the Town Council has determined that adoption of the ordinance is
exempt from the requirements ofCEQA pursuant to Section 15061 [b(3)] of the CEQA
Guidelines and is also also categorically exempt purusant to Sections 15305 and 15311 of
the CEQA Guidelines; and
WHEREAS, the Town Council adopts this ordinance in order to promote and
protect the public health, safety, and general welfare.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as
follows:
SECTION 1. TITLE IV, CHAPTER 16A (SIGNS) REPEALED.
Title IV, Chapter 16A (Signs) of the Tiburon Municipal Code is hereby repealed
in its entirety.
SECTION 2. TITLE IV, CHAPTER 16A (SIGNS) ADDED.
Title IV, Chapter 16A (Signs) is hereby added to the Tiburon Municipal Code to
read as follows:
EXI-IIBIT NO.
I
Town of Tiburon
Ordinance No.
N.s.
Effective --/--/2009
'l
Town of Tiburon
Sign Ordinance
Chapter 16A
Tiburon Municipal Code
Public Review Draft
December 2, 2008
TABLE OF CONTENTS
Chapter 16A - Signs
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Article I Introduction
16A.I00 Title
16A.I05 Authority
16A.I10 Purpose
16A.115 Regulatory Scope
Article II Basic Policies
16A.200 Scope
16A.205 Permit Generally Required
16A.210 Message Substitution
16A.215 Enforcement
16A.220 Interpretation
16A.225 On-Site/Off-Site Distinction
16A.230 Billboard Policy
16A.235 Non-Communicative Aspects
16A.240 Discretionary Approvals
16A.245 Mixed Uses or Overlay Districts
16A.250 Legal Nature of Sign Rights
16A.255 Owner's Consent
16A.260 Prospective Regulation
16A.265 Severance
.
Article III Definitions
16A.300 Scope
16A.305 Definitions
Article IV Applicability and Interpretation
16A.400 Compliance as of Effective Date of this Chapter
16A.405 Compliance with Applicable Laws, Rules, and Regulations
16A.410 Requirements for Associated Town Permits and Approvals
16A.415 Automated Teller Machines (ATM's)
16A.420 Interpretation of Provisions of this Chapter
Article V Sign Application and Permit Procedures
16A.500 Sign Permit Generally Required
16A.505 Application and Completeness Review
16A.510 Review Authority
16A.515 Criteria for Approval of Sign Permit Applications; Conditions
16A.520 Exceptions (Major and Minor)
16A.525 Sign Programs
16A.530 Permits Issued in Error; Revocation or Cancellation
Town ofTiburon Ordinance No. N S. Effective --/--/2009 2
16A.535
16A.540
Processing and Noticing Requirements
Expiration of Sign Permits
Article VI General Sign Provisions
16A.600 Compliance Required 'l
16A.605 Types of Signs
16A.610 Sign Area: Computation/Determination of Permitted Sign Area
16A.615 Location, Placement and Safety Rules
16A.620 General Design Principles
16A.625 Illumination Standards
Article VII Sign Standards
16A.700 Regulation by Use
16A.705 Allowance - Number of Signs Permitted
16A. 710 Signs on Residential Uses
16A.715 Signs on Public Right of Way and Signs on Town Property
16A.720 Signs on Non-Residential Uses
16A.725 Other Non-Residential Use Signs
Article VIII Temporary Signs, Prohibited Signs, Exempt Signs and
Nonconforming Signs
16A.800 Temporary Signs
16A.805 Prohibited Signs
16A. 810 Exempt Signs
16A.815 Nonconforming Signs, in General
16A.820 Nonconforming Portable Signs
Article IX Violations and Enforcement
16A.900 Violations Unlawful
16A.905 Violations an Infraction
16A.910 Nuisance and Abatement
Town of Tiburon
Ordinance No.
NS.
Effective --/--/2009
3
Article I
Introduction
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16A.I00 Title.
This Chapter shall be known as the Sign Ordinance of the Town of Tiburon.
16A.I05 Authority.
This Chapter is adopted pursuant to California Government Code sections 65000
et seq., 65850(b), 38774, and 38775; Business and Professions Code sections 5200 et seq.
and 5490 et seq.; Civil Code section 713; and other applicable state laws.
16A.I10 Purpose.
The provisions of this Chapter shall regulate the location, size, type and number
of signs allowed [this includes both signs subject to a permit and those exempt from a
permit requirement] within the Town of Tiburon, and guide the design, aesthetics,
materials, and illumination of signs within the Town of Tiburon. The purposes of this
Chapter are:
(a) To safeguard and enhance property values.
(b) To protect the public and private investment In buildings,
improvements and open spaces.
(c) To preserve and improve the visual appearance and aesthetics of
the Town as a place to live and work and as a desirable destination for visitors and
tourists.
(d) To encourage sound signage practices as a means to aid existing
and new establishments and provide information to the public.
(e) To ensure the preservation of freedom of speech.
(t) To preserve and promote vehicular and pedestrian safety.
(g) To protect the public health, safety and general welfare of the
community at large.
(h) To promote and implement the goals, policies and programs of the
Tiburon General Plan.
16A.115 Regulatory Scope.
(a) This Chapter regulates all signs that may be erected, installed, maintained,
or displayed on private property and other property, not including Town Property or
public rights of way, which is located within the limits of the Town of Tiburon.
(b) Signs on the public right of way and signs on Town Property are regulated
by Town Council Resolution No. _, or the most current successor thereto.
Town of Tiburon
Ordinance No.
NS.
Effective --/--/2009
4
Article II
Basic Policies
16A.200 Scope. 'l
The policies, rules and regulations stated in this article apply to all signs within
the regulatory scope of this Chapter and to all provisions of this Chapter, notwithstanding
any more specific provisions to the contrary.
16A.205 Permit Generally Required.
Only signs authorized by this Chapter may be built, displayed, erected or
maintained within the Town. All signs are subject to a permit requirement, unless
expressly exempted. Signs exempted from the permit requirement still must satisfy all
applicable laws, rules and regulations, including but not limited to building code,
electrical code, and grading permits.
16A.210 Message Substitution.
Subject to the property owner's consent, a non-commercial message of any type
may be substituted, in whole or in part, for the message displayed on any sign for which
the sign structure or mounting device is legal without consideration of message content.
Such substitution of message may be made without any additional approval or permitting.
Message substitution is a continuing right, and may be exercised any number of times.
The purpose of this provision is to prevent any inadvertent favoring of commercial
speech over non-commercial speech, or favoring of any particular non-commercial
message over any other non-commercial message. In addition, anyon-site commercial
message may be substituted, in whole or in part, for any other on-site commercial
message, provided that the sign structure or mounting device is legal without
consideration of message content. This provision does not create a right to increase the
total amount of signage on a parcel, lot or land use; does not affect the requirement that a
sign structure or mounting device be properly permitted; does not allow a change in the
physical structure of a sign or its mounting device; and does not allow the substitution of
an off-site commercial message in place of an on-site commercial message or in place of
a non-commercial message. In each instance and under the same conditions to which this
Chapter pertains, any sign, a sign containing an ideological, political, or other non-
commercial message shall be permitted, to the same physical dimensions and character as
a commercial message sign in the same location.
16A.215 Enforcement.
The Director of Community Development is authorized and directed to enforce
and administer the provisions of this Chapter.
16A.220 Interpretation.
Interpretations of this Chapter shall be made initially by the Director of
Community Development. Said interpretations shall be subject to appeal provisions as set
forth in Section 16A.420. All interpretations of this Chapter are to be exercised in light of
the message substitution policy and the purposes of this Chapter. Where a particular type
Town ofTiburon
Ordinance No.
NS.
Effective --/--/2009
5
of sign is erected, displayed or proposed, and the type is neither expressly allowed nor
prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined
in the Zoning Ordinance or the Building Regulations of the Town, then the Director of
Community Development shall approve, conditionally approve or disapprove the
application based on the most similar sign type thaf is expressly regulated by this
Chapter, in light of the policies stated in this Chapter.
16A.225 On-Site / Off-Site Distinction.
Within this Chapter, the distinction between on-site (also known as "on-premise"
or "point-of-sale") and off-site (or off-premise or non-point -of-sale) applies only to
commercial speech messages.
16A.230 Billboard Policy.
Billboards, as defined herein, are prohibited. The Town completely prohibits the
construction, erection, installation or use of billboards. No permit shall be issued for any
billboard that violates this policy, and the Town will take immediate enforcement or
abatement action against any billboard constructed or maintained in violation of this
policy. In adopting this provision, the Town Council affirmatively declares that it would
have adopted this billboard policy even if it were the only provision in this Chapter. The
Town Council intends for this billboard policy to be severable and separately enforceable
even if other provisions of this Chapter may be declared, by a court of competent
jurisdiction, to be unconstitutional, invalid, or unenforceable.
16A.235 Non-Communicative Aspects.
All rules and regulations concerning the non-communicative aspects of signs,
such as location, size, height, illumination, spacing, orientation, etc., stand enforceable
independently of any: permit or approval process.
16A.240 Discretionary Approvals.
Whenever any sign permit, exception, variance, conditional use permit, Sign
Program, or other sign-related decision, is made by any exercise of official discretion,
such discretion shall be exercised only as to the non-communicative aspects of the sign,
such as size, height, orientation, location, setback, illumination, spacing, scale and mass
of the structure, etc. Graphic design may be evaluated only for compliance with a Sign
Program, and then only as to commercial messages.
16A.245 Mixed Uses or Overlay Districts.
Wherever both residential and non-residential uses are allowed on the same
parcel, the sign-related rights and responsibilities applicable to that parcel or land use
shall be determined as follows: residential uses shall be treated as if they were located in
a zone where a use of that type would be allowed as a matter of right, and non-residential
uses shall be treated as if they were located in a zone where that particular use would be
allowed, either as a matter of right or subject to a conditional use permit or other
discretionary process.
Town of Tiburon
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16A.250 Legal Nature of Sign Rights.
As to all signs attached to real property, the signage rights, duties and obligations
arising from this Chapter attach to and travel with the land or other property on which a
sign is mounted or displayed. This provision does not modify or affect the law of fixtures,
sign-related provisions in private leases regarding signs (so long as they are not in
conflict with this Chapter or other applicable law), or the ownership of sign structures.
This provision does not apply to hand-held signs, portable or movable signs, or images
that are aspects of personal appearance.
16A.255 Owner'Js Consent.
No sign may be placed on private property without the consent of the property
owner.
16A.260 Prospective Regulation.
This Chapter applies only to signs whose structure or housing has not been
lawfully and permanently affixed to its intended premise on the date on which the
ordinance or regulation is effective. This Chapter does not affect signs that were legally
installed and that exist as of the date this Chapter first takes effect. This provision does
not legalize existing signs that were built, constructed or erected without required permits
or other approvals.
16A.265 Severance.
If any section, sentence, clause, phrase, word, portion or provision of this Chapter
is h~ld invalid or, unconstitutional, or unenforceable, by any court of competent
jurisdiction, such holding shall not affect, impair, or invalidate any other section,
sentence, clause, phrase, word, portion, or provision of this Chapter that can be given
effect without the invalid portion. In adopting this Chapter, the Town Council
affirmatively declares that it would have approved and adopted the Chapter even without
any portion that may be held invalid or unenforceable.
Article III
Definitions
16A.300 Scope.
For the purposes of this Chapter, words and phrases have the definitions stated in
Section 16A.305 of this article. Grammatical inflections shall be adapted to the context.
For words not defined in this article, other definitions may be applied from other sources,
in this order: first, from the Zoning Ordinance (Chapter 16 of the Tiburon Municipal
Code); second, from any applicable definition in Town law; third, from any applicable
definition in California statutory or decisional law; fourth, from any applicable definition
in any respected dictionary of the English language; and fifth, from common usage, as
applied to context.
16A.305
Definitions.
Town ofTiburon
Ordinance No.
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For the purpose of enforcing, implementing and interpreting the provisions of this
Chapter, certain tenns and words are defined, as set forth is this section.
Abandoned sign. Any sign that has been abandoned for a period of one-
hundred eighty (180) days or more following tl1e closing of an establishment on
the site where the sign is located; or a sign that pertains to a time, event, or
purpose that no longer exists.
Accessory use. A use customarily incidental and subordinate to the
principal legal use.
Animated or moving sign. A sign or sign structure capable of frequent or
regular movement, including pennants, airborne balloons, moving or flashing
lights, or other non-stationary devices, intended or used for commercial purposes.
Flags and banners are not within this definition.
Automated Teller Machine (ATM). A mechanical device that allows for
automated banking services to be performed.
Awning sign. A sign located on the face or surface of an awning.
Banner. A sign not made of rigid material and not enclosed in a rigid
frame, and which is secured or mounted so as to allow movement.
Billboard. A permanent structure sign that meets anyone or more of the
following criteria: I) it is used for the display of off-site commercial messages; 2)
it constitutes a principal, or separate use, as opposed to an accessory or
appurtenant use, of the parcel on which it is located; 3) it is used for general
advertising or advertising for hire (in other words, display space is made available
to parties, other than the owner or operator of the sign or occupant of the parcel);
or 4) the display space is routinely made available to advertisers or sponsors other
than the owner or operator of the sign, or the owner of the land upon which the
sign is located, regardless of whether the display space is made available for a fee,
in exchange; donation, or otherwise. However, despite the generality of the
foregoing, a sign is not within this definition when display space on it is furnished
or rented to establishments located on the same parcel, or in the same
development. For example, an on-site shopping center sign or kiosk, listing uses
or establishments in the center, is not a billboard.
Changeable copy sign. A sign that, in part or whole, provides for periodic
changes in the sign copy. Examples include signs for an auditorium, theater,
library, place of worship, meeting hall or similar use having changing programs or
events and characterized by human assembly, but do not include electronic signs
or signs on which the message is changed more than one time each day.
Commercial message. A visual image that primarily concerns the
economic interests of the speaker andlor the audience; or that primarily concerns
the promotion, sale and purchase of goods andlor services, or that proposes an
economic transaction.
Commercial mascot. A human or live animal wearing apparel, costumery,
or decorations which are intended to attract attention and present a commercial
advertising message. Includes "sign twirlers," "human sandwich boards," "sign
clowns" and the like.
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Construction sign. A sign temporarily located on a site where
construction that is subject to a building or other safety permit is underway.
Consumer Information sign. A small sign that is designed and erected for
the purpose of communicating information for the safety or convenience of the
consuming public. Examples of such signs inchtde, but are not limited to, signs
displaying hours of operation, nameplates, association affiliations, credit cards
that are accepted, and "now hiring", "hours of operation", ""help wanted", ""no
smoking", ""open", and ""closed" signs.
Design Review Board. The Design Review Board of the Town of Tiburon
or any successor thereto.
Directional sign. A sign that is designed and erected solely for the
purpose of vehicular or pedestrian direction, placed to provide direction to the
public. Examples of such signs include, but are not limited to, parking lot
directional signs such as ""enter only'\ "exit", ""parking in rear," ""restricted area",
and ""valet parking"; and signs directing the public to the location of restrooms
and telephones.
Director of Community Development. The Director of Community
Development or his/her designee.
Double-faced sign. A sign consisting of two sign faces, which are placed
so that only one sign face is visible from anyone location at anyone time.
Electronic sign. A sign that uses electronic (LED, LCD or other video-
type) lighting displays, or a sign that is capable of remotely changing messages on
a frequent (more than daily) basis.
Erect. Build, construct, place, hang, relocate, install, enlarge, structurally
alter or modify, affix, suspend, paint, post, or display a sign.
Establishment. Any legal use of land, other than long term residential,
which involves the use of structures subject to the Building Code and the presence
of human bei'ngs on the premises more than thirty-two (32) hours per week. By
way of example and not limitation, this definition includes businesses, factories,
farms, schools, hospitals, hotels and motels, offices and libraries but does not
include single family homes, mobile homes, residential apartments, residential
care facilities, or residential condominiums. Automated facilities which normally
operate without the presence of human beings are not within this definition.
Establishment frontage. The portion of a building, measured in linear feet,
containing a single establishment, which is parallel to and fronts on a public
street, public right-of-way, public parking lot, public parking garage, or a
publicly-traveled waterway, including San Francisco Bay.
Flag. Any fabric, banner, or bunting containing distinctive colors,
patterns, or design, used as a symbol.
Flagpole. A pole upon which to raise a flag.
Flashing sign. Any sign that is perceived as an intermittent or flashing
light. "Flashing" is a light or message that changes more than once every four (4)
seconds. "
Freestanding sign. Any sign that is designed and constructed as a stand-
alone structure, which is self-supporting on the ground and not materially affixed
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to or attached to a building. Types of freestanding signs include pole or pylon
signs and monument signs, but not Portable signs as defined herein.
Halo or halo-type sign. A sign where the light source is concealed behind
an opaque face and the rays of illumination are proj ected outwards toward the
edge of the sign forming a "halo" effect aroun~ the exterior of the sign. Light
does not pass through the face of a Halo sign.
Height. The plumb vertical distance measured from the uppermost part of
a sign to the grade below lowest part of a sign (or to the ground level if
appropriate) .
Illuminated sign. Any sign intentionally illuminated from an internal or
external artificial light source. Ambient lighting does not qualify as illumination
of a sign.
Internally-illuminated sign. A sign where the light source is internal to the
sign and the illumination passes through the face of the sign. Neon signs are not
included in this definition.
Legally-authorized sign. A sign required, authorized by, or displayed by a
governmental agency or other applicable law.
Mansard sign. Any sign attached to or supported by a mansard roof.
Marquee sign. Any sign that is on top of, or attached to, the face of a
marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or
at right angles with the face of the building. See also Under Marquee sign.
Monument sign. A freestanding sign that is supported by a solid base or
foundation rather than by one or more poles, posts, or pylons.
Multiple-tenant building. A building containing more than five (5) uses or
establishments, not including residential apartment buildings.
Multi-tenant sign. A sign that displays a list of multiple tenants,
businesses or establishments in one or more buildings located on one site or
contiguous development.
Nameplate. A small sign identifying the name andlor address of an
occupant or establishment.
Natural despoliation sign. A sign that is cut, burnt, limed, painted or
otherwise marked on a cliff, hillside, field, tree, rock or other natural feature.
Neon sign. Any sign containing neon or other visible discharge gas.
Off-site sign. A sign that is not located on the property or premises of the
use, business, profession, commodity, service or entertainment for which it
advertises. The on-site/off-site distinction applies only to commercial speech
messages.
On-site sign. A sign which pertains to commercial activities or interests of
an establishment on the same site or within the same development. The on-site/off-
site distinction applies only to commercial speech messages.
Pole or pylon sign. A freestanding sign that is supported by one or more
poles, posts, or pylons, whether visible or covered with cladding.
Portable sign. Any sign not permanently affixed to the ground or to a
building or structure, including, without limitation, "pedestal", "A-frame", H-
frame" and "I-frame" signs. This also includes signs on wheels or mounted on
wheeled but non-motorized vehicles.
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Projecting sign. Any sign that projects from the face of a building by
more than twelve inches and is supported by brackets, a projecting post, frame, or
similar device, which is anchored to the building face.
Real Estate sign. Any sign, temporary in nature, the copy of which
concerns a proposed economic transaction'linvolving real property. This
definition does not include occupancy signs at establishments offering
transient occupancy, such as hotels and motels. All signs within the scope of
Civil Code 713 are within this definition.
Roof sign. Any sign erected upon or above a roof or parapet wall of a
building, or placed above the apparent flat roof or eaves of a building, or the top
of a mansard roof.
Shopping Center. Any combination of ten (10) or more establishments on
a single or commonly owned or leased group of parcels where common vehicular
access from the street and common on-site parking facilities are provided.
Sign. (a) Any device, object, structure, fixture, or placard displaying
graphics, symbols, andlor written copy for the primary purpose of
communicating with the public, when such image is visible from any public
right of way.
(b) Notwithstanding the generality of subsection (a), the
following are not within this definition: I) Automated teller machines (A TM' s),
as defined herein; 2) Architectural Features, including decorative or architectural
features of buildings (not including lettering, trademarks or moving parts); 3)
Fireworks, including the legal use of fireworks, candles and artificial lighting not
otherwise regulated by this Chapter; 4) Grave stones, grave markers, headstones,
and other markers of the deceased; 5) Holiday and cultural observance
decorations on private residential property and that are on display for not more
than forty-five (45) days per year (cumulative, per parcel or use) and which do not
include cOmInercial advertising messages; 6) Interior signs or other visual
communicative devices that are located entirely within a building or other
enclosed structure and are not visible from the exterior thereof, provided the
building or enclosed structure is otherwise legal; 7) Manufacturer's marks on
tangible products, which identify the maker, seller, provider or product, and
which customarily remain attached to the product even after sale; 8) Graphics or
images mounted on buses, ferries or duly licensed mass transit vehicles that
legally pass through the Town; 9) News racks and news stands; 10) Overhead
signs such as graphic images, which are visible only from above, such as those
visible only from airplanes or helicopters, only if not visible from the street
surface or public right-of-way; 11) Personal appearance items or devices of
personal apparel, decoration or appearance, including tattoos, makeup, wigs,
costumes, masks, etc. (but not including commercial mascots); 12) Search lights
and klieg lights when used as part of a search and rescue or other emergency
service operation; this exclusion does not apply to search lights or kleig lights
used as attention attracting devices for commercial or special events; 13)
Shopping carts, golf carts, personal scooters, human-powered taxis, horse drawn
carriages and similar devices (but not including any motorized device which may
legally be operated on any public road); 14) Non-commercial symbols embedded
Town ofTiburon
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Effective ~ ~2009
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in architecture including, but not limited to, by way of example and not limitation,
stained glass windows, carvings on doors, frieze and bas relief statuary, color
bands around buildings, foundation stones, corner stones, when such are
permanentl y integrated into the structure of a permanent building which is
otherwise legal; 15) Vehicle and vessel insigflia on street-legal vehicles and
properly licensed watercraft: license plates, license plate frames, registration
insignia, non-commercial messages, messages relating to the business of which
the vehicle or vessel is an instrument or tool (not including general advertising)
and messages relating to the proposed sale, lease or exchange of the vehicle or
vessel; 16) Vending machines that do not display offsite commercial messages or
general advertising messages; 1 7) Weather flags, nautical flags and pennants
when displayed on boats, in marinas, or on any land area within fifty (50) feet of
water frontage, where primarily intended to be viewed from the water and which
do not display cOlnmercial messages; and 18) Displays of merchandise in a store
window.
Sign area. The surface area of a sign, as measured using the procedure
described in section 16A.610.
Sign Program. A program providing a coordinated signing plan for
multiple establishments or uses, in specified situations set forth in Section
16A.525, and which utilizes one or more common elements such as color,
materials, lettering, illumination, sign type, and sign shape.
Subdivision or neighborhood identification sign. A sign placed near the
entrance to a development or subdivision and used to identify the area.
Town Property. Real property over which the Town: a) holds an interest;
including, without limitation, fee title ownership, easement, leasehold, and public
street right-of-way; and b) has the present right of possession and control.
Under marquee sign. Any sign hung or suspended below a marquee,
canopy, cantilevered covered walkway, or arcade, but that is not directly attached
to a building in the manner that a projecting sign would be. Such signs are also
known as overhead-mounted hanging signs or blade signs.
Visibility triangle. That portion of both public andlor private property at
any corner bounded by the curb line or edge of a roadway of the intersecting
streets and a line joining points on the curb or edge of the roadway fifteen (15)
feet from the point of intersection of the extended curb lines or edges of the
roadway.
Wall sign. Any sign painted on or attached parallel to the wall of a
building and projecting not more than twelve (12) inches horizontally outward
from the building wall.
Wind blown device. Any sign activated by air or gas that visibly moves
when activated.
Window sign. A sign painted on or atta~hed to a window, or inside a
building within ten (10) feet of a window, and designed to be viewed by the
general public from outside the building in which the window is located.
Town of Tiburon
Ordinance No.
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Article IV
Applicability and Interpretation
16A.400 Compliance as of Effective Date of this Chapter.
The provisions of this Chapter shall apply to qll signs erected on or following
[insert effective date of this ordinance] and shall apply to all signs unlawfully erected
prior to [insert effective date of this ordinance] and shall apply to all incomplete,
unprocessed or undecided sign permit applications as of [insert effective date of this
ordinance] .
16A.405 Compliance with Applicable Laws, Rules, and Regulations.
All signs posted, erected or constructed on or following [insert effective date of
this ordinance] shall comply with this Chapter and all other applicable laws, rules, and
regulations.
16A.410 Requirementsfor Associated Town Permits and Approvals.
Any associated Town permit or approval required for a sign, including but not
limited to a building permit, electrical permit, encroachment permit, or zoning permit
(e.g., conditional use permit or site plan & architectural review permit) shall be obtained
before the sign is erected. Application review for such permits shall not consider message
content or graphic design of the proposed sign. Applications for such permits may be
pursued simultaneously, and such permits may be approved subject to approval of all
other required permits.
16A.415 Automated Teller Machine (ATM).
The provisions of this Chapter shall not apply to an automated teller machine
(A TM) or the affiliation logos that are an integral part of the ATM. This Chapter shall
apply to signs or advertising that are not essential to the functioning of the ATM. Any
A TM shall be subject to Site Plan and Architectural Review approval pursuant to Chapter
16 of the Tiburon Municipal Code.
Article V
Sign Application and Permit
Procedures
16A.500 Sign Permit Required.
Except for those signs that are specifically exempt under Sections 16A. 710,
16A.725, 16A.800, or 16A-810, all signs shall require the approval of a Sign permit and
shall follow the permit procedures set forth in Sections 16A.500 through 16A.540. Only
signs authorized by this Chapter may be built, installed, displayed, erected or maintained
within the Town. All signs are subject to a permit requirement unless expressly
exempted. Signs exempted from the permit requirement still must satisfy all applicable
rules.
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Ordinance No.
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16A.505 Application and Completeness Review.
Any person seeking a permit for a sign, for which a permit is required, shall
submit to the Director of Community Development a written application for such sign
permit. The Director of Community Development shall prepare a sign permit application
form and provide it to any person on request. The same form may be used for both the
application and the decision thereon. A single application may be filed to apply for
multiple signs on the same site or for the same establishment. A sign permit application is
complete only when it is accompanied by the appropriate application fee, in an amount
set by resolution of the Town Council. In the case of after-the-fact permitting, the
otherwise applicable fee shall be doubled. The application form may call for the
following information:
(a) Name, address and telephone number of the applicant and, if applicable, the
name, address, and telephone number, as well as the contractor's license number, if any,
of the sign contractor;
(b) Street or site address, assessor parcel number, zoning district, and use (i.e.,
single family residential, multi-family residential, commercial, or other) of the property
where the proposed sign( s) are to be displayed;
(c ) Accurate, dimensioned, and scaled site plan showing the location of property
lines, buildings, parking areas, driveways, landscaped areas, and existing and proposed
signs on the site; as to existing signs, information as to whether each was permitted or
exempt from permitting;
(d) Accurate and scaled elevation drawings depicting proposed signs and the
proposed colors of the signs, and accurate and scaled elevations showing existing signs
located elsewhere on the property;
( e) The total number of signs proposed and the aggregate sign area of those signs;
(f) Number and linear length in feet of each establishment frontage for the use or
establishment; ,
(g) Total allowance of sign area in square feet in accordance with the type of use;
(h) For each sign proposed or existing and to remain:
(1) Proposed sign type;
(2) Proposed sign materials;
(3) Proposed sign area and dimensions (length, width, and height);
(4) Proposed sign colors;
(5) Proposed method of illumination (if any);
(6) Proposed form of sign attachment (be specific);
(7) Proposed duration (permanent or temporary);
(i) Written evidence of all owners' consents, such as land owner or lessor;
(j) A statement as to whether the use or establishment occupies the entire
building, and if not, the number of other uses or establishments in the building;
(k) A statement as to whether the sign is intended to be used in whole or in part
for off-site commercial messages, advertising for hire or general advertising;
(I) A statement as to whether any sign would be located off-site (not on the
property where the use is located), and if so, a precise description of the proposed off-site
location;
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(m) A statement as to whether the sign would project over Town Property or
street right-of-way, and if so, the proposed distance of encroachment and the height of the
sign above ground level at the area of encroachment;
(n) A statement or graphical description as to whether the proposed sign, or any
part of it, is proposed to utilize any of the following physical devices: sound; odor,
smoke, flashing images, changeable electronic display, fumes or steam; rotating, moving
or animated elements; activation by wind or forced air; neon or other visible discharge
gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal
displays or other video-like methods; use of live animals or living persons as part of the
display; mannequins or statuary;
(0) A statement as to whether the specific permitted use for which the sign is
proposed to be erected or displayed, or any currently existing sign thereon associated
with the specific permitted use, is the subject of any outstanding notice of zoning
violation or notice to correct, including whether any such deficiencies are to be remedied
by the proposed application;
(p) Current photographs of the existing property, parcel, andlor building on which
a sign is proposed to be erected or displayed;
(q) In the case of any proposed sign that is subject to a discretionary process, such
as a variance, conditional use permit, site plan and architectural review, or sign program,
all relevant information required by such process( es);
(r) The Director of Community Development is authorized to modify the list of
information to be provided on a sign permit application; however, additions may be made
only after thirty (30) days public notice.
The Director of Community Development shall determine whether the application
contains all the required information or contains sufficient information to act on the
application. If it is determined that the application is not complete, the applicant shall be
so notified in writing within thirty (30) days of the receipt of the application; the notice
shall state the points of incompleteness and identify any additional information necessary
to make the application complete. The applicant shall then have one opportunity, within
thirty (30) days, to submit the required information; failure to do so within the thirty-day
period shall render the application void. In the case of a timely resubmission, the
application fee need not be paid a second time.
16A.510 Review Authority.
Review authority over Sign permits pursuant to the provisions and requirements
of this Chapter is vested with the following review authorities:
(a) Director of Community Development. The Director of Community
Development has the authority to:
(1) Act on a Sign Permit application, as set forth in Section
16A.535(a).
(2) Act on requests for Minor Exception, as set forth in Section
16A.535(b).
(3) Act on requests for time extension to an approved Sign
Permit, pursuant to Section 16A.540.
(4) Act on requests for time extension to an approved Sign
Program, pursuant to Section 16A.540.
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(5) Refer any Sign Permit application to the Design Review
Board for action, pursuant to Section 16A.51 O(b).
(b) Design Review Board. The Design Review Board has the
authority to act on:
(1) Sign Permit application~ referred by the Director of
Community Development.
(2) A Sign Program, and any amendments thereto, as set forth
in Section 16A.525.
(3) Signs requiring a Major Exception, as set forth in Section
16A.520.
(4) Appeals of Sign Permit decisions of the Director of
Community Development.
( c) Appeals.
(1) General Provisions of Appeal.
The appeal right arises at the earlier of: a) whenever a written decision is delivered to the
applicant, or b) the time for decision has run without a written decision. In this context,
'''delivered'' means personally delivered or placed in the u.s. Mail, first class delivery,
whichever occurs first.
(2) Appeals of Decisions of the Director of Community
Development.
A decision of the Director of Community Development may be appealed to the Design
Review Board by any affected person within five working (5) days of the decision. The
appeal process is begun by filing a written notice of appeal with the Town Clerk
particularly stating the matter appealed from and the grounds for the appeal. The Design
Review Board shall hear the appeal and render a decision on the appeal within thirty (30)
days of the filing of the appeal. The timely decision requirement may be waived by the
applicant andlor appellant.
, (3) Appeals of Decisions of the Design Review Board.
A decision of the Design Review Board, except on appeal from a decision of the Director
of Community Development, may be appealed to the Town Council by any affected
person within ten (10) days of the decision. The appeal process is begun by filing a
written notice of appeal with the Town Clerk particularly stating the matter appealed
from and the grounds for the appeal. The Town Council shall hear the appeal and render
a decision on the appeal within forty-five (45) days of the filing of the appeal. The timely
decision requirement may be waived by the applicant andlor appellant. Following a final
decision by the Town Council, the applicant or any appellant may seek judicial review of
the final decision on a sign permit application pursuant to California Code of Civil
Procedure Section 1094.5 and or 1094.6 or 1094.8, as applicable. Such judicial review
must be filed within thirty (30) days of notice of final decision, unless State law
otherwise provides.
(4) Status Quo. During the pendancy of appeal or judicial review,
the status quo of the subject sign(s) shall be maintained. This does not apply when an
existing sign, or sign under construction, by virtue of its physical condition, constitutes a
significant and immediate threat to public safety.
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16A.515 Criteria for Approval of Sign Permit Applications; Conditions.
(a) If a Sign permit application complies with all requirements of this.
Chapter and with all other applicable laws, rules and regulations, the permit shall be
approved and issued within the required time limits set forth in Section 16A-535.
(b) A Sign Pennit application may b~ approved subject to conditions,
so long as those conditions are required by this Chapter or some other applicable law,
rule or regulation. Compliance with all applicable safety codes, including but not limited
to building and electrical codes, shall be a condition of all Sign permit approvals, where
applicable.
16A.520 Exceptions (Major and Minor).
When a proposed sign(s) deviates from the provisions and standards of this
Chapter pertaining to sign area, height, setback, spacing, location, placement, type,
number, orientation, illumination, or safety factors for construction materials and
methods, an Exception request may be filed with a Sign permit application, subject to the
following:
(a) Minor Exception. A Minor Exception applies to requests that
deviate from the sign provisions for sign area or sign height by less than twenty (20)
percent. Notwithstanding the foregoing, any sign area Exception involving no more than
five (5) square feet, or involving transfer of sign area from one frontage to another
pursuant to Section 16A. 720( c), shall be deemed a Minor Exception.
(b) Major Exception. A Major Exception is any Exception other than
that described in subsection ( a) above as a Minor Exception.
( c) Findings for Approval of an Exception. The following findings
shall be Inade in rendering a decision on a request for Exception:
(I) The Exception is necessary to overcome special or unusual
site conditions such as exceptional building setbacks, and lack of or limited visibility due
to orientation, shape ~r width of the property and/or building improvements;
(2) The Exception is appropriate in that it would allow signage
that would be in harmony and scale with the building and site improvements, and would
be physically compatible with other conforming signs in the immediate vicinity; and
(3) The Exception would permit an improvement that would
not be detrimental or disruptive to the safety or flow of vehicular or pedestrian traffic
either on-site or off-site.
(d) Not applicable to Prohibited Signs. The Exception process shall
not apply or be used to permit any prohibited sign, as set forth under Section 16A.805 of
this Chapter. Exceptions may not be used to authorize off-site commercial messages on
permanent structures in fixed locations.
16A.525 Sign Programs.
The establishment of a Sign Program is encouraged as an alternative to the sign
standards and provisions contained in this Chapter under certain circumstances, as
follows:
(a) Purpose. Sign Programs are specifically intended for properties
with multiple establishments on one site or multiple signs for uses with special sign
needs. Sign Programs shall be used to achieve aesthetic compatibility among the signs
Town of Tiburon
Ordinance No.
NS.
Effective ~ ~2009
17
within a project, and may allow some flexibility in the number, size, height, type,
setback, spacing, illumination, location, orientation, and placement of signs.
(b) Applicability. Sign Programs are permitted specifically for
shopping centers, multiple-tenant buildings, lots or parcels with more than five (5)
buildings or establishments under the same ownership or within the same development,
motor vehicle fueling stations, and movie or live stage theaters. Sign programs shall not
be used to allow signs that are expressly prohibited by this Chapter.
(c) Design Continuity. Sign Programs shall be designed so that all
signage has a consistent and common structural and physical design theme and
placement, utilizing common materials, colors and illumination.
(d) Findings required for approval of a Sign Program. The Design
Review Board shall make the following findings in rendering a decision on an application
for a Sign Pro graIn:
(1) All of the signs contained in the program have one or more
common design elements such as placement, colors, architecture, materials, illumination,
sign type, sign shape, letter size and letter type;
(2) All of the signs contained in the program are in harmony
and scale with the materials, architecture, and other design features of the buildings and
property improvements they identify, and the program is consistent with the General
Design Principles specified in Section 16A.620.
(3) The amount and placement of signage contained in the
program are in scale with the subject property and improvements, as well as the
immediately surrounding area.
16A.530 Permits Issued in Error; Revocation or Cancellation.
(a) Permits Issued in Error. Any approval or permit issued in error
may be summarily ~evoked by the Director of Community Development upon written
notice, to the holder, stating the reason for the revocation. '"Issued in error" means that
the permit is not in compliance with rules, regulations or other provisions contained
within this chapter and therefore should not have been issued in the first place.
(b) Revocation or Cancellation. The Director of Community
Development may revoke any approval or permit upon refusal or failure of the permittee
to comply with the provisions of the permit or this Chapter after written notice of non-
compliance and at least fifteen (15) days opportunity to cure. The notice and opportunity
to cure does not apply when a sign, by virtue of its physical condition, constitutes an
immediate and significant threat to public safety.
16A.535 Processing and Noticing Requirements.
The following processing and noticing procedures shall be followed prior to
rendering a decision on an application for a Sign permit, an Exception or a Sign Program:
(a) Sign Permit, administrative approval. Following review of a Sign
permit application for compliance with the provisions of this Chapter and other
applicable laws, rules and regulations, the Director of Community Development, or
his/her designee, may render a decision on the application. A decision on a Sign permit
application may be rendered without notice to surrounding property owners.
Town ofTiburon
Ordinance No.
N.s.
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(b) Minor Exceptions. Following review of an application for and
prior to rendering a decision on a Minor Exception, property owners contiguous to the
subject property shall be mailed a notice informing them of the Director of Community
Development's intent to act on the application. Good faith efforts to provide a copy of
the notice to adjacent establishments shall also be maUe. The notice shall indicate that
the Director of Community Development will take action on the application, on or after a
specified date, which date shall be at least ten (10) days following the date of the notice.
(c) Major Exceptions and Sign Programs. Major Exceptions, Sign
Programs (including amendments thereto), appeals, and other sign-related applications
requiring Design Review Board action shall require notice of the hearing date to be
mailed to property owners within three hundred (300) feet of the subject property a
minimum of ten (10) days prior to the hearing. Good faith efforts to provide a copy of the
notice to adjacent establishments shall also be made.
(d) Prompt review and decision. Review and decision on any Sign
permit, Exception, or Sign Program application shall be prompt and expeditious and in no
event shall exceed thirty (30) days after the application is accepted as complete. If a
decision is not rendered within the required time limit the application shall be deemed
denied. In the case of an appeal, the appeal shall be heard and acted upon within thirty
(30) days of its filing. Time limits may be waived by an applicant andlor appellant.
Judicial review may be in accordance with the provisions of Code of Civil Procedure
Sections 1094.5 and 1094.6 or 1094.8, as applicable.
(e) Multiple Sign Applications. When an application proposes two or
more signs, the application may be approved either in whole or in part, with separate
decisions as to each proposed sign. When a multiple sign application is denied in whole
or in part, the reviewing authority shall specify in writing the grounds for such denial.
(t) Disqualification. No Sign permit application will be approved if:
(1) The applicant has installed a sign in violation of the provisions of this
Chapter and,' at the time of submission of the application, each illegal or non-
permitted sign has not been legalized, removed or a remedy included in the
application;
(2) There is any other existing municipal code violation located on the site
of the proposed sign(s) with the same specifically permitted use (other than an
illegal or nonconforming sign that is not owned or controlled by the applicant and
is located at a different establishment), which has not been cured at the time of the
application, unless the noncompliance is proposed to be cured as part of the
application;
(3 ) The sign application is substantially the same as an application
previously denied, unless: (i) at least twelve (12) months have elapsed since the
date of the last application, or (ii) substantial new evidence or proof of changed
conditions is furnished in the new application;
(4) The applicant has not obtained any required encroachment permit, site
plan and architectural review permit, conditional use permit, variance, or other
zoning permit. However, applications for such permits may be processed
simultaneously with a sign permit application.
Town ofTiburon
Ordinance No.
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Effective ~ ~2009
19
16A.540 Expiration of Sign Permits.
(a) Initial time limits. All Sign Permit, Sign Program and Exception
approvals shall expire one hundred and eighty (180) days from issuance, unless the
approved sign( s) has been erected and has passed all final inspections, or is underway on
such date and is thereafter diligently pursued to completion.
(b) Time limits for extensions. Prior to expiration of a Sign Permit,
Sign Program or Exception, the applicant may apply to the Director of Community
Development for an extension from the date of expiration. Upon such application, the
approval may be extended one time only for one hundred and eighty (180) days from the
original date of expiration.
Article VI
General Sign Provisions
16A.600 Compliance Required.
All signs subject to the provisions of this Chapter shall comply with the following
general sign provisions.
16A.605 Types of Signs.
Examples of sign types are presented in Figure 16A-l. A definition for these sign
types is provided in Section 16A.305 of this Chapter. The type of sign that is permitted
for an establishment shall be regulated by type of use, as specified in Section 16A.700 et
seq. of this Chapter.
16A.610 Sign Area: Computation/Determination of Permitted Sign Area.
To determine, sign compliance with sign area limitations of this Chapter, sign area
shall be measured as follows:
(a) Measuring surface sign area. Surface area of a sign shall be
calculated as follows:
(I) By enclosing the extreme limits of all framing, writing,
logo, representation, emblem and other display including, but not limited to, telephone
numbers and internet web site addresses within a single continuous perimeter composed
of squares or rectangles. This method of sign measurement is depicted in Figure 16A-2.
(2) When a sign is comprised of individual letters, which
appear as an unframed surface, the script and logo for each line shall be calculated
separately. When distance between two lines of script is more than twice the height of
the script, each line shall be counted as a separate and individual sign.
(3) The area of the sign shall be taken as the area of one face.
(b) Measuring three-dimensional objects. Signs that are spherical,
conical, cylindrical or non-geometric three-dimensional shapes shall be measured as the
area of their maximum projection upon a vertical plane. The method of such sign
measurement is depicted in Figure 16A-3.
(c) Measuring double-faced (back-to-back) signs. The area of a
double-faced sign where only one sign face can be seen at one time from any location
shall be calculated as a single sign face.
Town ofTiburon
Ordinance No.
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(d) Measuring double-faced or multiple-faced signs where more than
one sign face is visible from anyone location. The maximum area of all faces that can
be seen at one time from any location shall be counted in the calculation of sign area.
( e) Tubing or strings of lights. Illuminated tubing and strings of lights
used to outline a sign or portions thereof shall be included in the calculation of permitted
sign area. The tubing or strings of light shall be deemed to have a minimum width of six
(6) inches in the calculation of the sign area. When illuminated tubing and strings of
lights border an area that forms a substantially closed geometric shape, which contains
signage within this shape, all area within the closed shape shall be considered sign area.
(f) Clocks and temperature display. Elements of a sign displaying
time of day andlor temperature shall be included in measuring the surface sign area.
Such elements are prohibited if they constitute an animated or moving sign as defined
herein.
(g) Supporting framework, bracing, pedestals or foundations.
Supporting framework, bracing, pedestals or foundations that are clearly incidental to or
separate from the sign display shall not be computed as sign area. Examples of this
condition would be a solid foundation or pedestal base on a monument-type sign. When
such members are designed or illuminated so as to contribute to the advertising qualities
of the sign display, the area of such members shall be computed as sign area.
(h) Sign Frames. Signs that are framed or have distinguishing color
background shall be measured by the entire area of the sign and background, including
the framing surfaces.
Town of Tiburon
Ordinance No.
NS.
Effective ~ ~2009
21
Figure 16A-l: Types of Signs
Awning
Roof
(Not Permitted)
[:l $ ~.fi ~
~t;~
Wall
51liN
Projecting
Mansard Sign
Types of Freestanding Signs
SIGN
.......--. "-' CI ~
~~~l5~~~~~
Monument Multi-Tenant Monument
Town of Tiburon
Ordinance No.
Pole/Pylon
NS.
'l
Under Marquee
Window
(diagram represents
two framed windows)
--
SIGN
~
Marquee Sign
Changable
Copy Panel
Changable Copy
Effective ~ ~2009
22
Figure 16A-2: Measuring Surface Sign Area
u"
~
3...5'
~'J A N ES ..... .J u'
SHOE SHOP':~'
4'
'l
t..5':~
(/
Slqn '/\"m&=- tS iq" Ft
iU'
~
...J
:! JANES I
:~HOE SHO!j
4~
~,;-.,;.".-.,....~,.,,:,
~
4Jl!'
SIt}TI Am" t:fj.! itj,f"..
Sj~l A,... g2A ~. rt
Figure 16A-3: Measuring Three-Dimensional Signs
2'
Sign Area ~ 6 sq, Ft.
16A.615 , Location, Placement and Safety Rules.
The location and placement of a sign shall be subject to the following:
(a) On-site location only. All signs displaying commercial messages
shall be located on the same site, building or development as the subject establishment,
except as otherwise permitted by the provisions of this Chapter.
(b) Hazardous Location. No sign may be placed or located in such a
manner as to constitute a safety hazard or to impede the public use of the public right of
way, by factors including, but not limited to, sight distance and tripping hazard; and no
sign shall be erected, mounted or displayed in such a manner that it blocks or impedes the
normal pedestrian use of public sidewalks.
( c) Prohibited Mountings. Other than official government signs or
warning signs required by law, no sign shall be placed in or upon median strips or
islands, bridges, benches, traffic signals, utility poles, utility equipment, street lights,
traffic signs, traffic sign posts or supporting structures, or on anchor wires or guy wires.
No sign may be cut, burned, marked or in any other manner displayed on a cliff, hillside
or tree.
(d) Intersection Visibility. Signs erected or maintained at or near any
street intersection may not obstruct the free and clear vision of drivers and pedestrians.
Other than traffic control signals, no sign shall be installed in the visibility triangle at
intersections.
Town ofTiburon
Ordinance No.
N.s.
Effective ~ ~2009
23
(e) No obstruction of exits, windows and safety equipment, etc. No
sign shall be erected in any manner where a portion of the sign or its supports would
interfere with the free use of any fire escape, exit or standpipe, or obstruct any required
stairway, door, ventilator, window, handicapped ramp or access, or required parking
space. 'l
(f) Maintenance of adequate sight distance. No sign shall be erected
in any manner or location where it will physically impede or cause hazardous obstruction
to the visibility of vehicles or persons entering or exiting doorways or driveways.
(g) General placement of signs. The permitted sign(s) for an
establishment shall be placed on the street front face or elevation of the building where
the establishment is located (see definition for establishment frontage in Section
16A.305). Where an establishment is located in a building that has no street frontage, is
located on a one-way street, or where public visibility of the front face or entrance of an
establishment is limited or impaired, the permitted sign may be placed on the side or rear
face or elevation of the building where the establishment is located.
(h) Establishment frontage on corner lots. On corner lots where
establishment frontage exists on two streets, signs may be placed on both frontages, but
the permitted square footage for each establishment frontage may be transferred from one
frontage to another only by granting of an Exception.
(i) Establishment frontage on a public parking lot or public parking
structure, or public~v-traveled waterway. Where establishment frontage exists on a
parking lot or parking structure generally open to the public, or on a publicly-traveled
waterway such as San Francisco Bay, this establishment frontage shall be considered the
same as establishment frontage on a public street when determining permitted sign area.
(j) Placement of Wall and Window Signs. No wall sign shall project
more than twelve (12) inches from the wall to which it is affixed; nor shall any portion of
a wall sign extend a~ove a roof line in such manner that it becomes a roof sign. No more
than twenty-five (25) percent of the area of a framed window or a continuous window
area shall be used for a sign or signs. When a window contains multiple panes, the
framed area of the whole window, inclusive of the individual paned areas, shall be used
in calculating the permissible sign area. Window signs shall be counted against the
overall permitted sign area and number, and shall be subject to the same provisions and
limitations as for wall signs.
(k) Location and Placement of Marquee and Under Marquee Signs.
The location and placement of marquee signs and under marquee signs shall be subject to
the following provisions:
(1) A minimum vertical clearance of eight (8) feet above the
sidewalk, path, public property, public right-of-way or easement shall be maintained.
(2) Signs shall not project beyond the ends or sides of the
marquee.
(3) Signs placed on the face of a marquee may extend above
the top of the marquee provided that this extension is not more than one-half the height of
the marquee face and is below the building roofline.
(4) An under marquee sign shall not exceed ten (10) square
feet in area.
Town ofTiburon
Ordinance No.
NS.
Effective ~ ~2009
24
(5) When marquee and under marquee signs are illuminated,
the conduit and wiring that provides the source of illumination shall be concealed or
screened, to the extent feasible.
(1) Location and Placement of Projecting Signs. The location and
placement of projecting signs shall be subject to the follawing provisions:
(1) A projecting sign shall not exceed ten (10) square feet in
area.
(2) A minimum vertical clearance of eight (8) feet above the
sidewalk, path, public property, public right-of-way or easement shall be maintained.
(3) Signs shall be placed at or below the sill of the second floor
windows in a multi-story building or below the eave line of a single-story building.
Projecting signs shall be permitted for a ground floor establishment only.
(4) Signs, including any structural members, shall not project
more than a distance of six (6) feet from the building face. In no case shall any sign
project to a distance nearer than two (2) feet from the street curb.
(5) Signs placed near the side property line or side building
wall line facing two streets or rights-of-way shall be set back from the comer to maintain
appropriate sight distance.
(6) When projecting signs are illuminated, the conduit and
wiring that provides the source of illumination shall be concealed or screened, to the
extent feasible.
(7) No projecting sign shall extend above the top level of the
wall or in any other manner such that it becomes a roof sign.
(m) Location and Placement of Mansard Signs. Mansard signs shall be
located on the lower two-thirds (2/3) of the roof slope and shall not project more than
three (3) feet from the sloped roof face at any point. The sign ends of a mansard sign
shall be designed to return and be flush with the mansard roof, so that the rear of the sign
and the sign bracing are not visible.
(n) Location, Placement and Illumination of Awning Signs. The
location and placement of awning signs shall be subject to the following provisions:
(I) Signs may be placed on the front and sides (ends) of the
valance of the awning. However, each sign placed at these locations shall be counted as
one of the permitted signs for the establishment.
(2) The sign shall cover no more than fifty (50) percent of the
front face area of the awning and no more than fifty (50) percent of the awning sides
( ends).
(3) When awning signs are illuminated, the illumination shall
be limited to the sign script andlor logo only. Illumination designed to light the entire
awning is not permitted.
(4) Lettering on awning signs shall be contained in a single line
limited to the awning face (valance) perpendicular to the ground below.
(0) Location and Placement of Freestanding Signs. The location and
placement of freestanding signs shall be subject to the following provisions:
(1) No freestanding sign shall be placed in any location
that the Town determines would interfere with vehicular or pedestrian safety.
Town ofTiburon
Ordinance No.
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Effective ~ ~2009
25
(2) A freestanding sign shall not exceed eighteen (18) feet in
height; and a monument sign shall not exceed five (5) feet in height. A freestanding sign
on a single support pole shall not exceed twelve (12) feet in height. Shopping centers
located on parcels over three (3) acres in area may have a twenty (20) foot high
freestanding sign. 'l
(3) Freestanding signs are permitted on lots or parcels that
have a minimum frontage width of fifty (50) feet.
(4) Freestanding signs are permitted on lots and parcels with a
minimum building setback from the property line of fifteen (15) feet, except along Ark
Row (72 through 130 Main Street).
(5) No freestanding sign shall be less than four (4) feet from
any other sign, building, or structure.
(6) Freestanding signs are prohibited on Lower Main Street (1
through 55 Main Street). .
(p) Changeable Copy Signs. Changeable copy signs are allowed only
in conjunction with non-residential uses. The maximum sign area devoted to changeable
copy on any sign shall not exceed fifteen (15) square feet. Lighting shall be external
indirect only. Maximum height is eight (8) feet. Mounting methods are limited to wall,
window, marquee, and freestanding.
(q) Signs on Historic Buildings. Signs located on buildings designated
by the Town Council as Historical Landmarks, or on buildings listed on the Local
Historic Inventory of Buildings Located in Downtown Tiburon. adopted by Resolution of
the Town Council, shall be compatible with, and shall not detract from, the historic
character and defining elements of the building.
16A.620 General Design Principles.
The Town encourages signs requiring a Sign permit to employ the following
principles of design: '
(a)
Sign design. Should be physically compatible with the
building/ surroundings.
Sign colors and materials. Should be:
(1) Physically compatible with the building/surroundings.
(2) Metal/reflective materials to be matte or non-glare surface.
(3) High quality and durable materials.
(c) Mu ltip le- Tenant Buildings, Uniform Treatment. A uniform
treatment of sign type, colors, materials, design and illumination is encouraged for
shopping centers and multiple-tenant buildings. When new signs are proposed for
existing buildings with multiple tenants and signs, such signs should reflect where
possible the general sign type, colors, materials, design and illumination that is prominent
on the building. Adoption of a Sign Program pursuant to Section 16A.525 is highly
recommended for shopping centers and multiple-tenant buildings to reduce processing
time for sign permit applications and facilitate compliance with Town regulations.
(d) Downtown Area Signs. The following additional principles of
design are encouraged for signs located in Downtown Tiburon, and are derived from the
Downtown Tiburon Design Handbook, at pages 49-55, which may be referenced on the
Town of Tiburon website for further guidance.
(b)
Town ofTiburon
Ordinance No.
NS.
Effective ~ ~2009
26
(1) Signs should physically complement the architecture of the
building or storefront.
(2) Signs should preserve the transparency of the storefront.
16A.625 Illumination Standards. 'l
The illumination of signs from an artificial source shall be minimized to avoid
light spillage, nuisance, momentary blindness or other hazard, unreasonable brightness,
glare, or other annoyance, disability, or discomfort to persons within view of such light
sources. Exterior lighting shall be designed to eliminate off-site spread of light thro~gh
the use of hooded, low-level, low-wattage light fixtures, which cast light in a downward
direction. When illumination is proposed, it shall be subject to an electrical permit. The
required sign illumination standards are as follows:
(a) Sign illumination regulated by type of land use and sign type. The
type of sign illumination (if any) permitted is as specified in Section 16A.700 et seq., and
as otherwise set forth in this Chapter.
(b) Allowable Illumination. All lighting shall comply with the current
lighting code requirements adopted pursuant to Chapter 13 of the Tiburon Municipal
Code. The following types of illumination are allowable:
(1) Halo-type illumination. The light source is concealed behind
an opaque face and the rays of illumination are projected outwards toward the edge of the
sign forming a "halo" effect around the exterior of the sign. Lighting that passes through
the face or individual lettering of the sign is not allowed.
(2) External, indirect illumination. The light source is exposed
and directed toward the sign face but is shielded or concealed from view with proper
shields or glass lenses to avoid glare. Examples of external illumination include
gooseneck light fixtures and ground mounted light fixtures.
,(3) Reflective illumination. Illumination that is not florescent or
electrically charged, but that responds to light, such as from passing vehicle headlights,
by shining or glowing.
(4) Neon. Neon or other visible discharge gas may be used only on
non-residential establishments and shall not exceed ten (10) percent of the sign area.
( c) Exposed Lighting. Signs using exposed light sources, including
but not limited to neon tubing or visible discharge gas, may be conditionally approved
such as to receive final approval only when, within sixty (60) days of commencement of
operation of the lighting and sign, the Director of Community Development finds that the
light from the sign does not cause unreasonable glare or annoyance to persons of ordinary
sensibility. When such condition is applied, the sign owner must immediately inform the
Director in writing of the commencement of operation of the lighting and sign such that
the Director's review may proceed expeditiously. Failure to so notify the Director shall
toll the commencement of the sixty (60) day review period commensurate with the delay
in written notification. The Director's finding as described above may be made only after
a duly noticed hearing at which evidence is taken and a written decision is issued. The
Director of Community Development's inquiry shall not include consideration of the
message content of the sign, and shall be restricted to the physical method of presentation
(i.e. lighting) of the message.
Town ofTiburon
Ordinance No.
NS.
Effective ~ ~2009
27
(d) Illumination that is prohibited. The following types of
illumination are prohibited:
(1 ) Blinking, flashing or fluttering lights or illumination that
has a changing light intensity, brightness or color.
(2) Animated or moving messages.
(3) Searchlights used for commercial advertising purposes.
(4) Internal illumination that passes through the face or
lettering of a sign.
(5)
Electronic (e.g. LED, LCD, and video-type).
Article VII
Sign Standards
16A.700 Regulation by Use.
The size, type, number, illumination, and other physical characteristics of signs
shall be regulated by the residential or non-residential nature of the use. Except for those
signs not subject to a Sign permit under Sections 16A.800 and 16A.810 of this Chapter,
or signs authorized through approval of a Sign Program under Section 16A.525 of this
Chapter, all sign applications shall comply with the standards and limitations set forth in
this section, unless the Town grants an Exception pursuant to Section 16A.520.
16A.705 Allowance - Number of Signs Permitted.
The maximum number of signs that are permitted shall be regulated by use as
specified below. Where more than one sign is permitted for a use, the combined area of
the signs shall not exceed the sign area limit that is allotted.
16A.710 ' Signs on Residential Uses.
(a) Residential Signs. Legal residential uses may erect, maintain and display
signs as described in this section. Unless otherwise specified, the signs described in this
section are not subject to a permit, but still must conform to the rules stated in this
section. Transient occupancy uses (hotels, motels, bed and breakfast establishments, etc.)
are not governed by this section.
(b) Single Family and Two-Family Residences. 0n legal, detached, single family
residential uses and on legal, attached or detached two- famil y residential uses, each
dwelling unit may display, at all times and in all zones, a total of eight (8) square feet of
sign face, subj ect to:
(1) Number of sign faces: not limited; maximum area of anyone sign face:
eight (8) square feet; maximum height of any freestanding sign: eleven (11) feet;
illumination: not allowed; mounting methods: wall, window, door, fence, or
freestanding;
(2) Acceptable message types: non-commercial; nameplate, garage-sale
signs, and signs described in Civil Code 713 (temporary real estate signs), as
follows:
a. Nameplates (on-site only, which may include street address)
may not be taller than eighteen (18) inches.
Town of Tiburon
Ordinance No.
NS.
Effective ~ ~2009
28
b. Other temporary signs for special events, such as garage sales,
wedding receptions, etc., (on-site or off-site) on display on the day
of the advertised event only, sunrise until event closes, but not later
than sunset; maximum area per sign: four ( 4) square feet;
maximum display area of all si~s: eight (8) square feet; total
number of signs: four (4).
c. Temporary on-site signs as permitted by California Civil Code
713, subject to: maximum number: one (1) per parcel; maximum
display face area per sign: three (3) square feet; illumination: not
allowed; physical type: attached or freestanding; display time:
when the subject property is on the market and up to ten (10)
calendar days thereafter.
(3) Pre-election period. During the time period that begins forty-five (45)
days before and ends five (5) days after a special, general, or primary election, the
total display area for non-cOlnmercial messages on temporary structures may be
increased to sixteen (16) square feet. Such signs may be displayed only with the
consent of the owner or legal occupant, may not project above the roofline of any
building on the same parcel, and may be posted on walls or fences or windows,
but not on trees or other plants. Illumination is prohibited.
(4) Flags, pursuant to Section 16A.810, are not included within the limits
of this subsection. Flags are subject to: number of freestanding poles per parcel:
one (1); maximum height of freestanding flag pole: twenty-four (24) feet; height
of the flag: no more than one-fourth (1/4) the height of the pole; number of flags
per free standing pole: not limited; total display area of all flags (measured one
side only): sixty (60) square feet; image types: no commercial images on
residential uses. Illumination is prohibited.
(5) Neighborhood signs. Near any major street entrance to a
neighborhood or housing development, the developer or the homeowners'
association may install a sign, subject to: maximum height, five (5) feet;
maximum length, six (6) feet; maximum area of display face, twelve (12) square
feet; illumination, not permitted; copy, permanent image only with no changeable
or changing images and no off-site commercial messages.
(c) Multi Family Residential - Units. On legal, attached, multiple family
residential uses, at all times and in all zones, each individual dwelling unit may display
signs, subject to:
(1) Number of sign faces: not limited; maximum size of anyone sign face:
eight (8) square feet; illumination: not allowed; mounting Inethods: wall, window,
door, fence; freestanding signs are not allowed;
(2) Acceptable message types: non-commercial; nameplate, garage-sale
signs, and signs described in Civil Code 713 (temporary real estate signs), as
follows:
a. Nameplates (on-site only, which may include street address)
may not be taller than eighteen (18) inches;
b. Other temporary signs for special events, such as garage sales,
wedding receptions, etc., (on-site or off-site) on display on the day
of the advertised event only, sunrise until event closes, but not later
Town of Tiburon
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than sunset; maximum size per sign: four ( 4) square feet;
maximum display area of all signs: eight (8) square feet; total
number of signs: four (4).
c. Temporary on-site signs as permitted by California Civil Code
713, subject to: maximum number: one (1) per parcel; maximum
display face area per sign: three (3) square feet; illumination: not
allowed; physical type: attached or freestanding; display time:
when the subject property is on the market and up to ten (10)
calendar days thereafter.
(3) Pre-election period. During the time period that begins forty-five (45)
days before and ends five (5) days after a special, general, or primary election, the
total display area for non-commercial messages on temporary structures may be
increased to sixteen (16) square feet. Such signs may be displayed only with the
consent of the owner or legal occupant, may not project above the roofline of any
building on the same parcel, and Inay be posted on walls or fences or windows,
but not on trees or other plants. Illumination is prohibited.
(4) Flags, pursuant to Section 16A-810, are not included within the limits
of this subsection. Flags are subject to: number of flags per dwelling unit: not
limited; total display area of all flags (measured one side only): sixty (60) square
feet; image types: no commercial images on flags on residential uses.
Illumination is prohibited; no freestanding flag poles allowed.
(5) Neighborhood signs. Near any major street entrance to a
neighborhood or housing development, the developer or the homeowners'
association may install a sign, subject to: maximum height, five (5) feet;
maximum length, six (6) feet; maximum area of display face, twelve (12) square
feet; illumination, not permitted; copy, permanent image only with no changeable
or changing i~ages and no off-site commercial messages.
16A.715 Signs on the Public Right of Way and Signs on Town Property.
Signs on the public right of way and on Town Property are regulated by Town
Council Resolution No. , or the most current successor thereto.
16A.720 Signs on Non-Residential Uses.
Signs located on non-residential uses shall be permitted sign area based on the
linear distance in feet of establishment frontage (as defined in Section 16A.305), as
follows:
(a) The allowable sign area for any establishment shall be one (1)
square foot of sign area for each four (4) linear feet of establishment frontage. Additional
(e.g., second and third) floor uses, if different uses than ground floor uses, shall have a
fifty percent (50%) establishment frontage allowances to ground floor uses.
(b) F or establishments or uses with less than twenty (20) linear feet of
establishment frontage, a sign area allotment of five (5) square feet shall be allowed
without the granting of an Exception.
(c) For a parcel with more than one (1) establishment frontage, or
where an establishment is contained in more than one (I) building, each establishment
frontage shall be considered and calculated separately in determining allowable sign area.
Town ofTiburon
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Transfer of sign area from one establishment frontage to another where an establishment
has more than one (1) establishment frontage may be allowed with the granting of a
Minor Exception.
(d) A maximum of two (2) permanent signs shall be permitted per
frontage for each establisrunent except as follows: 'l
(1) There shall be no more than one (1) freestanding sign per
lot or parcel, except that lots or parcels greater than one acre in area may have up to three
(3) freestanding signs.
(2) There shall be no more than one (1) projecting sign per
establishment.
(e) A Shopping Center may erect and display an additional sign listing tenants
within the center, subject to: maximum area: eighty (80) square feet; location: may be
freestanding.
(f) A Multiple-tenant building may display an additional sign listing tenants
in the building, subject to: maxitnum area: twenty-five (25) square feet; location: may
be freestanding.
16A.725 Other Non-Residential Use Signs.
(a) On non-residential uses, temporary and incidental signs may be
erected, maintained and displayed according to this section. Unless otherwise specified,
the signs described in this section may be displayed in addition to those described in
Section 16A.720, and are not subject to a permit.
(b) Non-Commercial Messages. In addition to signs authorized or
exempted by other sections, and in addition to those signs allowed under the message
substitution provision, all legal non-residential uses may erect, maintain and display signs
exclusively used for non-commercial messages, as described in this section. If the
mounting device qu~lifies as a "structure" under the Building Code, then all relevant
requirements of that and other safety codes must be satisfied. Total number of such signs
is not limited, but the total sign area is limited to four (4) square feet at all times.
( c) Pre-election period. During the time period that begins forty-five
(45) days before and ends five (5) days after a special, general, or primary election, the
total display area for non-commercial messages on temporary structures may be
increased to sixteen (16) square feet, with no individual sign to exceed eight (8) square
feet. Such signs may be displayed only with the consent of the owner or legal occupant,
may not project above the roofline of any building on the same parcel, and may be posted
on walls or fences or windows, but not on trees or other plants.
(d) Temporary on-site signs as permitted by California Civil Code
713, subject to: maximum number: two (2) per parcel; maximum display face area: six
(6) square feet per sign; display time: when the subject property is on the market, and up
to ten (10) days thereafter.
(e) Flags. Non-residential uses may display flags with non-
commercial images or on-site commercial images, subject to: Maximum number of poles
per parcel: one (1); maximum height of any freestanding pole: twenty-four (24) feet;
maximum number of flags: three (3); maximum size of anyone flag: twenty (20) square
feet; total area (measured one side) of all flags on a given parcel or use: sixty (60) square
feet; mounting: directly or on shafts attached to a wall, door, window or fence, or on a
Town ofTiburon
Ordinance No.
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31
freestanding pole. Flags displaYing commercial messages shall be counted toward sign
number, type and area; shall require a sign permit; and shall be subject to all rules and
regulations set forth in this Chapter.
'l
Article VIII Temporary Signs, Prohibited Signs,
Exempt Signs and Nonconforming
Signs
16A.800 Temporary Signs.
The following signs are considered temporary and may be posted for a limited
period of time without first obtaining a Sign permit in accordance with the provisions of
this Chapter. If the message is commercial in nature, then the sign must be on-site.
(a) Grand Opening and Other Special Event Signs. Grand opening
and other special event signs of a short-term and temporary nature may be erected
without a Sign permit subject to the following:
(1) No more than two (2) such signs, not exceeding twelve (12)
square feet in total or combined sign area, may be displayed per establishment at one
time;
(2) No such sign or signs may be displayed for a period exceeding
thirty (30) consecutive or non-consecutive days in any calendar year, after which time the
signs shall be promptly and completely removed. Thus, by means of example, if an
establishment displays a sale sign or signs without a permit for a period of twenty-one
(21) days beginning on January 1, and subsequently, on February 1, begins displaying a
different sale sign or signs without a permit, the new sign or signs must be removed by
February 10, and no' additional signs may be displayed in reliance on this section during
that calendar year without being in violation of this section.
(3) Examples of special event signs include, but are not limited to,
signs displaying a special sale, grand opening, business closing, or a fund drive for a non-
profit establishment.
(b) Temporary construction signs. Maximum of three (3) in number
per site, and no more than six (6) square feet per sign for residential construction and
twelve (12) square feet per sign for non-residential construction. No illumination is
permitted. Such signs shall be permitted through the duration of construction and shall be
removed no later than ten (10) days following completion of construction. .
( c) Temporary use signs. Signs for temporary uses, including but not
limited to outdoor, temporary or seasonal sales lots, such as Christmas tree or pumpkin
sales lots, may be erected for a period not to exceed thirty (30) days. Temporary use
signs shall not exceed twenty-five (25) square feet on any parcel.
(d) Temporary of.fsite signs. Maximum of three (3) in number per
parcel and no more than three (3) square feet of face area per sign. No illumination is
permitted. Display times allowed: between 12:30 p.m. and 5:30 p.m. on Sundays and on
one additional day, as the Town Council may establish by Resolution. Location: (i)
private property not located in the Downtown with the permission of the property owner;
Town ofTiburon
Ordinance No.
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or (ii) on public property not located in the Downtown as allowed by Town Council
Resolution No. _, or the most current successor thereto.
16A.805 Prohibited Signs.
A prohibited sign is a sign that is not allowa~le under the provisions of this
Chapter, with or without a permit. The Town may require the removal or abatement of a
prohibited sign. Failure of a property owner andlor lessee to remove or abate a prohibited
sign within fifteen (15) days of the property owner andlor lessee's receipt of written
notification (or refusal to accept delivery of such) from the Town ordering the removal or
abatement, shall be deemed a violation of this Chapter enforceable as provided in Section
16A.900 et seq. and Chapter 31 of the Tiburon Municipal Code, or Business and
Professions Code section 5499 et seq., or any other method provided by law. The
following types of signs and devices are prohibited:
(a) Portable signs, as defined in Section 16A.305, including
"pedestal", "A-frame", "H- frame" and "I-frame" signs, except where allowed pursuant
to Section 16A-800(d) or Section 16A-710.
(b) Abandoned signs. Signs that have been abandoned for a period of
ninety (90) days or more following the closing of an establishment on the site where the
sign is located; or signs that pertain to a time, event, or purpose that no longer exists.
(c) Animated a'nd moving signs, as defined herein. Animated and
moving signs include, but are not limited to:
(1) Electronic message display, blinking, flashing, change in
light intensity, or moving signs.
(2) Wind blown devices such as balloons, inflatable objects,
pennants, ribbons, streamers.
(3) Signs producing sound, odor, smoke, fumes steam, or other
substances.
(d) Billboards, as defined in section 16A.305 and as set forth in
Section 16A.230.
( e) Dilapidated signs. Where elements of the sign surface, structural
support, frame members, panels or other sign elements are clearly dilapidated, have cause
to compromise the ability of the sign to identify an establishment, or are in a condition to
cause a hazard or affect public safety.
(f) Electronic signs, as defined herein.
(g) Imitative of legally-authorized signs. Signs (other than those used
for traffic direction) that contain or are an imitation of a legally-authorized traffic sign or
signal, or contain the words stop, go, slow, caution, danger, warning or similar words; or
signs that imitate or may be construed as other public notices, such as a zoning violation,
building permit, business license, etc.
(h) Internally-illuminated signs, as defined herein.
(i) Natural despoliation signs, as defined herein.
(i) Roof signs, except when qualifying as a mansard sign on a mansard
roof under the provisions of this Chapter.
(j) Signs likely to cause traffic confusion or traffic hazard. Signs or
lighting that is of a size, location, movement, coloring, or manner of illumination that it:
Town ofTiburon
Ordinance No.
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(1) Is likely to be confused with or construed as a traffic
control device.
(2) Will hide from view any traffic or street sign or signal.
(3) Is not effectively shielded to prevent glare or where the
lighting is of an intensity that causes glare or impairs the'lvision of a driver or pedestrian.
(k) Signs surfaced with or made of florescent paint or material.
16A.810 Exempt Signs.
The Town has a compelling public health, safety and welfare interest in the clear,
accurate and effective identification of governmental and private buildings, public streets
and public facilities and atnenities, the safe and efficient control of traffic and parking
within the Town, and the expeditious notification to the public of information affecting
emergency and essential public services. Therefore, unless otherwise specified, the
following signs are exempt from the Sign permit requirement and shall not count toward
sign number or sign area limits, provided that they conform to the stated rules of this
Chapter and all other laws, rules and regulations:
(a) Building and street address signs. Each sign shall not exceed three
(3) square feet in area and one (1) per building for each street frontage. Such signs must
comply with the Town's adopted Building Code requirements for address markings.
(b) Consumer Information Signs. Signs displaying consumer
information are not included in the calculation of the allowable sign area or number, if
such signs are on-site and do not individually exceed one (1) square foot and, in
aggregate, do not exceed five (5) square feet in area per establishment. Such signs shall
not be illuminated and shall not contain reflective paint or material. Examples of such
signs include, but are not limited to, signs displaying hours of operation, nameplates,
association affiliations, credit cards that are accepted, and "now hiring", "hours of
operation", "help wapted", "no smoking", "open", and "closed" signs.
(c) Directional or informational signs of a non-commercial nature.
Private directional or informational signs placed on-site, which are intended to provide
public safety or convenience, not exceeding four (4) square feet in area per sign and not
to exceed eight (8) square feet in aggregate sign area per establishment. Such signs shall
not be illuminated and shall not contain reflective paint or material. Examples of such
signs include, but are not limited to, parking lot directional signs, location of restrooms,
telephones, "parking in rear," "restricted area", "valet parking", and "employees only".
(d) Flags. Flags displaying non-commercial images, subject to rules
and limitations set forth in Sections 16A. 710, 16A-720 and 16A.725).
( e) Legally-authorized Signs. Signs displaying information that is
authorized or required by law or regulation other than set forth in this Chapter may be
displayed according to said authorizing law or regulation. Such signs include, but are not
limited to signs for traffic control, fire and police signs and other regulatory purposes,
signs for public information and safety, street signs, fueling station price signs, public
notices, emblems and other forms of official identification.
(f) Restaurant Menus. For non-residential uses serving food on the
premises to the public, a menu may be displayed on private property; the menu must be
identical in size and all other respects to those made available to diners. Lighting of the
menu may not cause unreasonable glare to persons of ordinary sensibility.
Town ofTiburon
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(g) Nonstructural repairs to and maintenance of conforming signs.
Repairs to, or maintenance of, a conforming sign, when such changes are non-structural.
Repair andlor maintenance does not include a change in colors, materials, or illumination,
which modifications shall require the approval of a Sign permit under Section 16A.500 et
seq. of this Chapter or other applicable laws, rules, or regulations.
16A.815 Nonconforming Signs, in General.
(a) A nonconforming sign is a sign that was legally established and
maintained in compliance with the provisions and requirements of all applicable laws in
effect at the time of the original installation but does not now comply with the provisions
of this Chapter.
(b) Changes to sign materials or colors are allowable, subject to a Sign permit,
provided that any such changes comply with the provisions of this Chapter. Changes to
sign text only do not require a Sign permit, provided that the sign area is not thereby
increased nor any other physical factor altered to increase the nonconformity of the sign.
(c) The following additional provisions shall apply to nonconforming signs:
(1) Any structural modification to, or structural alteration of, any
nonconforming sign or elements thereof, or movement or relocation of a non-conforming
sign, shall require immediate compliance with this Chapter.
(2) A nonconforming sign may not be changed to another
nonconforming sign or structurally modified or altered to extend its useful life.
(3) Use of a nonconforming sign may not be re-established or
continued after a use or establishment, with which the sign was associated, IS
discontinued for more than ninety (90) days, i.e., is an abandoned sign.
(4) Signs located on, and materially associated with, the historic
character of any building located on the Local Historic Inventory of Buildings Located in
Downtown Tiburon,. adopted by Resolution of the Town Council, may be allowed to be
re-constructed or replaced despite their non-conforming status, with the granting of a
Major Exception.
(5) Any nonconforming sign shall be removed or made to conform to
the provisions of this Chapter if the sign has been more than fifty (50) percent damaged
in terms of replacement value, or is destroyed, except as set forth in subsection (4) above.
16A.820 Nonconforming Portable Signs
(a) Notwithstanding any other provision of this chapter, existing, lawfully-
established, nonconforming portable signs with an expected useful life of less than fifteen
(15) years must be removed as set forth in this section.
(1) Unless otherwise established by the permit holder, portable signs
are presumed to have an expected useful life of five (5) years or less and must be
removed within five (5) years of [insert effective date of this Ordinance].
(2) If a permit holder demonstrates that a portable sign has an
expected useful life of more than five (5) years, the Director of Community
Development, or his designee, shall grant additional time for the sign to remain in place
for the remainder of its useful life, not to exceed a total of fifteen (15) years from [insert
effective date of this Ordinance].
Town of Tiburon
Ordinance No.
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35
(b) The Town Council may adopt a resolution establishing a program for the
elimination of signs with an expected useful life of fifteen (15) years or more in
compliance with Division 3, Chapter 2.5 of the California Business and Professions
Code, Section 5490 et seq. or any successor statutes.
(1) Prior to adopting the resolution, "own staff will prepare a report
that inventories and identifies any sign that would be affect by the program. The Council
will consider this report at a public hearing on the resolution.
(2) The resolution adopting the program shall include a finding that
there is a need for the regulations set forth therein.
(c) Nothing in this section shall preclude the Town and a permit holder from
mutually agreeing to remove a sign with an expected useful life of fifteen (15) years or
more upon the Town's payment of reasonable compensation for the value of the sign.
Article IX
Violations and Enforcement
16A.900 Violations Unlawful.
It is unlawful for any person to violate any of the provisions of this Chapter or to
violate any of the terms or conditions of a Sign permit or Sign Program issued pursuant to
this Chapter.
16A.905 Violations an Infraction.
Any violation of the provisions of this Chapter, or violation of any conditions of a
Sign Permit or Sign Program approval, shall be deemed an infraction and shall be subject
to penalties pursuant to Section 36900 of the Government Code, as amended, and
Chapter 31 of the Tiburon Municipal Code, or otherwise as provided by state law.
,
16A.910 Nuisance and Abatement.
Any violation of the provisions of this Chapter is hereby declared a public
nuisance and shall be subject to summary abatement as provided by law, including
Business and Professions Code Sections 5499.1 to 5499.16, Government Code sections
38773.1 and 38773.5, and Chapter 31 of the Tiburon Municipal Code.
(a) This section does not exclude any other lawful method of remedy
available to the Town.
(b) Each and every day that any violation of this Chapter continues shall be
regarded as a new and separate offense or violation.
( c) The remedies provided in this section shall be cumulative and not
exclusive.
(d) Any Sign Permit or Sign Program approved by the Town may be subject
to review and modification or revocation for cause under due process of law.
( e) Signs that present an immediate and significant threat to public safety may
be impounded immediately by any official of the Town to protect the public safety and
welfare. Impounded signs will be held for thirty (30) days. The Town will make
reasonable attempts to contact the sign owner and provide the owner with ten (10) days'
notice to reclaim the sign upon payment of fines. Impounded signs, which remain
Town ofTiburon
Ordinance No.
N.s.
Effective ~ ~2009
36
unclaimed after thirty (30) days, may be disposed of in any manner whatsoever at the
discretion of the Town.
SECTION 3. SEVERABILITY.
'l
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would
have passed this Ordinance, and any section, subsection, sentence, clause or phrase
herein, irrespective of the fact that anyone or more sections, subsections, sentences,
clauses, or phrases may be declared invalid or unconstitutional.
SECTION 4. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of
adoption. Pursuant to the provisions of the California Government Code, a summary of
this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the
Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk
shall (1) publish the summary in a newspaper of general circulation in the Town of
Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance.
Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1)
publish the summary in a newspaper of general circulation in the Town of Tiburon, and
(2) post in the office of the Town Clerk a certified copy of the ordinance along with the
names of those Council members voting for and against the ordinance.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on the 4th day of February, 2009, and was adopted at a regular
meeting of the Town Council of the Town of Tiburon, held on the 18th day of February,
2009, which were noticed pursuant to applicable sections of the California Government
Code, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: IAdministrationlTown Counci/\Staff Reports \2009 \sign ordinance draft 2-18-09.doc
Town of Tiburon
Ordinance No.
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Effective ~ ~2009
37
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
February 18, 2009
Agenda Item:
CC -~(b)
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Consider Adoption of a Resolution Establishing Policies for Signs on Town
Property and Signs on the Public Right-of-Way
Reviewed By:
e/
BACKGROUND
The Town Council held a public hearing on this item on February 4, 2009. No public comments
were received. The resolution now comes before the Town Council for adoption.
RECOMMENDATION
Staff recommends that the Town Council adopt the Resolution.
EXHIBITS
1. Draft Resolution
Prepared by:
Scott Anderson, Director of Community Development ~
S:\AdministrationlTown CouncillStaffReportsl20091February 18 Draftslsign ordinance update report 2-18.doc
RESOLUTION NO. -2009
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING A POLICY FOR SIGNS ON TOWN PROPERTY
AND FOR SIGNS ON THE PUBLIC RIGHT-OF-WAY
Section I.
Findings.
WHEREAS, the Town Council finds that the current Town policy regarding signs on Town
Property and the public right of way is in need of updating; and
WHEREAS, the Town Council has adopted a comprehensive update of its sign regulations as
set forth in Tiburon Municipal Code Chapter 16A; and
WHEREAS, the Town Council held public hearings on September 17,2008 and on February
4, 2009 to consider a Resolution Approving a Policy for Signs on Town Property and signs on the
public right-of-way, at which it considered any and all comments from interested persons; and
WHEREAS, the Town Council finds that the regulation of signs of its proprietary land
holdings and on the public right of way are necessary for the public health, safety, welfare and
convenience; and
WHEREAS, the Town Council finds that adoption of the Policy is exempt from the
requirements ofCEQA pursuant to Section 15061 [b(3)] of the CEQA Guidelines and is also also
categorically exempt purusant to Sections 15305 and 15311 of the CEQA Guidelines
WHEREAS, the Town Council finds that the Policy attached hereto is consistent with the
goals and policies of the Tiburon General Plan and will further its objectives.
Section II. Adoption.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon
hereby adopts a policy for signs on Town Property and for signs on the Public Right-of-Way, as set
forth on the attached Exhibit "A", which is hereby incorporated and made a part of this Resolution.
Section III. Effective Date.
NOW, THEREFORE BE IT FURTHER RESOLVED that this Resolution shall become
effective on March 20,2009, concurrent with the effective date of the new sign ordinance.
EXHIBIT NO. I
Town Council Resolution No. XX-2009
Effective --/--/2009
1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on , 2009 by the following vote:
'l
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No. XX-2009
Effective --/--/2009
2
EXHIBIT "A"
POLICY FOR SIGNS ON TOWN PROPERTY AND SIGNS ON THE
PUBLIC RIGHT-OF-WAY
Section I.
Authority, Purpose, Scope and Intent
A. Authority
This Policy is adopted pursuant to the Town's general and police powers, property rights,
Government Code Sections 65850(b), 38774, 38775, Business and Professions Code
Sections 5200 et seq., and Penal Code Section 556 et seq.
B. Capacity
In adopting this Policy, the Town Council acts in its proprietary capacity as to Town
Property, as defined herein, and pursuant to its police powers as to portions of the public
right of way in which the fee title is not held by the Town.
C. Scope
This Policy states the intent, rules, regulations, and procedures regarding private party
placement of signs on Town Property, as defined herein.
D. Intent
The purposes and intents of this Policy include, but are not limited to:
(1) To preserve and enhance the aesthetic appearance and natural beauty of the Town;
(2) To serve the public interest in safety, both pedestrian and traffic;
(3) To safeguard and protect the public health, safety, and welfare through
appropriate prohibitions, regulations, and controls on the design, location, and
maintenance of signs on Town Property;
(4) To enhance the visual attractiveness of the Town, for residents and visitors;
(5) To accommodate the need for orderly expression in traditional public forum areas,
such as streets, parks and sidewalks;
(6) To advance the goals, policies and programs of the General Plan; and
(7) To allow private parties to place signs on certain areas of Town Property, subject
to the rules and policies stated herein.
Town ofTiburon Policy for Signs on Town Property and Public Right-of Way
Exhibit "A" to Town Council Resolution XX-2009
Adopted --/--/2009
J
Section II.
Basic Policies
A. Compliance Required
'l
As to private parties and governmental units other than the Town, only signs authorized
by this Policy may be built, displayed, erected or maintained on Town Property, as
defined herein. Authorization shall take the form of a permit requirement or an exemption
from the permit requirement as explicitly stated in this Policy.
B. Enforcement
The Town Manager is authorized and directed to enforce and administer the provisions of
this Policy.
C. Interpretations
Interpretations of this Policy shall be made initially by the Town Manager, whose
decision may be appealed to the Town Council under the appeal procedures set forth in
Section 16A.510(c)(3) of the Sign Ordinance (Chapter 16A of the Tiburon Municipal
Code).
D. Intent as to Public Forum
The Town declares its intent that no Town Property shall function as a designated public
forum, unless some specific portion of Town Property is designated herein as a public
forum of one particular type; in such case, the declaration as to public forum type shall
apply strictly and oIlly to the specified area and the specified time period.
Section III. Definitions
A. Partial Incorporation of Sign Ordinance Definitions
All definitions from the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code)
are incorporated, unless they are limited or modified by this Policy.
B. Special Definitions
The following definitions apply to this Policy.
Business days. Days during which Tiburon Town Hall is open for public business.
Blackie's Pasture Sign. A sign made of material similar to plywood, masonite, or other
like substance and located on a structure near the southeast corner of the intersection of
Tiburon Boulevard with Blackie's Pasture Road, to which signs have traditionally been
attached.
Town ofTiburon Policy for Signs on Town Property and Public Right-of-Way
Exhibit "A" to Town Council Resolution XX-2009
Adopted --/--/2009
2
Blackfield Drive Sign. A sign made of material similar to plywood, masonite, or other
like substance and located on a structure at the northeast comer of the intersection of
Tiburon Boulevard with Blackfield Drive, to which signs have traditionally been
attached.
'l
Director of Public Works. The Town of Tiburon Director of Public Works, or his or her
designee.
Hand-held Sign. A sign that is held by a natural person or a live animal, not including
insignia on apparel or aspects of personal appearance.
Main Street Banner. A sign made of material similar to heavy canvas or reinforced
plastic, attached to poles or buildings, and suspended over Main Street from time to time.
Merchants Association. An organization representing merchants and related businesses
to promote local businesses.
Tiburon Peninsula. Any incorporated or unincorporated territory located on the greater
Tiburon Peninsula, including but not limited to the Town of Tiburon, the City of
Belvedere, the Paradise Drive unincorporated area, and the Strawberry/EagleRock/Bay
Vista unincorporated area.
Town Manager. The Town Manager of the Town of Tiburon, or his or her designee.
Town Property. Real property over which the Town: a) holds an interest; including,
without limitation, fee title ownership, easement, leasehold, and public street right-of-
way; and b) has the. present right of possession and control.
Traditional Public Forum. The surfaces of Town-owned streets, Town-owned parks,
sidewalks that are connected to the Town's main pedestrian circulation system, and the
pedestrian area immediately surrounding Town Hall (not including the interior thereof).
In consultation with the Town Attorney, the Town Manager shall interpret this phrase for
compliance with court decisions.
Section IV. Traditional Public Forum Areas
A. Applicability
This Section applies only in Traditional Public Forum areas as defined in Section III.
B. Display Right
In an area qualifying as a traditional public forum, private persons may display signs
expressing non-commercial messages that are within the protection of the First
Amendment, without a permit, but subject to:
Town ofTiburon Policy for Signs on Town Property and Public Right-of Way
Exhibit "A " to Town Council Resolution XX-2009
Adopted --/--/2009
3
(1) The signs must be personally held by a person, or personally attended by one or
more persons.
(2) The signs may be displayed only during the time period of sunrise to 10 p.m.,
except on occasions when the Town Council, Pl.rnning Commission, or other
reviewing authority of the Town is holding a public hearing or meeting; on such
occasions, the display period is extended to thirty (30) minutes after such meeting
is officially adjourned.
(3) The maximum aggregate area of all signs held by a single person is six (6) square
feet, measured one side only. For purposes of this rule, apparel and other aspects
of personal appearance do not count towards the maximum aggregate sign area.
(4) The maximum area of anyone sign that is personally attended by two (2) or more
persons is forty (40) square feet, measured one side only.
(5) The sign must have no more than two display faces and may not be illuminated,
inflatable or air-activated.
(6) In order to serve the Town's interests in traffic flow and safety, persons
displaying signs pursuant to this Policy may not stand in any vehicular traffic lane
when a roadway is open for use by vehicles, and persons displaying signs on
public sidewalks must give at least five (5) feet width clearance for pedestrians to
pass by. Signs and persons holding signs may not block the free and clear vision
of drivers, bicyclists and pedestrians.
(7) So long as the foregoing rules are followed, no permit is required for display of
signs authorized by this Section.
c. Prohibited Sign Display
Other than as stated in subsection IV. B. above or subsections VII. B. or VIII below, no
private party signs rpay be mounted, erected, maintained, or displayed on Town Property.
Section V.
Official Signs
The following signs may be erected and displayed on Town Property, subject to the rules set
herein:
(a) Traffic control and traffic directional signs erected or authorized by the Town or
another governmental unit;
(b) Official notices required or authorized by law;
(c) Signs placed by the Town in furtherance of its governmental functions.
No permit is required for the signs authorized by this Section V.
Section VI. Blackie's Pasture Sign, Blackfield Drive Sign, and Main Street Banner
A. Intent as to Forum
In adopting this Section, the Town Council does not intend to open or designate a forum
for expression on controversial topics of public debate, but instead intends to allow
Town ofTiburon Policy for Signs on Town Property and Public Right-of Way
Exhibit itA " to Town Council Resolution XX-2009
Adopted --/--/2009
4
private parties to display messages on the Blackie's Pasture Sign, Blackfield Drive Sign,
and/or Main Street Banner to announce special events that are Tiburon Peninsula-based
in nature.
B. Authorized Parties
'l
The following parties may use the Blackie's Pasture Sign, Blackfield Drive Sign, and/or
Main Street Banner: (i) governmental agencies, including without limitation, the Town,
City of Belvedere, and the Belvedere- Tiburon Library Agency; (ii) Tiburon peninsula
accredited or licensed schools (pre- kindergarten through 12th grade, both public and
private, which offer instruction that satisfies in whole or in part the mandatory education
requirements of state law); (iii) merchants associations located on the Tiburon peninsula;
(iv) non-profit organizations located on the Tiburon Peninsula with tax exempt status
under Internal Revenue Code Section 501(c)(6); and (v) other non-profit organizations
located on the Tiburon peninsula with tax exempt status under Internal Revenue Code
Section 501(c)(3) organized to promote the health and welfare of the Tiburon peninsula
community.
C. Qualifying Events; Copy Rules
This Section authorizes private party use of the Blackie's Pasture Sign, the Blackfield
Drive Sign, and the Main Street Banner for special events that meet all of the following
criteria:
(i) The event's sponsor is an authorized party under subsection B of this section;
(ii) The event must be located on the Tiburon peninsula only;
(iii) If the sponsor is not a governmental agency, the public must be invited to the
event on the same basis as the members of the sponsoring organization.
(iv) The event must be suitable for all ages.
The copy on these signs may include only the name of the event (including the
sponsoring organization( s), time, and location of the event.
D. Permit Required
A Blackie's Pasture Sign, Blackfield Drive Sign, and Main Street Banner application
form shall be available at Town Hall, and such form shall address required submittals,
cost recovery fees, and signatures. Requested dates for use of the signs must be explicit.
Complete applications, including a rendering of the sign, must be received at least thirty
(30) days in advance of the requested date for initial posting. The Town will issue a
decision on the request no later than ten (10) business days after receipt of the
application. The Town will approve applications for qualified events as space allows on
a "first come- first serve" basis. In no event shall any sign be permitted to be posted for
more than fourteen (14) consecutive days. Only Town employees are authorized to
install and remove a sign, but are authorized to delegate that authority in their reasonable
discretion.
Town ofTiburon Policy for Signs on Town Property and Public Right-of Way
Exhibit "A" to Town Council Resolution XX-2009
Adopted --/--/2009
5
Both the Town Manager and the Director of Public Works, or their respective designees,
must sign a permit for a new (i.e., previously unapproved) sign. After the Town has
approved a sign, only the Director of Public Works or WS designee need sign subsequent
permits for the same event by the same sponsor, provided that the only substantive
differences from the previously approved sign are time and place related.
E. Safety Rules
Such Blackie's Pasture Sign, Blackfield Drive Sign, and Main Street Banner shall be
subject to safety rules regarding construction methods and materials, and mounting
methods, as established by the Building Official.
Section VII. Portable Signs on Town Property and Public Right-of-Way
A. A-Frame signs, H-Frame signs, I-Frame signs, and similar portable signs displayed by
parties other than the Town, are not allowed on Town Property or Public Right-of-Way
except as expressly permitted under Subsection B of this Section.
B. Portable signs are allowed between the hours of 12:30 p.m. and 5:00 p.m. on Sundays
and between the hours of 10:00 a.m. and 2:00 p.m. on Wednesdays, provided that they
meet the following criteria:
(1) No sign may be placed so as to obstruct pedestrians or vehicles or render any
sidewalk or other pedestrian pathway impassible to persons using wheelchairs or
walkers. For purposes of this Section, a sidewalk or pathway is presumed to be
impassible to persons using wheelchairs or walkers if the sign causes the sidewalk
or pathway to be less wide than required by applicable state and federal
accessibility laws.
(2) No sign may be placed so as to cause damage or create safety hazards.
(3) Any sign placed on Town Property or on Public Right-of-Way pursuant to this
section must comply with Section 16A-800( d) of the Sign Ordinance (Chapter
16A of the Tiburon Municipal Code); including as follows:
(a) Maximum of three (3) signs per parcel and no more than three (3) square
feet of sign area per sign.
(b) No illumination (other than ambient light) is permitted.
Section VIII. Neighborhood Signs
Neighborhood signs. Near any major street entrance to a neighborhood or housing
development, the developer or the homeowners' association may install a sign, subject to:
maximum height, five (5) feet; maximum length, six (6) feet; maximum area of display
face, twelve (12) square feet; illumination, not permitted; copy, permanent image only
with no changeable or changing images and no off-site commercial messages. An
encroachment permit is required following issuance of a sign permit by the Town.
Town ofTiburon Policy for Signs on Town Property and Public Right-of Way
Exhibit "A " to Town Council Resolution XX-2009
Adopted --/--/2009
6
Section IX. Encroachments
A. Encroachment Policy
'l
With the exception of those signs described in Section VI of this Policy, signs that are
mounted on private property but that project over the public right of way, or otherwise
extend into or over Town Property, are authorized subject to:
(1)
(2)
The sign must satisfy all requirements of the Sign Ordinance;
The sign may not project more than six (6) feet from a building face nor project to
a distance nearer than two (2) feet from the street curb;
The sign must be mounted so as to provide a ground clearance of at least eight (8)
vertical feet;
The message substitution policy of the Sign Ordinance (Section 16A-210 of
Municipal Code Chapter 16A) shall apply to signs authorized by this Section.
(3)
(4)
Section X.
Town Expression of its Own Messages
Nothing in this Policy limits in any way the Town's ability to use Town property for the
expression of its own messages.
Section XI. Cross-Reference from Sign Ordinance
The Town Council of the Town of Tiburon intends for this Resolution to satisfy the
references in the Sign Ordinance, namely Sections 16A.115 (b) and 16A.715, which state
that signs on the public right of way and signs on Town Property are regulated by
Resolution of the TQwn Council.
Section XII. Enforcement
Unless no permit is required pursuant to this Policy, any unauthorized, unapproved, non-
exempt sign on Town Property is subject to immediate removal and impoundment
without notice. Impounded signs will be held for thirty (30) days. The Town will make
reasonable attempts to contact the sign owner and provide the owner with ten (10) days'
notice to reclaim the sign upon payment of recovery of Town's costs. Impounded signs,
which remain unclaimed after thirty (30) days, may be disposed of in any manner
whatsoever at the discretion of the Town. The Town may use the procedure set forth in
Business and Professions Code Sections 5499.1 through 5499.16 as a guide.
\\townhaIl1Ishared\PlanningIRegulationsISign OrdinancelExhibit A to Sign Policy Resolution 1-16-09.doc
Town ofTiburon Policy for Signs on Town Property and Public Right-of Way
Exhibit "A " to Town Council Resolution XX-2009
Adopted --/--/2009
7
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
February 18, 2009
Agenda Item:
CC-i
ST AFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Approve Services Agreement for Preparation of an Environmental
Impact Report for the Belvedere- Tiburon Library Expansion Project
Reviewed By: ~.
BACKGROUND
The Town of Tiburon is currently processing applications for expansion of the Belvedere- Tiburon
Library. The Town has determined that an environmental impact report will be required and that
outside professional environmental review assistance is required. Staff distributed a Request for
Proposal to several firms, and received two proposals for the environmental work, as follows:
Christopher A. Joseph & Associates:
PMC:
$122,165
$145,505
Staff recommends that the,firm of Christopher A. Joseph & Associates be selected. The cost of
the services will be borne by the applicants.
RECOMMENDATION
Staff recommends that the Town Council approve the recommended selection and authorize the
Town Manager to negotiate and execute the agreement in an amount not to exceed $122,165.
Prepared By:
Scott Anderson, Director of Community Development ~
'l
Town Council Meeting
February 18, 2009
Agenda Item: (( - {'
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Department of Public Works
Subject:
Recommendation to Award the 2008-09 Tiburon Metal Beam
Guardrail Replacement Project to A-I Septic Construction Inc.
Reviewed By:
~
BACKGROUND
On January 7, 2009, the Council authorized staff to advertise and seek bids for the construction of
the 2008-09 Tiburon Metal Beam Guardrail Replacement project. The project was posted and
advertised as required by the State of California's Public Contract Code. In addition to the
required advertising notice, the Town sent notices inviting bids to construction trade publication
plan rooms, and bids were opened on February 4,2009.
The Town received seven bids:
. A-I Septic Construction in the total amount of$53,209.00 ($33,259 for Base Bid plus Bid
Alternate ),
. Wildcat Engineering in the total amount of$67,610.00 ($44,110 for Base Bid plus Bid
Alternate ),
. Pacific Undergrounding in total amount of $64,466.00 ($48,683 for Base Bid plus Bid
Alternate ).
. Maggiora and Ghilotti in total amount of $1 03,596.00 ($72,551 for Base Bid plus Bid
Alternate).
. W.R. Forde in total amount of $99,067.00 ($63,267 for Base Bid plus Bid Alternate).
. Pleasanton Engineering in total amount of$121,500.00 ($99,000 for Base Bid plus Bid
Alternate).
. W.K. McLellan in total amount of$136,099.41 ($124,865.40 for Base Bid plus Bid
Alternate).
The allocated budget for this project is $100,000. Staff proposes to complete the Base Bid plus
the Bid Alternate, which would be all of the following locations:
. Location 1 - 1600 Block of Mar West St. (above Tennis Courts)
. Location 2 - Centro West St from South to North Ending at Tower Pt. Lane
Town (~ouncil Jvleeting
. Location 3 - Diviso and Centro West St. Intersection
. Location 4 - Centro West St. Across from Reserva Lane
. Location 5 - 1800 Block of Mar West St Above Point Tiburon Condos
. Location 6 - Across From 260 Diviso St
. Location 7 - Beach Road and Mar West St 'l
The types of improvement include replacing damage guardrail, supporting posts, and installing
asphalt curbs.
Staffhas reviewed the bid proposals and found them to be consistent. The low bidder, A-I Septic
Construction, is a qualified contractor with a valid Contractor's License, and is responsive to the
contract specifications with reasonable references.
Construction management will be provided by Town staff. Based on allocated budgets for FY
2008-09, there are enough funds to complete the project.
If the project is approved by Council, the following general time line can be established:
. Contract documents could be executed by the middle of March.
. A preconstruction meeting could be scheduled by late March.
. Construction could start by early April.
. With 20 working days allocated for this project, all work could be completed by early
May, 2009.
RECOMMENDATION
Staff recommends that the Town Council:
Approve the award of a construction contract for the 2008-09 Tiburon Metal Beam
Guardrail Replacement project to A-I Septic Construction in the amount of $53,209.00,
plus 20 percent for contingency, or 10,642.00.
Exhibits:
Bid Summary Sheet
Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer
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TIBURON REDEVELOPMENT AGENCY
~~/ I
MINUTES
CALL TO ORDER
'l
Chair Slavitz called the meeting of the Tiburon Redevelopment Agency to order at 7:55
p.m., on Wednesday, November 19,2008, in Town Council Chambers, 1505 Tiburon
Boulevard, Tiburon, California.
ROLL CALL
PRESENT: BOARDMEMBERS:
Berger, Collins, Gram, Fredericks, Slavitz
EX OFFICIO:
Town Manager Curran, Town Attorney
Danforth, Director of Administrative
Services Bigall, Chief of Police Cronin,
Director of Public Works/Town Engineer
Nguyen, Director of Community
Development Anderson, Town Clerk Crane
Iacopi
ORAL COMMUNICATIONS
None.
ACTION ITEMS ,
1. Adopt Minutes of February 6, 2008 meeting - (Board Clerk Crane Iacopi)
MOTION:
Moved:
Vote:
To adopt Minutes of February 6,2008 meeting.
Berger, seconded by Fredericks
AYES: Unanimous
ANNUAL MEETING
1. Annual Audit Report - Accept Annual Audit Report for Fiscal Year ending June
30, 2008 (Director of Administrative Services Bigall)
The Board waived the staff report.
MOTION:
To accept the Audited Annual Financial Report for the Tiburon
Redevelopment Agency for the fiscal year ended June 30, 2008.
Gram, seconded by Fredericks
AYES: Unanimous
Moved:
Vote:
Redevelopment Agency Minutes #02-2008 November J 9, 2008
Page J
ADJOURNMENT
There being no further business of the Tiburon Redevelopment Agency, Chair Slavitz
adjourned the Redevelopment Agency meeting at 8:00 p.m., to a closed session meeting
of the Tiburon Town Council. 'l
JEFF SLA VITZ, CHAIR
ATTEST:
DIANE CRANE IACOPI, BOARD CLERK
Redevelopment Agency Minutes #02-2008 November 19, 2008
Page 2
TIBURON REDEVELOPMENT
AGENCY
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
February 18, 2009
Agenda Item:
RfJA-l
-t
STAFF REPORT
To:
Chair and Members of the Board
From:
Administrative Services Department
Subject:
Recommendation to Approve a Loan to Marin Housing Authority
for Below Market Rate Unit at Point Tiburon Marsh
Reviewed By:
dJW------
BACKGROUND
The Town has contracted with the Marin County Housing Authority ("Housing Authority") to
administer the Below Market Rate ("BMR") program for ownership units. Pursuant to that
contract, the Housing Authority locates qualified buyers for units as they become available for
purchase. Each purchaser must sign two documents that ensure that the unit stays in the BMR
program: (1) A Resale and Financing Restriction and Option to Purchase ("Resale Restriction");
and (2) A Deed of Trust that allows the Housing Authority to foreclose on the unit if the buyer
breaches the first document. The has the right of first refusal; should the Town not desire to
exercise the option to purchase, the Town then may convey the option to the Housing Authority.
The majority ofBMR unit re-sales occur between a willing seller and another low or moderate
income family that has been qualified by the Housing Authority, in which case no public agency
funds are required to close the transaction. But occasionally, the Housing Authority must
exercise the option because of the owner's failure to pay the mortgage, property taxes or HOA
dues, or because of a breach of the Resale Restriction. In these cases, the Housing Authority
must exercise its option to purchase the unit to maintain the unit in the BMR program. This is
presently the case with one of the Marsh Road one-bedroom units. Town staff does not
recommend that the Town exercise its first right of refusal, as we have had difficulty renting one-
bedrooms in the past. Instead, staff recommends that the Agency loan the Housing Authority the
funds necessary to exercise the option. The unit will ultimately be resold to another qualified
buyer and the funds returned to the Town.
The Housing Authority estimates that it will take between six to eight months to complete the
exercise option. Barring complications, the resale price can be set at an amount that will enable
the Town to recoup all of its cost including legal fees.
".1"'0\\'.11 C":ouncil \'lccting
January .l, 2t!(~7
FINANCIAL IMPACT
The loan amount shall not exceed $150,000 and would be charged to the Affordable Housing
fund. The eventual resale price will include any lost interest ~ncome calculated at the current
Local Agency Investment Fund rate. Therefore there is no fiscal impact to approving this loan.
RECOMMENDATION
Staff recommends that the Town Council:
Affirm its desire to provide a loan to the Marin County Housing Authority from the
Tiburon Redevelopment Agency's affordable housing fund for the purchase of a below
market rate housing unit in an amount not to exceed $150,000 and authorize the Town
Manager to execute any documents required to provide this loan.
Prepared By:
Heidi Bigall, Director of Administrative Services
R(!:\