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HomeMy WebLinkAboutTC Agd Pkt 2010-01-06 (2)TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting January 6, 2010 Agenda Item: A-r- I Recommendation for Town Council to Make Annual Appointments to Regional and Town Boards and Committees Jfi~ 977- Members of the Town Council serve on a variety of local and regional boards, committees and joint powers authorities. They also serve on ad hoc Town committees that are created to allow Councilmembers to work with staff in specific areas such as the budget, the Martha property, Lyford parking improvements, and so forth. Each January the Town Council reviews all appointments and makes new appointments as it see fit for the upcoming year. At the urging of Councilmember Fredericks and in consultation with Mayor Collins, staff prepared a matrix of boards and committees to enable Council to easily review current appointments and vacancies. The regional agency positions to which the Town Council makes appointments have not changed, however, several ad hoc committees from the 2009 listing have been dropped since they did not meet and do not appear necessary. The proposed list of Town Council ad hoc committees for 2010 can be found in the matrix and includes: Budget and Administration Litigation Paradise Drive (Agreement with County) Martha Property Applications Legislative Action Corporation Yard Redevelopment Lyford Drive Parking Recreation Master Plan Downtown Issues Smoking Ordinance ,.r.. i Of course, the Town Council may add or eliminate Town committees as it feels appropriate. It is also possible to take these actions throughout the year as issues arise or are resolved. RECOMMENDATION Staff recommends that the Council: Review the attached materials and make appointments to Regional Boards and Town Committees for 2010. Exhibits: 1. Matrix of Council Appointments for 2010 2. Tiburon Town Councilmember Committee Appointments for 2009 Prepared By: Peggy Curran, Town Manager EXHIBIT 1 O O N C powo ~O V O o ~0• ~ a ~ ~ a 8 ° A W ~ a~ WD h ~ d ~ w N ~ O C8 C~l3 e~ V A N N WJ bA N N ~ O ~ Ono • ~ 1 O to . U O O C U O O cn o Q A ~ ~ U o° W a o -o 0 A Z~ 4-4 0 ~ ~ Aa+ ~ U ~ ~ ~3 eno b 0 o ° o 'L~ ~4 4-1 cu M ~C7 o UU Fn ~ ~ o ~a1 ~ w ~ ~ bQ ~ b O Q 0 ~r C~ W ~ Q GOD U Q ~ C M N W N bA E N aQ . N N N N N ~k QQ QQ QQ 4--o v O 112, Z v O .O O O 0 1-4 , 0 a o N a~ ~C bA 04 u U off SOU GQA GA 4 a m bA 0 04 N a: ^ ~ Q A O A 6 Q L ^ C4 U N N N N N N to N ap t N RD 44 E~ V o oA a a~ E~ UO U r '0 v H a~ a a v w V V o w ac w o a y v o o U CU W 0 a~ U a~ . a~ a) o a~ o 'o V o U p~ a as A ~ ~ a c~ ~ ~ O ~ ~ ~ ~ M EXHIBIT 2 TIBURON TOWN COUNCILMEMBER COMMITTEE APPOINTMENTS 2009 1. STATE & REGIONAL AGENCIES 1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October) Dick Collins, Delegate Tom Gram, Alternate 2. MARIN ENERGY AUTHORITY BOARD OF DIRECTORS (Meets I" Thursday from 7-9 p.m. at 1 McGinnis Parkway, San Rafael) Dick Collins, Delegate Jeff Slavitz, Alternate 3. PRIORITY-SETTING COMMITTEE FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS (CDBG) (Meets twice a year in Marin City and at Civic Center) Dick Collins, Delegate Tom Gram, Alternate 4. LEAGUE OF CALIFORNIA CITIES (Meets quarterly and at the Annual Conference in September; other events as published) • Director, representing North Bay Division (elected July 2008) • Transportation, Communication & Public Works State Policy Committee - (2-year appointment by League President) Alice Fredericks 5. INSTITUTE FOR LOCAL GOVERNMENT (ILG) BOARD OF DIRECTORS* (Research affiliate of California State Association of Counties & League of California Cities) (Meets quarterly; meetings rotate between Northern & Southern California) Director (appointed by League of CA Cities Board of Directors) Alice Fredericks 6. MARIN CLIMATE ENERGY PARTNERSHIP (ICLEI) Local Governments for Sustainability (Meets I" Thursday, San Rafael City Hall) Miles Berger, Delegate (ICLEI) Laurie Tyler, Staff Liaison & voting board member (Mann Climate Energy Partnership) 7. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS (Meetings scheduled as needed) Police Chief Michael Cronin Jeff Slavitz, Alternate Adopted January 7, 2009; updated February 17, 2009 May 6, 2009 * * (November 2009) Page I of 4 8. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS (Meets 2nd Wednesday from 7-9 p.m., San Rafael City Hall) Dick Collins, Delegate Jeff Slavitz, Alternate 9. REGIONAL AIRPORT PLANNING COMMITTEE (ABAG, MTC, BCDC) (Meetings scheduled as needed) Alice Fredericks, at large appointee by MTC (representing Marin County) 10. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS (Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Dick Collins, Delegate Jeff Slavitz, Alternate 11. TRANSPORTATION AUTHORITY OF MARIN BOARD OF DIRECTORS (Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center) [Four year terms, effective May 1, 2008] Alice Fredericks, Delegate (Ms. Fredericks was also serves as the cities' Southern Marin Representative to the Executive Committee, as well as TAM's representative to MCCMC) Dick Collins, Alternate 12. CITIZEN'S ADVISORY COMMITTEE OF THE WATER EMERGENCY TRANSIT AUTHORITY (Meetings scheduled as needed) Miles Berger, Delegate Alice Fredericks, Alternate II. LOCAL AGENCIES/COMMITTEES 1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL (Meets bi-monthly on 2nd Tuesday from 4:00 - 5:30 p.m. in the Town Council Chambers) Alice Fredericks, Town Council Representative 2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (Meets bi-monthly on 3rd Monday in the Town Hall Community Room) Tom Gram, Town Council Liaison III. TOWN AD HOC COMMITTEES (Meetings scheduled as needed) 1 FINANCE & ADMINISTRATION i. Tom Gram ii. Jeff Slavitz Adopted January 7, 2009; updated February 17, 2009 May 6, 2009 * * (November 2009) Page 2 of 4 2 POLICE i. Alice Fredericks ii. Jeff Slavtiz 3 PUBLIC WORKS i. Alice Fredericks ii. Miles Berger 4 LANDS & DEVELOPMENT i. Tom Gram ii. Dick Collins 5 LEGAL i. Tom Gram ii. Dick Collins 6 PARADISE DRIVE LIAISON i. Alice Fredericks ii. Jeff Slavitz 7 MARTHA PROPERTY APPLICATIONS i. Tom Gram ii. Alice Fredericks 8 LEGISLATIVE ACTION (Mayor/MCCMC Representative) i. Alice Fredericks ii. Jeff Slavitz 9 CORPORATION YARD REDEVELOPMENT i. Tom Gram ii. Dick Collins 10 LYFORD DRIVE PARKING i. Dick Collins ii. Miles Berger 11 RECREATION MASTER PLAN i. Alice Fredericks ii. Jeff Slavitz Adopted January 7, 2009; updated February 17,2009*; May 6, 2009** (November 2009) Page 3 of 4 V. MCCMC APPOINTMENTS • Elected by MCCMC 1. President-elect (MCCMC meets 4rh Wednesday of the month, except July, August & December) Jeff Slavitz 2. Local Agency Formation Commission (LAFCO) (Meets second Thursday at 7: 00 p.m., San Rafael Council Chambers) Jeff Slavitz • Town Appointments to MCCMC Committees 1. Legislative Committee (Meets 2nd Monday at 8: 00 a. m., San Rafael City Hall) Alice Fredericks (also serves as Chair) Dick Collins, alternate 2. JPA Oversight Committee (Meetings scheduled as needed) Jeff Slavitz Dick Collins, alternate 3. Marin Green BERST** (Green Building Energy Retrofit and Solar Transformation Collaborative) (Meetings scheduled as needed) John Kunzweiler (Planning Commissioner) Miles Berger, alternate VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST MarinMaD Steering Committee- (Meetings scheduled as needed) Nicholas Nguyen Chad Monterichard, Alternate Marin County Hazardous & Solid Waste JPA (Meets quarterly) Town Manager Peggy Curran MERA (Meets quarterly) Chief of Police Michael Cronin Adopted January 7,2009; updated February 17, 2009*; May 6, 2009** (November 2009) Page 4 of 4 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting January 6, 2010 Agenda Item: AT' Subject: Request of the Tiburon Peninsula Chamber of Commerce to Locate a Temporary Ritter Center "Art House" on Public Property Reviewed By: BACKGROUND and DISCUSSION The Town recently received a request from the Chamber of Commerce that it be allowed to place a privately sponsored and uniquely decorated "Art House" on public property on a temporary basis. "Art Houses of Marin" is a county-wide fundraiser by the Ritter Center, a community-based nonprofit located in San Rafael that has assisted Marin's low-income and homeless population for over 28 years. The Center helps the homeless and very low-income residents of Marin stabilize their lives by offering a number of social services, and serves as a critical safety net for Marin's low-income, homeless, and other at-risk populations. For Art Houses of Marin, local artists will be selected to design and decorate twenty-four (24) scale model "art houses", each approximately 4'x4'x4', for temporary display in prominent locations throughout the County. Following a period of public display (approximately seven weeks), the individual art works will be auctioned with the proceeds going to the Ritter Center. The Chamber believes that participation in Art Houses of Marin will bring visitors to the downtown while at the same time support a worthy cause. Chamber member Larry Hadley has agreed to sponsor the Art House at a cost of $5,000. Each house bears a plaque identifying its sponsor. Both Larry Hadley, proposed sponsor of the Art House, and Diane Linn, Director of the Ritter Center, will be present at the Town Council meeting to speak to this issue or answer questions the Town Council may have as it considers the request. Benefits The presence of an Art House in downtown Tiburon has several benefits and some possible drawbacks as well. This fundraising model has been used successfully in other communities. Locations of Art Houses will be mapped, and people encouraged to visit all the houses to see how TOWN OF TIBURON PAGE 1 OF 3 6,2010 each artist has handled the decorating challenge. The house is likely to beckon visitors to the downtown who might not otherwise have come to Tiburon, especially in the off-season months of March and April when the house would be standing. The Town could expect to directly benefit from these visitors in the form of increased sales tax revenue. Further, the display would signal Tiburon's participation in a county-wide fundraiser for an important regional cause. San Rafael, Fairfax, Ross and San Anselmo are participating by locating houses on public property; Sausalito, Novato and Mill Valley are all considering doing so. Larkspur will have two houses, but those will be on private property. Drawbacks A concern is that allowing the Art House on the Fountain Plaza may create a precedent for non- profit organizations, of which Tiburon has a great many, signaling that public property in the downtown is both available and appropriate to use for organizational fundraising efforts. However, this may be limited as a precedent-setting gesture in that this is a request of the Chamber of Commerce, a Town-funded entity, with the underlying goal of stimulating visitorship to the downtown and increasing public revenue, as well as assisting the region's homeless population. No Tiburon non-profit, including the Chamber, would realize any funds from this endeavor. It is unlikely another local non-profit organization would have a project which fits that paradigm. To avoid any interpretation that the Town is creating a public forum for art, the Town should act as a co-sponsor of the project. Another possible drawback is inherent in the nature of public art itself. Even when temporary, public art often generates controversy; indeed, it is sometimes calculated to do just that. While the rules of the Art House program would appear to eliminate inappropriate art treatments, there remains the possibility that people will feel the Art House detracts from, rather than enhances, the downtown aesthetically. Encroachment Permit The City of San Rafael has agreed to locate five Art Houses on public property and developed a license agreement for this purpose. If the Town Council grants the Chamber permission to install an art house, staff recommends a different approach. Instead of contracting directly with the artist, the Town will grant an encroachment permit to the Chamber allowing temporary installation of an Art House. The Town would act as a co-sponsor of the display by waiving the usual fees, but would place responsibility on the Chamber for installation and maintenance. FINANCIAL IMPACT The Ritter Center insures and indemnifies those participating in this program, and repairs any vandalism, should it occur, at its own expense. There is no cost to the Town in allowing the Art House to be erected on public property. RECOMMENDATION Staff recommends that the Town Council: 1. Consider and determine whether placement of an Art House of Marin is an appropriate use of public property in downtown Tiburon; 2. If so, move to direct staff to work with the Chamber of Commerce and the Ritter Center to locate an Art House on the Fountain Plaza and authorize the Town Manager to enter into any agreements necessary to facilitate the project and indemnify the Town during this temporary installation. Prepared By: Peggy Curran, Town Manager l:",; TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed by: BACKGROUND Mayor & Members of the Town Council Community Development Department Town Council Meeting January 6, 2010 Agenda Item: I~l ~ l Miscellaneous Amendments to Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code; (Ordinance, First Reading) In February 2009, the Town Council adopted the most recent standardized construction codes accepted by the State of California. The Town has identified certain sections of the adopted codes where amendments would be desirable, and has initiated the municipal code amendment process. DESCRIPTION OF PROPOSED AMENDMENTS Swimming Pool Safety Amendments These proposed amendments would re-establish the Town's long-standing swimming pool barrier requirement that was modified in the 2007 California Building Code when it was adopted by the state. This requirement consists of erecting a barrier at least 48 inches in height above grade to create a passive prevention method around swimming pools. Other Building Code Amendments In addition to the above, the Building Official is recommending the following minor amendments: 1. Eliminating a provision in the state code that exempts certain types of buildings awnings from a building permit, and 2. Correcting a formatting error in the Municipal Code codification of the building code amendments that could lead to confusion. The draft Ordinance containing all of the proposed amendments is attached as Exhibit 1. 11:1:..[° ANALYSIS OF PROPOSED AMENDMENTS Swimming Pool Safety Requirements For decades, the Town has required that swimming pools meet certain safety requirements primarily intended to prevent accidental drowning incidents involving young children. These safety measures consist of requiring a physical barrier (typically fencing) around the pool, and if the house forms a part of the barrier, alarms are required on doors leading to the pool area. The current state code has relaxed earlier requirements and establishes an exception that allows a pool cover in lieu of a physical barrier around the pool. The Building Official considers the Town's historically-imposed swimming pool safety requirements extremely important preventive measures that should be continued; drowning remains a leading cause of death among children under the age of six. Other Building Code Amendments The 2007 California Building Code adopted by the Town in February 2009 contains certain exemptions from the building permit requirement (i.e., instances where no building permit is required to erect certain types of structures). The Town historically deletes certain of these exemptions, but through an oversight did not delete one exemption related to building awnings. For public safety reasons, the Building Official believes this awning exemption should be deleted. The Building Regulations ordinance adopted by the Town Council in February 2009 also contained a formatting error that could lead to confusion, although no such problem has been reported to date. Correction of the formatting error is such that a re-adoption of all of Section 13- 1.1 is the most logical method to proceed. While this adds to the length of this ordinance, it does not change the ordinance content except to correct the formatting error. ENVIRONMENTAL STATUS This project is ministerially exempt from the requirements of CEQA and is also exempt under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines. STAFF RECOMMENDATION Following a public hearing, staff recommends that the Town Council: 1. Hold a public hearing and consider any correspondence and testimony. 2. Consider adoption of the draft ordinance. The procedure for adoption would be to move to read by title only, waiving any additional reading, and introduce the ordinance amending Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code. Pass the reading by roll call vote. If first reading is passed, the item will return for final adoption on a future consent calendar. 1. { t _..f.~ l 2, p.r 11 Me ~L ~ '4' EXHIBITS 1. Draft Ordinance amending Title IV, Chapter 13 of the Tiburon Municipal Code Prepared by: Scott Anderson, Director of Community Development S: IAdministrationITown CouncillStaff Reports 12010Uan 6 DRAFTSIbuilding code amendment report.doc ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING VARIOUS PROVISIONS OF TITLE IV, CHAPTER 13 (BUILDING REGULATIONS) OF THE TIBURON MUNICIPAL CODE The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. On February 6, 2008, the Town Council adopted updated building, fire and other construction-related codes, including but not limited to uniform codes relating to fire, plumbing, electrical, housing, mechanical, dangerous building, and administration. B. The Town Council now finds that certain amendments to these codes as adopted are necessary and desirable to promote the public health, safety and general welfare. C. The Town Council has held a public hearing on January 6, 2010 and has heard and considered any and all public testimony on this matter. D. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. E. The Town Council finds that the adoption of this ordinance is ministerially exempt from the requirements of CEQA and is also exempt under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines. F. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan. G. The Town Council finds that all findings set forth or adopted by reference in Town Council Ordinance No. 501 N. S., said findings made pursuant to applicable California Health & Safety Code Sections, including without limitation Sections 17922, 17958.5, 17958.7, and 18941.5, remain applicable to these amendments and are hereby adopted by reference and fully incorporated herein. EXHIBIT NO. I Town of Tiburon Ordinance No. N.S. Effective 442010 Page Section 2. Amendment. A. Tiburon Municipal Code Title IV, Chapter 13, Section 13-4.1.1 is amended in its entirety to read as follows: 13-4.1.1 Amendments made to the 2007 California Building Code. The California Building Code is amended or modified to read as follows: (a) Section 108.5.1 is amended to read as follows: 108.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the building official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged) (b) Section 108.8.1 is amended by adding a sentence to the end that reads as follows: Nothing contained in this section shall prevent the town council from appointing the town council as the local appeals board or housing appeals board. (c) Section 202 is amended to add the following definition: Residential Kitchen. An area in which the preparation of food for eating occurs (that has provisions for cooking or heating of food, or washing and storing of dishware and utensils, or refrigeration or storing of food). (d) Section 501.2 is amended to read as follows: 501.2 Address Numbers. 1. The following standards for address markings shall apply to residential buildings: a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one-half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building. Town of Tiburon Ordinance No. N.S. Effective 4-42010 Page b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex. C. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. d. Maps of the multiple family complex will be furnished to the police and fire departments upon completion of construction. The maps shall include building identification and unit identification. e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section. 2. The following standards for address markings shall apply to commercial buildings: a. The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street. b. The numerals in these numbers shall be no less than six inches in height, one-half inch in width, and of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building. C. When required by the building official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number height and width shall comply with Section 501.2. (e) Section 903.2, first sentence, is amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable California Fire Code provisions, as adopted by the Tiburon Fire Protection District or the Southern Marin Fire Protection District, are more restrictive, the latter shall control. Town of Tiburon Ordinance No. N.S. Effective 4-42010 Page (f) Section 10 13.1 is amended by adding the following sentence: Guards are also required at waterfront bulkheads, fixed piers and gangways. (g) Section 1505 is amended to read as follows: The roof covering on any structure regulated by this code shall be as specified in California Building Code Chapter 15 with the following conditions: 1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering. 2. Where alterations or repairs to existing roofs involve more than fifty percent of the total area of an existing building within a one year time period, the entire roof shall be retrofitted with at least a Class A-listed or noncombustible roof. 3. Where applicable code provisions adopted by either the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the latter shall control. (h) Section 3109.4 is amended to read as follows: 3109.4 Residential Swimming pools. Residential swimming pools shall comply with Section 3109.4.1 through 3109.4.3. Exception: Spas with a safety cover complying with ASTM F 1346. (i) Section 3109.4.1.8 (2) is deleted. 0) Appendix Chapter 1 (Administration) is amended as follows: (1) Section 101.2 is amended by deleting the Exception, and adding the following sentence to read as follows: This appendix chapter shall apply to all occupancies regulated by this code, and shall be in addition to those requirements specific to state regulated occupancies contained in Chapter 1 of this Code. (2) Section 103 is deleted. (3) Section 104.6 is amended to add the following phrase to the end of the last sentence: including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." Town of Tiburon Ordinance No. N.S. Effective 4-42010 Page 4 (4) Section 105.2 is amended to delete subsections 2, 4, 5, 6 and 12, and to revise subsections 1 and 7 to read as follows: 1. One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, providing the floor area does not exceed 120 square feet and the structure contains no plumbing, electrical or heating appliances. 7. Painting, papering, tiling, carpeting, counter tops and similar finish work, except that repaving and/or re-striping of parking lots shall require a permit. (5) Section 105.5 is amended to read as follows: Section 105.5 Expiration. All permits issued by the Building Official prior to April 15, 1994, and which have not expired by limitation shall remain subject to the provisions of Section 303(d) of the Uniform Building Code (1991 edition) as drafted by the International Conference of Building Officials. For purposes of such permits, failure to exercise due diligence and make substantial progress on the work authorized shall be deemed suspension or abandonment of the permit. 2. All permits issued by the Building Official on or after April 15, 1994, but prior to February 15, 2002, shall expire by limitation and become null and void eighteen months from the date the permit is issued. The Building Official shall have the discretionary authority to extend the permit in the following circumstances: a. Where the project is unusually large or complex additional time may be granted at the time of application, or b. Where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six months may be granted. In determining whether due diligence has been exercised, the Building Official shall consider how soon work began after issuance of the permit, whether work was conducted on a regular basis and any other relevant facts. Decisions of the Building Official made pursuant to this section may be appealed to the local appeals board. C. Once a permit has expired pursuant to this section, the work shall not recommence until a new permit is issued. The new permit shall be issued only if there have been no changes in the original plans and specifications and a new fee equal to the full original fee is paid. Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page 3. All permits issued by the Building Official on or after February 15, 2002, shall expire by limitation and become null and void eighteen months from the date the permit is issued, except as follows: a. Where the project is unusually large or complex, a twenty-four month permit may be issued in the reasonable discretion of the Building Official at the time of initial application; or b. Where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six months may be granted, without payment of additional fees or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis and any other relevant facts. Decisions of the Building Official made pursuant to this paragraph may be appealed to the local appeals board. 4. Once the initial permit and/or approved six month extension has expired, a Stop Work Order shall be issued and work shall not recommence until the permit is reactivated. Reactivation shall be allowed only if there have been no changes in the original plans and specifications and a Reactivation Charge equal to the full original fee is paid. A Reactivation Charge, for purposes of this section, is both a fee to recover the cost of providing additional building inspection division services and a penalty for failure to complete the project within the allotted time. A permit reactivated under this subsection shall be valid for six months from the date of initial expiration. 5. If the project is not completed within the six month extension allowed under subsection (4) above, a Stop Work Order shall be issued on the date of expiration and work shall not recommence until the permit is reactivated. Reactivation of the permit for a second six month period shall be allowed only if there have been no changes in the original plans and specifications and a Reactivation Charge equal to three times the full original fee is paid. The Building Official may, in his sole discretion, reduce the penalty based on such reasons as the project's nearness to completion and/or the cause of the delay. A permit reactivated under this subsection shall be valid for an additional six months from the date of initial expiration. Town of Tiburon Ordinance No. N.S. Effective 4420 10 Page 6 6. If the project is not completed within the six month extension allowed under subsection (5) above, a Stop Work Order shall be issued and the matter referred to the local appeals board for resolution. The local appeals board may reactivate the permit upon submission and acceptance of a completion schedule for the project and payment of five times the full original fee as a Reactivation Charge, and provided that there have been no changes in the original plans and specifications. The local appeals board may, in its sole discretion, reduce the penalty based on such reasons as the project's nearness to completion and/or the cause of the delay. 7. If the project is not completed within the six month extension allowed under subsection (6) above, or pursuant to this subsection (7), a Stop Work Order shall be issued and the matter referred to the local appeals board for resolution. The local appeals board may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The local appeals board may reactivate the permit upon imposition of any such conditions deemed reasonable, and payment of five times the full original fee as a Reactivation Charge, provided that there have been no changes in the original plans and specifications (6) Section 108.2 is amended to read as follows: 108.2 Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be required as set forth in the Building Division Fee Schedule as adopted by resolution of the Tiburon Town Council and amended from time to time. (7) Section 108.4 is amended to read as follows: 108.4 Work commencing before permit issuance. Any person who commences any work without a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty as set forth in the Town's Schedule of Fines, established by resolution of the Tiburon Town Council and amended from time to time. (8) Section 112.3 is amended by adding thereto the following sentence: Nothing contained in this section shall prevent the town council from appointing the town council as the board of appeals. Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page 7 (k) Appendix J "GRADING" is amended as follows: J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division Fee Schedule established by resolution of the Tiburon Town Council as amended from time to time. J1 10.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or corporation who has a valid building, demolition or grading permit shall permit any mud, loose dirt or debris to be removed from the job site and deposited on any public street or sidewalk. 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 any one 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 read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 20105 by the following vote: AYES NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS : COUNCILMEMBERS: Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: (AdministrationITown Council)StaffReports1201OUan 6 DRAFTSIbuilding code amendments ordinance.doc Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page To: From: Mayor & Members of the Town Council Community Development Department Town Council Meeting January 6, 2010 Agenda Item: ) Subject: Repeal of Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code, and Adoption of a new Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code; (Ordinance, First Reading) Reviewed by: BACKGROUND The Town has regulated leaf blowers since 1995, when restrictions on the days and hours of operation of gas-powered leaf blowers were imposed for residential areas. At that time, the use of gas-powered leaf blowers in residential areas was limited to Monday through Friday, 8 a.m. to 4 p.m., and was prohibited on holidays. The leaf blower regulations were substantially amended in 2002 to ban the use of gas-powered leaf blowers in residential areas and impose restrictions on the hours and days of leaf blower use in non-residential areas, limiting the hours to 9 a.m. to 4 p.m. Monday through Friday and prohibiting it on holidays. The amended regulations also initiated the regulation of hedge trimmers (both gas and electric) and electrically-powered leaf blowers, with varying restrictions for gas and electric devices depending on residential versus non-residential location. In recent months, Town staff has received complaints regarding vacuum-type devices that gather, rather than blow around, leaves and other debris. These mechanical devices can be quite noisy, and accomplish results similar to leaf blowers, yet are not within the definition of "leaf blower" currently in place. The Police Department has therefore been unable to enforce the Leaf Blower ordinance restrictions on such devices. When reviewing the current ordinance to implement this change, Town staff has also tried to improve the consistency and clarity of the regulations and make them easier to use and enforce. DESCRIPTION OF PROPOSED AMENDMENTS A summary of changes is as follows: • Reformatting and rewording to provide more consistency and better readability. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 • The definition of "leaf blower" is modified to include "leaf vacuums" and similar noise-producing devices that gather, rather than blow, leaves. • Holidays when use is of leaf blowers and hedge trimmers are prohibited are specifically listed rather than generally referenced. • Limitations on the use of gas-powered and electrically-powered hedge trimmers in non-residential areas are imposed for the first time. The hours would be limited to 9 a.m. to 4 p. in., Monday through Friday and use on week-ends and on holidays would be prohibited. • Various definitions are added or clarified, including "Electrically-powered hedge trimmer", "Electrically-powered leaf blower", and "Non-residential area". For ease of comparison, Town staff has prepared a table (Exhibit 1) showing the current Town regulations regarding leaf blowers and hedge trimmers and the proposed regulations, both for residential and non-residential areas. The draft ordinance is attached as Exhibit 21 and the current leaf blower and hedge trimmer regulations are attached as Exhibit 3. ANALYSIS OF PROPOSED AMENDMENTS Staff believes that the amended regulations will have limited impact on landscape maintenance operations. The main purpose of the amendments is to make "leaf vacuums" and similar devices subject to the same hour and day restrictions on use as leaf blowers. A secondary effect of the amendments is increased regulation of hedge trimmers in non-residential areas. However, since non-residential areas are typically served by commercial landscaping firms, and hedge trimmers are typically used in conjunction with leaf blowers by these firms, staff believes that the impacts on property maintenance in non-residential areas will be quite limited. Staff has identified one additional issue that the Council may wish to address. Currently in residential areas, there are no restrictions on use of electrically-powered leaf blowers or electrically-powered hedge trimmers on holidays. Such devices are prohibited for use in non- residential areas on holidays. The amendments do not propose to change the status quo, but if the Town Council concludes that holidays should be free from all leaf blower and hedge trimmer noise, the additional amendments are simple to make in the draft ordinance. ENVIRONMENTAL STATUS This project is ministerially exempt from the requirements of CEQA and is also exempt under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines. STAFF RECOMMENDATION Following a public hearing, staff recommends that the Town Council: 1. Hold a public hearing and consider any correspondence and testimony. Jai~u,lr~ C), -)OIO 2. Consider adoption of the draft ordinance, with or without revisions. The procedure for adoption would be to move to read by title only, waiving any additional reading, and introduce the ordinance amending Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code. Pass the reading by roll call vote. If first reading is passed, the item will return for final adoption on a future consent calendar. EXHIBITS 1. Table comparing restrictions of the existing and proposed regulations. 2. Draft Ordinance repealing and adopting a new Title VI, Chapter 30 of the Tiburon Municipal Code. 3. Current Leaf Blower and Hedge Trimmer regulations. Prepared by: Scott Anderson, Director of Community Development S. IAdministrationlTown CouncibStaff Reports 12010 Van 6 DRAFTSIleaf blower code amendment report.doc TOWN OF TIBURON LEAF BLOWER AND HEDGE TRIMMER USE CHART COMPARISON OF PROPOSED AND EXISTING REGULATIONS PROPOSED REGULATIONS Type of Device In a Residential Area In a Non-residential Area Gas-Powered Leaf Blowers Use prohibited at all times Use allowed only between 9 a.m. and 4 p.m. Monday through Friday; use prohibited on Holidays* Electrically-Powered Leaf Blowers Use allowed only between 9 Use allowed only between a.m. and 4 p.m. on any day 9 a.m. and 4 p.m. Monday through Friday; use pro ibited on Holidays* Gas-Powered Hedge Trimmers Use prohibited at all times Use allowed only between 9 a.m. and 4 p.m. Monday through Friday; use prohibited on Holidays* Electrically-Powered Hedge Trimmers Use allowed only between 9 Use allowed only between a.m. and 4 p.m. on any day 9 a.m. and 4 p.m. Monday through Friday; use prohibited on Holidays* * Holidays are listed as New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. EXISTING REGULATIONS Type of Device In a Residential Area In a Non-residential Area Gas-Powered Leaf Blowers Use prohibited at all times Use allowed only between 9 a.m. and 4 p.m. Monday through Friday; use prohibited on Holidays* Electrically-Powered Leaf Blowers Use allowed only between 9 Use allowed only between a.m. and 4 p.m. on any day 9 a.m. and 4 p.m. Monday through Friday; use prohibited on Holidays* Gas-Powered Hedge Trimmers Use prohibited at all times No restrictions on use Electrically-Powered Hedge Trimmers Use allowed only between 9 No restrictions on use a.m. and 4 p.m. on any day * Holidays are not specifically named or listed in the existing regulations S: Wministrationl Town CouncibStaff Reports12010Uan 6 DRAF7Yleaf blower use comparison chart.doc EXTIIBIT NO. ORDINANCE NO. N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING TITLE VI, CHAPTER 30 (LEAF BLOWERS AND HEDGE TRIMMERS) OF THE TIBURON MUNICIPAL CODE AND ADOPTING A NEW TITLE VI, CHAPTER 30 (LEAF BLOWERS AND HEDGE TRIMMERS) The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. FINDINGS. A. The Town of Tiburon adopted restrictions on the operation of leaf blowers and hedge trimmers in 1995 and now finds that amendments to these restrictions are appropriate and are of such extent that repeal and re-adoption of amended regulations is warranted. B. On January 2010, the Town Council held a duly noticed public hearing, and has heard and considered public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that this project is categorically exempt from the requirements of the California Environmental Quality Act under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines and is also exempt pursuant to Section 15305 (Minor Alterations to Land Use Limitations) of the CEQA Guidelines. SECTION 2. REPEAL OF TITLE VI, CHAPTER 30 (LEAF BLOWERS AND HEDGE TRIMMERS). Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code is hereby repealed. SECTION 3. ADOPTION OF TITLE VI, CHAPTER 30 (LEAF BLOWERS AND HEDGE TRIMMERS). Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code is hereby adopted as follows: Town of Tiburon Ordinance No. N. S. Effective --1--12010 EXHIBIT NO. 1 Title VI, Chapter 30: LEAF BLOWERS AND HEDGE TRIMMERS Sections: 30-1 Title. 30-2 Purpose and intent. 30-3 Definitions. 30-4 Use Restricted. 30-5 Enforcement and violations. 30-1 Title. This chapter shall be known as the "Town of Tiburon Leaf Blower and Hedge Trimmer Ordinance" and may be so cited. 30-2 Purpose and intent. (a) The purpose of this chapter is to regulate the use of leaf blowers and non-manually powered hedge trimmers-within the town, so as to prevent the unreasonable and continuous disruption of the community due to associated mechanical noise and the propensity of the devices to broadcast dust and other airborne pollutants into the air and onto nearby properties. (b) Residential areas are being distinguished from other areas of the town because of the special maintenance needs for commercial and other public areas, and the particular sensitivity of residential uses to the impacts and effects resulting from the use of leaf blowers and non-manually powered hedge trimmers. 30-3 Definitions. For the purposes of this chapter, the terms in this section shall have the following meaning: "Electrically-powered hedge trimmer" means any hedge trimmer powered by electric means, including but not limited to cordless rechargeable hedge trimmers. "Electrically-powered leaf blower means any leaf blower, leaf vacuum or other leaf gathering device powered by electric means, including but not limited to cordless rechargeable leaf blowers. "Gas-powered hedge trimmer" means any hedge trimmer directly powered by an internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Electrically- powered hedge trimmers are not included in this definition. "Gas-powered leaf blower" means any leaf blower, leaf vacuum or other leaf-gathering device directly powered by an internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Lawn mowers, lawn edgers, and electrically-powered leaf blowers are not included in this definition. "Non-residential area" means any area other than a "residential area", as defined herein. "Residential area" means any parcel of land where the primary use of the property is for residential purposes (such as a single-family residence, duplex, apartment building or other form of residential structure). Street areas, up to the center line of the street, directly in front of Town of Tiburon Ordinance No. _ N. S. Effective --1--12010 2 properties used for residential purposes are also considered residential areas for the purposes of this chapter. No parcel with a mixture of residential and commercial uses shall be considered as a residential area for purposes of this chapter. 30-4 Use Restricted. (a) In any Residential Area: (1) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any: a. Gas-powered leaf blower to blow leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces at any time within any residential area, or b. Gas-powered leaf blower to collect leaves, dirt or other debris from sidewalks, driveways, lawns or other surfaces at any time within any residential area. (2) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any gas-powered hedge trimmer to trim, prune or otherwise maintain landscaping at any time within any residential area. (3) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any electrically-powered leaf blower or any electrically-powered hedge trimmer within any residential area except between the hours of nine a.m. and four p.m. (b) In any Non-Residential Area: (1) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any leaf blower within any non-residential area except between the hours of nine a.m. and four p.m. No use of any leaf blower shall be allowed on any Saturday, on any Sunday or on any of the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (2) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any electrically-powered hedge trimmer within any non-residential area except between the hours of nine a.m. and four p.m. No use of electrically-powered hedge trimmers in any non- residential area shall be allowed on any Saturday, on any Sunday or on any of the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Town of Tiburon Ordinance No. N. S. Effective 4--12010 3 30-5 Exemptions. Use of leaf blowers and/or hedge trimmers by public agency employees for emergencies or for park or public right-of-way maintenance is exempted from regulations of this chapter. 30-6 Enforcement and violations. (a) Violations of this chapter will be subject to an administrative enforcement process under title VI, chapter 31 of this code that may include a citation assessing a monetary fine not to exceed two hundred fifty dollars and/or a verbal or written cease and desist warning from town officials. The town council may adjust the monetary fine amount for violations from time to time by resolution. (b) Any property owner or employee, agent or contractor working for a property owner who violates this chapter may also be considered guilty of an infraction, and each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Such infraction shall be punishable by a monetary fine not to exceed two hundred fifty dollars. The town council may adjust the monetary fine amount for violations from time to time by resolution. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, sentences, clauses or phrases be declared invalid. SECTION 5. PUBLICATION AND 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 , 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Town of Tiburon Ordinance No. _ N. S. Effective --1--12010 4 RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: IAdministrationlTown CouncillStaff Reports120101Jan 6 DRAFTSIIeaf blower ordinance.doc Town of Tiburon Ordinance No. _ N. S. Effective --1--12010 00 CVXCOA~ - 0 ovz Chapter 30 LEAF BLOWERS AND HEDGE TRIMMERS* Sections: 1n-1 Title- 30-2 Purpose and intent. 30-3 Definitions. 30-4 Restricted uses. 30-5 Enforcement and violations. * Prior ordinance history: Ordinance 415 N.S. 30-1 Title. This chapter shall be known as the "Town of Tiburon leaf blowers and hedge trimmers ordinance" and may be so cited. (Ord. No. 471 N.S., § 2 (part)) 30-2 Purpose and intent. (a) The purpose of this chapter is to regulate the use of leaf blowers and gas-powered hedge trimmers within the town, so as to prevent the unreasonable and continuous disruption of the community due to leaf blower noise and the devices' ability to broadcast dust and other airborne pollutants into the air and onto nearby properties. (b) Residential areas are being distinguished from other areas of the town because of the special maintenance needs for commercial and other public areas, and the particular sensitivity of residential uses to the impacts and effects resulting from the use of gas- powered leaf blowers. (Ord. No. 471 N.S., § 2 (part)) 30-3 Definitions. As used in this chapter the following terms are defined in this section: "Gas-powered leaf blowers and hedge trimmers" means any leaf blower or hedge trimmer directly powered by all internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Electrically powered leaf blowers and hedge trimmers are not included in this definition. "Residential area" means any parcel of land where the primary use of the property is for residential purposes (such as a single-family residence, duplex, apartment building or other form of residential structure). Street areas, up to the center line of the street, directly in front of properties used for residential purposes are also considered residential areas for the purposes of this chapter. No parcel with a mixture of residential and commercial uses shall be considered as a residential area for purposes of this chapter. (Ord. No. 471 N.S., § 2 (part)) 30-4 Restricted uses. (a) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of a gas-powered leaf blower to blow leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces at any time within any residential area. EXHIBIT NO. 43 (b) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of a gas-powered hedge trimmer to trim, prune or otherwise maintain landscaping within any residential area of the town (c) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate an electrically powered (including cordless rechargeable) leaf blower within any residential area except between the hours of nine a.m. and four p.m. (d) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate any leaf blower within any non-residential area except between the hours of nine a.m. and four p.m. No use shall be allowed on Saturday, Sunday or on holidays recognized by the Town of Tiburon. Use by town employees for park and public right-of-way maintenance is exempted. (Ord. No. 471 N.S., § 2 (part)) 30-5 Enforcement and violations. (a) Violations of this chapter will be subject to an administrative enforcement process under chapter 31 of this Code that may include a citation assessing a monetary fine of up to two hundred fifty dollars and/or a verbal or written cease and desist warning from town officials. The council may adjust the fine amount by resolution. (b) Any property owner or employee, agent or contractor working for a property owner who violates this chapter may also be considered guilty ofan infraction, and each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Such infraction shall be punishable by a monetary fine of up to two hundred fifty dollars. The council may adjust the fine amount by resolution. (Ord. No. 471 N.S., § 2 (part)) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subj ect: Reviewed by: BACKGROUND Mayor & Members of the Town Council Community Development Department Town Council Meeting January 6, 2010 Agenda Item: Introduction and Overview of Comprehensive Reformatting and Text Amendments to the Tiburon Zoning Ordinance; File # MCA 2008-09 v The Tiburon Zoning Ordinance was last comprehensively updated 20 years ago. Since that time, a number of relatively minor amendments and updates to specific sections have been made, but most of the standards and requirements contained in the ordinance have stood the test of time and seem to work well for the Town of Tiburon's residents and property owners. In 2008, Town Staff (primarily Planning Manager Dan Watrous) and Lisa Wise Consulting began work on a comprehensive update of the Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code. The purpose of the update was not to make drastic changes to the basic zoning regulations set forth in the ordinance, but to refine, update, clarify, reorganize, and reformat the existing provisions into a better organized and more user-friendly document. No properties within Tiburon would be rezoned to another zoning district, and there would be no changes to the Zoning Map other than the section reference on its face. Due to the comprehensive nature of the document reorganization, and countless minor text changes, it was not feasible to prepare a useful "redlined" version of the draft ordinance for review and comparison purposes. Instead, in the proposed ordinance, Staff has used brackets [ at the end of paragraphs to record the section of the existing zoning ordinance the paragraph is drawn or most closely resembles, or to identify the source of the paragraph if the text is new. OVERVIEW OF AMENDMENTS Some of the more prominent amendments to the document are described below. This list is not intended to be a comprehensive list of the revisions. The section reference within the draft document follows each description in parentheses. 1. Modified format; Illustrations. The format of the ordinance has been completely modified, with new type face, illustrations and tables to make it easier to read and use. The code sections have been reorganized to make regulations easier to find. A more detailed table of contents is provided. Illustrations have been added and/or updated to more clearly reflect standards for building height, setbacks and other concepts. (Found throughout the draft) 2. Refinement and Rewording of Numerous Sections. Sections throughout have been revised to add clarity and precision, as well as cross- references to related sections. (Found throughout the draft) 3. Definitions. Additional definitions have been created for terms used in the Zoning Ordinance and some of the current definitions have been updated to eliminate archaic or outdated terminology. Definitions have been included for terms that had not been previously defined in the Zoning Ordinance and old and archaic terms that were no longer used in the ordinance have been eliminated. (Article X) 4. Historic Protection Overlay. The Town Council has designated approximately 23 buildings in the Downtown area as historic resources and authorized the Building Official to apply the State Historic Building Code to them. General Plan Downtown Element Policies DT-7, DT-17, DT-19, and DT-21 call for the retention of the principal features of these buildings wherever possible. To implement these policies, exterior alterations to the designated buildings would require a Minor Alteration (staff-level) design review application, which in minor cases could be processed over the counter. (Sections 16.23.020[D] and 16-23.060) 5. Child daycare facilities. Changes have been made to the child daycare facilities regulations to reflect current provisions in State law. Standards for location of facilities, parking, passenger loading, fencing and lighting would be established for large family day care uses as allowed by State law. (Section 16-40.050) 6. Emergency shelters. State law now requires municipalities to include zoning provisions for emergency shelters for the homeless and to permit said uses "by right" in at least one zone where such a facility would be reasonably possible. While geography and proximity to services make Tiburon an unlikely location for a homeless shelter, no one can ever envision all scenarios in which a shelter might be needed. The draft ordinance proposes that homeless shelters would be allowed only in commercial zones. Performance standards would be established in conformance with State law requiring on- site security, adequate light, parking and refuse storage for shelters. (Section 16-40.060) 7. Tidelands Permit. A Tidelands Permit procedure would take the place of a conditional use permit for construction of minor projects in the M (Marine) zone beyond the mean high tide line. Staff recommended this change to create a permit process that is more appropriate for minor projects that currently require approval of a conditional use permit. Town Staff would have the ability to approve minor and incidental construction projects in the M zone that would have no significant environmental impacts. Less minor projects, such as new piers or docks, and any projects expected to have a significant environmental impact, would be referred to the Planning Commission to obtain a conditional use permit, as is currently required. (Section 16-52.080) tiII 8. Bed and Breakfast (B & B) uses. The Town currently allows B & B uses in many of its residential zones with a conditional use permit, although staff is unaware of any such operations in Tiburon at this time. The focus of the zoning text amendments with respect to these uses is to establish specific standards for such uses to accompany the more generic findings used for making decisions on conditional use permits. These standards include parking, fire safety, resident-occupancy, outward appearance, and limitations of services provided. (Section 16-40.030) 9. Seasonal rentals of dwelling units. Seasonal rentals are dwelling units that are repeatedly rented out for a period of no longer than 31 days. Such uses are not currently regulated in the Zoning Ordinance, but are an increasing phenomenon in many communities that have similar characteristics to, and the tourist appeal of, the Town of Tiburon. Under the proposed regulations, a variation on the Home Occupation Permit would be used to process applications for seasonal rentals. Standards tailored to these uses would be applied during the review process, including standards for parking, fire safety, signs, outdoor space, and business license. Seasonal rentals would be allowed in any dwelling unit in a residential zone. (Section 16-40.040) 10. Setbacks for driveway gates. The Town has adopted an administrative policy that requires driveway gates to be set back 15 feet back from a roadway or shared driveway, curb, gutter or sidewalk. This safety precaution allows vehicles to pull out of the traveled roadway while waiting for a driveway gate to open. As this policy has been almost uniformly enforced throughout Town by Planning Division Staff and the Design Review Board, Staff recommends that this requirement be included in the Zoning Ordinance. (Section 16-30.030 [H]) 11. Roof changes. Minor Site Plan and Architectural Review applications for projects that would otherwise only be reviewed at the Staff level that would also increase the height of an existing roofline currently do not require story poles and only require notification of property owners within 100 feet. In the past, some property owners have complained that they were never notified about or properly understood roof changes more than 100 feet away that nonetheless affect their views. To address this concern, Staff recommends an amendment to the Zoning Ordinance to codify the current Town administrative policy that requires story poles to be installed and property owners within 300 feet to be notified for any projects that would increase the height of an existing roofline. (Section 16- 52.020 [L]) 12. Sports courts. The current Zoning Ordinance does not include specific information about Design Review requirements for sports courts and assorted accessory improvements. In response to numerous requests to install sports courts and complaints from neighbors about minor incidental recreational improvements, the Town adopted an administrative policy that requires Design Review approval for specified sports court improvements, including fencing over 42 inches in height, exterior lighting and non- portable basketball standards. Staff recommends that this policy now be codified in the updated Zoning Ordinance. (Section 16-30.060) I o\\ n it Mcctin~~ , O. 13. Storage and debris boxes. Parking of storage and debris boxes on Town streets often generates complaints from neighboring residents and can create traffic safety and street maintenance concerns. The current Zoning Ordinance does not include specific information about placement of storage and debris boxes on public and private property. Staff recommends that the adopted Town administrative policy for storage and debris boxes be adopted. These requirements would allow storage and debris boxes only when associated with a construction project, would require storage boxes to be placed on private property and off the street, and would require debris boxes to be similarly located unless Staff determines that there is no practical on-site location. (Section 16-30.090) 14. Story poles. The Town has a long-standing practice of requiring story poles during the Design Review process to illustrate the scope of construction projects. Adopted Town policies establish standards for story poles, including requirements to take down story poles after a decision is made on an application and to connect poles with tape or other material for projects appealed to the Town Council. To make these standards more enforceable, Staff recommends that these policies be codified in the new Zoning Ordinance. (Section 16-50.070) 15. Staff approvals. The current Zoning Ordinance requires a formal Site Plan and Architectural Review application process for construction of all exterior changes to existing buildings and most new structures. In order to provide better customer service and a streamlined "over the counter" process for minor property improvements, Planning Division Staff has administratively approved a number of very minor projects (e.g. windows, siding changes, deck additions, fences) that do not include additional floor area or skylights if the plans have been approved by potentially affected neighbors identified by Staff. This process has been very successful, saving applicants weeks of time for minor construction projects. Staff's has used appropriate discretion in determining which applications would qualify for this streamlined procedure, as approvals made in this manner have not resulted in complaints from affected persons. Staff recommends that this procedure be codified in the Zoning Ordinance to carry on this enhanced customer service. (Section 16-52.020 [G]) 16. Conversion of two-family and multi-family dwellings. Program H-13 of the Housing Element of the Tiburon General Plan calls for the modification of zoning standards that apply to two-family dwellings in "Old Tiburon" to limit conversion of existing two- family and multi-family dwellings into single-family dwellings or buildings with fewer units than currently exist. This requirement is intended to help preserve the housing stock in the Old Tiburon neighborhood. To implement this program, property owners in the R-2 zone (which makes up almost the entirety of Old Tiburon) would be required to obtain a conditional use permit to convert existing two-family or multi-family dwellings into single-family dwellings or buildings containing fewer dwelling units. (Section 16- 21.030 [D(1)]) I()\\,\ ()I IIi;t 1:O\ I0\\ Il ( lMMl~ ~I~~lIIP~ I:ul~l,u \ 0_ -O]1) ENVIRONMENTAL STATUS An Initial Study/Draft Negative Declaration was prepared for this project and released for public comment on May 4, 2009 and is attached to this report as Exhibit 2. The public review period ended on June 8, 2009 and no comments were received regarding the negative declaration. The Draft Initial Study concluded that the updated Zoning Ordinance would result in no significant environmental impacts and no mitigation measures are required. The Town Council finds that no substantial evidence has been presented in support of a fair argument that a significant effect would result from the project. DESIGN REVIEW BOARD REVIEW The Design Review Board conducted a review and comment session on the draft Zoning Ordinance update on June 4, 2009 and its comments were forwarded to the Planning Commission. PLANNING COMMISSION REVIEW The Planning Commission held a total of eight public hearings on the revised draft Zoning Ordinance, on June 10, June 24, July 8, July 22, August 26, September 9, October 14, and November 11, 2009, and conducted a detailed, page-by-page review. Prior to each meeting, staff provided the Commission with a section-by-section analysis of how a proposed section varied (if at all) from an existing section, or whether the section was entirely new. RECOMMENDATION Staff recommends that the Town Council accept the introduction and overview and provide initial comments on the draft updated Zoning Ordinance, including direction as to the detail-level of review that the Council desires to employ with the draft ordinance. Depending on the level of detail desired, and the volume of questions and comments from the Town Council, one or more additional hearings may be required to complete the review and adopt the updated ordinance. At such time as the Town Council has reviewed the draft updated ordinance to its satisfaction, it should hold first reading of the attached ordinance (Exhibit 1). EXHIBITS 1. Draft Ordinance containing Planning Commission-recommended draft zoning ordinance 2. Initial Study/Draft Negative Declaration Prepared by: Scott Anderson, Director of Community Development S. WdministrationlTown Counc&Staff Reports1201011an 6 DRAFTYzoning ordinance update report.doc km \OI I I I'll 1\( 5 O1 5 ORDINANCE NO. XXX N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE; ADOPTING A NEW TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE; AND MAKING RELATED CROSS- REFERENCE AMENDMENTS TO VARIOUS MUNICIPAL CODE CHAPTERS The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. FINDINGS. A. On November 11, 20091 the Planning Commission adopted Resolution No. 2009-09 recommending to the Town Council approval of comprehensive reformatting and text amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council has held a duly noticed public hearing on , 2010, and has heard and considered public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that, based on an Initial Study and Draft Negative Declaration, prepared and circulated for public comment pursuant to the California Environmental Quality Act (CEQA) in 2009, the adoption of the revised Zoning Ordinance would not result in any significant adverse impacts on the environment, and that a Negative Declaration is appropriate for this project. The Town Council specifically finds that no substantial evidence has been presented in support of a fair argument that a significant effect would result from the project. The Town Council further finds that the related amendments to various other chapters of the Municipal Code to re-number sections based on changed section numbers in the revised Zoning Ordinance have no potential to result in an adverse impact on the environment and are therefore exempt from CEQA based on CEQA Guidelines Section 15061(b)(3). SECTION 2. REPEAL. Title IV, chapter 16 (Zoning) of the Tiburon Municipal Code is hereby repealed in its entirety. EX'I~l IT NO. Town of Tiburon Ordinance ND.XXX N. S. Adopted --1--12010 Effective --1--12010 1 SECTION 3. ADOPTION. Title IV, chapter 16 (Zoning) of the Tiburon Municipal Code is hereby adopted, as set forth in attached Exhibit "A". SECTION 4. ADOPTION OF CROSS-REFERENCING AMENDMENTS. A. Title IV, Chapter 13B (Historical Landmarks), Section 13B-5 of the Tiburon Municipal Code is amended to read as follows: (a) Any person may appeal in writing within ten days any decision of the heritage and arts commission, director of community development, or other town official that would otherwise be final (i.e., is not simply a recommendation or referral). (b) The appeal shall be filed with the town clerk on the prescribed town appeal form and shall be accompanied by the required filing fee. The appeal shall be heard pursuant to title IV, chapter 16, section 16-66.030, or successor sections thereto, of this code, and in accordance with the current appeal procedures adopted by resolution of the town council, except that the town council shall hear the appeal and render a decision on the appeal within sixty days of the filing of the appeal. The timely decision requirement may be waived by the applicant and/or appellant. B. Title V, chapter 19 (Encroachments), section 19-4(c) of the Tiburon Municipal Code is amended to read as follows: (c) The decision of the town engineer may be appealed to the town council pursuant to title IV, chapter 16, section 16-66.030, or successor sections thereto, of this code, and in accordance with the current appeal procedures adopted by resolution of the town council. C. Title V, chapter 19 (Encroachments), section 19-5(a) of the Tiburon Municipal Code is amended to read as follows: (a) The town engineer may revoke any encroachment permit for reasonable cause, including but not limited to the failure to abide by conditions of approval. The decision of the town engineer to revoke a permit may be appealed to the town council pursuant to Title IV, chapter 16, section 16- 66.030, or successor sections thereto, of this code, and in accordance with the current appeal procedures adopted by resolution of the town council. Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 2 D. Title V, chapter 19 (Use of Public Right of Way), section 19A-26 of the Tiburon Municipal Code is amended to read as follows: (a) Any person aggrieved by any determination, interpretation, decision, conclusion, decree, judgment, or similar action taken by any administrative personnel under the provisions of this chapter may appeal the action to the town council. (b) Appeals of administrative citations shall be filed and processed pursuant to title VI, chapter 31, article VI, of this code. (c) All other appeals shall be addressed to the town clerk in writing, and shall follow the procedures set forth in title IV, chapter 16, section 16-66.030 or successor sections thereto of this code, and the current appeal procedures adopted by resolution of the town council; except that: 1) any appeal shall be filed in the office of the town clerk not later than five p.m. of the fifth working day following the date of the action from which an appeal is taken; and 2) the town council shall hold a hearing within sixty days from receipt of the appeal and give the applicant notice thereof by registered or certified mail addressed to the applicant at the address shown on the application. E. Title VI, chapter 20 (Animals), section 20-1.002 of the Tiburon Municipal Code, specifically the definition of "Commercial district", is amended to read as follows: "Commercial district" means any property zoned for commercial and/or office uses as set forth on the Town of Tiburon zoning map pursuant to title IV, chapter 16, of the Tiburon Municipal Code. F. Title VI, chapter 20 (Animals), section 20-1.003 of the Tiburon Municipal Code is amended to read as follows: Unless legally established prior to December 3, 2003, the keeping of poultry, livestock, or bees is deemed "agriculture" as defined in title IV, chapter 16, of the Tiburon Municipal Code and shall require a conditional use permit pursuant to title IV, chapter 16 of the Tiburon Municipal Code. G. Title VI, chapter 20 (Animals), section 20-1.004 of the Tiburon Municipal Code is amended to read as follows: The keeping of any large animal on a lot or premises shall require a conditional use permit pursuant to title IV, chapter 16, of the Tiburon Municipal Code. Refer to article V of this chapter for specific regulations regarding horses. Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 3 H. Title VI, chapter 20 (Animals), section 20-2.225 of the Tiburon Municipal Code is amended to read as follows: It is unlawful for any person to keep, possess, place, store, maintain, control, house, maintain custody of or board, or for any person to permit another, or to assist another in keeping, possessing, placing, storing, maintaining, controlling, housing, keeping custody of or boarding any kind or breed of any live cat (Family Felidae) except house cats (Felis Domesticus) in any area zoned as residential on the Town of Tiburon Zoning Map pursuant to title IV, chapter 16 of the Tiburon Municipal Code. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Town Council declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, sentences, clauses or phrases be declared invalid. SECTION 6. 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 on 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 4 RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: PlanninglRegulationslZoning Ordinance lZoning Comprehensive Update 2010 ordinance.doc Town of Tiburon Ordinance No.XXX N. S. Adopted --1--12010 Effective --1--12010 Initial Study For the The Tiburon Zoning Ordinance Update Town of Tiburon (Town File No. MCA 2008-09) MAY 2009 PREPARED BY Daniel M. Watrous Planning Manager, Town of Tiburon EXHIBIT NO. 01. TABLE OF CONTENTS NEGATIVE DECLARATION ......................................................................................................................2 A. PROJECT DESCRIPTION 3 Enviroiunental Factors Potentially Affected .........................................................................................7 B. EVALUATION OF ENVIRONMENTAL IMPACTS ........................................................................8 1. Aesthetics 8 H. Agriculture ..9 III. Air Quality 10 IV. Biological Resources 12 V. Cultural Resources 14 VI. Geology and Soils 15 VII. Hazards 17 VIII. Hydrology and Water Quality 19 IX. Land Use and Planning 22 X. Mineral Resources 23 XI. Noise 24 XII. Population and Housing 26 XIII. Public Services 26 XIV. Recreation 27 XV. Transportation/Traffic 28 XVI. Utilities and Service Systems 30 XVII. Mandatory Findings of Significance 32 C. REFERENCES 34 LIST OF FIGURES Figure 1: Project Location and Vicinity Map ..............................................................................................6 The Tiburon Zoning Ordinance Update - Town of Tiburon, CA NEGATIVE DECLARATION TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95 814 County Clerk, Marin County FROM: Project Title: Proponent: Town of Tiburon Community Development Department 1505 Tiburon Blvd. Tiburon, CA 94920 The Tiburon Zoning Ordinance Update Town of Tiburon Project Location: Tiburon, CA 94920 Project Description: The project proposes to update the Town of Tiburon Zoning Ordinance (Chapter 16 of the Tiburon Municipal Code), which contains the zoning regulations for all land within the Tiburon Town limits. The project includes the following changes to the existing zoning ordinance: • A modified format, along with new illustrations, tables and definitions to improve the usability of the zoning ordinance. • New procedures governing specific uses, including bed and breakfasts, seasonal rentals, improvements in tidelands areas and very minor exterior building alterations. • Codification of previously adopted Town policies, including those related to story poles, sports courts, storage and debris boxes, driveway gates and fences. • Changes to reflect current provisions in State planning laws and adopted Town development guidelines. The update would result m no substantive changes to the zones and development standards contained within the existing Zoning Ordinance. Finding: Based on the attached Initial Study, it has been determined that the proposed project would not result in a significant, adverse environmental effect. 57 ~ Signature: Daniel M. Watrous, Planning Manager Date Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 The Tiburon Zoning Ordinance Update - Town of Tiburon, CA A. PROJECT[' DESCRIPTION 1. Project Title: The Tiburon Zoning Ordinance Update 2. Lead Agency Name and Address: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 3. Contact Person and Phone Number: Daniel M. Watrous, Planning Manager (415) 435-7393 4. Project Location: Tiburon, CA 5. Project Sponsor's Name and Address: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 6. Person Preparing the Submission/Initial Study Checklist Daniel M. Watrous Planning Manager - Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: (415) 435-7393 Fax: (415) 435-2438 Email: dwatrous@ci.tiburon.ca.us 7. Project Number: MCA 2008-09 8. Assessor Parcel No. Town-wide project 9. Type of Approval Sought: Amendment to Chapter 16 of the Tiburon Municipal Code to update the Tiburon Zoning Ordinance. 10. Size of Subject Property: 3,665 acres. 11. Present and Previous Use of Site or Structures: The proposed project would amend the Tiburon Zoning Ordinance for the entire Town of Tiburon. Tiburon is a predominantly built-out residential community with several concentrations of commercial and office uses, along with areas of public/quasi-public uses and several concentrations of park and open space land. 12. General Plan Designation: The Land Use Element of the Tiburon General Plan contains land use designations for all land uses within the Tiburon Planning Area, including residential, commmercial, public/quasi-public, and parks and open space uses. 13. Zoning: The Tiburon Zoning Ordinance contains zoning designations for residential, commercial, office, public-quasi-public, marine, open space and parks and recreation uses. These The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 3 designations have been applied to all properties within the Tiburon Town limits. The proposed update to the Town of Tiburon Zoning Ordinance would not change the zoning designation for any property in Tiburon and would not substantially modify any of the zoning designations within the Zoning Ordinance. 14. Description of Project: The project proposes to update the Town of Tiburon Zoning Ordinance (Chapter 16 of the Tiburon Municipal Code), which contains the zoning regulations for all land within the Tiburon Town limits. The project includes the following changes to the existing zoning ordinance: • A modified fonnat, along with new illustrations and tables to inprove the usability of the zoning ordinance. • Additional definitions for terms contained in Zoning Ordinance. • Changes to child daycare facilities regulations to reflect current provisions in State planning laws. • Establishinent of a Tidelands Permit procedure for construction beyond mean high tide line. • New provisions for Bed & Breakfast Inns (B&Bs) and seasonal rental of residential dwelling units. • Codification of previously adopted Town policy requiring driveway gates to be set back 15 feet back from a roadway or shared driveway, curb, gutter or sidewalk. • Additional Site Plan and Architectural Review requirements for projects that increase roof height. • Codification of previously adopted Town policy creating development standards for sports courts. • Standards for placement of storage and debris boxes on public and private property. • Codification of previously adopted Town policy establishing standards for story poles to illustrate the scope of construction projects. • Modified procedures for reviewing changes to approved projects and Staff approval of minor property improvements. • Requirement to obtain a conditional use pen-nit to convert existing two-family or multi- family dwellings it the R-2 zone into single-family dwellings or buildings containing fewer dwelling units. No properties withil Tiburon would be rezoned a part of this project. The project will involve no physical development of any property with Tiburon Town Limits. The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 4 15. Surrounding Land Uses and Setting: Tiburon is a predominantly built-out residential community with several concentrations of commercial and office uses, along with areas of public/quasi-public uses and several concentrations of park and open space land. 16. Other agencies or utility providers whose approval is required (e.g., permits, financing approval, or participation agreement.) None The Tiburon Zoning Ordinance Update - Town of Tiburon, CA II'' r LL 1 C. m BE V a 0 V 0 V Q 0 L. CL ► f 1 t f D 1 O i ; I f. r I m , L U ► ' f f ► T- I \V-+n w~ ~w O, g J. j s E J C C O ..Q I- f i I cn m LO Ill.:] 0 0 LO N 0 0 1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involvuig at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ ❑ Biological Resources ❑ ❑ Hazards & Hazardous Materials ❑ ❑ Mineral Resources ❑ ❑ Public Services ❑ ❑ Utilities / Service Systems ❑ Agriculture Resources Cultural Resources Hydrology / Water Quality Noise Recreation ❑ Air Quality ❑ Geology /Soils ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation / Traffic DETERMINATION: On the basis of this initial evaluation: Mandatory Funding of Significance ® I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the enviromnent, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at lest one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I fund that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an EARLIER EIR or NEGATIVE DECLARATION pursuant to applicable legal standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ."-b C49A oc~~ SN&' Cq Signature Date Daniel M. Watrous, Planning Manager, Town of Tiburon Department of Community Development. The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 7 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation B. EVALUATION OF ENN71RONMENTAL IMPACTS Note: For each topic listed below, a reference source was used to complete the Environmental Checklist. The reference sources are listed by number in Chapter III of this document. Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Impact Mitigation Incorporation 1. AESTHETICS Would the project: a. Have a substantial adverse effect on a scenic vista ? ❑ ❑ ❑ As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not adversely affect a scenic resource. There would be no impact. (Source: 1) b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a ❑ ❑ ❑ state scenic highway? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not damage any scenic resources. There would be no impact. (Source: 1) c. Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not substantially degrade the existing visual character or quality of any property. There would be no impact. The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 8 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation (Source: l) d. Create a new source of substantial light or glare Which would adversely affect day or ❑ ❑ ❑ nighttime views in the area? 7licriiccinn- As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not create any new sources of substantial light or glare. There would be no impact. (Source: I) II. AGRICULTURE Would the project: {In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) p7°epared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.} a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and ❑ ❑ ❑ Monitoring Program of the California Resources Agency, to non-agricultural use? Discussion: There is no land within the Town of Tiburon which is shown as Prime Fannland, Unique Fannland or Farmland of Statewide Importance on the Marin County Important Farmland 2000 map produced by the State Department of Conversation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program. There would be no impact. (Source: 2) b. Conflict with existing Zoning./or agricultural use, or a Williamson Act contract? ❑ ❑ ❑ Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 9 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The Town of Tiburon has no land zoned for agricultural use or under a Williamson Act contract. (Source: 3) c. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of ❑ ❑ ❑ Farmland, to non-agricultural use? Discussion: There is no agricultural land within the Town of Tiburon that could be converted non-agricultural use. (Source: 3) III. AIR QUALITY FVould the project: a. Conflict with or obstruct implementation of 117 LLIIJ the applicable air quality plan? ❑ ❑ ❑ Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not conflict with or obstruct implementation of the Bay Area Clean Air Plan (BAAQMD, 2000). There would be no impact. (Sources: I, 4) b. Violate any air quality) standard or contribute substantially to an existing or projected air ❑ ❑ ❑ quality violation? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not violate any air quality standards or contribute substantially to an existing or projected air quality violation. There would be no impact. (Sources: I, 4) c. Result in a cumulatively considerable net increase in any criteria pollutant for which the ❑ ❑ ❑ Project region is non - attainment under an applicable federal or state ambient air quality The Tiburon Zoning Ordinance Update - Town of Tiburon; CA 10 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation standard (including releasing emissions which exceed quantitative thresholds .for o-zone precursors)? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in a cumulatively considerable net increase of any criteria pollutant for which the project area is non-attainment under an applicable federal or state ambient air quality standard. There would be no impact. (Sources: 1, 4) d. Expose sensitive receptors to substantial r7i pollutant concentrations? ❑ El ❑ LLJ Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not expose sensitive receptors to substantial pollutant concentrations. There would be no impact. (Sources: 1, 4) e. Create objectionable odors affecting a substantial number of people? ❑ ❑ ❑ Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not create objectionable odors. There would be no impact. (Sources: 1, 4) f. Generate greenhouse gases (GHG) that would adversely affect the Earth's climate and ❑ ❑ ❑ aggravate global climate change (GCC)? As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not generate greenhouse gases that would adversely affect the Earth's climate and aggravate global climate change. There would be no impact. (Source: 1) The Tiburon Zoning Ordinance Update - Town of Tiburon, CA Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation IV. BIOLOGICAL RESOURCES T,Voitld the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ❑ regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Discussion: 11 As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not have a substantial effect on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Wildlife Service. There would be no impact. (Sources: 1, 3) b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the Califorlaia ❑ ❑ ❑ Department offish and Game or USFish and Wildlife Service? llicr-necinn As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not have a substantial effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Wildlife Service. There would be no impact. (Sources: 1, 3) c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean TEater Act (including, but not limited to, marsh, vernal pool, coastal, etc.) ❑ ❑ ❑ throztgh direct removal, filling, hydrological interruption, or other means? Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 12 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation As set forth u1 the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not have a substantial adverse effect on federally protected wetlands. There would be no impact. (Sources: 1, 3) d. Inter Pere substantially with the movement of any native resident or nzigratoi~yfish or wildlife species or with established native resident or r7l nzigratWy wildlife corridors, or impede the use El El of native wildlife nursery sites? Discussion: See discussion in IV. a. and b. above. There would be no impact. (Sources: 1, 3) e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ES1 Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not conflict with any local policies or ordinances protecting biological resources. No portions of the Tiburon Zoning Ordinance would be modified that would conflict with adopted Town policies protecting biological resources, including the Tiburon Tree Ordinance. There would be no impact. (Source: 1) f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, of- state habitat conservation plan? Discussion: There is no adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other adopted local, regional or state Habitat Conservation Plan which includes land within the Town of Tiburon. There would be no impact. (Sources: 1, 3) 0 The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 13 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation V. CULTURAL RESOURCES Would the project: a. Cause a substantial adverse change in the significance of'a historical resource as defined ❑ ❑ ❑ in §15064.5? As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not cause a substantial adverse change in the significance of any historical resource. There would be no impact. (Sources: 1, 3) b. Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ pursuant to §15064.5? Discussion: As set forth in the project description, the prof ect will involve no physical development of any property with Tiburon Town Limits and therefore would not cause a substantial adverse change in the significance of any archeological resource. There would be no impact. (Sources: 1, 3) c. Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ geologic feature? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not directly or indirectly destroy any paleontological resource or site or unique geological feature. There would be no impact. (Sources: 1, 3) d. Disturb any human remains, b1cluding those interred outside of formal cemeteries? ❑ ❑ ❑ Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 14 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not disturb any human remains. There would be no impact. (Sources: 1, 3) VI. GEOLOGY AND SOILS Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake, fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Allap issued by the State Geologist for the area or based on ❑ ❑ ❑ other substantial evidence of a known .fault? Refer to Division of Mines and Geology Special Publication. 42. There are no Alquist-Priolo Earthquake Fault Zones within the Town of Tiburon and the town is not near any known active faults. The nearest known active faults are the San Andreas fault, about 8 miles to the southwest, and the Hayward fault, about 8 miles to the northeast. Therefore, the potential for fault surface rupture (as opposed to ground shaking) within the Town limits is low. There would be no impact. (Source: 3) ii. Strong seismic ground shaking? ❑ ❑ ❑ Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not expose people or structures to potential substantial adverse impacts due to strong seismic ground shaking. There would be no unpact. (Sources: 1, 3) iii. SeisnZic related ground failure, includi7zg liquefaction? ❑ ❑ ❑ Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 15 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not expose people or structures to potential substantial adverse impacts due to seismic related ground failure or liquefaction. There would be no unpact. (Sources: 1, 3) iv. Landslides? ❑ ❑ L~J Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not expose people or structures to potential substantial adverse impacts due to landslides. There would be no impact. (Sources: 1, 3) b. Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result substantial soil erosion or the loss of topsoil. There would be no impact. (Source: 1) C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the protect, and potentially result in on, or off, site ❑ ❑ ❑ landslide, lateral spreading, subsidence, liquefaction or collapse? Discussion: See discussion in VI, iii. and iv above. (Sources: 1, 3) d. Be located on expansive soil creating substantial risks to life or p-opero) ? ❑ ❑ ❑ Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon. CA 16 Potential]), Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Lhnits and therefore would not involve any activity located on expansive soils. There would be no impact. (Sources: 1, 3) e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems ❑ ❑ ❑ Where sewers are not available for the L~J disposal of wastewater? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not involve any activity on soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems. There would be no impact. (Source: 1) VII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ❑ ❑ ❑ materials? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. There would be no unpact. (Sources: 1, 5) b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 17 Potentially Significant Impact See discussion in VH.a. above. (Sources: 1, 5) c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or ❑ proposed school? Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Discussion: See discussion in VH.a. above. (Sources: 1, 5) d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ result, would it create a significant hazard to the public or the environment? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not involve any property that is included on a list of hazardous materials sites. There would be no impact. (Sources: 1, 6) e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a ❑ ❑ ❑ sa fete hazard. for people residing or working in the project area? Discussion: There is no public airport within two miles of the Town of Tiburon. The nearest public airport is Gnoss Field which is approximately 12 miles north of Tiburon. There would be no impact. (Source: 3) f For a project within the vicinity of a private airstrip, would the project result in a safety ❑ ❑ ❑ hazard for people residing or working in the V^J N The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 18 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation project area? Discussion: No airstrips are located in the Town of Tiburon. The nearest private airstrip is located at Smith Ranch, which is approximately eight (8) miles north of Tiburon. There would be no impact. (Source: 3) g. Impair implementation of or physically inte7 fere with an adopted emergency response ❑ ❑ ❑ plan or emergency evacuation plan? Discussion: As set forth ul the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not interfere with or impair implementation of an adopted emergency response plan or emergency evacuation plan. There would be no impact. (Sources: 1, 3) h. Expose people or structures to a significant risk of loss, injury or death involving wildland fares, including where wildlands are adjacent ❑ ❑ ❑ to urbanized areas or where residences are intermixed with wildlands? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. There would be no impact. (Sources: 1, 3) VIII. HYDROLOGY AND WATER QUALITY Would the project: a. Violate any water quality) standards or waste discharge requirements? ❑ ❑ ❑ Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 19 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not violate any water quality standards or waste discharge requirements. There would be no impact. (Source: 1) b. Substantially deplete groundwater supplies or inlet fore substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of*the local groundwater table level (e.g., the production ❑ ❑ ❑ rate ofpre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. There would be no impact. (Source: 1) c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ❑ river, in a manner which would result in substantial erosion or siltation on- or off- site? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not substantially alter any existing drainage patterns There would be no impact (Source: 1) d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ❑ ❑ ❑ anzolcnt of sL17. face 7-u770ff in a manner which would result in flooding on- or off- site? Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 20 Potentially Significant Impact See discussion in VM.c. above. (Source: 1) e. Create or contribute rztnoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide ❑ substantial additional sources of polluted runoff ? Discussion: Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not create or contribute runoff that would not exceed the capacity of existing or planned stone water drainage systems or provide substantial additional sources of polluted runoff. There would be no impact. (Sources: 1, 7) f. Otherwise substantially degrade water quality? ❑ ❑ ❑ Discussion: No Impact 11 rz7l Lnhi As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not substantially degrade water quality or alter stormwater runoff conveyed from the site into the Town's stormwater system. There would be no impact. (Source: I) g. Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or ❑ ❑ ❑ other flood hazard delineation map? Discussion: As set forth in the project description, the project will involve no construction of housing. There would be no impact. (Sources: 1, 7) h. Place within a I00-year flood hazard area ❑ ❑ ❑ structures which would impede or redirect The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 21 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation flood flolvs? Discussion: See discussion in VIII.g. above. (Sources. 1, 7) - i. Expose people or structures to a significant risk: of loss, injury or death involving flooding, including flooding as a i•esielt of the. failure of a ❑ ❑ ❑ levee or dafn? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not expose people or structures to a significant risk of loss, injury or death involving flooding. There would be no impact. (Sources: 1, 7) J. lni.cndation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not have the potential for inundation by a tsunami, seiche or mudflow. There would be no impact. (Sources: 1, 3) IX. LAND USE AND PLANNING Would the project: a. Physically divide an established communit}~? ❑ ❑ ❑ Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not physically divide the community. There would be no impact. (Sources: 1, 3) b. Conflict with any applicable land zcse plan, ❑ ❑ ® ❑ The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 22 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or Zoning ordinance) adopted for the pu7pose of avoiding or mitigating an environmental effect? Discussion: As set forth in the project description, the proposed project would update the Town of Tiburon Zoning Ordinance. The changes proposed would be consistent with the Tiburon General Plan, as no changes are proposed to the Town's zoning districts that would conflict with the land use designations contained within the General Plan. This would be a less than significant impact. (Sources: 1, 3) c. Conflict with any applicable habitat conservation plan or natural communit)) ❑ r7i conservation plan? L~J Discussion: Currently, there are no adopted local, regional, or state habitat conservation plans that include the Town of Tiburon. There would be no impact. (Sources: 1, 3) X. MINERAL RESOURCES Would the project: a. Result in the loss of availability of a known mineral resource that would be of valice to the region and the residents of the state? El 1:1 F-1 Z Ring Mountain, which is considered by the State as a Scientific Resource Zone, is the only mineral resource located within the Town of Tiburon. Ring Mountain is preserved as open space owned by the Marin County Open Space District and therefore no impact would occur. (Source: 8) b. Result in the loss of availability of a locall);-important mineral resource recovery The Tiburon Zoning Ordinance Update - Town of Tiburon. CA 23 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation site delineated on a local general plan, specific plan or other land ztse plan ? Discussion: See discussion in X.a. above. (Source: 8) XI. NOISE Would the project: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or ❑ ❑ ❑ applicable standards of other agencies? Discussion; As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not expose persons to or generate noise levels in excess of standards established in the Tiburon General Plan, the Tiburon Noise Ordinance or applicable standards of other agencies. There would be no impact. (Sources: 1, 9) b. Exposure of persons to or generation of excessive ground borne vibration or ground ❑ ❑ ❑ borne noise levels? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not expose persons to or generate excessive ground borne vibration or ground borne noise levels. There would be no impact. (Sources: 1, 9) c. A substantial permanent increase in ambient noise levels in the project vicinity) above levels ❑ ❑ existing withotit the project? Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 24 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not generate a substantial, permanent increase in ambient noise levels. There would be no unpact. (Sources: 1, 9) d. A substantial temporary orperiodic increase in ambient noise levels in the project vicinity ❑ ❑ ❑ above levels existing without the project? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not generate an increase in ambient noise levels. There would be no impact. (Sources: 1, 9) e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose ❑ ❑ ❑ people residing or wor king in. the project area to excessive noise levels? Discussion: The Town of Tiburon is not located within an area that is covered by an airport land use plan and is not located within close proximity to a public airport or public use airport. There would be no impact. (Source: 3) f. For a project within the vicinity of a private airstrip, would the project expose people residing or worl~i77g in the project area to ❑ ❑ ❑ excessive noise levels? Discussion: No airstrips are located in the Town of Tiburon. The nearest private airstrip is located at Sinith Ranch, which is approximately eight (8) miles north of Tiburon. There would be no impact. (Source: 3) The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 25 XII. POPULATION AND HOUSING Would the p-oject: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Discussion: Potentially Less-Than- Significant Significant With Impact Mitigation Incorporation Less-Than- Significant Impact The proposed update to the Tiburon Zoning Ordinance would not include policies or programs that would induce substantial population growth. There would be no impact. (Source: 1) b. Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ replacement housing elsewhere? Discussion: The proposed update to the Tiburon Zoning Ordinance would not include policies or programs that would result in the displacement of housing or people. There would be no impact. (Source: 1) XIII. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental,facilities, need for new or physically altered governmental .facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other pe7 formance objectives for any of the public services: a. Fire protection? ❑ Discussion: ❑ ❑ As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in substantial adverse physical impacts No Impact The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 26 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation associated with the provision of new or physically altered governmental facilities. There would be no impact. (Source: 1) b. Police proleCti077? Discussion: See discussion in XIII.a. above. (Source: 1) c. Schools? F-1 F-1 E See discussion in XE[La. above. (Source: 1) d. Parks? El Discussion: rz7l See discussion in XJH.a. above. (Source: 1) e. Other ptiblic facilities? 0 1-1 0 Discussion: See discussion in XIH.a. above. (Source: 1) XIV. RECREATION R'buld the p-oject: f. Increase the use of existing neighborhood and regional parks or other recreational E .facilities such that stibstanti.al physical deterioration of the facility would occur or be The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 27 Potentially Less-Than- Less-Than- Significant Significant With Significant Impact Mitigation Impact Incorporation accelerated? nYCniiov~r n- A.s set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not increase the use of existing neighborhood or regional parks or other off-site recreational facilities. There would be no impact. (Sources: 1, 3) g. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse ❑ ❑ ❑ physical effect on the environment? n4 C nY 1 C C 7 /lYl As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not include recreational facilities or require the construction or expansion of recreational facilities that would have an adverse physical effect on the environment. There would be no impact. (Sources: 1, 3) YV. TRANSPORTATION/TRAFFIC Would the project: a. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity) of the street system (i.e., result in a substantial increase in either the ❑ ❑ ❑ number of vehicle trips, the volume to capacity ratio on roads, or congestion at intel'sectlons) ? nlor`77CC7lln No Impact r7l As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not cause an increase in traffic that would be substantial in relation to the existing traffic load and capacity of the Tiburon street system. There would be no impact. (Sources: 1, 3) b. Exceed, either individually or cumulatively, a ❑ ❑ ❑ level of serilice standard established by the The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 28 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation County C011geStiOn Inanagelnent agenCy fOr designated roads or highways? Discussion: As set forth irl the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not exceed a level of service standard established for designated roads or highways. There would be no impact. (Sources: 1, 3) c. Result in a c11a11ge in air traffic patterns, including either an increase in traffic levels Or' a change in location that results in ❑ ❑ ❑ substantial safety risks? Discussion: There are no public airports within two miles of the Town of Tiburon and no private airstrips in the vicinity of Tiburon. There would be no impact. (Source: 3) d. Substantially increase hazards due to a design feature (e.g., sharp culwes or dangerous intersections) or incompatible uses (e.g.,.farm ❑ ❑ ❑ equipment)? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not substantially increase hazards due to any design features. There would be no impact. . (Source: 1) e. Result in inadequate emergency access? ❑ ❑ Discussion: As set forth u1 the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in inadequate emergency access. There would be no impact. (Source: 1) The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 29 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation f. Result in inadequate parking capacity? -1 r7l Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in inadequate parking capacity. There would be no impact. (Source: 1) Cr Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ (e.g., bus turnouts, bicycle racks)? Discussion: The proposed update to the Tiburon Zoning Ordinance would not include policies or programs that would conflict with adopted policies, plans or programs supporting alternative transportation. There would be no impact. (Sources: 1, 3) XVI. UTILITIES AND SERVICE SYSTEMS Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in any activities that would exceed wastewater treatment capacities. There would be no impact. (Source: 1) b. Require or result in the construction of new water or wastewater treatment facilities or expansion ofexistingfacilities, the construction ❑ of wh ich could cause sig7iifica77t e7lvll'ol?772ental effects? Discussion: The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 30 Potentially Significant Impact See discussion in XVI.a. above. (Source: 1) c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which ❑ could cause significant environmental effects? Less-Than- Significant With Mitigation Incorporation Less-Than- Significant Impact No Impact Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in the. construction of new storm water drainage facilities or expansion of existing facilities. There would be no impact. (Source: 1) d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements ❑ ❑ ❑ needed? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not affect existing water supplies or require new or expanded water entitlements. There would be no impact. (Source: 1) e. Result in a determination by the wastewater treatment provider which ser Ves or may serve the project. that it has adequate capacity) to serve the project's projected demand in ❑ ❑ ❑ addition to the provider's existing commitments? Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in any increase in wastewater generation. There would be no impact. (Source: 1) The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 31 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation f. Be served by a landfill with sufficient pe77nitted capacio} to accommodate the project's solid ❑ waste disposal needs? LnNi Discussion: As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in an increase in solid waste disposal needs. There would be no impact. (Source: 1) g. Comply with. federal, state, and local statutes and regulations related to solid waste? ❑ ❑ ❑ T>i cr.rn scion As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits and therefore would not result in any activity that would not comply with federal, state, and local statutes and regulations related to solid waste. There would be no :impact. (Source: 1) XVII. MANDATORY FINDINGS OF SIGNIFICANCE Would the project: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal ❑ community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histo7y or prehistory? T)i cr.ti cci nn ❑ ❑ As set forth in the project description, the project will involve no physical development of any property with Tiburon Town Limits. As set forth in Sections I - XVU above, the project would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a The Tiburon Zoning Ordinance Update - Town of Tiburon, CA 32 Potentially Less-Than- Less-Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation plant or animal community, reduce the number or restrict the range of a rare or endangered plant or aniunal species. b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection E] ❑ ❑ kL\J with the effects of past projects, the effects of other current projects, and the effects of probable.future projects)? Discussion: As set forth in Sections I - XVII above, the project would not have impacts that are individually limited, but cumulatively considerable. c. Does the project have environmental effects ❑ which will cause substantial adverse effects on ❑ F-1 human beings, either directly or indirectly? r,; o f-11 As set forth in Sections I - XVII above, the proposed project would not have environmental effects which would cause substantial adverse effects, directly or indirectly on human beings. There would be no impact. (Sources: 1-9) The Tiburon Zoning Ordinance Update - Town of Tiburon.. CA 33 C. REFERENCES The following is a list of references used in the preparation of this document. As noted at the beginning of Section II, each of the topics addressed in the Evaluation of Environmental Impacts includes a list of references by number. The numbers for the reference sources correspond with the sources that are listed below by number. Unless attached herein, copies of all reference reports, memorandums and letters are on file with the Town of Tiburon Community Development Department. Project description 2. 2000 linportant Farmland Map: Mai-in County, State of California Department of Conservation, Division of Land Resource Protection, Tune 2001 Town of Tiburon General Plan, 2005 4. Bay Area Air Quality Management District Annual Report; 2005 Bay Area Air Quality Management District Demolition Regulation 11, Rule 2 6. Hazardous waste list website http://wArw.dtsc.ca.aov/database/Calsites/Cortese~List.cfin 7. Federal Emergency Management Agency, Flood Hazard Map, 2003 8. Draft Marin Countywide Plan, County of Marin Community Development Agency, February 2004 9. Town of Tiburon Municipal Code, Chapter 13 regulating hours of construction The Little School Daycare Expansion Project - 11 Shepherd Way, Tiburon, CA 34