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HomeMy WebLinkAboutTC Agenda Packet 2017-05-17 a„ TOWN OF TIBURON Tiburon Town Council �`"� Tiburon Town Hall May 17,2017 1505 Tiburon Boulevard Special Meeting-7:00 p.m. Tiburon, CA 94920 Regular Meeting-7:30 p.m. TIBURON TOWN COUNCIL TENTATIVE AGENDA SPECIAL MEETING-7:00 p.m. CALL TO ORDER AND ROLL CALL Councilmember Doyle,Councilmember Fredericks,Councilmember Tollini,Vice Mayor O'Donnell,Mayor Fraser 1) Conference with Legal Counsel Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: (1 potential case) ADJOURNMENT- to regular meeting REGULAR MEETING-7:30 p.m. CALL TO ORDER AND ROLL CALL Councilmember Doyle,Councilmember Fredericks,Councilmember Tollini,Vice Mayor O'Donnell,Mayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three(3)minutes. PRESENTATION P-1. Presentation of Annual Arts Educator Award-Dana Lomax,Arts Educator,Del Mar School(Heritage&Arts Commission) INTERVIEWS FOR INTERIM VACANCIES ON TOWN COUNCIL (Tiburon Town Council-Two vacancies for interim appointment) 6 applicants CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council,public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Zoning Text Amendments-Adopt ordinance making various zoning text amendments relating to regulation of marijuana, including marijuana-related commercial activity and marijuana cultivation and delivery; Title IV, Chapter 16 of the Tiburon Municipal Code (Community Development Department) CC-2. Municipal Code Amendments-Adopt ordinance making various amendments relating to smoking and tobacco regulation;Title VI, Chapter 28 of. the Tiburon Municipal Code (Community Development Department) CC-3. Municipal Code Amendments - Adopt ordinance making various amendments to regulations regarding view and sunlight obstruction from trees; Title IV, Chapter 15 of the Tiburon Municipal Code(Community Development Department) CC-4. Investment Summary - Adopt report for month ending March 31, 2017 (Director of Administrative Services Bigall) CC-5. Investment Summary - Adopt report for month ending April 30, 2017 (Director of Administrative Services Bigall) CC-6. Community Development Block Grant Cooperation Agreement- Adopt resolution authorizing the Mayor to execute a three-year Community Development Block Grant Cooperation Agreement with the County of Marin(Office of the Town Manager) CC-7. Local Town Boards and Commissions- Consider amendments to membership requirements for Town Council Appointed Boards and Commissions (Office of the Town Manager) PUBLIC HEARINGS PH-1. Subdivision Ordinance - Consider repeal of current Subdivision Ordinance and adoption of comprehensively updated regulations-Introduction and first reading of ordinance ACTION ITEMS AI-1. Recognition of Departing Town Couneilmember Frank Doyle - On the occasion of his final Council meeting, the Council is invited to share their thoughts with Couneilmember Doyle, and Couneilmember Doyle is invited to share his comments as well(Mayor Fraser) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests-May 5&12,2017 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415)435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at,or prior to,the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. mow. Town Council Meeting ✓' ,,�» TOWN OF TIBURON g May 17,2017 1505 Tiburon Boulevard y Agenda Item: A Tiburon,CA 94920 g STAFF PO . To: Mayor & Members of the Town Council From: Community Development Department Subject: Zoning Ordinance Text Amendments : Consider Text Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code Regarding the Regulation of Marijuana; File MCA2017-002; Town Counci itiated Amendments (Adoption of Ordinance) Reviewed by: , BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on May 3, 2017, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. PROCEDURE This is a Consent Calendar item. The Council's motion to adopt this item on the Consent Calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the Consent Calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 570 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 570 N. S. Prepared by: Scott Anderson,Director of Community Development ORDINANCE NO. 570 N. S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MAKING VARIOUS TEXT AMENDMENTS RELATED TO MARIJUANA FACILITIES, CULTIVATION AND DELIVERIES SECTION 1. FINDINGS. A. On April 12, 2017, the Planning Commission, following a public hearing, recommended to the Town Council adoption of various text amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code regarding regulation of marijuana facilities, marijuana cultivation and marijuana deliveries. B. The Town Council held a duly noticed public hearing on May 3, 2017 and has heard and considered all 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 polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a"project"under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061(b)(3). SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows: (A) Section 16-20.030(A)(4) [Prohibited uses] of the Tiburon Municipal Code is hereby repealed. (B) In Section 16-100.020(M) [Definitions], the definition of"Marijuana dispensary" is hereby repealed. (C) Section 16-40.090 is hereby added to read as follows: Tiburon Town Council Ordinance No. 570 N. S. DRAFT Effective--1--12017 1 71 NO. Sec. 16-40.090 Marijuana facilities, cultivation and delivery. A. Purpose. The purpose and intent of this section is to prohibit medical marijuana facilities, non- medical marijuana facilities, marijuana cultivation, and certain marijuana deliveries, as defined below, within the town's corporate limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuana even if for medical purposes. Additionally, there is evidence of an increased incidence of crime- related secondary impacts in locations associated with marijuana facilities and in connection with marijuana deliveries. Such negative impacts are contrary to and undermine policies that are intended to promote and maintain the public's health, safety, and welfare. B. Definitions. As used in this section, the following terms shall have the meaning set forth below. (1) "Commercial cannabis activity" shall have the meaning set forth in Business and Professions Code section 19300.50). (2) "Cultivation"means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. (3) "Establish" or "operate" a medical marijuana facility or non-medical marijuana facility means and includes any of the following: a. The opening or commencement of the operation of a medical marijuana facility or non-medical marijuana facility; b. The conversion of an existing business, facility, use, establishment,property, or location to a medical marijuana facility or non-medical marijuana facility; c. The addition of a medical marijuana facility or non-medical marijuana facility to any other existing business, facility, use, establishment, property, or location. (4) "Marijuana" shall have the meaning set forth in Health and Safety Code section 11018 and Business and Professions Code section 19300.5(f) and any successor sections thereto. (5) "Medical marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in Health and Safety Code section 11362.7(h). Tiburon Town Council Ordinance No. 570 N. S. DRAFT Effective 4--/2017 2 (6) "Medical marijuana facility" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, and/or distributed by or to three or more people. A"medical marijuana facility" includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code section 19300.50), takes place. A "medical marijuana facility" does not include the following uses provided that the location of such uses is otherwise regulated by this Code or applicable law and any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5, 11362.7, et seq.: a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; c. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; e. A residential hospice; or f. A home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. (7) "Non-medical marijuana facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 et seq., including but not limited to marijuana cultivation, marijuana distribution, marijuana transportation, marijuana storage, manufacturing of marijuana products, marijuana processing, the sale of any marijuana or marijuana products, and the operation of a marijuana microbusiness. A"non-medical marijuana facility" includes any "commercial marijuana activity" as defined by Business and Professions Code section 26001(d). C. Medical marijuana facilities, non-medical marijuana facilities, marijuana cultivation, and certain marijuana deliveries prohibited. (1) Medical marijuana facilities are prohibited in all zones in the town and shall not be established or operated anywhere in the town. (2) Non-medical marijuana facilities are prohibited in all zones in the town and shall not be established or operated anywhere in the town. (3) No person may own, establish, open, operate, conduct, or manage a medical marijuana facility or non-medical marijuana facility in the town, or be the lessor of property where a medical marijuana facility or non-medical marijuana facility is located. Tiburon Town Council Ordinance No. 570 N. S. DRAFT Effective--1--/2017 3 No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana facility or non-medical marijuana facility in the town. (4) No use permit, site plan and architectural review permit, tentative map, parcel map, variance, grading permit, building permit, business license, certificate of occupancy, or other zoning, subdivision, encroachment or other town permit will be accepted, approved or issued for the establishment or operation of a medical marijuana facility or non- medical marijuana facility. Any such permit issued in error shall be null and void. (5) No person or entity may cultivate marijuana at any location in the town, except that a person may cultivate no more than six (6) living marijuana plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that all of the following standards are met: a. The owner of the property provides written consent expressly allowing the marijuana cultivation to occur; b. The person conducting the marijuana cultivation complies with all applicable Building Code requirements set forth in Chapter 13 of the Municipal Code; c. There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of marijuana cultivation; and d. The marijuana cultivation complies with Health and Safety Code section 11362.2(a)(3). e. The living plants and any marijuana produced by the plants shall not be detectable by sight or smell from adjacent properties or public places. (6) No person and/or entity may deliver or transport marijuana from any fixed or mobile location, either inside or outside the town, to any person in the town, except as follows: a. A person may deliver or transport medical marijuana or medical marijuana products to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 113 62.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d). b. A licensed medical marijuana dispensary operating in compliance with Business and Professions Code sections 19300 et seq., may deliver medical marijuana or medical marijuana products to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 113 62.7, residing within the town. (7) Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state or federal law. D. Enforcement. The town may enforce this section in any manner permitted by law. Violation of this section shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the town, create a cause of action for injunctive relief. Tiburon Town Council Ordinance No. 570 N. S. DRAFT Effective--1--/2017 4 SECTION 3. SEVERABILITY. If any section, subsection, subdivision,paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty(30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and(2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen(15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and(2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on May 3, 2017, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on May 17, 2017, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Tiburon Town Council Ordinance No. 570 N. S. DRAFT Effective--1--/2017 5 Y TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard May 17, 2017 T Tiburon, CA 94920 Agenda Item: STAFF PO . To: Mayor & Members of the Town Council From: Community Development Department Subject: Smoking Ordinance Amendments: Consider Amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Munici 1 Code; File MCA2017-003; Town-initiated Amendments (Adop n of Ordinance) 1 Reviewed by: BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on May 3, 2017, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. PROCEDURE This is a Consent Calendar item. The Council's motion to adopt this item on the Consent Calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the Consent Calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 571 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 571 N. S. Prepared by: Scott Anderson,Director of Community Development F ORDINANCE NO. 571 N. S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE VI, CHAPTER 28 OF THE TIBURON MUNICIPAL CODE (SMOKING AND TOBACCO REGULATIONS) The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. On July 20, 2011 the Town Council adopted Ordinance No. 531 N. S. making substantial revisions to its smoking and tobacco regulations; said regulations were further amended in October 2014 by adoption of Ordinance No. 553 N. S. addressing electronic smoking devices. B. The Town Council now desires to further revise Tiburon's regulations concerning smoking and tobacco with respect to definitions, tobacco retailers, smoking in certain public areas, and posting of signs. C. The Town Council held a public hearing on May 3, 2017 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 the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. F. The Town Council finds 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. G. The Town Council finds these amendments are covered by the general rule that the California Environmental Quality Act(CEQA) applies only to projects that have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), and further finds that if the amendments were not covered by the above section, the amendments would be categorically exempt pursuant to Sections 15305, 15307 and/or 15308 of the CEQA Guidelines. Section 2. Amendments to Title VI, Chapter 28, Section 28-2. Title VI, Chapter 28 of the Tiburon Municipal Code is hereby amended as follows: (A) In Section 28-2, the definition of"Common interest complex" is amended to N Town of Tiburon Ordinance No. 571 N.S. (DRAFT) Effective--1--/2017 Page 1 read as follows: "Common interest complex"means a multi-unit residence that is a condominium project, a community apartment project, a stock cooperative, or a planned development as defined by California Civil Code section 4100, or successor sections thereto. (B) In Section 28-2, the definition of"Place of employment" is added to read as follows: "Place of employment" means any area under the legal or actual control of an employer that an employee or the general public may have cause to enter in the normal course of operation, regardless of the hours of operation, including, but not limited to, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges and restrooms, conference and banquet rooms, employee cafeterias, warehouses, long-term care facilities, and lobbies and hallways. A private residence is not a place of employment unless it is used as a child care or residential health care facility. (C) In Section 28-2,the definition of"Retail tobacco store" is amended to read as follows: "Retail tobacco store"means a retail store utilized primarily for the sale of tobacco products, tobacco paraphernalia, or smoking products, and in which the sale of other products is merely incidental. (D) In Section 28-2, the definition of"Service line" is hereby deleted. (E) In Section 28-2, the definition of"Service area" is added to read as follows: "Service area"means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to wait for or receive a service or make a transaction, whether or not such service or transaction involves the exchange of money. The term "service area" includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, transit shelters, ferry terminals, mobile vendor lines, or taxi cab stands. (F) In Section 28-2,the definition of"Smoking" is amended to read as follows: "Smoking"means engaging in an act that produces gas, particles, vapor or smoke by means of combustion, electrical ignition or vaporization, where the apparent or usual purpose of said act is the human inhalation of the byproducts. Town of Tiburon Ordinance No.571 N.S (DRAFT) Effective--1--/2017 Page 2 "Smoking" does not include acts where (a) the combustion or vaporization material contains no tobacco or nicotine and(b) the purpose is solely olfactory, such as producing smoke from incense. "Smoking" does include the use of a lighted pipe, lighted cigar or lighted cigarette, lighted hookah, electronic smoking device or other device of any kind containing tobacco, tobacco product, tobacco-like product, marijuana, spices, or any other plant or herbal materials to the extent that local regulation of such lighted device, product or material is allowed by law. (G) In Section 28-2, the definition of"Tobacco paraphernalia" is amended to read as follows: "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking,preparation, storing, or consumption of tobacco, marijuana, or other similar products. (H) In Section 28-2, the definition of"Tobacco retailer" is added to read as follows: "Tobacco retailer"means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, or smoking products within the corporate limits of the Town of Tiburon. "Tobacco retailing" shall mean the doing of any of the above. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. (I) Section 28-3 is amended to read as follows: Smoking is prohibited in all town-owned vehicles, including jitneys and buses and other means of public transit under the authority of the town, and in all enclosed residential and non-residential facilities, buildings, or structures owned, leased, occupied and/or controlled by the town. (J) Section 28-5(d)(4) is amended to read"Service areas". (K) Section 28-5(b) is amended to read as follows: (b)Notwithstanding any other provisions of this section, any owner, operator, manager or other person who controls any establishment, building, structure, or facility may declare that entire establishment, building, structure, or facility as a non-smoking establishment, building, or structure. Town of Tiburon Ordinance No. 571 N.S. (DRAFT) Effective 4--/2017 Page 3 (L) Section 28-8 is revised to read as follows: (a) Except as otherwise prohibited by applicable county, state or federal law, the following areas shall not be subject to the smoking restrictions of this chapter: (1) Private residences, except when used as a child care or residential health care facility, or except as set forth in Section 28-7; (2) Private vehicles not located in a multi-unit common area; (3) Retail tobacco stores, only if: (A) The retail tobacco store does not sell edible products, including, for example, food, water, or drinks, and does not allow such products to be consumed on the premises; and (B) The retail tobacco store prohibits minors from entering the store at all times. (4) Unenclosed areas where smoking is not otherwise prohibited by law; (5) An enclosed place of employment that employs only the owner and no other employee or employees, provided that: (A) The place of employment is not a public place, and (B) The enclosed area containing the place of employment does not share a ventilation system with any other enclosed place of employment or public place. (b)Nothing in this section shall be construed to prevent an owner, operator, manager or other person who controls any business, establishment or facility from declaring that entire business, establishment or facility as non-smoking. (M) Section 28-10 is amended to read as follows: (a) The person, employer, business or non-profit entity with legal or actual control of a building or area where smoking is prohibited by this chapter shall clearly and conspicuously post"No Smoking" signs at the entrances of every building, as well as in other areas under their control where smoking is prohibited under this chapter. However, where an entire building or premises is non-smoking, only entrances need be signed, provided that they are signed to that effect. (b) Every tobacco retailer, retail tobacco store, and every vendor of tobacco products shall visibly post signage pursuant to California Business and Professions Code section 22952, or successor sections thereto, which signage shall expressly reference California Penal Code section 308, or successor sections thereto, at the entrances of any premises subject to regulation under section 28-11 of this chapter and applicable county, state and/or federal law. (c) The absence of signs shall not be a defense to a violation of any provision of this chapter. Town of Tiburon Ordinance No. 571 N.S. (DRAFT) Effective--1--/2017 Page 4 (N) Section 28-11 is amended to read as follows: (a) Any person, business, tobacco retailer, retail tobacco store, or other establishment subject to this chapter shall post plainly visible signs at each point of purchase of tobacco products that state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED. THE FINE FOR BUYING TOBACCO FOR ANYONE UNDER 21 IS $200". The letters on said signs shall be at least one-half(1/2) inch tall. These signs shall be updated as necessary to conform to any subsequent state or federal requirements or amendments to Business and Professions Code section 22952 and/or Penal Code section 308(a) or successor sections thereto. (b)No person, business, tobacco retailer, or other establishment subject to this chapter shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as twenty-one (2 1) years or greater unless the seller has some clear and convincing basis for knowing the buyer's age. (c) It shall be unlawful for any person, business, tobacco retailer, or retail tobacco store to sell, permit to be sold, or offer for sale any tobacco product by means of self-service merchandising, or by any means other than vendor- assisted sales. (d)No person, business, tobacco retailer, retail tobacco store, or other establishment subject to this chapter shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. (e) Any person, business, tobacco retailer, retail tobacco store, owner, manager, or operator of any establishment subject to this chapter that violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine as set forth in Penal Code section 308(a) or successor sections thereto. 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 be in full force and effect thirty(30) days after the date of Town of Tiburon Ordinance No. 571 N.S. (DRAFT) Effective--1--/2017 Page 5 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 read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on May 3, 2017, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on May 17, 2017, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Town of Tiburon Ordinance No. 571 N.S. (DRAFT) Effective--1--/2017 Page 6 \ TOWN OF TIBURON Town Council Meeting � * May 17,2017 1505 Tiburon Boulevard Tiburon, CA 94920 Agenda Item: STAFF PO. To: Mayor & Members of the Town Council From: Community Development Department Subject: Amendments to View and Sunlight Regulations: Consider Amendments to Tiburon Municipal Code Title IV, Chapter 15 (View and Sunlight Obstruction from Trees); File MCA2017-005; Town- initiateAnondments (Adoption of Ordinance) Reviewed by: a BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on May 3, 2017, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. PROCEDURE This is a Consent Calendar item. The Council's motion to adopt this item on the Consent Calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the Consent Calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 572 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 572 N. S. Prepared by: Scott Anderson,Director of Community Development. ORDINANCE NO. 572 N. S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 15 OF THE TIBURON MUNICIPAL CODE (VIEW AND SUNLIGHT OBSTRUCTION FROM TREES) The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town Council adopted its current View and Sunlight Obstruction from Trees regulations in 1991, codified as Title IV, Chapter 15 of the Municipal Code. B. The Town Council has received information that the binding arbitration provisions set forth in Chapter 15 could result in unintended cost and other ramifications that detract from their intended purpose as originally set forth in the regulations, and the purpose of this amending ordinance is to remove the arbitration provisions from Chapter 15 of the Tiburon Municipal Code. Additional amendments are proposed to the mediation provisions, to certain definitions, and to various sections related to the arbitration provisions being removed. C. The Town Council held a public hearing on May 3, 2017 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 amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare, and that the amendments will have no deleterious effect on future use of the regulations for their intended purposes. 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 and other adopted ordinances and regulations of the Town of Tiburon. G. The Town Council finds that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061(b)(3). Town of Tiburon Ordinance No. 572 N.S. DRAFT Effective--1--/2017 Page I Section 2. Adoption of Amendments to the Tiburon Municipal Code. Title IV, Chapter 15 of the Tiburon Municipal Code is amended as follows: A. Section 15-11 of the Tiburon Municipal Code is hereby deleted. B. In Section 15-2 [Definitions], the definitions for"Arbitrator" and"Binding arbitration" are hereby deleted. C. In Section 15-2 [Definitions], the definition for"Oak tree" is modified to read as follows: "Oak tree," means any type of oak tree, including but not limited to coast live oak, blue oak, California black oak, interior live oak, canyon live oak, Engelmann oak or valley oak tree. D. In Section 15-2 [Definitions], the definition for"Tree claim" is modified to read as follows: "Tree claim" means the written basis for court action under the provisions of this chapter. E. Section 15-8(a) is modified to read as follows: Undesirable trees. By reason of their tall height at maturity, rapid growth, dense foliage, shallow root structure, flammability, breakability or invasiveness, certain types of trees have been deemed "undesirable" by the town, including Blue Gum Eucalyptus, Coast Redwood, Monterey Pine, Canary Pine, Monterey Cypress trees, or any other tree which generally grows more than three feet per year in height and is capable of reaching a height of over thirty-five feet at maturity. When considering restorative action for "undesirable" trees, aggressive action is preferred. F. Section 15-9(b) is hereby amended to read as follows: (b) (1) Mediation. If the initial reconciliation attempt fails, the complaining party shall propose mediation as a timely means to settle the obstruction dispute. (2) Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than thirty (30) days from service of notice to either accept or reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within twenty (20) days of the acceptance of mediation, or the offer of mediation shall be deemed to have been declined. (3) It is recommended that the services of a professionally trained mediator be employed. (4) The mediation meeting may be informal. The mediation process may Town of Tiburon Ordinance No. 572 N.S. DRAFT Effective--1--/2017 Page 2 include the hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the complaining party and the tree owner. Parties are encouraged to contact immediate neighbors and solicit input. (5) The mediator shall consider the purposes and policies set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute by written agreement in order to reduce the potential for litigation. The mediation shall be completed within sixty (60) days following mutual agreement upon the choice of mediator, unless extended by mutual consent of the parties, or the mediation shall be deemed to have failed. G. Section 15-9(b)(5) is hereby amended to read as follows: (5) The mediator shall consider the purposes and policies set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute by written agreement in order to reduce the potential for litigation. H. Section 15-10(a) is hereby amended to read as follows: (a) In the event that the initial reconciliation process fails, and mediation is either declined by the tree owner or fails, the complaining party must prepare a tree claim, and provide a copy to the tree owner, in order to pursue litigation under the authority established by this chapter. I. Section 15-12 is hereby amended to read as follows: (a) In those cases where the initial reconciliation process fails, and mediation is either declined by the tree owner or fails, then civil action may be pursued by the complaining party for resolution of the view or sunlight obstruction dispute under the rights and provisions of this chapter. (b) The litigant must state in the lawsuit that initial reconciliation failed and that mediation was either declined by the tree owner or failed, and that a copy of the lawsuit was filed with the town attorney. A copy of any order or settlement in the lawsuit shall also be filed with the town attorney. J. Section 15-13 is hereby amended to read as follows: (a) Cost of mediation. The complaining party and tree owner shall each pay fifty percent of mediation fees, unless they agree otherwise or allow the mediator discretion for allocating costs. Town of Tiburon Ordinance No. 572 N.S. DRAFT Effective--1--/2017 Page 3 (b) Cost of litigation. To be determined by the court or through a settlement. (c) Cost of restorative action. To be determined by mutual agreement or court order. K. Section 15-14 is hereby amended to read as follows: (a) The issuance of mediation findings or a court decision shall not create any liability of the town with regard to the restorative actions to be performed. (b) Failure of the town to enforce provisions of this chapter shall not give rise to any civil or criminal liabilities on the part of the town. 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 Rate. 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 read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on May 3, 2017, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on May 17, 2017, by the following vote: AYES: COUNCILMEMBERS: Town of Tiburon Ordinance No. 572 N.S. DRAFT Effective--1--/2017 Page 4 NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Town of Tiburon Ordinance No. 572 N.S. DRAFT Effective--1--/2017 Page 5 TOWN OF TIBURON Town Council Meeting Ma 17, 2017 1505 Tiburon Boulevard Y 1 Agenda Item: CC- Tiburon, CA 94920 g � ST REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: In T stment Summary—March 2017 Reviewed By: BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended March 31, 2017. ANALYSIS March 2017 Agency Interest Investment Amount Rate Maturity Town of Tiburon Local Agency Investment $21,607,921.26 0.821% Liquid Fund (LAIF) Money Market(Bank of $ 100,000.00 0.15% Liquid Marin) Total $21,707,921.26 The total invested at the end of the prior month was $22,207,921.26, therefore; the Town's investments decreased by $500,000 from February 2017. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing— safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for March 2017 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard AQendMlt m CC� d. Tiburon, CA 94920 b i. f �• STA REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Iny stment Summary—April 2017 Reviewed By: e BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended April 30, 2017. ANALYSIS April 2017 Agency Interest Investment Amount Rate Maturity Town of Tiburon Local Agency Investment $23,150,164.40 0.884% Liquid Fund (LAIF) Money Market(Bank of $ 100,000.00 0.15% Liquid Marin) Total 777777777 $23,250,164.40 The total invested at the end of the prior month was $21,707,921.26, therefore; the Town's investments increased by $1,542,243.14 from March 2017. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing—safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for April 2017 Prepared By: Heidi Bigall, Director of Administrative Services . Y TOWN OF TIBURON Town Council Meeting 3 w 1505 Tiburon Boulevard May 17, 2017 Tiburon, CA 94920 Agenda Item: CC STAFF PO . To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Renewal of Cooperation Agreement with County of Marin Regarding the Community Development Block Grant (CDBG) Program Reviewed By: /Z101/"C-1 BACKGROUND The federally-funded Community Development Block Grant (CDBG) program provides grants to local governments for housing, community facility, and human service programs serving lower- income people. Every three years, the Town of Tiburon (and all the other municipalities in Marin County) renews a cooperation agreement (The Agreement) with the County of Marin regarding CDBG funds and programs. This is necessary because of the small population of most municipalities in Marin; with the federal government defining "small" as less than 50,000 persons. The County of Marin has the staff and expertise to administer the CDBG program on behalf of the entire county. The Agreement enables residents and homeowners in Tiburon to apply for financial assistance through various federally-funded programs, such as the HOME Investment Partnership Act. The Agreement, last renewed in 2014, is about to expire and must be renewed by June 15, 2017 in order for the Town to continue participation in the program. The changes made to the Agreement are outlined in greater detail in a letter from the County of Marin's Community Development Department, which is attached as Exhibit 3. As was the case in the past, The Agreement calls for the formation of a Priority Setting Committee (The Committee), to which The Town may designate up to one representative to serve. Currently, Councilmember Doyle is Tiburon's representative on the Committee, with Mayor Fraser acting as alternate. As the Committee will not be meeting again until Fall 2017, staff will plan to return to Council at a future meeting to consider an appointment to the Committee. A resolution authorizing renewal and execution of the Agreement is attached as Exhibit 1. The draft Agreement is attached as Exhibit 2. FISCAL IMPACT Renewal of the Cooperation Agreement will have no fiscal impact on the Town. -1 ONv n Council Mccting RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the attached resolution. Exhibits: 1. Draft Resolution 2. Draft Agreement 3. Letter from Leelee Thomas, Federal Grants Division, Marin County Community Development Agency RESOLUTION NO. xx-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT WITH THE COUNTY OF MARIN WHEREAS, it is mutually desired by the Town of Tiburon and the County of Marin that they enter into a Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, in order to jointly undertake community development and housing assistance activities; and WHEREAS, the Town of Tiburon entered into such an agreement with the County of Marin for a three-year period, as adopted by Resolution No. 18-2014 on June 18, 2014; and WHEREAS, said Agreement is nearing expiration and both parties are desirous of renewing the Cooperation Agreement. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon approves and authorizes the Mayor to execute, on behalf of the Town of Tiburon, a three-year Cooperation Agreement with the County of Marin for the Community Development Block Grant and HOME Programs, and that the Town of Tiburon hereby adopts the policies included in the Cooperation Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 17, 2017, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK ]EXHIBIT NO. .'Jo Tiburon Town Council DRAFT Resolution No. xx-2017 05/17/2017 DRAFT COOPERATION AGREEMENT THIS AGREEMENT, entered into this day of 2017, by and between , hereinafter referred to as "City" and COUNTY OF MARIN, hereinafter referred to as "County." WITNESSETH WHEREAS, is a duly constituted municipal corporation under the laws of the State of California, and is empowered thereby to undertake essential community renewal and lower-income housing assistance activities; and WHEREAS, COUNTY OF MARIN is a duly constituted subdivision of the State of California, and is also empowered by State law to undertake essential community renewal and lower-income housing assistance activities; and WHEREAS, Government Code Sections 6500, et seq., authorize two or more public agencies to jointly exercise any power common to both; and WHEREAS, it is mutually desired by the parties hereto to enter into a Cooperation Agreement, in accord with the Housing and Community Development Act of 1974, as amended, and applicable Federal rules and regulations adopted pursuant thereto,whereby the parties shall jointly undertake community renewal and lower-income housing assistance activities, including those funded by the Community Development Block Grant Entitlement Program (CDBG), the HOME Investment Partnerships Program(HOME), and the Emergency Solutions Grants Program (ESG); and NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: 1. The parties hereto agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities, pursuant to the Housing and Community Development Act of 1.974, as amended, the HOME Investment Partnerships Act, as amended, and the Stewart B. McKinney Homeless Assistance Act, as amended. City agrees to undertake, or assist, n undertaking, community renewal and lower-income housing assistance activities. "This Agreement shall become effective October 1, 2017, and be in effect until terminated, but termination may not occur before September 30, 2020. In any event, this agreement shall remain in effect until the Community Development Block Grant, HOME Investment Partnerships Program,and Emergency Solutions Grants Program funds from appropriations for federal fiscal years 2018, 2019, and 2020 and any program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. Neither County nor City may terminate or withdraw from this Cooperation Agreement while it remains in effect. 2. Upon certification of Marin County, including all or a portion of the incorporated cities, as an "urban county" for federal fiscal years 2018, 2019, and 2020, under the Housing and Community Development Act of 1974, as amended, and applicable rules and regulations adopted pursuant thereto, a Priority Setting Committee shall be formed consisting of one(1) representative designated by each of the cities with a population over 50,000 and one(1) representative designated by the Board of Supervisors. All other participating cities and towns may each designate up to one representative. With mutual consent of the Board of Supervisors and each of the participating cities, the Priority Setting Committee may be expanded to include EXHIBIT NO. 2 one or more additional community rnember(s) who represent the interests of racial and ethnic minorities, individuals with disabilities, and/or other protected classes. Each representative shall have equal voting rights on the Committee. The Committee shall prepare a proposed budget for the use of funds, and any other documentation required by the U.S. Department of Housing and Urban Development(HUD)for the Community Development Block Grant Program, the HOME Investment Partnerships Program, and the Emergency Solutions Grants Program, including, but not limited to, a list of specific projects to be undertaken and priorities for implementation for both housing and community development projects. In preparing its proposed plans,project priorities, proposed budget, and other documentation, the Committee shall disseminate complete information to citizens of Marin County concerning its proposals and alternatives; shall conduct public hearings to obtain the views of citizens on community development and housing needs; and shall provide citizens with adequate opportunity to participate in the development of programs and priorities. To ensure adequate participation in the planning process, three planning areas will be designated which will include the cooperating incorporated cities as well as adjacent unincorporated areas. These will be the Novato Planning Area,the San Rafael Planning Area, and the Rural and Small Communities Planning Area. 3. After deduction of administrative expenses, forty percent(40%) of the net Community Development Block Grant monies and one hundred percent(100%)of the net HOME Investment Partnerships Program monies allocated annually to the County of Marin as an "urban county" under the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Act, as amended, shall be allocated for housing purposes on a countywide basis. The portion of CDBG funds described in the immediately preceding sentence shall be known as"CDBG Countywide Housing funds." Distribution of such funds will be made by the Board of Supervisors, on recommendation of the Priority Setting Committee. Such distribution will be consistent with HUD guidelines and evaluation criteria developed by participating cities and the county, to ensure consistency and facilitate implementation of countywide housing goals. 3. The.Priority Setting Committee will seek to allocate funds based on the principles of geographic equity and the general Community Development Block Grant funding distribution formula used by HUD to determine Marin County's allocation, the latest available countywide data on population,the extent of poverty, and the extent of housing overcrowding, with the provision that the extent of poverty be counted twice. I-lowever, a different distribution formula is hereby expressly authorized if and when necessary to comply with Title I of the Housing and Community Development Act of 1974, as amended. Recommendations for the use of funds shall be made by the Priority Setting Committee, as described above in Section 2, and then referred to the Marin County Board of Supervisors. The Marin County Board of Supervisors will make the final funding decisions. If any project submitted by County as a portion of the Community Development Block Grant documentation is found to be ineligible by HUD, the proposed project shall not be funded. In such an event, the County, acting in concert with the Priority Setting Committee may submit an alternative priority project which is within the original cost and in line with the stated needs and objectives of County, provided such a resubmission conforms with the rules and regulations of the Department of Housing and Urban Development for the administration of Title I of the Housing and Community Development Act of 1974, as amended. 4. Upon completion of Priority Setting Committee deliberations, the proposed budget and other documentation shall be submitted to the Marin County Board of Supervisors for review and approval. The Marin County Board of Supervisors will have final responsibility for selecting 3 Community Development Block Grant(CDBG), HOME, and ESG activities and submitting the Consolidated Plan and other documentation to HUD. 5. For any Planning Area with a population of 50,000 or more (according to population estimates issued by the U.S. Department of Housing and Urban Development),the system described in Section 3 of this Agreement for allocation of Community Development Block Grant funds will, at the option of the largest city in the Planning Area be modified as follows: The City Council of the largest city in the Planning Area will prepare the proposed list of projects for the use of(a)that Planning Area's funds, and (b)that Planning Area's "proportional share" of CDBG Countywide Housing funds allocated according to the formula described in Section 3 of this Agreement. The City Council will establish its own system for setting local funding priorities, but its process for selecting projects must include a public hearing and consistency with all regulations. The City Council must consider the needs of all eligible persons who reside within census tracts associated with the City, including those residing outside the city limits, but will not be subject to any quotas with regard to the type or location of projects. The resulting recommendations will be referred to the full Priority Setting Committee and then to the Marin County Board of Supervisors for review and approval. . The Priority Setting Committee will recommend allocation of HOME and ESG funds on a countywide basis, but may restrict the CDBG Countywide Housing finds remaining under its jurisdiction to geographic areas not implementing the provisions of this paragraph. This Section 5 shall not be applied in any year that the total Community Development Block Grant monies allocated to Marin County is less than $500,000. In any year that the total Community Development Block Grant monies allocated to Marin County is less than $500,000, the Priority Setting Committee will make all funding recommendations pursuant to the system described in Section 3. 6. City may terminate its participation in this Cooperation Agreement and membership on the Priority Setting Committee by a single majority vote of its governing body. Such termination shall take effect only at the end of the federal three-year urban county qualification period in which the action is taken. The next such qualification period will end September 30, 2020. Subsequent urban county qualification periods will end September 30 on every third year following that date. 7. This Cooperation Agreement shall not exempt any project from the required local government planning approval process. Community Development Block Grant,HOME, and ESG funds received by County may be allocated to projects only through the process described in this Cooperation Agreement. 8. Pursuant to the Cooperation Agreement, County, acting through the Board of Supervisors, shall be the primary general-purpose local governmental unit under the Housing and Community Development Act of 1974, as amended. It shall be the responsibility of County to apply for grants,to administer all funds received, and to undertake or assist in undertaking essential community renewal and lower income housing assistance activities. County shall have the authority to carry out activities which will be funded fi-om annual Community Development Block Grants, fi-om HOME Investment Partnerships Program funds, and from Emergency 4 Solutions Grants Program funds fi•orn Federal Fiscal Years 2018, 2019, and 2020 appropriations and from any program income generated from the expenditure of such funds. Records shall be kept by County in accordance with approved accounting procedures, and said records shall be available for public inspection at all times. 9. County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing. County, City, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974(which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and other applicable laws. Use of urban county funds for activities in, or in support of, any cooperating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification shall be prohibited. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to sub recipients, including the requirement of a written agreement as described in 24 CFR 570.503. County, City, all other cooperating cities, metropolitan cities,urban counties, units of general local government, Indian tribes, and insular areas that directly or indirectly receive funds provided under Title I of the Housing and Community Development Act of 1974, as amended, may not sell,trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 10. City shall inform County of any income generated by the expenditure of Community Development Block Grant funds, HOME Investment Partnerships Program funds, or ESG funds received by City. Any such program income shall be paid to County for use for eligible activities in accordance with all Community Development Block Grant, HOME Investment Partnerships Program, and ESG requirements as may then apply. County has the responsibility for monitoring and reporting to HUD on the use of any such program income,thereby requiring appropriate recordkeeping and reporting by City as may be needed for this purpose. In the event of close-out or change in status of City, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to County. 11. The following standards shall apply to real property acquired or improved in whole or in part using Community Development Block Grant, HOME,or ESG funds that is within the control of a participating City. a. City shall give County timely notification of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition. b. City shall reimburse County in an amount equal to the current fair market value(less any portion thereof attributable to expenditures of funds other than Community Development Block Grant, HOME, or ESG) of property acquired or improved with Community Development Block Grant, HOME, or ESG funds that is sold or transferred for a use which does not qualify under the Community Development Block Grant, HOME, or ESG regulations. 5 C. City shall pay to County any program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between County and City. Any program income shall be allocated by County for eligible activities in accordance with all Community Development Block Grant, HOME, or ESG requirements as may then apply. 12. The parties hereto agree that the final responsibility for analyzing needs, setting objectives, developing plans, selecting projects for community development and housing assistance, selecting Community Development Block Grant, HOME, and ESG activities, and filing the Consolidated Plan and other required documentation rests with County, as required by the Housing and Community Development Act of 1974, as amended. 13. The City shall defend, save, hold harmless and indemnify the County, its officers, agents and employees from all liabilities and claims for any fines,penalties, bodily injury, death, sickness or damages of any type from any cause whatsoever that arises from or is connected with (i)the City's failure to comply with any requirement of the CDBG Act and the HOME Act or the regulations, guidelines, bulletins or circulars that are issued pursuant thereto, and (ii) any City activity that is financed by funds granted hereunder pursuant to the CDBG Act and the HOME Act. Without limiting the foregoing, the provisions of this paragraph apply fully in the event the City participates in the Section 312 Federal Rehabilitation Loan Program in conjunction with the Community Development Block Grant and HOME Investment Partnerships Act programs. 14. By executing this Community Development Block Grant Program Cooperation Agreement, City understands that it may not apply for grants under the State Community Development Block Grant Program from appropriations for fiscal years during the period in which it participates in the urban county's Community Development Block Grant Program; that it will be part of the urban county for the HOME Program and ESG if the urban county receives HOME and ESG funding, respectively; that it may receive formula allocations under the HOME Program and ESG only through the urban county; and that, even if County does not receive a HOME formula allocation, City cannot form a HOME consortium with other local governments except through the urban county. This does not preclude City or County from applying to the State for HOME or ESG finds, if the State allows. 15. The cooperating unit of general local government has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and b. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. The phrase"cooperating unit of general local government"has the same meaning in this Cooperation Agreement as it does in HUD Notice#CPD-13-04. 6 IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first above written. COUNTY OF MARIN CITY OF By: By: Judy Arnold, President Board of Supervisors Mayor ATTEST: ATTEST: Deputy Clerk of the Board Clerk MASTER FORM APPROVED AS TO FORM: Tansha Bal Deputy County Counsel County of Marin COMMUNITY DEVELOPMENT AGENCY a HOUSING AND FEDERAL GRANTS DIVISION <= .................................................................................................................... COUNTY OF MARIN MEMORANDUM Brian C.Crawford DIRECTOR TO: City Managers Thomas Lai FROM: Leelee Thomas, Planning Manager ASSISTANT DIRECTOR SUBJECT: Renewal of Community Development Block Grant Cooperation Marin County Civic Center Agreements 3501 Civic Center Drive Suite 308 DATE: April 28, 2017 San Rafael,CA 94903 415 473 6269 T 415 473 7880 E The Community Development Block Grant Program (CDBG) provides grants from 415 473 2255 TTY the U.S. Department of Housing and Urban Development (HUD) to local www,marincaunty.org/plan governments for housing, community facility, and public service programs serving lower-income people. The Home Investment Partnerships Program (HOME) provides additional assistance for affordable housing activities. Marin County qualifies for both the CDBG and HOME programs because the cities have signed cooperation agreements to participate with the County government in a single joint countywide program. This qualifies Marin County as a HUD "urban county," enabling Marin to receive annual CDBG and HOME grant allocations established by formula. In 2014, all of the cities in Marin entered into three-year CDBG Cooperation Agreements enabling us to obtain formula funds as an urban county. In order to continue the CDBG and HOME programs in Marin County, we are asking all cities to renew their Cooperation Agreements by June 15, 2017. Major changes are possible in the CDBG and HOME program budgets; for 2017 the administration has proposed to cut the CDBG program by 50% and completely eliminate both programs in 2018. While we don't expect this outcome, there likely will be cuts. Based on these anticipated changes in the federal budget and directions from HUD staff, the Cooperation Agreements include some significant changes On April 4, 2017, the Countywide Priority Setting Committee reviewed and agreed in concept with these changes. The goals discussed were to insure that we serve the most vulnerable members of our community, use limited resources effectively and maintain a sustainable program. Below is a summary of the significant changes to the Cooperation Agreements. ❑ Reducing the planning areas from six to three; including San Rafael, Novato and the remainder of the County ❑ Funding recommendations will be made using geographic equity as a principle, especially in public services EXHIBIT NO. PG. 2 OF 2 0 Minor changes as required to comply with the latest HUD guidelines for CDBG Urban County qualification. HUD requires that the Cooperation Agreements be formally adopted by resolution. The following steps should be taken to continue your participation in the CDBG and HOME programs: 0 The Council should pass a formal resolution to approve and authorize the mayor to execute, on behalf of the city, a three-year Community Development Block Grant Cooperation Agreement with the County of Marin. For your convenience, a sample resolution is included at the end of this memo, but any resolution format that includes the wording underlined above will be sufficient. HUD requires that we submit a certified copy of the resolution. 0 The Mayor must sign 3 copies of the Cooperation Agreement--an original signature is required on each copy. HUD will not accept signature stamps. Each copy should be certified by the clerk. 0 By Thursday, June 15, County staff needs the 3 signed copies of the Cooperation Agreement and one certified copy of the resolution authorizing execution of the Agreement. The Agreements will then,be delivered to the Board of Supervisors for signature. In order to meet strict deadlines established by HUD, we request that this item be placed on the agenda of your next available Council meeting. Let me know if you would like me to attend your Council meeting, either to make a formal presentation, or to be available to answer any questions about the CDBG and HOME programs or the Cooperation Agreements. We will be contacting you to confirm the scheduling of the Cooperation Agreements at your Council meeting. If you have any questions, please call me at (415) 473-6697. We appreciate your continued assistance and understanding in helping us to meet the June 30 deadline. Your participation will enable us to continue the success of the CDBG and HOME programs in Marin. Please mail these items to me at. Leelee Thomas, Federal Grants Division Marin County Community.Development Agency 3501 Civic Center Drive, Room 308 San Rafael, California 94903 Enclosures: 2017 Cooperation Agreement Sample Resolution 2014 Cooperation Agreement and Resolution cc: City Clerk Priority Setting Committee Member ...........-............................................................................................................................................................,......................................................... ... COUNTY OF MARIN COMMUNITY DEVELOPMENT AGENCY 3501 Civic Center Drive Suite 308 Son Rafael,CA 94903 .i TOWN OF TIBLTRON Town Council Meeting 1505 Tiburon Boulevard May 17, 2017 � - Tiburon, CA 94920 Agenda Item r STAFF OR To: Mayor & Members of the Town Council From: Office of the Town Manager Subject: Consider Amendments to Membership Requirements For Town Counci Appointed Boards and Commissions Reviewed by: -4�4 J BACKGROUND The Town of Tiburon has established a number of Boards and Commissions of which the members are appointed by Town Council. These include: • Planning Commission • Design Review Board • Parks, Open Space and Trails Commission • Heritage and Arts Commission • Building Codes Appeals Board Staff has conducted a review of the composition and membership qualifications for each of these bodies and is recommending Council consider revisions to the Parks, Open Space and Trails Commission and Design Review Board. ANALYSIS Planning Commission (PC) The Planning Commission was established pursuant to Town Ordinance No. 444 N.S. The relevant part of the Ordinance regarding membership qualifications for the PC reads as follows: Section 2- 17. Composition: appointment and removal of members. The Planning Commission shall consist office (5) members, all of whom shall be residents of the Town of Tiburon. Members shall be appointed by the affirmative vote of a majority of the Town Council, and may be removed by the affirmative vote of a majority of the Town Council. Staff Recommendation: Staff believes due to the nature of the items heard by the Planning Commission,particularly regarding local land use issues, the requirement that all members be residents of Tiburon is appropriate, and therefore, is not recommending any changes to this requirement. Design Review Board (DRB) The DRB was established pursuant to Town Ordinance No. 444 N.S. Article IV, Section 2-17 of that Ordinance states "The Design Review Board shall consist of five (5) members, at least one of whom should be a professional architect. Members shall be appointed by the affirmative vote of a majority of the Town Council, and may be removed by the affirmative vote of a majority of the Town Council. " Staff Recommendation: Staff notes currently there is no requirement that members of the DRB be residents of Tiburon. Similar to the Planning Commission, staff believes that due to the nature, and localized concerns related to many of the issues heard by the DRB, Council should consider limiting membership on the DRB to Tiburon residents. If the Council concurs, staff will return to Council at a future meeting for a public hearing for consideration of an amended ordinance. Currently, all members of the DRB are Tiburon residents, and therefore, the recommended change will not affect any current members of the DRB. Parks, Open Space and Trails Commission (POST) In April 2008, the Town Council adopted Resolution No. 22-2008 establishing the Parks, Open Space and Trails Commission. Regarding membership requirements for POST, the Resolution reads as follows: Membership & Qualifications. The POST Commission shall initially be comprised of five (5) members whose qualifications shall be as follows: a) Four (4) members who must live in the Town of Tiburon. b) One (1) member who may live or work in Tiburon or on the greater Tiburon Peninsula (including the Town of Tiburon, City of Belvedere, Strawberry, or any other unincorporated portion of the Tiburon Peninsula) and has knowledge and/or experience with bicycle and/or pedestrian issues. c) Any non-Tiburon resident member shall recuse himself or herself from an item in those instances where there is a perceived conflict of interest with Belvedere, the Strawberry area, the Paradise Drive unincorporated area or wherever (outside of Tiburon) the member resides or owns property. Staff Recommendation: Staff believes given the diverse, localized nature of the issues heard by POST, and that, from time to time, concerns have been raised about the appropriateness of having a POST Commission member that does not reside in the Town of Tiburon, Council should consider limiting the membership of POST to Tiburon residents. Should the Council determine that Tiburon residency should be required for all POST Commission members, staff has prepared an amended draft resolution with revised membership and qualification provisions that read as follows: 2. Membership & Qualifications. The POST Commission shall be comprised of five (5) members, all of whom must be a resident of the Town of Tiburon. This change, if adopted, would result in the disqualification from POST of a current member, who is not a resident of the Town of Tiburon. The other four members of the Commission are Town of Tiburon residents. In order to provide for an orderly transition of this seat, the Resolution requires Mr. Winkler to vacate his seat effective July 31, 2017. ThlRt RC)\r Herital4e and Arts Commission (H&A) In November 2016, Town Council adopted Resolution No. 29-2016, which modified the membership and qualifications requirements for H&A. The relevant part of the Resolution reads as follows: Membership & Qualifications. The H&A Commission shall be comprised of seven (7) members whose qualifications shall be as follows: a) A minimum of four (4) members must be residents of the Town of Tiburon at the time of appointment. b) Up to two (2) members may be residents of the City of Belvedere at the time of appointment. c) One (1) member may be a resident of unincorporated territory located on the greater Tiburon Peninsula (including the Paradise Drive area and the Strawberry/Eagle Rock/Bay Vista area) at the time of appointment. Staff Recommendation: Given the primary role of H&A is as an advisory body to assist and encourage citizen participation in the cultural and artistic life of the community, staff believes the current membership requirements, which do allow non-residents of Tiburon to participate, are appropriate. Therefore, staff recommends no changes be made to these requirements at this time. Building Code Appeals Board (BLAB) In 2011, Town Council adopted Resolution No. 34-2011 related to BCAB. The relevant membership and qualifications portions read as follows: Membership. The BCAB shall be comprised of a) Five (S) regular members. b) Two (2) alternate members, who shall be called by the Chairman to hear appeals or serve at meetings during the absence or disqualification of any regular member. Alternate members shall possess the qualifications for BCAB membership. c) The Building Official shall act as secretary and staff support to the BLAB, but is not a member and shall have no vote on any matter before the BLAB. Qualifications. (a) By experience and training, as verified by the Building Official prior to appointment, BCAB members shall be qualified to rule upon matters pertaining to building construction; including building design, construction, and installation ofbuilding, electrical,plumbing, and mechanical systems, equipment and techniques. The following are recommended as guidelines for membership only: i. One member shall be a registered design professional with architectural experience or a builder or superintendent ofbuilding construction with at least ten years'experience,five of which shall have been in responsible charge of work. ii. One member shall be a registered design professional with structural engineering experience. iii. One member shall be a registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten _ years'experience,five of which shall have been in responsible charge of work. iv. One shall be a registered design professional with electrical engineering experience or an electrical contractor with at least ten years'experience,five of which shall have been in responsible charge of work. V. One member shall be a registered design professional with energy code and/or green building code compliance experience or a licensed roofing contractor with at least ten years'experience,five of which shall have been in responsible charge of work. (b) Tiburon residency is not a requirement. Staff Recommendation: The primary role of the BCAB is to act as an appeals board regarding decisions made by the Town Building Official related to interpretations of various aspects of the Town Building Code. Given the specialized knowledge and experience required to competently consider such appeals, staff believes the current membership requirements, which emphasize technical experience and knowledge over a requirement that members live in Tiburon , is appropriate. Therefore, staff is not recommending any changes to the membership requirements for BCAB at this time RECOMMENDATION Staff recommends that the Town Council consider the matter and 1. Adopt the attached Resolution, amending the membership requirements for the Parks, Open Space and Trails Commission to require all members of the Commission be Tiburon residents. 2. Direct staff to return to Council with a draft ordinance amending the membership requirements of the Design Review Board to require all members of the Board be Tiburon residents. EXHIBIT 1. Draft Resolution Prepared by: Greg Chanis,Town Manager __ _ _ ._. RESOLUTION NO. XX-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 22-2008 THAT ESTABLISHED THE TIBURON PARKS, OPEN SPACE & TRAILS COMMISSION AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON WITH RESPECT TO ITS MEMBERSHIP AND QUALIFICATIONS WHEREAS, on April 16, 2008, the Town Council adopted Resolution No. 22-2008 establishing the Tiburon Parks, Open Space & Trails Commission and setting forth its duties and qualifications, procedures for appointment and removal, terms of office, and other such information as necessary for the proper appointment and functioning of the POST Commission; and WHEREAS, the Town Council has determined that certain amendments are warranted with respect to the membership and qualifications provisions set forth in Resolution No. 22-2008. NOW, THEREFORE, BE IT RESOLVED that Section 2 (Membership and Qualifications) of Resolution No. 22-2008 is amended in its entirety to read as follows: 2. Membership & Qualifications. The POST Commission shall be comprised of five (5) members, all of whom must be a resident of the Town of Tiburon. BE IT FURTHER RESOLVED that, pursuant to the above amended membership requirements, the Town Council hereby removes Peter Winkler from his current POST membership, effective July 31, 2017. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2017, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: EXHIBIT NO. LEA STEFANI, TOWN CLERK Tiburon Town Council Resolution No.XX-2017 --1--/2017 1 Y >" TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard May 17,2017 Agenda Item: Tiburon, CA 94920 r7 V� STAFF PO . To: Mayor and Members of the Town Council From: Community Development Department Subject: Subdivision Ordinance Update: Consider Repeal of Current Subdivision Ordinance Provisions and Adoption of Comprehensively Updated Subdivision Regulations (Title IV, Chapter 14 of the Tiburon Municipal Code); File MCA2017-004; Town-initiated Amendments (Ordinance— Firs eading) Reviewed By: i BACKGROUND The Town of Tiburon's current subdivision regulations were adopted in 1993 and have not been updated or amended since. While the existing provisions have served the Town adequately over the past 24 years, a comprehensive update is necessary to address numerous changes in state law and to more accurately reflect current Town policies, practices, and standards. In addition to regulating actual subdivisions, Chapter 14 of the Municipal Code also provides local regulations for several non-subdivision entitlements such as lot line adjustments, lot mergers, and certificates of compliance, which are generally acted upon at the staff level and seldom reach the Planning Commission or Town Council, which would only occur on referral or appeal. ANALYSIS This subdivision ordinance update has been performed in-house, unlike the 1993 update that was prepared by an outside consultant. Due to the comprehensive nature of the update, it was not possible to create a redline version comparing the proposed regulations with existing provisions. The proposed regulations track closely with provisions of the state Subdivision Map Act, from which local subdivision regulations draw their authority. Therefore, much of the content is geared toward surveyors and civil engineers who prepare subdivision maps and applications, toward establishing due process of review for the various entitlements and permits, and toward ensuring proper recordation of instruments in official county records. As a result much of the content is strictly technical or procedural in nature. Certain Articles contain provisions tailored to the Town of Tiburon's particular geologic, geographic, and biologic circumstances; these include portions of Articles 2, 3, and 6. Overall, the ordinance makes for rather dry reading but is an important and required element of municipal land use regulation in California. General public use of the subdivision ordinance is quite limited. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting May l7,2017 Town staff has made a concerted effort to incorporate Tiburon General Plan prime open space policies into the design standards for subdivisions (Section 14-6.609), currently missing in the current subdivision ordinance that predate these policies. While most subdivisions in Tiburon occur in planned development zones and are subject to detailed zoning permit process and environmental review prior to reaching the subdivision permit stage, the rare exception could occur where the subdivision ordinance may act as the primary tool to apply General Plan policies and principles. The updated ordinance also references the Town's Landslide Mitigation Policy and various sets of standards currently used by Town staff in its review of development projects and their associated improvements. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act(CEQA)pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061(b)(3). STAFF RECOMMENDATION Staff recommends that the Town Council hold first reading of the proposed ordinance, waiving any additional readings. The procedure would be as follows: 1. The Town Council should hold a public hearing and consider any testimony. 2. If appropriate, move to read by title only and carry the motion; then read the title and hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. EXHIBITS 1. Draft ordinance repealing and adopting a new Chapter 14 of the Municipal Code. 2. Current Chapter 14 (Subdivision of Land) of the Municipal Code. Prepared By: Scott Anderson,Director of Community Development TOWN OF TIBURON PAGE 2 OF 2 P(%o P os e dt 1 ORDINANCE NO. XXX N. S. 2 3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF 4 TIBURON REPEALING MUNICIPAL CODE TITLE IV, CHAPTER 14 5 (SUBDIVISION OF LAND) AND ADOPTING A NEW TITLE IV, 6 CHAPTER 14 (SUBDIVISION OF LAND) 7 OF THE TIBURON MUNICIPAL CODE 8 9 The Town Council of the Town of Tiburon does ordain as follows: 10 11 Section 1. Findings. 12 13 A. The Town of Tiburon adopted its existing subdivision regulations in 1993, codified as 14 Title IV, Chapter 14 of the Municipal Code. 15 16 B. The Town Council has determined that substantive changes to the State of California 17 Subdivision Map Act and other regulations pertinent to subdivision of land and related 18 procedures and entitlements have changed during the intervening years and that the 19 Town's subdivision regulations are in need of updating. 20 21 C. The Town Council held a public hearing on May 17, 2017 and has heard and 22 considered any and all public testimony on this matter. 23 24 D. The Town Council finds that all notices and procedures required by law attendant to 25 the adoption of this Ordinance have been followed. 26 27 E. The Town Council finds that the adoption of this Ordinance is necessary for the 28 protection of the public health, safety, and welfare. 29 30 F. The Town Council has found that the adoption of this Ordinance would be consistent 31 with the goals and policies of the Tiburon General Plan and other adopted ordinances 32 and regulations of the Town of Tiburon. 33 34 G. The Town Council finds that adoption of this ordinance is statutorily exempt from the 35 requirements of the California Environmental Quality Act(CEQA)pursuant to Section 36 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, 37 and if found to be a project under CEQA, it would have no potential to result in an 38 adverse impact on the environment and is exempt pursuant to Section 15063(b)(3). 39 40 Section 2. Title IV, Chapter 14 Repealed. 41 42 Title IV, Chapter 14 of the Tiburon Municipal Code (Subdivision of Land) is hereby repealed. 43 44 Section 3. Title IV, Chapter 14 Adopted. 45 46 Title IV, Chapter 14 (Subdivision of Land) is added to the Tiburon Municipal Code to read 47 as follows: Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 1 I ATO® 1 2 CHAPTER 14. SUBDIVISION OF LAND 3 Sections: 4 Article 1. General Provisions 5 14-1.101 Title 6 14-1.102 Purpose 7 14-1.103 Applicability 8 14-1.104 Exceptions 9 14-1.105 Prohibitions 10 14-1.106 Certificate of Compliance 11 14-1.107 Reversion to Acreage 12 Article 2. Major Subdivisions 13 14-2.201 Applicability 14 14-1202 Tentativ6 Maps: Filing 15 14-2.203 Tentative Maps: Form and Contents 16 141204 Tentative Maps: Accompanying Data and Reports 17 14-2.205 Vesting Tentative Maps 18 14-2.206 Tentative Maps: Director of Community Development Review and Referral 19 14-2.207 Tentative Maps: Review by Town Engineer 20 14-2.208 Tentative Maps. Planning Commission and/or Town Council Action 21 14-2.209 Tentative Maps: Expiration and Extensions 22 14-2.210 Tentative Maps: Corrections and Amendments 23 14-2.211 Tentative Maps: Appeals 24 14-2.212 Final Maps: Filing 25 14-2.213 Final Maps: Form and Contents 26 14-2.214 Final Maps: Accompanying Data and Reports 27 14-2.215 Final Maps: Multiple Filings 28 14-2.216 Final Maps: ertif•ication and Approval by Town 29 14-2.217 Final Maps: Recordation 30 14-2.218 Final Maps: Corrections and Amendments 31 Article 3. Minor Subdivisions 32 143.301 Applicability; Tentative Map and Parcel Map Required 33 143.302 Parcel Maps: Filing Town of Tiburon Ordinance No.XXX N.S. Effective—1-12017 Page 2 1 14-3»303 Parcel Maps: Form and Contents 2 14-3.304 Parcel maps; Accompanying Data and Reports 3 14-3.305 ParcelMaps: Director of Community Development Review and Referral 4 14-3.306 Marcel baps: review by Town Engineer 5 14-3.307 Parcel Maps: Certification and Approval by Town 6 14-3.308 Parcel baps; Town Council Action 7 14-,3,309 Parcel baps; Acceptance of Dedications 8 14-1310 Parcel Flaps; Recordation 9 14-3x311 Parcel Maps: Corrections and Amendments 10 14-3,312 Parcel Map Waiver Procedure 11 Article 4. Lot Line Adjustments 12 144A01 Purpose 13 14•-4.402 Procedure 14 14-4.403 Findings 15 14-4.404 Appear 16 14-4.405 Recordation 17 Article 5. Parcel Mergers 18 14---5.501 Purpose 19 14-54502 Initiation by Town 20 14-5.503 Initiation by property Owner 21 14-5.504 Unmer ed Parcels 22 14-5.505 Appeals 23 Article 6. Improvements and Dedications 24 14-6x601 Purpose 25 14-6.602 Improvements Required 26 14-6.603 Improvement Agreements 27 14-6.604 Completion and Acceptance of Improvements 28 14-6.605 Dedications 29 14-6.606 Acceptance of Dedications 30 14-6.607 Recor ation of Dedications 31 14-6.608 Reservations 32 14-6¢609 Design Standards Town of Tiburon Ordinance No.XXX N.S. Effective 4--/2017 Page 3 1 Article 7. Condominium Conversions 2 14-7.701 Condominium and Other Projects 3 14-7.702 Conversions 4 Article 8. Covenant of Easement 5 148.801 General Provisions 6 14-8.802 Creation of Easement 7 148.803 Purposes of Easement 8 14-8.804 Common Ownership 9 14-8.805 Contents of Covenant 10 14-8.8036 Acceptance by Town Council 11 14-8.807 Recordation 12 14-8.808 When Effective 13 14-8.809 Enforceability 14 148.810 Release of Covenant 15 14-8.811 petition for Release 16 14-8.812 Fees 17 14-8.813 Hearing by Town Council 18 14-8.814 Findings 19 14-8.815 Release to Be Recorded 20 Article 9. Notice of Violation 21 14d9.9Q1 Tentative Notice of Violation 22 14-9.902 Response by Owner 23 14-9.903 Opportunity to present Evidence 24 14-9.904 Action by Planning Commission 25 14-9.905 Appeal 26 14µ9.906 Alternative Remedies 27 Town of Tiburon Ordinance No.XXXN. S. Effective--1--/2017 Page 4 1 Article 1. General Provisions 2 14-1.101 Title. 3 This chapter shall be known and may be cited as the"Town of Tiburon Subdivision Ordinance" or the 4 "subdivision regulations." 5 14-1.102 Purpose. 6 The purpose of the subdivision regulations is to regulate the division of land within the Town of Tiburon. 7 These provisions implement and supplement the requirements of the Subdivision Map Act found in 8 California Government Code Title 7, Division 2 concerning the design and improvement of subdivisions 9 and regulating other divisions of land within the Town including the form and content of all maps and 10 the procedure to be followed in securing official approval. 11 The provisions of this chapter are intended to: 12 (a) Protect and promote the public health, safety, peace and general welfare; 13 (b) Promote orderly growth and development; 14 (c) Ensure that the design and improvement of subdivisions is consistent with and promotes the goals 15 and policies of the General Plan; 16 (d) Protect and enhance property values; 17 (e) Provide for adequate traffic circulation; 18 (f) Ensure the availability of adequate public facilities; 19 (g) Protect existing affordable housing; and 20 (h) Provide for rational development of, and access to, adjacent properties. 21 14-1.103 Applicability. 22 These subdivision regulations apply to all parts of subdivisions lying wholly or partially within the Town 23 of Tiburon and to the preparation of maps required by the Subdivision Map Act. In instances where 24 provisions of this chapter are in direct conflict with mandatory provisions of the Subdivision Map Act, 25 the latter shall control. 26 14-1.104 Exceptions. 27 These subdivision regulations shall not apply to: Town of Tiburon Ordinance No.XXX N S. Effective--1--/2017 Page 5 1 (a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, 2 industrial buildings, commercial buildings, mobile home parks or trailer parks. 3 (b) Mineral, oil or gas leases. 4 (c) Land dedicated for cemetery purposes under the State Health and Safety Code. 5 (d) Any separate assessment under California Revenue and Taxation Code Section 2188.7 for 6 community apartment or cooperative housing projects. 7 (e) The conversion of a community apartment project or a stock cooperative to a condominium in 8 compliance with the requirements of Sections 66412(g) and (h) of the Subdivision Map Act. 9 (f) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or 10 industrial buildings on a single parcel, unless the project is not subject to review under other ordinances 11 regulating design and improvements. 12 (g) The financing or leasing of existing separate commercial or industrial buildings on a single parcel. 13 (h) The construction, financing or leasing of Accessory Dwelling Units or Junior Accessory Dwelling 14 Units subject to the provisions of Chapter 16 of the Municipal Code. 15 (i) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock. 16 (j) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for 17 financing, erection, and sale or lease of a wind powered electrical generation device or solar electrical 18 generation device which is subject to discretionary action by the Town. 19 (k) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or 20 similar right on a portion of a parcel, to a telephone corporation, as defined in California Public Utilities 21 Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, 22 including, but not limited to, antennas, transmission equipment, support structures, microwave dishes, 23 structures to house cellular communications transmission equipment, power sources, and other 24 equipment incidental to the transmission of cellular communications, if the project is subject to 25 discretionary action by the Town Manager, Town Engineer, Planning Commission or Town Council. 26 (1) Boundary line or exchange agreements to which the State Lands Commission or a local agency 27 holding a trust grant of tide and submerged lands is a party. 28 (m) Any separate assessment under Section 2188.7 of the Revenue and Taxation Code. Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 6 1 14-1.105 Prohibitions. 2 (a) Except as otherwise provided in subsection (b) of this section: 3 (1) No person shall offer to sell or lease, contract to sell or lease, sell or lease, or finance 4 any parcel of real property, or commence the construction of any building for sale, lease, or 5 financing thereon except for model homes, or allow the occupancy thereof, for which a 6 tentative map and corresponding parcel map or final map is required by the provisions of 7 this chapter or the Subdivision Map Act until a corresponding final map, in full compliance 8 with the provisions of this chapter and the Subdivision Map Act, has been filed for record in 9 the office of the Marin County Recorder. 10 (2) The conveyance of any part of a division of real property for which a final or parcel 11 map is required by the provisions of this chapter or the Subdivision Map Act shall not be 12 made by parcel or block number, initial, or any other designation, unless and until such 13 map has been filed for record in the office of the Marin County Recorder. 14 (3) No permit for the construction of a building'or the use of land shall be issued that does 15 not comply with the provisions of this chapter and the Subdivision Map Act. 16 (4) The provisions of this subsection shall not apply to any parcel of a subdivision offered 17 for sale or lease, contracted for sale or lease, or sold or leased in compliance with or 18 exempt from any law, including Town laws, regulating the design and improvement of 19 subdivisions in effect at the time the subdivision was established. 20 (5) Any deed of conveyance, sale, or contract to sell made contrary to the provisions of 21 this chapter, in addition to being a misdemeanor, shall be voidable to the extent and in the 22 same manner provided in the Subdivision Map Act. 23 (b) Persons may offer to sell or contract to sell a parcel split prior to the approval thereof in 24 accordance with the provisions of this chapter only if the offer to sell or contract to sell provides in 25 writing that the transfer of the title and the close of the escrow, if any, are conditioned upon the 26 approval of the final or parcel map, in accordance with the provisions of this chapter, prior to the 27 consummation of the sale. 28 14-1.106 Certificate of Compliance. 29 (a) A person owning real property or a vendee of such person under a contract of sale may request a 30 certificate of compliance from the Director of Community Development indicating whether the real 31 property complies with the provisions of the Subdivision Map Act and this chapter. A written application 32 for a certificate of compliance shall be accompanied by a current preliminary title report showing the Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 7 1 legal owner of the property, chain of title, and any other such information as reasonably required in the 2 discretion of the Director. 3 (b) If the Director of Community Development determines that the real property complies with the 4 provisions of the Subdivision Map Act and this chapter, the Director shall file a certificate of compliance 5 for recording with the Marin County Recorder. The certificate of compliance shall identify the real 6 property and shall state that the division thereof complies with the provisions of the Subdivision Map 7 Act and this chapter. 8 (c) If the Director of Community Development determines that the real property does not comply with 9 the provisions of the Subdivision Map Act or this chapter, the Director may, as a condition to granting a 10 certificate of compliance, impose conditions in accordance with Section 66499.35(b) of the Subdivision 11 Map Act. Upon the Director of Community Development's making such a determination and 12 establishing such conditions, the Director shall file a conditional certificate of compliance for record with 13 the Marin County Recorder. The certificate shall serve as notice to the property owner and any 14 successor that the fulfillment and implementation of such conditions shall be required before 15 subsequent issuance of a permit or other grant of approval for development of the property. 16 Compliance with such conditions is not required until the Town issues a permit or other grant of 17 approval for development of the property. 18 (d) The Director's decision on issuance of a certificate of compliance may be appealed to the Town 19 Council in accordance with the appeal procedures in Article 6 of Chapter 16. 20 (e) A recorded final map or parcel map constitutes a certificate of compliance with respect to the 21 parcels of real property described on the map. 22 (f) The applicant for a certificate of compliance shall pay the Town a fee to cover the reasonable cost 23 of processing the application as set forth in the applicable Town fee schedule(s). 24 (g) The Town of Tiburon has required the filing of maps for subdivisions since its incorporation on 25 June 23, 1964. Prior to the incorporation of Tiburon, the County of Marin did not require the filing of 26 maps for the division of property into three (3) or fewer lots. However, the County of Marin did require 27 the filing of maps for divisions of land into four(4) or more parcels beginning in 1932. The above 28 information is provided pursuant to Section 66412.6 of the Subdivision Map Act. 29 14-1.107 Reversion to Acreage. 30 Reversion to acreage shall be processed in accordance with the applicable provisions of the 31 Subdivision Map Act. Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 8 1 Article 2. Major Subdivisions 2 14-2.201 Applicability. 3 A tentative and final map shall be required for all subdivisions creating five (5) or more parcels, five (5) 4 or more condominiums as defined in California Civil Code Section 783, a community apartment project 5 containing five (5) or more parcels, for the conversion of a dwelling to a stock cooperative containing 6 five (5) or more dwelling units, or for an undivided interest project containing five (5) or more residential 7 dwelling units in which five (5) or more individuals own an undivided interest coupled with the right of 8 exclusive occupancy of any unit located thereon, except where any of the following apply: 9 (a) The land before division contains less than five (5) acres, each parcel created by the division 10 abuts upon a maintained public street or highway and no dedications or improvements are required by 11 the Town. 12 (b) Each parcel created by the division has a gross area of twenty (20) acres or more and has an 13 approved access to a maintained public street or highway. 14 (c) The land consists of a parcel or parcels of land having approved access to a public street or 15 highway, which comprises part of a tract of land zoned for industrial or commercial development, and 16 which has the approval of the Town as to street alignments and widths. 17 (d) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less 18 than a quarter of a quarter section. 19 (e) The land being subdivided is solely for the creation of an environmental subdivision pursuant to 20 Section 66418.2 of the Subdivision Map Act. 21 A parcel map pursuant to Article 3 shall be required for those subdivisions described in subsection (a), 22 (b), (c), (d), or(e) of this section or those creating four(4) or fewer parcels. 23 14-2.202 Tentative Maps: Filing. 24 Ten (10) paper sets of a tentative map, prepared as described in Section 14-2.203, and ten (10) 25 reduced size (11" by 17") paper sets, shall be filed with the Director of Community Development, 26 accompanied by an application form provided by the Director, data and reports as set forth in Section 27 14-2.204, filing fees as set forth in the applicable Fee Schedule(s) of the Town of Tiburon, and all items 28 listed on the Town's Tentative Map Application, or any successor thereto, which is available on the 29 Town of Tiburon's official website. If the subdivision lies partially within two (2) or more municipalities, 30 the tentative map shall be filed with each municipality and acted upon by each. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 9 1 14-2.203 Tentative Maps: Form and Contents. 2 (a) General. A tentative map shall be based upon a field survey made in conformity with the Land 3 Surveyors Act, shall be prepared by or under the direction of a land surveyor registered in the State of 4 California or a civil engineer registered in the State of California who is authorized to perform land 5 surveying, shall be legibly drawn, shall include a description of the real property being subdivided and 6 the names, addresses, telephone numbers, and email addresses of the persons preparing and filing 7 the map, and shall conform to the requirements of this section and the Subdivision Map Act. 8 (b) Map Sheets. The size of each sheet shall be twenty-two inches (22") by thirty-four inches (34"). A 9 marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one 10 inch (1"). The scale of the map shall be large enough to show all details clearly and enough sheets 11 shall be used to accomplish this. The number of each sheet and the total number of sheets comprising 12 the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly 13 shown. The subdivision number shall be shown on each sheet. One (1) or more reduced sets of the 14 map sheets may also be required to be submitted, as specified by the Director of Community 15 Development. 16 (c) Scale, North Arrow, Basis of Bearings, and Elevation Datum. Each sheet shall include a scale, 17 north arrow, and basis of bearings based on previously recorded final maps, parcel maps, or records of 18 survey in the vicinity of the site. The basis of bearings shall be approved by the Town Engineer. 19 Elevation datum shall be NAVD 1988 unless specifically authorized in writing by the Town Engineer. 20 (d) Boundaries and Monuments. The exterior boundaries of the land included within the subdivision 21 shall be clearly indicated by distinctive symbols. The map shall show the definite location of the 22 subdivision, and its relation to surrounding surveys. Town boundaries that cross or join the subdivision 23 shall be clearly designated. The location of all existing and proposed monuments shall be shown based 24 on the required survey. The map shall include a sufficient legal description, including all bearings, tract 25 and lot identification, and distances, of the land as to define the boundaries of the area to be divided, 26 including and describing all monuments found or set. The engineer or surveyor shall set sufficient 27 durable monuments to conform to the standards described in California Business and Professions 28 Code Section 8771 so that another engineer or surveyor may readily retrace the survey. 29 (e) Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to 30 determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the 31 subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to 32 existing monuments used to establish the boundary. Bearing and distance of all straight lines, and arc 33 length, radius, total central angle and radial bearings of all curves shall be shown. Ditto marks shall not 34 be used in the dimensions and data shown on the map. Town of Tiburon Ordinance No.XXX N.S. Effective--1--12017 Page 10 1 (f) Parcels. The location of each parcel shall be shown, including the exact layout, bearings, 2 dimensions and area of each parcel. New lot lines shall be shown as solid lines, and original lot lines 3 shall be dashed lines. Each parcel shall be numbered or otherwise designated. Each parcel must be 4 shown completely on one (1) sheet; if more than one (1) sheet is required to show a parcel, the first 5 sheet shall contain a small-scale, un-dimensioned map of the entire parcel. The location of any 6 remainder of the original parcel shall be shown, but if such remainder has a gross area of five(5) acres 7 or more, then it need not be shown as a matter of survey, but only by reference to the existing record 8 boundaries of such remainder. Minimum lot size and width shall be in conformance with the 9 requirements of Chapter 16 of the Municipal Code, and as set forth in Section 14-6.609(c). 10 (g) Streets. The locations, names, and widths of all existing adjacent highways, streets, and ways 11 and the width of all proposed highways, streets, and ways within the subdivision shall be shown. Each 12 proposed highway, street, and way shall be named or otherwise designated, and a cross-sectional 13 drawing of each shall be provided on the map. 14 (h) Easements. The widths and locations of all existing and proposed easements for drainage, 15 sewers, and public utilities shall be shown. Easements for roads or streets, paths, stormwater drainage, 16 sanitary sewers, or other public use as may be required, shall be dedicated to the public for acceptance 17 by the Town or other public agency, and the use shall be specified on the map. 18 (1) All easements of record shall be shown on the map, together with the name of the 19 grantee and sufficient recording data to identify the conveyance, such as the County 20 Recorder's serial number and date, or book and page of official records. 21 (2) Easements not disclosed by the records in the office of the County Recorder and 22 found by the surveyor or engineer to be existing shall be specifically designated on the 23 map, identifying the apparent dominant tenements for which the easement was created. 24 (3) The sidelines of all easements of record shall be shown by dashed lines on the final 25 map with the widths, lengths and bearings of record. 26 (4) The width and location of all proposed easements shall be approved by the Town 27 Engineer. 28 (i) Existing Drainage Courses. All existing drainage courses, creeks and waterways shall be identified 29 and shown. 30 Q) Existing Buildings and Improvements. The location of existing buildings and improvements and 31 their relationship to the existing and proposed lot lines shall be shown. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 11 1 (k) Adjoining Properties. All adjoining property shall be identified by subdivision number, or name 2 when not identified by official number, and by reference to the book and page number of the filed map 3 showing such subdivision. If no such subdivision is adjacent, the adjoining property shall be identified 4 by the name of the owner and by reference to the recorded deed by book and page number for the last 5 recorded owner of such adjacent property. 6 (1) Owners' Consent. The tentative map shall indicate the names, addresses, telephone numbers and 7 email addresses of all parties having any record title interest in the real property to be subdivided, and 8 shall include a certificate, signed and acknowledged by all such parties, consenting to the preparation 9 and recordation of the final map, except as provided in Section 66436 of the Subdivision Map Act. 10 14-2.204 Tentative Maps: Accompanying Data and Reports. 11 The tentative map shall be accompanied by the following data and reports as may be required by the 12 Director of Community Development or Town Engineer. 13 (a) Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative 14 map, along with two (2) copies of all deeds, easements, and "exception" documents listed on the title 15 report. 16 (b) Soils Report. Unless waived in writing by the Director of Community Development and Town 17 Engineer, the preparation of a preliminary soils report is required. If a preliminary soils report indicates 18 the presence of critically expansive soils, location of landslides, liquefaction or other soil problems 19 which, if not corrected, could lead to structural defects, the soils report accompanying the final map 20 shall contain an investigation of each lot within the subdivision. The Director or Town Engineer may 21 require additional information or reject the report if it is found to be incomplete, inaccurate or 22 unsatisfactory. The preliminary soils report may be waived if the Director or Town Engineer determines 23 that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary. 24 (c) Geotechnical Report. A geotechnical report that evaluates seismic hazards and recommends 25 appropriate mitigation measures, prepared in compliance with the requirements of the State Seismic 26 Hazard Mapping Act, shall be submitted with the tentative map. The report shall identify mitigation 27 measures that will be incorporated into the design of the subdivision to mitigate hazards from 28 liquefaction, landslides and other seismic hazards subject to approval by the Town Engineer and the 29 Director of Community Development. With respect to landslide mitigation, the geotechnical report will 30 address and provide mitigation consistent with the Town of Tiburon's currently adopted Landslide 31 Mitigation Policy. A professional independent review of the geotechnical report may be required by the 32 Town Engineer or Director at the applicant's expense, with the independent reviewer to be selected by 33 the Town. Town of Tiburon Ordinance No.XXX N.S. Effective--1--12017 Page 12 1 (d) Preliminary Drainage Plan. A preliminary drainage plan that shows areas for treatment and 2 storage of stormwater complying with the stormwater management requirements of Chapter 20A of the 3 Tiburon Municipal Code for the two (2) year storm. Provide calculations for determining these areas. 4 Said plan shall also show areas for storage and detention of stormwater to needed to provide sufficient 5 capacity to allow the storm drain system to convey the one-hundred (100) year storm. At the tentative 6 map stage these areas need not be based on complete hydrology and hydraulic calculations. 7 (e) Environmental Site Assessment. The Director of Community Development and/or Town Engineer 8 may require the preparation of a Phase I environmental site assessment to determine the probable 9 existence of any hazardous waste on the property, including contamination of soil, groundwater, or 10 surface water. Such report shall be based on reasonably available knowledge of the property, 11 including, but not limited to, historical use of the property, prior releases, visual and other surveys, 12 records, consultant reports, and regulatory agency correspondence. The exact form and content of the 13 report shall be as specified by the Director or Town Engineer. If the report concludes that hazardous 14 waste may exist on the property, further evaluation and/or remediation may be required as a condition 15 of approval of the tentative map. 16 (f) Environmental Review Information. Where applicable, the subdivider shall provide additional data 17 and information and pay such fees as may be required for the preparation and processing of 18 environmental documents pursuant to the California Environmental Quality Act. 19 (g) A Land Capacity Report(LCR) shall be required with all applications for major subdivision for 20 which a precise development plan is not required pursuant to Chapter 16. 21 (1) Submittal. An LCR shall be submitted before or in conjunction with the tentative map 22 application for subdivision. 23 (2) Contents. An LCR shall contain the following: 24 a. A slope map depicting existing conditions and which shows, by shading or 25 other clear means, areas of slope less than twenty percent, areas of slope twenty 26 percent to thirty percent, areas of slope thirty percent to forty percent, and areas of 27 slope in excess of forty percent. The acreage of each slope category shall be 28 estimated. 29 b. A resource conservation analysis consisting of text and maps describing the 30 land features and environmental resources including an identification and analysis of 31 the following: 32 (i) Flood plains and areas where ponding may occur; 33 (ii) Geologic and soils conditions; 34 (iii) Hydrology; 35 (iv) Existing trees and areas of riparian vegetation; 36 (v) Scenic areas; Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 13 1 (vi) Rare or endangered plant and animal species and habitat areas; 2 (vii) Rock outcroppings; 3 (viii) Existing roads, trails and pathways; 4 (ix) Primary wildlife habitats and resources, including movement corridors; 5 (x) Cultural resources such as archaeological, historical and paleontological; 6 (xi) Knolls, ridges and other promontories where long-range views are seen; 7 (xii) Other noteworthy or unusual site characteristics. 8 (3) Waiver. An LCR may be waived by the Director of Community Development where a 9 finding is made that the report would serve no useful purpose. 10 (4) Notice. A determination by the Director to waive the requirement, or a refusal to do so 11 after a waiver is requested by the applicant, shall be reported in writing to the applicant 12 and to the Planning Commission within ten days of such decision. 13 (5) Planning Commission action. The Planning Commission shall, at its next regular 14 meeting following receipt of such decision, affirm or reverse the Director's decision. 15 The decision of the Planning Commission shall be final. 16 (h) Other Reports. Any other data or reports deemed necessary by the Director of Community 17 Development and/or the Town Engineer shall be submitted with the tentative map. 18 14-2.205 Vesting Tentative Maps. 19 (a) Applicability. 20 (1) Whenever a provision of the Subdivision Map Act, as implemented and supplemented 21 by these subdivision regulations, requires the filing of a tentative map, a vesting tentative 22 map may instead be filed, in accordance with the provisions of this section. 23 (2) If a subdivider does not seek the rights conferred by a vesting tentative map, the filing 24 of a vesting tentative map shall not be a prerequisite to any approval for any proposed 25 subdivision, permit for construction, or work preparatory to construction. 26 (3) No land shall be subdivided and developed pursuant to a vesting tentative map for 27 any purpose that is inconsistent with the General Plan and any applicable specific plan, or 28 not permitted by this title or other applicable provisions of the Municipal Code, 29 (b) Procedures. 30 (1) Filing and Processing. A vesting tentative map shall be filed in the same form and 31 have the same contents, accompanying data and reports and shall be processed in the Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 14 1 same manner as set forth in this article for a tentative map, except as follows: 2 a. At the time a vesting tentative map is filed, it shall have printed conspicuously on 3 its face the words"Vesting Tentative Map." 4 b. In addition to the submittal requirements set forth in Sections 14-2.202 through 5 14-2.204 inclusive, a vesting tentative map shall be accompanied by the following 6 plans and calculations when deemed necessary by the Director of Community 7 Development: 8 i. Structural plans for any buildings or structures proposed to be constructed 9 on the subdivided property in compliance with the building regulations in 10 Chapter 13. 11 ii. Energy calculations for any buildings proposed to be constructed on the 12 subdivided property in compliance with the building regulations in Chapter 13. 13 c. A subdivider shall obtain all discretionary approvals that will be required under 14 this title in conjunction with the approval or conditional approval of the vesting 15 tentative map in order to construct the development including, but not limited to, 16 general plan amendments, rezoning or zoning text amendments, conditional use 17 permits, variances, and site plan and architectural review approvals. An application 18 for a vesting tentative map shall be determined to be incomplete if other required 19 discretionary permit applications have not been submitted at the same time. 20 d. Upon filing a vesting tentative map, the subdivider shall pay the fees required by 21 the Town for the filing and processing of a tentative map as set forth in the applicable 22 Town Fee Schedule(s). 23 (2) Applications Inconsistent with Zoning. If the Town determines that a vesting tentative 24 map is inconsistent with the zoning of the property, the Town may deny the vesting 25 tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining 26 the necessary zoning changes to eliminate the inconsistency. If the necessary zoning 27 changes are obtained, the approved or conditionally approved vesting tentative map shall 28 confer the vested right to proceed with the development in substantial compliance with the 29 zoning changes as approved. 30 (c) Vesting of Development Rights. The approval or conditional approval of a vesting tentative map 31 shall confer a vested right to proceed with development in substantial compliance with the ordinances, Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 15 1 policies and standards in effect at the time that the application is determined to be complete by the 2 Town pursuant to California Government Code Section 66474.2 subject to the following: 3 (1) Any fees required for development under an approved vesting tentative map shall be 4 payable at the rates in effect at the time such fees are due. 5 (2) A subsequent permit, approval, extension, building permit, or entitlement may be 6 made conditional or denied pursuant to later ordinances, policies and standards if any of 7 the following are determined: 8 a. A failure to do so would place the residents of the subdivision or the immediate 9 community in a condition dangerous to their health or safety. 10 b. The condition or denial is required, in order to comply with State or Federal law. 11 (d) Expiration and Extension. 12 (1) The approval or conditional approval of a vesting tentative map shall expire at the end 13 of the same period, and shall be subject to the same extensions that this article establishes 14 for the expiration of the approval or conditional approval of a tentative map. 15 (2) Following the recording of a final map, the vested development rights shall last for the 16 following periods of time: 17 a. An initial time period of one year beyond the recording of the final or parcel map. 18 Where several final maps are recorded on various phases of a project covered by a 19 single vesting tentative map, this initial time period shall begin for each phase when 20 the final map for that phase is recorded. 21 b. The initial time period set forth in subsection (d)(2)(a) of this section shall be 22 automatically extended by any time used for processing a complete application for 23 discretionary approvals for the proposed development, including, but not limited to, 24 General Plan amendments, zoning changes, conditional use permits, variances, 25 design review or grading permits if such processing exceeds thirty(30) days from the 26 date a complete application is filed. 27 (3) A subdivider may apply to the Planning Commission for a one (1) year extension at 28 any time before the initial time period set forth in subsection (d)(2)(a) of this section 29 expires. If the extension is denied, the subdivider may appeal that denial to the Town 30 Council pursuant to Article 6 of Chapter 16. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 16 1 (4) If the subdivider submits a complete application for a building permit prior to the 2 expiration of the final or parcel map, the development rights shall continue until the 3 expiration of such building permit or the expiration of any extension of that permit. 4 14-2.206 Tentative Maps: Director of Community Development Review and Referral. 5 (a) Determination of Complete Application. The Director of Community Development shall determine 6 whether an application is complete within thirty (30) days after receipt of the application and shall notify 7 the applicant of the determination in writing. A tentative map application shall be accepted for filing only 8 when the Director of Community Development determines that: 9 (1) All maps and information required by these subdivision regulations and the 10 Subdivision Map Act have been submitted, checked and accepted as complete. 11 (2) All information required to conduct environmental review in compliance with the 12 California Environmental Quality Act has been submitted. 13 (3) The required fees and deposits as set forth in the applicable Town fee schedule(s) 14 have been paid. 15 (b) Referral. Within five (5)days of the Director's determination that a tentative map application is 16 complete, the Director shall forward copies of the application to the Town Engineer, other affected 17 Town departments, public agencies, utilities, and other interested parties. The affected public agencies 18 and utilities may, in turn, forward to the Director their findings and recommendations. 19 14-2.207 Tentative Maps: Review by Town Engineer. 20 The Town Engineer shall review the form and contents of the tentative map and accompanying data 21 and reports pursuant to the requirements of this chapter and any additional requirements established 22 by the Town Engineer, and shall convey his or her comments to the subdivider's engineer or surveyor. 23 The subdivider's engineer or surveyor shall make corrections and/or additions until the map is 24 acceptable to the Town Engineer. 25 14-2.208 Tentative Maps: Planning Commission and/or Town Council Action. 26 (a) Public Hearing. The Planning Commission and/or Town Council shall hold a public hearing on a 27 tentative map pursuant to Section 66451.3 of the Subdivision Map Act and the review authorities set 28 forth in Article 6 of Chapter 16. The Director of Community Development shall prepare and distribute a 29 staff report pursuant to Section 66452.3 of the Subdivision Map Act, including distribution of the staff 30 report at least three (3) days prior to the hearing to the subdivider and, in the case of a proposed 31 conversion of residential real property to a condominium project, community apartment project, or stock 32 cooperative project, to each tenant of the subject property. Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 17 1 (b) Action Required. After conducting a public hearing, the Planning Commission or Town Council, 2 pursuant to their respective authorities, shall approve, conditionally approve, or deny a tentative map 3 within fifty (50) days after certification of an environmental impact report, adoption of a negative 4 declaration or determination that the project is exempt from the requirements of the California 5 Environmental Quality Act. 6 (c) Findings. A tentative map may be approved or conditionally approved only if all of the following 7 findings are made: 8 (1) Consistency. The proposed subdivision, together with the provisions for its design and 9 improvement, is consistent with the General Plan, any applicable specific plan, precise 10 development Plan or area plan, these subdivision regulations, and other applicable 11 provisions of the Tiburon Municipal Code. 12 (2) Lot Width, Area, and Design. The proposed lots are of such width, area, and design 13 as the review authority finds to be necessary to preserve the purpose and intent of this 14' chapter''and other applicable provisions of the Tiburon Municipal Code. 15 (3) Passive or Natural Heating and Cooling. The design of the subdivision will provide, to 16 the extent feasible, for future passive or natural heating and cooling features in accordance 17 with Section 66473.1 of the Subdivision Map Act. 18 (4) Availability of Water. Water will be available and sufficient to serve a proposed 19 subdivision in accordance with Section 66473.7 of the Subdivision Map Act. 20 (5) Site Suitability. The site is physically suitable for the type and density of development 21 proposed. 22 (6) Fish and Wildlife. The design of the subdivision and the proposed improvements are 23 not likely to cause substantial environmental damage or to substantially and avoidably 24 injure fish or wildlife or their habitat. 25 (7) Public Health. The design of the subdivision and the type of improvements are not 26 likely to cause serious public health problems. 27 (8) Easements. The design of the subdivision and the type of improvements will not 28 conflict with easements, acquired by the public at large, for access through or use of 29 property within the proposed subdivision. The review authority may approve a map if it 30 finds that alternate easements for access or for use will be provided, and that these will be Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 18 1 substantially equivalent to easements previously acquired by the public. This shall apply 2 only to easements of record or to easements established by judgment of a court of 3 competent jurisdiction and no authority is granted to the review authority to determine that 4 the public at large has acquired easements for access through or use of property within the 5 proposed subdivision. 6 (9) Sewers. The waste discharge into the public sewer system from the proposed 7 subdivision would not add to, or result in, violations of requirements of the Regional Water 8 Quality Control Board, any applicable National Pollutant Discharge Elimination System 9 (NPDES) permit, or other restrictions of the sanitary sewer collection system imposed by 10 the applicable sanitary district. 11 (d) Exceptions. Exceptions to the standards set forth in this chapter may be approved if all of the 12 following findings are made: 13 (1) That the strict application of any such standard would result in practical difficulties or 14 unnecessary hardships inconsistent with the general purpose and intent of this chapter. 15 (2) That there are exceptional circumstances or conditions applicable to the property 16 being subdivided or to its intended use or development. 17 (3) That the granting of the exception will not be materially detrimental to the public 18 welfare nor injurious to the property being subdivided or to improvements in the immediate 19 vicinity. 20 (e) Conditions of Approval. Conditions necessary to make the findings required by this section or to 21 meet the requirement of these planning regulations or the Subdivision Map Act may be imposed on the 22 approval of a tentative map, including, but not limited to, the following: 23 (1) Recommendations of Public Agencies and Utilities. Conditions related to any 24 recommendations of affected public agencies and utilities submitted pursuant to Section 25 14-2.206(b) may be imposed on the tentative map. 26 (2) Joint Use. A condition may be imposed, when applicable, requiring agreements for 27 the joint use of portions of private streets and driveways, including areas to be landscaped 28 and jointly maintained. 29 (3) Indemnification. Whether or not such a condition is explicitly listed as a condition of 30 approval, every approved tentative map shall be deemed to include a condition requiring Town of Tiburon Ordinance No.XXX N S. Effective--1--/2017 Page 19 1 the subdivider to defend, indemnify and hold harmless the Town and its agents, officers 2 and employees from any claim, action or proceeding against the Town or its agents, 3 officers or employees to attach, set aside, void or annul an approval of the Planning 4 Commission or Town Council concerning a subdivision. The Town shall promptly notify the 5 subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 6 (4) Multiple Final Maps. If the subdivider has provided written notice of the intention to file 7 multiple final maps on the tentative map pursuant to Section 14-6.215, reasonable 8 conditions may be imposed relating to the filing of multiple final maps. 9 (5) Residential Condominiums. Residential condominiums, in the discretion of the 10 Director of Community Development, may be conditioned to require recordation of 11 covenants, conditions, and restrictions that include the current basic eligibility requirements 12 of the Federal Housing Administration (FHA) for condominium project approval, including, 13 but not limited to, requirements for owner occupancy and limitations on investor ownership 14 and commercial space. 15 (f) Approval by Failure to Act. If no action is taken by the Planning Commission or Town Council 16 within the time limit specified in subsection (b) of this section, and all other applicable Town and State 17 requirements have been met, including but not limited to compliance with the Subdivision Map Act, 18 these subdivision regulations, other applicable Town regulations, the General Plan and the California 19 Environmental Quality Act, the tentative map application shall be deemed to be approved by the 20 Planning Commission or Town Council. It shall be the duty of the Town Clerk to certify the approval. If 21 applicable, the appeal period to the Town Council pursuant to Article 6 of Chapter 16 shall begin on the 22 date of such certification. 23 14-2.209 Tentative Maps: Expiration and Extensions. 24 (a) Expiration. Except as otherwise provided by Section 66452.6 of the Subdivision Map Act, a 25 tentative map shall expire three (3) years after the date of its approval by the Planning Commission or 26 Town Council, unless an application for a parcel map or final map is filed pursuant to the requirements 27 of this chapter within that period. However, the expiration date shall be extended in accordance with 28 Section 66452.6(a) of the Subdivision Map Act if the filing of multiple final maps is authorized pursuant 29 to Section 14-2.215, and if the subdivider is required to provide off-site improvements in the amounts 30 specified in Section 66452.6(a) of the Subdivision Map Act. 31 (b) Extensions. 32 (1) Request by Subdivider. The subdivider may request an extension of the expiration Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 20 1 date of the approved or conditionally approved tentative map by written application to the 2 Director of Community Development prior to expiration of the map. If such a request is 3 filed, the map shall automatically be extended for sixty (60) days or until the application for 4 the extension is approved, conditionally approved, or denied, whichever occurs first. 5 (2) Public Hearing. The Director of Community Development shall prepare and distribute 6 a staff report and the Planning Commission and/or Town Council, pursuant to their 7 respective authorities, shall hold a public hearing on the requested extension. 8 (3) Planning Commission or Town Council Action. The Planning Commission or Town 9 Council may approve the extension request only if it makes all of the following findings: 10 a. That the subdivider has clearly documented that it has made a good faith effort to 11 complete the subdivision process. 12 b. That it is in the best interest of the Town of Tiburon to extend the tentative map. 13 c. That there are no substantial changes to the project, no substantial changes to 14 the circumstances under which the project is undertaken, and no new information of 15 substantial importance that would require any further environmental review pursuant 16 to the California Environmental Quality Act. 17 (4) Time Limit of Extension. Time extensions approved by the Planning Commission or 18 Town Council may be for a period of up to three (3) years. In no case shall the expiration of 19 the tentative map extend more than six (6) years from the date of its approval by the 20 Planning Commission or Town Council, except as otherwise provided by the Subdivision 21 Map Act. After that time, a new tentative map application shall be required. 22 14-2.210 Tentative Maps: Corrections and Amendments. 23 (a) Minor Changes. Minor changes in an approved tentative map may be approved by the Director of 24 Community Development and Town Engineer upon application by the subdivider or on the Town's 25 initiative; provided, that: 26 (1) No lots, units or building sites or structures are added. 27 (2) Changes are consistent with the intent of the original tentative map approval. 28 (3) There are no resulting violations of the Municipal Code. 29 (b) Substantive Changes. Amendments of the tentative map that in the opinion of the Director of Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 21 1 Community Development or Town Engineer are not minor shall be referred to the Planning 2 Commission and/or Town Council, pursuant to their respective authorities as set forth in Article 6 of 3 Chapter 16, for a decision subject to the procedures for processing a tentative map as set forth in this 4 article. 5 (c) Expiration Date. Any approved amendment shall not alter the expiration date of the tentative map. 6 14-2.211 Tentative Maps: Appeals. 7 The Planning Commission's decisions on tentative maps for minor subdivision, including extensions 8 and amendments, may be appealed de novo to the Town Council using procedures set forth in Article 6 9 of Chapter 16 and pursuant to Section 66452.5 of the Subdivision Map Act. 10 14-2.212 Final Maps: Filing. 11 Fifteen (15) paper"check print" copies of a final map conforming to the approved or conditionally 12 approved tentative map, prepared as described in Section 14-2.213 and accompanied by data and 13 reports as set forth in Section 14-2.214, shall be filed with the Director of Community Development for 14 review in association with a Final Map or Parcel Map Application form provided by the Director. The 15 subdivider's engineer, surveyor, or other professional shall make any corrections and/or additions to 16 application materials as required by the Town Engineer and/or Director of Community Development 17 until the final map application meets the requirements of the approved or conditionally approved 18 tentative map and related Town requirements and is deemed complete and accepted for filing. If the 19 subdivision lies partially within two (2) or more cities, the map shall be filed with each Town and acted 20 upon by each as provided in Section 66457(b) of the Subdivision Map Act. 21 14-2.213 Final Maps: Form and Contents. 22 The form and content of a final map shall conform to the requirements of this section and Section 23 66443 of the Subdivision Map Act, and shall be the same as that of a tentative map, as set forth in 24 Section 14-2.203, except as follows: 25 (a) Permanence. A final map shall be legibly drawn, printed, or reproduced by a process 26 guaranteeing a permanent record in black on polyester base film. Certificates, affidavits, and 27 acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on 28 polyester base film, the ink surface shall be coated with a suitable substance to assure permanent 29 legibility. 30 (b) Monuments. At least one (1) exterior boundary line shall be marked with a standard Town 31 monument prior to recording the final map. Other monuments shall be set as required by the Town 32 Engineer at or on approved offsets from the following locations: Town of Tiburon Ordinance No.XXXN. S. Effective--1--/2017 Page 22 1 (1) The intersection of street centerlines; 2 (2) Beginning and end of curves or intersection of tangents on centerlines; and 3 (3) Other locations as required by the Town Engineer. 4 (c) Abandonment of Streets and Easements. The filing of the final map shall constitute abandonment 5 of all public streets and public easements not shown on the map; provided that written notation for each 6 abandonment is listed by reference to the recording data or other official record creating these public 7 streets or public easements and certified on the map by the Town Manager. Before a public easement 8 vested in another public entity may be abandoned pursuant to this section, that public entity shall 9 receive notice of the proposed abandonment. No public easement vested in another public entity shall 10 be abandoned pursuant to this section if that public entity objects to the proposed abandonment. 11 (d) Engineer's/Surveyor's Statement. The final map shall contain a statement by the engineer or 12 surveyor responsible for the preparation of the map that states that all monuments are of the character 13 and occupy the positions indicated, or that they will be set in those positions on or before a specified 14 date, and that the monuments are, or will be, sufficient to enable the survey upon which the final map is 15 based to be retraced. 16 (e) Town Engineer's Statement. The final map shall include a statement to be signed by the Town 17 Engineer confirming that he or she has examined it and found it to be technically correct, consistent 18 with the approved tentative map, and in compliance with these subdivision regulations and the 19 Subdivision Map Act. 20 (f) Director of Community Development's Statement. The final map shall include a statement to be 21 signed by the Director of Community Development confirming that he or she has examined it and found 22 it to be in compliance with the tentative map as approved by the Planning Commission or Town 23 Council, indicating the date of such approval, and indicating that the map is in compliance with the 24 Tiburon General Plan and all other planning requirements. 25 (g) Additional Information. The Town may require additional information to be recorded 26 simultaneously with the final map. Whenever additional information is made by a separate document, 27 there shall appear on the final map a reference to the separately recorded document. This reference 28 shall be completed by the Marin County Recorder according to Section 66468.1 of the Subdivision Map 29 Act. Additional information may include the following: 30 (1) Covenants, conditions and restrictions (CC&Rs). Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 23 1 (2) Regulatory agreements. 2 (3) Property maintenance agreements. 3 (4) Other documents or agreements required by the Planning Commission or Town Council as 4 conditions of approval on the tentative map. 5 (5) Additional survey and map information including, but not limited to, information related to 6 any associated precise development plan or other zoning permit requirements or conditions. The 7 additional information shall be in the form of an additional "public information" map sheet or 8 sheets, labeled as such, which shall indicate the relationship of the information to the final map, 9 and shall contain a statement that the additional information is for public information purposes, 10 describes conditions as of the date of the recording, and is not intended to affect record title 11 interest. The additional map sheet or sheets may also contain a notation that the additional 12 information is derived from public records, or reports, and does not imply the correctness or 13 sufficiency of those records or reports by the preparer of the document or additional map sheet. 14 14-2.214 Final Maps: Accompanying Data and Reports. 15 The final map shall be accompanied by the following data or reports as may be required by the Director 16 of Community Development or Town Engineer: 17 (a) Title Report. A current title report, showing the legal owners at the time of filing the final map, shall 18 be submitted with the final map, accompanied by copies of all deeds and easement descriptions 19 referenced in the report. 20 (b) Guarantee of Title. A guarantee of title, in a form acceptable to the Town Engineer and Town 21 Attorney, shall be issued by a competent title company to and for the benefit and protection of the 22 Town and shall continue up to the instant of recording of the final map, guaranteeing that the names of 23 all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public 24 easements being offered for dedication, and all acknowledgments thereto, appear on the proper 25 certificates and are correctly shown on the map, both as to consents to the making thereof and 26 affidavits of dedication where necessary. 27 (c) Deeds and Maps. The final map shall be accompanied by copies of deeds for all adjoining 28 property, and copies of all maps referenced in the title report. 29 (d) Easements. The final map shall be accompanied by written evidence of rights of entry or 30 permanent easements across private property outside of the subdivision that permit or grant access to Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 24 1 perform necessary construction work or permit the maintenance of any sewer, water, electric and/or 2 other facility. 3 (e) Improvement Plans and Agreement. Improvement plans and an improvement agreement as 4 required by Article 6 of this chapter shall accompany the final map. 5 (f) Soils Report. If the Director of Community Development or Town Engineer required a preliminary 6 soils report with the filing of the tentative map, and if the preliminary soils report indicated the presence 7 of critically expansive soils, slides, slide plains or other soil problems which, if not corrected, could lead 8 to structural defects, or site problems, the soils report accompanying the final map shall contain an 9 investigation of each lot within the subdivision. The Director or Town Engineer may require additional 10 information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory. 11 (g) Traverse Closures. Traverse closure calculations for the subdivision boundary, lot blocks, all lots 12 and parcels (including remainder parcels), road rights-of-way, and proposed non-parallel easements 13 (including private easements), shall be submitted with the final map. 14 (h) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm 15 drains shall be submitted with the final map unless waived in writing by the Town Engineer. These 16 calculations shall include, at a minimum, analyses for the two (2) year and one hundred (100)year 17 storm events sufficient to demonstrate the adequacy of existing and/or proposed drainage facilities. 18 Stormwater runoff from the subdivision shall be treated on-site in accordance with the stormwater 19 management requirements of chapter 20A of the Tiburon Municipal Code, and shall be collected and 20 conveyed by an approved storm drain system designed in accordance with Article 6 of this chapter. 21 (i) Covenants, Conditions and Restrictions. If required by the Town, the submittal of the final map for 22 a common interest development within the meaning of California Civil Code Section 4000 et seq. shall 23 include the proposed declaration of covenants, conditions and restrictions, containing the provisions 24 described in currently applicable provisions of the California Civil Code, and all other governing 25 documents for the subdivision. The submittal of the final map for all subdivisions other than a common 26 interest development shall include any proposed declaration of covenants, conditions and restrictions, 27 including provisions assigning maintenance responsibility for privately-maintained improvements. All 28 documents shall be subject to review and approval by the Director of Community Development, Town 29 Engineer, and Town Attorney. 30 (j) Electronic Copy. In addition to paper copies as required, the final map shall also be submitted in 31 an approved electronic format as required by the Director of Community Development and Town 32 Engineer. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 25 1 (k) Other Reports. Any other data or reports deemed necessary by the Director of Community 2 Development and/or the Town Engineer shall be submitted with the final map. 3 14-2.215 Final Maps: Multiple Filings. 4 (a) Notice of Intention to File Multiple Final Maps. Multiple final maps relating to an approved or 5 conditionally approved tentative map may be filed prior to the expiration of the tentative map if the 6 subdivider, at the time the tentative map is filed, informs the Director of Community Development in 7 writing of the subdivider's intention to file multiple final maps on the tentative map, or after the filing of 8 the tentative map the subdivider and Director of Community Development concur in the filing of multiple 9 final maps. In providing the notice, the subdivider shall not be required to define the number or 10 configuration of the proposed multiple maps. 11 (b) Filing of Multiple Final Maps. The filing of a final map on a portion of an approved or conditionally 12 approved tentative map shall not invalidate any part of the tentative map. Each final map that 13 constitutes a part of the approved or conditionally approved tentative map shall have a separate 14 subdivision number, and shall be subject to any reasonable conditions imposed pursuant to Section 14- 15 2.208(e)(4). The public improvement agreement executed by the subdivider shall provide for the 16 construction of improvements as required to constitute a logical and orderly development of the whole 17 subdivision. 18 14-2.216 Final Maps: Certification and Approval by Town. 19 (a) Review by Town Engineer and Director of Community Development. Following the acceptance for 20 filing of the final map by the Director, the subdivider's engineer or surveyor shall submit the polyester 21 base film original of the final map, signed by all parties required to execute the statements on the map 22 as of that date, to the Director of Community Development. 23 (b) Certification by Town Engineer and Director of Community Development. When the Town 24 Engineer and Director of Community Development are satisfied that the final map meets the 25 requirements of this chapter, they shall certify the map by signing the their respective statements 26 contained on the final map. 27 (c) Approval by Town Council. Ministerial approval of a final map shall occur at a public meeting of 28 the Town Council. 29 (d) Acceptance of Dedications by Town Council. If any dedications are required pursuant to Article 6 30 of this chapter, the Town Council shall by resolution, accept, accept subject to improvement, or reject 31 any offer of dedication prior to recordation of the final map. The Town Clerk shall certify the acceptance Town of Tiburon Ordinance No.XXXN.S. Effective--1--12017 Page 26 1 or rejection by signing a statement to this effect on the final map. Any certificate for dedications 2 prepared pursuant to Section 14-6.607 shall be included on the map. 3 14-2.217 Final Maps: Recordation. 4 Except as provided in Section 66493 of the Subdivision Map Act, upon approval of the final map by the 5 Town Council and certification by the Town Clerk, the map shall be submitted to the Marin County 6 Recorder by the Town or by a title company or other authorized agent that the Town has designated for 7 transmittal to the County Recorder. If any part of the subdivision is subject to a lien for taxes or special 8 assessments collected as taxes which are not yet payable, the final map shall be processed in 9 accordance with Section 66493 of the Subdivision Map Act. If the subdivider dedicates property to the 10 Town, a certificate concerning the dedication as provided in Section 14-6.607 shall also be prepared 11 and appear on the face of the final map. A copy of the recorded map shall be provided to the Director 12 by the subdivider upon recordation. 13 14-2.218 Final Maps: Corrections and Amendments. 14 (a) General. After a final map is recorded by the Marin County Recorder, it may be amended by a 15 certificate of correction or amending map. Corrections of errors and omissions may be approved by the 16 Town Engineer pursuant to subsection (b) of this section. Modifications to a final map due to changes 17 that make any or all of the conditions of the map no longer appropriate or necessary require approval of 18 the Town Council pursuant to subsection (c) of this section. The amending map or certificate of 19 correction shall be prepared by or under the direction of a land surveyor registered in the State of 20 California or a civil engineer registered in the State of California who is authorized to perform land 21 surveying. The form and contents of an amending map shall conform to the requirements for the form 22 and contents of a final map as set forth in Section 14-2.213. An amending map shall set forth in detail 23 the corrections made and show the names of the owners of the property affected by the correction or 24 omission as of the date of the filing or recording of the original recorded map. 25 (b) Corrections. 26 (1) Purposes. The Town Engineer may approve a certificate of correction or amending map for 27 any of the following purposes: 28 a. To correct an error in any course or distance shown on the map. 29 b. To show any course or distance that was omitted from the map. 30 c. To correct an error in the description of the real property shown on the map. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 27 1 d. To indicate monuments set after the death, disability, retirement from practice, or 2 replacement of the engineer or surveyor charged with responsibilities for setting 3 monuments. 4 e. To show the proper location of any monument that has been changed in location or 5 character, or that was originally shown at the wrong location or incorrectly as to its 6 character. 7 f. To correct any additional information filed or recorded pursuant to Section 66434.2 of 8 the Subdivision Map Act if the correction does not impose any additional burden on the 9 present owners of the property and does not alter any right, title, or interest in the real 10 property reflected on the recorded map. 11 g. To correct any other type of map error or omission as approved by the Town Engineer 12 that does not affect any property right, including, but not limited to, lot numbers, acreage, 13 street names, and identification of adjacent record maps. 14 As used in this subsection, "error" does not include changes in courses or distances from which 15 an error is not ascertainable from the data shown on the final map. 16 (2) Review. The amending map or certificate of correction shall be submitted to the Town 17 Engineer for review and approval, accompanied by the required fee as set forth in the 18 appropriate Town fee schedule(s). The Town Engineer shall examine the amending map or 19 certificate of correction and, if the only changes are those set forth in subsection (b)(1) of this 20 section, the Town Engineer shall certify to this fact on the amending map or certificate of 21 correction. 22 (3) Certificate of Correction. The Town Engineer shall have twenty(20)working days to 23 examine the certificate of correction for compliance with this chapter, endorse a statement on it 24 of his or her examination and certification, and present it to the County Recorder for recordation. 25 If the Town Engineer determines that the certificate of correction fails to comply with this chapter, 26 the Town Engineer shall return the certificate to the applicant with a written statement of the 27 changes necessary. The Town Engineer shall have twenty (20) working days after resubmission 28 and approval of the amended certificate of correction to present it to the County Recorder for 29 recordation. 30 (c) Modifications. The Town Council must approve any modifications to a final map due to changes 31 that make any or all of the conditions of the map no longer appropriate or necessary. The Town Council Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 28 1 shall hold a public hearing pursuant to Section 14-2.208(a) on the proposed modifications. The Town 2 Council shall approve the modifications only if it makes all of the following findings: 3 (1) There are changes in circumstances that make any or all of the conditions of the map no 4 longer appropriate or necessary. 5 (2) The modifications do not impose any additional burden on the fee owners of the real 6 property. 7 (3) The modifications do not alter any right, title, or interest in the real property reflected on the 8 recorded map. 9 (4) A general finding that the map as modified continues to conform to the findings of Section 10 14-2.208(c) and Section 66474 of the Subdivision Map Act. 11 The Town Engineer shall certify the amending map or certificate of correction as approved by the Town 12 Council. 13 (d) Recordation. The amending map or certificate of correction certified by the Town Engineer shall 14 be filed in the office of the Marin County Recorder. After the County Recorder takes the actions 15 required by Section 66472 of the Subdivision Map Act, the original map shall be deemed to have been 16 conclusively so corrected and shall impart constructive notice of all the corrections in the same manner 17 as though set forth on the original map. 18 Article 3. Minor Subdivisions 19 14-3.301 Applicability; Tentative Map and Parcel Map Required. 20 A tentative map and a subsequent parcel map shall be required for all divisions of land into four(4) or 21 fewer parcels and for divisions of land into five (5) or more parcels in the situations described in Section 22 14-2.201(a), (b), (c), (d), or (e), including construction or conversion of a condominium project, unless 23 the Director of Community Development, with the concurrence of the Town Engineer, waives the 24 requirement for a parcel map pursuant to Section 14-3.312. A tentative map and parcel map shall not 25 be required for lot line adjustments that meet the requirements of Article 4 of this chapter or in certain 26 other situations as specified in the Subdivision Map Act. The tentative map application for divisions of 27 land into four(4) or fewer parcels and other applicable situations set forth in this section shall be 28 processed in accordance with provisions of Article 2, Sections 14-2.202 through 14-2.211 of this 29 chapter. 30 14-3.302 Parcel Maps: Filing. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 29 1 The filing of a parcel map, in conformance with an approved or conditionally-approved tentative map 2 obtained pursuant to Article 2 of this chapter, shall be a condition of approval of any minor subdivision 3 except as otherwise provided herein. Fifteen (15) paper"check prints" of a parcel map and one 4 electronic copy, prepared as described in Section 14-3.303, shall be filed with the Director of 5 Community Development, accompanied by a Final Map or Parcel Map Application form provided by the 6 Director, data and reports as set forth in Section 14-3.304, and the fees as set forth in the applicable 7 Town fee schedule(s). If the subdivision lies partially within two (2) or more municipalities, the parcel 8 map shall be filed with each municipality and acted upon by each. 9 14-3.303 Parcel Maps: Form and Contents. 10 The form and content of a parcel map shall be the same as that of a final map, as set forth in Section 11 14-2.213. If the subdivider does not have a record title ownership interest in the property to be divided, 12 the subdivider shall provide the Town with satisfactory evidence that the persons with record title 13 ownership have consented to the proposed division. For purposes of this subsection, "record title 14 ownership" means fee title of record unless a leasehold interest is to be divided, in which case"record 15 title ownership" means ownership of record of the leasehold interest. 16 14-3.304 Parcel Maps: Accompanying Data and Reports. 17 The parcel map shall be accompanied by the same data and reports as may be required by the 18 Director of Community Development and Town Engineer for a final map pursuant to Section 14-2.214. 19 14-3.305 Parcel Maps: Director of Community Development Review and Referral. 20 (a) Determination of Complete Application. The Director of Community Development shall determine 21 whether an application is complete within thirty (30) days after receipt of the application and shall notify 22 the applicant of the determination in writing. A parcel map application shall be deemed complete and 23 accepted for filing only when the Director of Community Development and Town Engineer determine 24 that: 25 (1) All maps and information required by these subdivision regulations and the Subdivision 26 Map Act have been submitted, checked and accepted as complete. 27 (2) All conditions of approval from the tentative map, any applicable precise development plan 28 or other zoning permit approval, and all mitigation measures are satisfactorily addressed in the 29 reasonable discretion of the Director of Community Development and Town Engineer. 30 (3) The required fees and deposits as set forth in the applicable Town fee schedule(s) have 31 been paid. Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 30 1 (b) Referral. Upon receipt of a parcel map application, the Director shall forward the application to the 2 Town Engineer for review. At his or her discretion, the Director may also forward copies of the 3 application to other affected Town departments, public agencies, utilities and interested parties. The 4 affected public agencies and utilities may, in turn, forward to the Director their findings and 5 recommendations. 6 14-3.306 Parcel Maps: Review by Town Engineer. 7 The Town Engineer shall review the parcel map application and cause any changes to be made that 8 are legally required for approval, such that he or she may make the following findings: 9 (a) That all provisions of law and of this chapter applicable at the time of approval of the parcel map 10 have been complied with; and 11 (b) That the map is technically correct. 12 14-3.307 Parcel Maps: Certification and Approval by Town. 13 (a) Submittal of Original Map. Upon completion of review and satisfaction by the Town Engineer and 14 Director of Community Development, the subdivider's engineer or surveyor shall submit the signed 15 original of the parcel map to the Town Engineer and Director of Community Development for their 16 signatures and transmittal to the Town Council. 17 (b) Certification by Town Engineer and Director of Community Development. When the Town 18 Engineer and Director of Community Development are satisfied that the parcel map meets the 19 requirements of this chapter, they shall certify the map by signing the statements contained on the 20 parcel map. 21 14-3.308 Parcel Maps: Town Council Action. 22 (a) Action Required. The Town Council shall approve or disapprove a parcel map within fifty (50) 23 days after its acceptance for filing, unless a mutual extension of time has been agreed upon in writing. 24 (b) Approval by Inaction. If the Town Council does not approve or disapprove the map within the 25 prescribed time, or any authorized extension thereof, and the map conforms to all requirements and 26 rulings, it shall be deemed approved, and the Town Clerk shall certify or state its approval thereon. 27 28 14-3.309 Parcel Maps: Acceptance of Dedications. 29 If any dedications are required pursuant to Article 6 of this chapter, the Town Council shall by 30 resolution accept, accept subject to improvement, or reject any offer of dedication prior to recordation 31 of the parcel map. The Town Clerk shall certify the acceptance or rejection by signing a statement to 32 this effect on the parcel map. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 31 1 14-3.310 Parcel Maps: Recordation. 2 Except as provided in Section 66493 of the Subdivision Map Act, upon certification of the parcel map 3 by the Town Engineer and Director of Community Development, acceptance or rejection of any 4 dedications by the Town Council, and certification of such by the Town Clerk, the map shall be 5 submitted to the Marin County Recorder by the Town or by a title company or other authorized agent 6 that the Town has designated for transmittal to the County Recorder. If any part of the subdivision is 7 subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the 8 parcel map shall be processed in accordance with Section 66493 of the Subdivision Map Act. If the 9 subdivider dedicates property to the Town, a certificate concerning the dedication as provided in 10 Section 14-6.607 shall be included on the face of the parcel map. A copy of the recorded map shall be 11 provided to the Director by the subdivider upon recordation. 12 14-3.311 Parcel Maps: Corrections and Amendments. 13 (a) General. After a parcel map is recorded by the Marin County Recorder, it may be amended by a 14 certificate of correction or amending map. Corrections of errors and omissions may be approved by the 15 Town Engineer pursuant to subsection (b) of this section. Modifications to a parcel map due to changes 16 that make any or all of the conditions of the map no longer appropriate or necessary require approval of 17 the Director of Community Development pursuant to subsection (c) of this section. The amending map 18 or certificate of correction shall be prepared by or under the direction of a land surveyor registered in 19 the State of California or a civil engineer registered in the State of California who is authorized to 20 perform land surveying. The form and contents of an amending map shall conform to the requirements 21 for the form and contents of a parcel map as set forth in Section 14-3.303. An amending map shall set 22 forth in detail the corrections made and show the names of the owners of the property affected by the 23 correction or omission as of the date of the filing or recording of the original recorded map. 24 (b) Corrections. 25 (1) Purposes. The Town Engineer may approve a certificate of correction or amending map for 26 any of the following purposes: 27 a. To correct an error in any course or distance shown on the map. 28 b. To show any course or distance that was omitted from the map. 29 c. To correct an error in the description of the real property shown on the map. 30 d. To indicate monuments set after the death, disability, retirement from practice, or 31 replacement of the engineer or surveyor charged with responsibilities for setting 32 monuments. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 32 1 e. To show the proper location of any monument that has been changed in location or 2 character, or that was originally shown at the wrong location or incorrectly as to its 3 character. 4 f. To correct any additional information filed or recorded pursuant to Section 66434.2 of 5 the Subdivision Map Act if the correction does not impose any additional burden on the 6 present owners of the property and does not alter any right, title, or interest in the real 7 property reflected on the recorded map. 8 g. To correct any other type of map error or omission as approved by the Town Engineer 9 that does not affect any property right, including, but not limited to, lot numbers, acreage, 10 street names, and identification of adjacent record maps. 11 As used in this subsection, "error" does not include changes in courses or distances from which 12 an error is not ascertainable from the data shown on the parcel map. 13 (2) Review. The amending map or certificate of,correction shall be submitted to the Town 14 Engineer for review and approval, accompanied by the required fee as set forth in the applicable 15 Town fee schedule(s). The Town Engineer shall examine the amending map or certificate of 16 correction and, if the only changes are those set forth in subsection (b)(1) of this section, the 17 Town Engineer shall certify to this fact on the amending map or certificate of correction. 18 (3) Certificate of Correction. The Town Engineer shall have twenty (20)working days to 19 examine the certificate of correction for compliance with this chapter, endorse a statement on it 20 of his or her examination and certification, and present it to the County Recorder for recordation. 21 If the Town Engineer determines that the certificate of correction fails to comply with this chapter, 22 the Town Engineer shall return the certificate to the applicant with a written statement of the 23 changes necessary. The Town Engineer shall have twenty (20) working days after resubmission 24 and approval of the amended certificate of correction to present it to the County Recorder for 25 recordation. 26 (c) Modifications. The Planning Commission, after having held a public hearing, may approve any 27 modifications to a parcel map due to changes that make any or all of the conditions of the map no 28 longer appropriate or necessary, provided that all of the following findings are made: 29 (1) There are changes in circumstances that make any or all of the conditions of the map no 30 longer appropriate or necessary. Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 33 1 (2) The modifications do not impose any additional burden on the fee owners of the real 2 property. 3 (3) The modifications do not alter any right, title, or interest in the real property reflected on the 4 recorded map. 5 (4) A general finding that the map as modified continues to conform to the findings of Section 6 14-2.208(c) and Section 66464 of the Subdivision Map Act. 7 (d) Appeal. The decision of the Planning Commission is appealable de novo to the Town Council 8 using procedures set forth in Article 6 of Chapter 16 and pursuant to Section 66452.5 of the 9 Subdivision Map Act. 10 (e) Certification and Recordation. The Town Engineer shall certify the amending map or certificate of 11 correction as approved by the Planning Commission or by the Town Council on appeal. The amending 12 map or certificate of correction certified by the Town Engineer shall be filed by the Town in the office of 13 the Marin,County Recorder. After the County Recorder takes the actions required by Section 66472 of 14 the Subdivision Map Act, the original map shall be deemed to have been conclusively so corrected and 15 shall impart constructive notice of all the corrections in the same manner as though set forth on the 16 original map. 17 14-3.312 Parcel Map Waiver Procedure. 18 (a) Applicability. Pursuant to Section 66428(b) of the Subdivision Map Act, the Director of Community 19 Development with the concurrence of the Town Engineer may waive the requirement for preparation 20 and filing of a parcel map for any of the following: 21 (1) Division of real property or interests therein created by probate, eminent domain 22 procedures, partition, or other civil judgments or decrees. 23 (2) Division of real property resulting from the conveyance of land or any interest therein to or 24 from the Town, public entity or public utility for a public purpose, such as park sites, school sites, 25 public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc. 26 (b) Procedure. Any person desiring to obtain the approval of a parcel map waiver shall file two (2) 27 paper prints of a plat and legal description with the Director of Community Development, accompanied 28 by an application form provided by the Director, and the fees as set forth in the applicable Town fee 29 schedule(s). The form and content of such plat and legal description shall be as specified by the 30 Director and Town Engineer. Town of Tiburon Ordinance No.XXX N S. Effective--1--/2017 Page 34 1 (c) Action Required. The Director of Community Development shall approve, conditionally approve, or 2 deny a parcel map waiver within sixty (60) days of the application being deemed complete. 3 (d) Findings. In order to approve a parcel map waiver the Director of Community Development shall 4 find that the proposed division of land complies with requirements as to area, improvement and design, 5 floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water 6 supply availability, environmental protection, and other requirements of the Subdivision Map Act, this 7 chapter, the Municipal Code, and the General Plan. 8 (e) Conditions. Approval of a parcel map waiver may be conditioned to provide for, among other 9 things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted 10 by law. 11 (f) Appeals. The Director of Community Development's decision on a parcel map waiver may be 12 appealed to the Planning Commission pursuant to Article 6 of Chapter 16 and Section 66452.5 of the 13 Subdivision Map Act. The decision of the Planning Commission shall be final. 14 (g) Recordation. Following the expiration of the appeal period pursuant to subsection (f) of this 15 section, or the Planning Commission's final decision if appealed and approved, the Town Engineer 16 shall forward a plat and legal description of the approved division of land and a certificate of 17 compliance identifying the real property and stating that the approved division of land complies with the 18 provisions of the Subdivision Map Act and this article to the Marin County Recorder or to a title 19 company or other authorized agent that the Town has designated for transmittal to the County 20 Recorder. 21 Article 4. Lot Line Adjustments 22 14-4.401 Purpose. 23 The purpose of this article is to establish the procedures and standards for changing the boundary or 24 boundaries between four(4) or fewer existing adjoining parcels as provided in the Subdivision Map Act 25 to ensure that such adjustments are consistent with the General Plan and applicable zoning and 26 building requirements. The map shall be drawn in accordance with the requirements established by the 27 Town Engineer. 28 14-4.402 Procedure. 29 An application for a lot line adjustment shall be made to the Director of Community Development and 30 shall be accompanied by the required filing fee and an application form for lot line adjustment 31 containing all required materials as set forth therein. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 35 1 (a) Within thirty (30) days of the receipt of the application, the Director and the Town Engineer shall 2 perform a completeness review and may require additional information as deemed necessary to 3 determine whether the proposed adjustment is complete and meets the requirements of this article 4 including, but not limited to, a record survey of the property involved if necessary to provide an 5 adequate description of the property as required by California Business and Professions Code Section 6 8762. 7 (b) Within sixty (60) days of the receipt of a complete application, the Director, in consultation with the 8 Town Engineer, shall approve, conditionally approve, or deny the application for a lot line adjustment if 9 the application is exempt from environmental review. If the application requires environmental review, 10 the Director shall take action in compliance with the deadlines specified in the Permit Streamlining Act. 11 (c) The Director may impose any conditions necessary to ensure that the proposed map will comply 12 with all of the required findings of Section 14-4.403. Any improvements that are required to be installed 13 or constructed to comply with the criteria for approval shall be constructed pursuant to the requirements 14 of this chapter. 15 (d) If the Director determines that the proposed adjustment does not comply with all of the required 16 findings of Section 14-4.403, the Director shall deny the adjustment and provide written notification to 17 the applicant of the decision. 18 14-4.403 Findings. 19 A lot line adjustment may be approved or conditionally approved only if all of the following findings are 20 made: 21 (a) The adjustment is between four(4) or fewer parcels and no additional parcels are created. 22 (b) No street or alley dedication or improvement is necessary to adequately serve the properties 23 affected by the proposed lot line adjustment. 24 (c) The lots proposed in the adjustment will comply with the provisions of this chapter, zoning 25 regulations, the General Plan, and the Subdivision Map Act. 26 (d) The resulting parcels will not interfere with existing utilities, infrastructure or easements. 27 14-4.404 Appeals. 28 The Director's decision on a lot line adjustment may be appealed to the Planning Commission in 29 accordance with the appeal procedures in Article 6 of Chapter 16. The decision of the Planning 30 Commission shall be final. Town of Tiburon Ordinance No.XXX N.S. Effective--1--12017 Page 36 1 14-4.405 Recordation. 2 Following the expiration of the appeal period pursuant to Section 14-4.404, or the Planning 3 Commission's final decision if appealed and approved, the applicant for a lot line adjustment approved 4 pursuant to this article shall have one year to record with the Marin County Recorder the appropriate 5 instrument to implement and finalize the lot line adjustment, unless a shorter time period is specified in 6 the approval. A copy of the recorded instrument shall be provided to the Director upon recordation. 7 Article 5. Parcel Mergers 8 14-5.501 Purpose. 9 The purpose of this article is to establish the procedures and standards for the merger into one (1) 10 parcel of two (2) or more contiguous parcels of land that were created under the provisions of the 11 Subdivision Map Act, any prior State law regulating the division of land or a local ordinance enacted 12 pursuant thereto, or which were not subject to those provisions at the time of their creation. 13 14-5.502 Initiation by Town. 14 (a) Criteria. Pursuant to the Subdivision Map Act and the'requirements of this chapter, the Town may 15 initiate the merger of two (2) or more contiguous parcels held by the same owner if any one (1) of the 16 contiguous parcels does not conform to the standards for minimum lot area or width established by 17 Article 2 of chapter 16, and if all the following requirements are satisfied: 18 (1) At least one (1) of the affected parcels is undeveloped by any structure for which a building 19 permit was issued or for which a building permit was not required at the time of construction, or is 20 developed only with an accessory structure or structures, or is developed with a single structure, 21 other than an accessory structure, that is also partially located on the contiguous parcel 22 proposed for merging. 23 (2) One (1) or more of the following conditions exists for at least one (1) of the affected parcels: 24 a. The parcel comprises less than five thousand (5,000) square feet in area at the time of 25 the determination of merger. 26 b. The parcel was not created in compliance with applicable laws and ordinances in effect 27 at the time of its creation. 28 c. The parcel does not meet current standards for sewage disposal and domestic water 29 supply. 30 d. The parcel does not meet slope stability standards. Town of Tiburon Ordinance No.XXXN.S. Effective--1--12017 Page 37 1 e. The parcel has no legal access that is adequate for vehicular and safety equipment 2 access and maneuverability. 3 f. Development of the parcel would create health or safety hazards. 4 g. Is inconsistent with the General Plan other than the minimum lot area or density 5 standards. 6 (b) Exceptions. This section shall not apply if any of the conditions set forth in Sections 7 66451.11(b)(A), (B), (C), or(D) of the Government Code exist. 8 (c) Procedures. 9 (1) Notice of Intention to Determine Status. The Director shall mail, by certified mail, a notice of 10 intention to determine status to the current record owner of the property. The notice shall state 11 that the affected parcels may be merged, and that the property owner may request a hearing on 12 the determination of status before the Planning Commission to present evidence that the 13 property does not meet the criteria for merger. The notice of intention to determine status shall 14 be recorded at the office of the Marin County Recorder on the same day that the notice is mailed 15 to the property owner. The owner of the affected property may file a written request for a hearing 16 with the Director within thirty (30) days after the recording of the notice of intention to determine 17 status. 18 (2) If a Hearing Is Requested. Upon receipt of a request for a hearing, the Director shall set the 19 time, date and place for the hearing and notify the property owner by certified mail. The hearing 20 shall be conducted not more than sixty (60) days following the receipt of the property owner's 21 request, or may be postponed or continued by mutual consent of the Director and the property 22 owner. At the hearing, the property owner shall be given the opportunity to present any evidence 23 that the affected property does not meet the requirements of this chapter for merger. At the 24 conclusion of the hearing, the Planning Commission shall determine whether or not the affected 25 parcels shall be merged. If the Planning Commission makes a determination that the parcels are 26 to be merged, the Director shall record a notice of merger or certification of compliance within 27 thirty (30) days of the Commission's determination unless the property owner files an appeal 28 pursuant to Section 14-5.505. The notice of merger or certificate of compliance shall specify the 29 name of the record owners and a description of the property. The Director shall notify the 30 property owner of the determination. 31 (3) If a Hearing Is Not Requested. If, within the thirty (30) day period following the recording of 32 the notice of intention to determine status, the property owner does not file a request for hearing, Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 38 1 the Director and Town Engineer shall make a determination whether or not the affected parcels 2 are to be merged. If the Director and Town Engineer determine that the parcels shall be merged, 3 the Director shall record a notice of merger or a certificate of compliance within ninety (90) days 4 following the mailing of the notice of intention to determine status. The notice of merger or 5 certificate of compliance shall specify the name of the record owners and a description of the 6 property. The Director shall notify the property owner of the determination. 7 (4) If Parcels Are Not to Be Merged. If the Planning Commission, or the Director and Town 8 Engineer, as the case may be, determine that the parcels shall not be merged, the Director shall 9 record a certificate of compliance for the unmerged parcels and a release of the notice of 10 intention to determine status, and the Director shall mail a clearance letter to the owner of record. 11 14-5.503 Initiation by Property Owner. 12 (a) Request for Determination. Within thirty (30) days of the receipt of a written application to the 13 Director by the owner of the affected parcels, and payment of required fees, the Director and Town 14 Engineer shall determine whether the affected parcels shall be merged and the Director shall notify the 15 property owner of the determination. If the Director and Town Engineer determine that the parcels shall 16 not be merged, the property owner may file a written request for a hearing with the Planning 17 Commission pursuant to the requirements of this article within thirty (30) days of the date of the 18 Director's notice. The Planning Commission shall then hold a hearing on the proposed merger. If the 19 Planning Commission makes a determination that the parcels are to be merged, the Director shall 20 record a notice of merger or certificate of compliance within thirty(30) days of the Commission's 21 determination. The notice of merger or certificate of compliance shall specify the name of the record 22 owners and a description of the property. The Director shall notify the property owner of the merger. 23 (b) Waiver of Right to Hearing. If the merger of contiguous parcels is initiated by the record owner, 24 the owner may waive the right to a hearing before the Planning Commission and to all notices required 25 by this article. Upon receipt of the waiver, if the Director and Town Engineer agree that the parcels 26 should be merged, the Director shall record a waiver of right of hearing and notice and a notice of 27 merger or certificate of compliance simultaneously. 28 14-5.504 Unmerged Parcels. 29 A property owner may apply to the Director for a determination that any parcels of land for which a 30 notice of merger had not been recorded on or before January 1, 1984, are deemed not to have been 31 merged under Section 66451.30 of the Subdivision Map Act. If the Director and Town Engineer 32 determine that the parcels meet the standards specified in Section 66451.30, the Director shall issue to 33 the owner, and the Director shall record with the County Recorder, a certificate of compliance declaring 34 that the parcels are not merged. Town of Tiburon Ordinance No.XXX N.S. Effective--1--12017 Page 39 1 14-5.505 Appeals. 2 The Planning Commission's decision on a parcel merger may be appealed to the Town Council in 3 accordance with the appeal procedures in Article 6 of Chapter 16. 4 Article 6. Improvements and Dedications 5 14-6.601 Purpose. 6 The purpose of this article is to establish the improvements, dedications and reservations that the Town 7 may impose on a subdivider as a condition for approval of a tentative map. 8 14-6.602 Improvements Required. 9 (a) General. 10 (1) Improvements Required for Subdivision Approval. No tentative map, final map, parcel map, 11 or other division of land subject to the provisions of this chapter shall be approved unless 12 improvements are constructed or required to be constructed to serve the lots being created both 13 on site and off site, including, but not limited to, those improvements described in this section. As 14 a condition of approval there may be imposed a requirement that improvements installed by the 15 subdivider for the benefit of the subdivision contain supplemental size, capacity, number or 16 length for the benefit of property not within the subdivision and that those improvements be 17 dedicated to the public, subject to the provisions of Sections 66485 through 66489 of the 18 Subdivision Map Act. 19 (2) Improvement Plans. Before beginning construction of any improvements, a complete set of 20 plans, profiles, cross sections, and other drawings for all improvements, together with a complete 21 set of detailed specifications for the work, prepared according to Town standards and 22 specifications, shall be submitted to the Town Engineer for review and approval. Elevation datum 23 used on improvement plans shall be NAVD 1988 unless specifically authorized in writing by the 24 Town Engineer. Once approved, one (1) or more complete sets of plans and specifications, 25 including an electronic copy as required, shall be furnished to the satisfaction of the Town 26 Engineer. No work shall commence without approved plans and specifications. 27 (3) Design of Improvements. The design and layout of all required improvements, both on and 28 off site, private and public, shall conform to generally accepted engineering standards, or to such 29 standards as approved by the Town Engineer, and, where applicable, to the standards of Section 30 14-6.609, Design Standards. 31 (b) Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted 32 geometric section as deemed appropriate by the Town Engineer, including street structural sections, Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 40 1 curbs, gutters, sidewalks, alleys, street trees, street lights, driveway approaches and transitions, and 2 right-of-way surfaces. Property corners abutting the public right-of-way shall be located and marked in 3 a manner acceptable to the Town Engineer. 4 (c) Pedestrian Ways. Pedestrian ways, including paving, landscaping, fences and other amenities, 5 may be required in all locations indicated in the General Plan, Bicycle-Pedestrian Master Plan, or as 6 otherwise reasonably required by the Director of Community Development or Town Engineer pursuant 7 to adopted Town policies or regulations: 8 (1) To provide access to open spaces, paths, trails or bikeways. 9 (2) To connect streets having only one (1) outlet. 10 (3) To provide access to playgrounds, parks, schools, shopping areas, or similar community 11 facilities. 12 (d) Bikeways. Bikeways, including Class I paths, Class II bike lanes, Class III signed bike routes, 13 Class IV bikeways, and/or bicycle boulevards, may be required in all locations indicated in the General 14 Plan, Bicycle-Pedestrian Master Plan, or as otherwise reasonably required by the Director of 15 Community Development or Town Engineer pursuant to adopted Town policies or regulations. 16 Appropriate signs as may be required shall be furnished and installed by the subdivider. 17 (e) Trails and Greenbelts. Trail and greenbelt improvements may be required as indicated in the 18 General Plan, Bicycle and Pedestrian Master Plan, any applicable precise development plan or specific 19 plan, or as otherwise reasonably required by the Director of Community Development or Town 20 Engineer pursuant to adopted Town policies or regulations. 21 (f) Street Trees. The subdivider may be required to plant street trees at no more than twenty-five feet 22 (25) on center along all public or private streets within and/or bordering the subdivision. The location, 23 species and size of trees shall be as specified in any associated project approvals or as approved by 24 the Director of Public Works, and shall be indicated on the improvement plans. 25 (g) Stormwater Treatment. Stormwater runoff from the subdivision shall be treated on-site in 26 accordance with the stormwater management requirements in Chapter 20A of the Tiburon Municipal 27 Code, and shall be collected and conveyed by an approved storm drain system. Depending on the site 28 area involved, provide either: 1) a copy of the Storm Water Pollution Prevention Plan (SWPPP)for 29 construction, with General Permit registration documents to comply with, and the Notice of Intent(NOI) 30 for the project; or 2) an Erosion and Sedimentation Control Plan (ESCP) and an ESCP Application 31 Package. Town of Tiburon Ordinance No.XXX N.S. Effective 4--/2017 Page 41 1 (h) Storm Drainage Capacity. A study shall be prepared of the proposed drainage system for the 2 subdivision which details, at a minimum, the effects of any run-off on other drainage systems and the 3 ability of the proposed drainage system and any impacted drainage systems to convey run-off volumes 4 generated by the 100-year storm event, as approved by the Town Engineer. The storm drain system 5 shall provide for the protection of abutting and off-site properties that could be adversely affected by 6 any increase in run-off attributed to the subdivision. Off-site storm drainage improvements may be 7 required to satisfy this requirement. 8 (i) Sanitary Sewers. A sewage collection system designed and constructed to serve each unit or lot 9 within the subdivision and connected to the public sewer collection system shall be provided as 10 required, unless exempted by the Town Council pursuant to provisions of Chapter 13F of the Tiburon 11 Municipal Code. Sewer laterals connecting to the public sewer system shall comply with the 12 requirements of the applicable sanitary district. 13 Q) Water Supply. Each unit or lot within the subdivision shall be served by an approved water 14 distribution system designed and constructed to supply domestic water for use on each lot or by each 15 unit, for fire-fighting purposes, and to provide landscape irrigation as shown on approved plans. 16 (k) Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and 17 cable television facilities. All utility distribution facilities shall be placed underground. All transformers 18 shall be placed underground unless prior permission is granted by the Town to place them above 19 ground, in which case they shall be screened from public view by fencing, dense landscaping, or other 20 acceptable means. Other appurtenant equipment, such as pedestal-mounted terminal boxes and meter 21 cabinets, may be placed above ground but shall be screened from public view by fencing, dense 22 landscaping, or other acceptable means. No transformers or other appurtenant equipment shall be 23 placed in the public right-of-way or on any sidewalk. 24 (1) Fire Hydrants. Fire hydrants, gated connections, and appurtenances as required by the applicable 25 Fire District shall be provided. Improvement plans showing such hydrants, connections, and 26 appurtenances shall be shown on the improvement plans that are submitted for review and approval by 27 the Fire District. 28 (m) Off-Site Improvements. Pursuant to Section 66462.5 of the Subdivision Map Act, if the subdivider 29 is required to construct off-site improvements on land in which neither the Town nor the subdivider has 30 sufficient title or interest to allow construction, the Town shall, within one hundred twenty (120) days of 31 recording the final map, acquire by negotiation or commence condemnation of the land. Prior to 32 approval of the final map, the Town may require the subdivider to enter into an agreement to complete 33 the off-site improvements at the time the Town acquires title or interest in the land. If no such Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 42 1 agreement is required and the Town fails to meet the one hundred twenty (120) day time limit, the 2 condition for the construction shall be waived. The subdivider shall pay all costs of acquiring and all 3 costs associated with acquiring off-site land or an interest in the land required to construct the off-site 4 improvements. 5 (n) Exceptions. Exceptions to the standards set forth in this chapter may be approved by the Town 6 Engineer if all of the following findings are made: 7 (1) That the strict application of any such standard would result in practical difficulties or 8 unnecessary hardships inconsistent with the general purpose and intent of this chapter. 9 (2) That there are exceptional circumstances or conditions applicable to the property being 10 subdivided or to its intended use or development. 11 (3) That the granting of the exception will not be materially detrimental to the public welfare nor 12 injurious to the property being subdivided or to improvements in the immediate vicinity. 13 14-6.603 Improvement Agreements. 14 (a) General. Prior to the approval or commencement of the improvements required by Section 14- 15 6.602, the subdivider shall enter into an improvement agreement with the Town for the construction of 16 the required improvements. Such agreement is subject to the approval of the Town Council as 17 recommended by the Town Engineer and Director of Community Development, and approved as to 18 form by the Town Attorney. The agreement shall provide for: 19 (1) Construction of all improvements according to the approved plans and specifications on file 20 with the Town Engineer. 21 (2) Specified times for completion of improvements. 22 (3) Right by Town to require changes to the plans and specifications in accordance with the 23 development requirements and to require the subdivider to pay for the modifications. 24 (4) Payment of applicable fees as set forth in the applicable Town fee schedule(s). 25 (5) Improvement security in accordance with Section 66499 et seq. of the Subdivision Map Act. 26 (6) Posting of a performance bond for one hundred percent(100%) of the value of the 27 improvements for faithful performance, payment of all contractors and other persons employed in 28 the performance of the improvements, and for setting of final monuments. The value of the 29 improvements shall be calculated based on the most current prevailing wage rates and Caltrans Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 43 1 equipment rates, with inflation factors based on Engineering News-Record (ENR) figures and 2 construction management costs based on the most recent California Multi-Agency Benchmarking 3 Study. If any of these sources are no longer applicable or available, the Town Engineer shall 4 use reasonable discretion in selecting substitute sources for the calculation of the value of the 5 improvements. Upon completion and acceptance by the Town of the improvements, a one (1) 6 year warranty bond guaranteeing the constructed improvements from defects shall also be 7 provided. 8 (7) Release and indemnification of the Town from all liability incurred by the development and 9 payment of all reasonable attorney's fees that the Town may incur because of any legal action 10 arising from the development. 11 (8) Any other provisions required by the Town as reasonably necessary to comply with the 12 requirements of this chapter. 13 (b) Deferred Agreements. An agreement may be made between the subdivider and the Town to defer 14 the construction of public improvements until such time as the improvements are necessary to preserve 15 the general purposes of this title. No such agreement shall be valid until and unless it is secured by a 16 good and sufficient surety bond or cash deposit adequate to cover all the costs and administrative 17 expenses of the improvements in the event of default. The value of the improvements shall be 18 calculated based on the most current prevailing wage rates and Caltrans equipment rates, with inflation 19 factors based on Engineering News-Record (ENR) figures and construction management costs based 20 on the most recent California Multi-Agency Benchmarking Study. If any of these sources are no longer 21 applicable or available, the Town Engineer shall use reasonable discretion in selecting substitute 22 sources for the calculation of the value of the improvements. If the subdivider or subsequent owner of 23 the subdivision desires to construct the improvements, the Town will release the deposit to the 24 subdivider or subsequent owner of the subdivision after the improvements are constructed, inspected, 25 and accepted as complete by the Town. 26 14-6.604 Completion and Acceptance of Improvements. 27 (a) Completion. The subdivider shall complete the subdivision improvements within twelve (12) 28 months from the recording of the parcel map or final map, or at a time approved by the Town Engineer, 29 not to exceed twenty-four(24) months from the recording of the parcel map or final map, unless an 30 extension is granted in writing by the Town. If the subdivider fails to complete the improvements within 31 the specified time, the Town may, by resolution of the Town Council and at its option, cause any or all 32 uncompleted improvements to be completed and the parties executing the surety or sureties shall be 33 firmly bound for the payment of all necessary costs. All improvements are subject to inspection by the Town of Tiburon Ordinance No.XXX N.S. Effective 4--/2017 Page 44 1 Town Engineer to ensure that they have been completed in accordance with the improvement 2 agreement. 3 (b) Acceptance. Upon completion of the improvements required by the provisions of this article, the 4 subdivider or his authorized agent shall file a complete set of as-built record drawings with the Town 5 Engineer. The as-built drawings shall be on polyester base film with a twenty-two inch (22") by thirty- 6 four inch (34") format. All as-built drawings shall also be provided in an electronic format acceptable to 7 the Town Engineer. Such record drawings shall be certified as to accuracy and completeness by the 8 subdivider's engineer of record. Upon the receipt and acceptance of such record drawings for major 9 subdivisions, the Town Engineer shall recommend to the Town Council the formal acceptance of the 10 improvements. 11 (c) Acceptance of a Portion of Improvements. When requested by the subdivider in writing, the Town 12 may consider acceptance of a portion of the improvements as recommended by the Town Engineer. 13 The improvements will be accepted by the Town Council only if it finds that it is in the public interest 14 and such improvements are for the use of the general public. Acceptance of a portion of the 15 improvements shall not relieve the subdivider from any other requirements imposed by this chapter. 16 Acceptance of a portion of the improvements shall be in accordance with subsection (b) of this section. 17 14-6.605 Dedications. 18 When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an 19 irrevocable offer of dedication of land within the subdivision that is needed for: 20 (a) Streets, Alleys and Other Public Rights-of-Way or Easements. Streets and alleys, including 21 access rights and abutters' rights, drainage, public utility easements and other public easements, as 22 deemed necessary by the Town Engineer. The waiver of direct access rights, as provided by Section 23 66476 of the Subdivision Map Act, may be required if the Town determines that the public interest 24 necessitates such a waiver. 25 (b) Bicycle Paths. Bicycle paths as determined in the reasonable discretion of the Town Engineer to 26 be necessary for the use, safety, and benefit of the residents of the subdivision. 27 (c) Transit Facilities. Local transit facilities such as bus turnouts, benches, shelters, landing pads and 28 similar items that directly benefit the residents of the subdivision. 29 (d) Parkland/Open Space. Land for open space, park and recreational purposes, based on the 30 General Plan Parks and Recreation Element standard of five (5) new acres of parkland per one 31 thousand (1,000) new residents, and in conformance with the requirements of Section 66477 of the 32 Subdivision Map Act. In lieu of such dedication, the Town may require the subdivider to make an in-lieu Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 45 1 contribution to the Town's Park & Recreation Fund, or may require a combination of such land 2 dedication and in-lieu fee pursuant to the requirements of Section 66477 of the Subdivision Map Act. 3 Refer to Section 14-6.609(1) for specifics. 4 (e) Drainage Facilities. Storm drain rights-of-way or easements as deemed necessary by the Town 5 Engineer. 6 14-6.606 Acceptance of Dedications. 7 (a) Action Upon Approval of Map. At the time the Town Council approves a final map or parcel map, 8 the Town Council shall also accept, accept subject to improvement, or reject any offer of dedication. 9 The Town Clerk shall certify or state on the map the Town Council's action. 10 (b) Rescission of Rejection. If, at the time the final map or parcel map is approved, any streets, paths, 11 alleys, public utility easements, rights-of-way for local transit facilities that directly benefit the residents 12 of a subdivision, or storm drainage easements are rejected by the Town, the offer of dedication shall 13 remain open and the Town may at any later date, and without further action by the subdivider, rescind 14' its action and accept and open the streets, paths, alleys, public utility easements, rights-of-way for local 15 transit facilities or storm drainage easements for public use, which acceptance shall be recorded in the 16 office of the Marin County Recorder. 17 (c) Termination of Offers. Offers of dedications may be terminated and abandoned in the same 18 manner as prescribed for the summary vacation of streets by California Streets and Highways Code 19 Division 9, Part 3 (commencing with Section 8300). 20 14-6.607 Recordation of Dedications. 21 The Town shall record a certificate with the Marin County Recorder for any dedication for public 22 purpose or for making public improvements or constructing public facilities, other than for open space, 23 parks, or schools. The certificate shall be included on the map and shall conform to applicable 24 provisions of the Subdivision Map Act regarding dedications. 25 14-6.608 Reservations. 26 Reservations of land for public use shall be in accordance with Sections 66479 through 66482 of the 27 Subdivision Map Act. As a condition of approval of a tentative map, the subdivider shall reserve sites, 28 appropriate in area and location, for parks, recreational facilities, open spaces or other public uses 29 according to the standards contained in this Article. 30 14-6.609 Design Standards. 31 The intent of this section is to set forth standards for the subdivision of land consistent with Town of 32 Tiburon standards and policies, the Subdivision Map Act, and the Tiburon General Plan. Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 46 1 (a) Access. 2 (1) A subdivision shall abut upon or have an approved access to a public or private street. 3 Each unit or lot within the subdivision shall have access to a public or private street. 4 (2) Street layout shall be designed to provide for future access to undeveloped property 5 adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the 6 boundaries of subdivisions, shall be dedicated unconditionally to the Town when required. 7 (3) In no event shall lots in a proposed subdivision that do not abut a public or private street be 8 served by access that traverses an existing lot that abuts a public or private street. This does not 9 preclude flag lots where access through an existing parcel abuts an existing property line. 10 (b) Streets and Paths. 11 (1) Private streets, alleys, or access corridors are not permitted unless approved as part of a 12 major or minor subdivision pursuant to the requirements of this chapter, and provisions are made 13 for their improvement and permanent maintenance. 14 (2) Streets shall be graded and improved in accordance with generally accepted engineering 15 standards, the standard specifications for public works construction as set forth in the most 16 current Caltrans Standards and Specifications and such standards as approved by the Town 17 Engineer. 18 (3) Minimum right-of-way widths for streets and paths shall be as determined by the Town 19 Engineer or as set forth in an applicable precise development plan. 20 (4) Reserve strips controlling the access to streets or other public rights-of-way shall generally 21 not be approved unless such strips are necessary for the protection of the public welfare or 22 property. 23 (5) Pavement Design. 24 a. The structural design of the pavement, including the determination of the thickness and 25 type of sub-base, base, and surfacing to be placed over the basement soil, is subject to the 26 approval of the Town Engineer. 27 b. The structural design of the pavement shall be designed in accordance with Caltrans 28 Standards for a 30-year life. Traffic Index for the roadway shall be not less than 7.0 for a Town of Tiburon Ordinance No.XXX N.S. Effective 4--/2017 Page 47 1 residential or local road and not less than 8.0 for a collector and not less than 10.0 for an 2 arterial. The minimum asphalt thickness shall be 5 inches. 3 c. The subdivider, at his or her expense, shall make tests of the soil over which the 4 surfacing and base is to be constructed and furnish the test reports to the Town Engineer 5 for use in determining a preliminary structural design of the road bed. The maximum 6 design R-value for any soil including lime treated soil will be 40. Locations without specific 7 R-values tests shall be assumed for design purposes to have an R-value of 5. 8 (6) Curbs, gutters, and sidewalks, where required by the Town Engineer, shall be installed in 9 accordance with generally accepted engineering standards, the standard specifications for public 10 works construction as set forth in the most current Caltrans Standard Plans and Specifications. 11 All sidewalks shall comply with the applicable accessibility requirements of the Americans with 12 Disabilities Act. 13 (7) Traffic signs, signals, pavement markings, and street name signs conforming to Town 14 standards and the latest California Manual on Uniform Traffic Control Devices(MUTCD) shall be 15 installed by the subdivider. 16 (8) All proposed street names shall be reviewed and approved by the Director of Community 17 Development, Police Department, applicable Fire District, and other interested agencies, prior to 18 filing of a final or parcel map, and shall be shown on such map. Proposed street names for 19 streets that are to be dedicated or otherwise publicly maintained shall be referred to the Heritage 20 &Arts Commission for its recommendations prior to approval of the street names. 21 (9) Street lights shall be provided in accordance with Town standards as required by the Town 22 Engineer and their location shall be shown on the construction plans in plan view, elevation view, 23 and a typical street cross section. 24 (c) Lot Requirements. 25 (1) Lots shall comply with the following requirements: 26 27 a. Areas and widths of lots. The area and width of lots or parcels in a subdivision 28 map shall conform to the particular zoning district in which the property is located. In 29 instances where the percent of slope of a parcel or lot exceeds fifteen percent, the 30 minimum lot area shall be based on Table 14-1 below. Lot area shall be as defined in 31 Chapter 16. 32 b. In no case shall a minimum parcel or lot area derived from Table 14-1 take 33 precedence over a minimum area derived from the land and structure regulations of Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 48 1 the zone in which the property is located when the number derived from Table 14-1 is 2 the lesser of the two numbers. 3 c. Table 14-1 shall not apply to land in the RPD and RMP zones, but may be used as 4 a guideline in the appropriate sizing of lots. 5 d. Percent of slope shall be calculated before grading and shall be measured along a 6 line passing through the center of the lot or the building site between lot lines and 7 perpendicular to the natural contours; this choice shall be made by the Director of 8 Community Development. 9 e. The calculation of percent of slope shall be based on an accurate topographical 10 survey of existing conditions. 11 f. No lot shall be created which has a frontage of less than sixty-five feet, unless 12 otherwise established by a precise development plan or other zoning permit. Flag lots, 13 where permitted, shall have a minimum frontage of no less than twenty (20)feet. 14 15 Table 14-1. Calculation of Minimum Lot Area Based on Percent of Slope Percent of Slope Minimum Lot Area 0%to 14.99% See Zone Regulations 15%to 19.99% 15,000 square feet 20% to 24.99% 20,000 square feet 25%to 29.99% 25,000 square feet 30%to 34.99% 30,000 square feet 35% or greater 43,560 square feet 16 17 (2) Exception. This subsection (c) shall not apply to any lot or parcel which the subdivider 18 offers to dedicate to the Town or any public agency or district. 19 20 (d) Water Connection. 21 (1) Water supply facilities shall be shown on all improvement plans and shall be Marin 22 Municipal Water District(MMWD)facilities installed in accordance with MMWD standards. 23 (2) Water lines shall be installed to the end of new paving on any street that might need a 24 water extension to avoid the need for a trench cut in new paving. 25 (3) Easements not less than ten feet(10') in width shall be provided within the subdivision 26 where required for construction and maintenance of water facilities or as otherwise required by 27 MMWD. Town of Tiburon Ordinance No.XXX N.S. Effective 4--/2017 Page 49 1 (e) Sanitary Sewers. 2 (1) Sanitary sewer mains shall be shown on all improvement plans and shall be designed and 3 installed in accordance with the standards of the applicable sanitary district. 4 (2) All required sanitary sewer laterals shall be shown on all improvement plans and shall 5 comply with the requirements of the applicable sanitary district. 6 (f) Prime Open Space Preservation. As set forth in the Open Space & Conservation Element of the 7 General Plan, evaluation of the prime open space characteristics listed below shall be considered 8 during the development review process: 9 (1) Trees and Woodlands. 10 (2) Ridgelines and Views. 11 (3) Wetlands, Water and Shoreline Areas. 12 (4) Streams and Riparian Corridors. 13 (5) Flood-prone Areas and Steep Slopes. 14 (6) Wildlife and Wildlife Habitat. 15 (g) Grading. Grading shall be reviewed for consistency with policies set forth in the Open Space & 16 Conservation Element of the General Plan. Grading shall be performed in accordance with Town 17 standards, including, but not limited to, the grading standards applied by the Town Engineer and the 18 building regulations set forth in Chapter 13 of the Tiburon Municipal Code. No grading shall be 19 performed without prior review and approval of the Town Engineer and Director of Community 20 Development and without issuance of a grading permit from the Tiburon Building Division. Grading 21 may be limited to the dry season in the reasonable discretion of the Town Engineer or Building Official. 22 (h) Communications Facilities. A subdivision shall provide franchised cable television systems and 23 communication systems, including, but not limited to, telephone and Internet services, an opportunity to 24 construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public 25 utility use, any equipment necessary to extend services to each parcel in the subdivision. For the 26 purposes of this section, "franchised cable television systems" means those systems franchised or 27 licensed to serve the geographical area in which the subdivision is located. This section shall not apply 28 to the conversion of existing dwelling units to condominiums, community apartments, or stock 29 cooperatives. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 50 1 (i) Energy Conservation and Solar Access. 2 (1) A subdivision for which a tentative map is required shall provide, to the extent feasible, for 3 future passive or natural heating or cooling opportunities in the subdivision. Examples of passive 4 or natural heating opportunities in subdivision design include design of lot size and configuration 5 to permit orientation of a structure in an east-west alignment for southern exposure. 6 (2) Examples of passive or natural cooling opportunities include design of lot size and 7 configuration to permit orientation of a structure to take advantage of shade or prevailing 8 breezes. 9 (3) Consideration shall be given to local climate, to contour, to configuration of the parcel to be 10 divided, and to other design and improvement requirements, and such provision shall not result 11 in reducing allowable densities or the percentage of a lot which may be occupied by a building or 12 structure. 13 (4) The requirements of this subsection do.not apply to condominium projects that consist of 14 the subdivision of airspace in an existing building when no new structures are added. 15 (j) Natural and Cultural Resources. Sensitive habitat areas, archeological resources, and designated 16 and potential historic resources shall be shown and identified on the tentative map and on improvement 17 and landscape plans. Such features shall be preserved as required by the Town. 18 (k) Parkland Dedications. 19 (1) As a condition to the approval of a tentative map, the subdivider shall be required to 20 dedicate land, pay fees or a combination of both, for park or recreational facilities in 21 accordance with the provisions of this section, section 66477 of the Government Code, and the 22 Parks and Recreation Element of the General Plan. Such fees or dedications shall bear 23 reasonable relationship to the use of the park and recreational facilities by the future 24 inhabitants of the subdivision. 25 (2) General. The payment of fees, or the dedication of land, or both, shall be in a 26 proportionate amount necessary to provide five (5) acres of property devoted to local park or 27 recreational purposes for each one thousand (1,000) persons residing in the town. 28 (3) Exemptions. The following shall be exempt from the provisions of this section: 29 a. Subdivisions of less than five (5) parcels that are not used for residential purposes 30 unless a building permit for a residential structure is requested for one (1) of the 31 parcels within four(4) years of the date of subdivision approval; and 32 b. Commercial and industrial subdivisions and condominium projects or stock 33 cooperatives which consist of subdivision of airspace in an existing apartment building Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 51 1 more than five (5) years old when no new dwelling units are added. 2 (4) Payment of fees. Only the payment of fees may be required in subdivisions containing 3 fifty (50) parcels or less, except that when a condominium project exceeds fifty (50) dwelling 4 units, dedication of land may be required notwithstanding the number of parcels may be less 5 than fifty (50). 6 (5) Land dedication and fee payment procedure. At the time of approval of a tentative, 7 final or parcel map, the Town Council shall determine the land to be dedicated and/or fees to 8 be paid by the subdivider based on the provisions of subsection (6) of this section. Covenants 9 for dedicated land shall be submitted to the Town prior to approval of a final subdivision map 10 and shall be recorded at the same time as the final map. Fees shall be paid to the Town and 11 other public agencies, if applicable, in accordance with the provisions set forth in subsection (i) 12 of section 66477 of the Government Code. 13 (6) Determination of dedications and fees. Land dedications and fees shall be determined 14 as set forth in this subsection. 15 a. Formula for dedication of land. Where a park or recreating facility has been 16 designated in the General Plan, and is to be located in whole or in part within the 17 proposed subdivision to serve the immediate and future need's of the residents of the 18 subdivision, the subdivider shall dedicate land for a local park sufficient in size and 19 topography that bears a reasonable relationship to serve the present and future needs 20 of the residents of the subdivision. The amount of land to be provided shall be 21 determined pursuant to the following formula: 22 b. Formula based on population estimate. The formula for determining acreage to be 23 dedicated shall be as set forth in Table 14-2. This table is based on 2010 U.S. Census 24 Information and has been establish pursuant to Section 66477 of the Subdivision Map 25 Act. 26 27 Table 14-2. Parkland Dedication Formula Based on Population Dwelling Type Average Density Parkland Standard Standard (Persons/Dwelling Unit From General Plan (Acres/Dwelling Unit) Single Family/2-family 2.5 5 ac./1,000 persons .0125 Multi-family 2.0 5 ac./1,000 persons .01 28 29 c. Updated Census Data. At any future point in time, when updated U.S. Census 30 Information is released to the general public and accepted as accurate by the Town, 31 the formula set forth in Table 14-2 for determining parkland to be dedicated shall be 32 substituted using the updated Census numbers. 33 34 (7) Improvements. The subdivider shall, without credit: Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 52 1 a. Provide full street improvements and utility connections including, but not limited to, 2 curbs, gutters, street paving, traffic control devices, street lighting, street trees and 3 sidewalks to land which is dedicated pursuant to this section; 4 b. Provide for fencing along the property line of that portion of the subdivision 5 contiguous to the dedicated land; 6 c. Provide improved drainage through the site; and 7 d. Provide other minimal improvements which the Town Council determines to be 8 essential to the acceptance of the land for recreational purposes. 9 10 (8) Formula for fees in lieu,of land dedication. If the subdivision contains fewer than fifty 11 (50) units or parcels, or if there is no park or recreation facility designated in the General Plan 12 to be located in whole or in part within the proposed subdivision to serve the immediate and 13 future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, 14 pay a fee equal to the value of that land. Fees in lieu of land dedication shall be determined in 15 accordance with Table 14-3. Such fees shall be used for a local park which bears a reasonable 16 relationship to serve the present and future residents of the area being subdivided. 17 18 Table 14-3. Formula for In Lieu Fee 5 acres FMV of land DUs X Population X X = In Lieu Fee 1,000 Buildable D.U. population Acreage 19 Where: D.U. = dwelling units; FMV=fair market value as determined by subsection (10) below; and 20 Buildable Acreage = total acreage of the property minus land below the line of mean high tide. 21 22 (9) Number of dwelling units. For the purpose of this section, the number of new dwelling 23 units shall be based upon the number of parcels indicated on the map when in an area zoned 24 for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned 25 for more than one dwelling unit per parcel, the number of proposed dwelling units in the area 26 so zoned shall equal the maximum allowed under the zone. In the case of a condominium 27 project, the number of new dwelling units shall be the number of condominium units. The term 28 "new dwelling units" does not include dwelling units lawfully in place prior to the date on which 29 the parcel or final map is filed. 30 (10) Determination of fair market value. The fair market value shall be determined by the 31 Town through generally-recognized and accepted methods, including but not limited to a 32 written appraisal report prepared and signed by an appraiser acceptable to the Town. The 33 appraisal shall be at the expense of the applicant and shall be prepared immediately prior to 34 the filing of the final map or parcel map. The subdivider shall notify the Town of the expected 35 filing date at least six (6)weeks prior to filing the final map or parcel map. If more than one (1) Town of Tiburon Ordinance No.XXX N.S. Effective--1--12017 Page 53 1 year elapses prior to filing the final map or parcel map, the Town will update the appraisal at 2 subdivder's expense. If the subdivider objects to the determined fair market value, he/she may 3 appeal to the Town Council. The determination of the fair market value shall consider, but shall 4 not be limited to, the following: 5 a. Approval of and conditions of the tentative subdivision map; 6 b. The General Plan; 7 c. Zoning; 8 d. Property location; 9 e. Off-site improvements facilitating use of the property; 10 f. Site characteristics of the property; and 11 g. Comparable property transactions within the market area. 12 (11) Use of money. Any in lieu fees collected shall be used only for the purpose of acquiring 13 necessary land and developing new or rehabilitating existing park or recreational facilities 14 reasonably related to serving the subdivision. 15 (12) Commitment of fees. Any fees collected pursuant to this section shall be committed 16 within five years after payment of the fees or the issuance of building permits on one-half of.the 17 lots created by the subdivision, whichever occurs later. If the fees are not committed, they, 18 without any deductions, shall be distributed and paid to the then record owners of the 19 subdivision in the same proportion that the size of each lot bears to the total area of all lots in 20 the subdivision. 21 (13) Development schedule. The Town Council shall specify how, when, and where it will 22 use the land or fees or both to develop park or recreational facilities. 23 (14) Credit. Credit against the payment of fees or dedication of land required by this section 24 shall be given in accordance with the provisions of the following subsections. 25 a. If the subdivider provides park and recreational improvements to the dedicated 26 land, the value of the improvements together with any equipment located thereon shall 27 be a credit against the payment of fees or dedication of land required by this section. 28 b. Planned developments, real estate developments, stock cooperatives, and 29 community apartment projects, as defined in sections 11003, 11003.1, 11003.2, 30 11003.4 and 11004, respectively, of the Business and Professions Code, and 31 condominiums, as defined in section 783 of the Civil Code, shall be eligible to receive 32 a credit, as determined by the Town Council, against the amount of land required to be 33 dedicated, or the amount of the fee imposed, pursuant to this section, for the value of 34 private open space within the development which is usable for active recreational 35 uses. For the purposes of this section, private open space is that open space which is 36 available to all residents within the development. Town of Tiburon Ordinance No.XXXN.S. Effective 4--/2017 Page 54 1 Article 7. Condominium Conversions 2 14-7.701 Condominium and Other Projects. 3 (a) All condominium subdivisions are required to comply with zoning permit provisions set forth in 4 Chapter 16 of the Tiburon Municipal Code, prior to the approval of any application for a subdivision. 5 (b) A map of a condominium project need not show the buildings or the manner in which the buildings 6 or the airspace above the property shown on the map are to be divided. Approval of a tentative, parcel 7 or final map of a condominium project shall not be denied on account of the design or location of 8 buildings which are not in violation of town ordinances or on account of the manner in which airspace is 9 to be divided in conveying the condominium. Fees and lot design requirements shall be computed and 10 imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown 11 thereon as included in the project. 12 13 14-7.702 Conversions. 14 The conversion of existing buildings into a condominium project shall, in addition to all other 15 requirements set forth in the Tiburon Municipal Code, comply with the provisions of sections 66427.1 16 and 66427.2 of the Government Code. The conversion of a mobile home park to a condominium or 17 other use shall, in addition to all other requirements set forth in the Tiburon Municipal Code, comply 18 with the applicable provisions of sections 66427.4 and 66428.1 of the Government Code. 19 Article 8. Covenant of Easement 20 14-8.801 General Provisions. 21 The method of creation of easements authorized by this chapter shall be in addition to any other 22 method allowed by law. 23 14-8.802 Creation of Easement. 24 An easement may be created pursuant to this article by a recorded covenant of easement made by an 25 owner of real property to the Town of Tiburon, in accordance with the procedures set forth in this 26 chapter. 27 14-8.803 Purposes of Easement. 28 An easement created pursuant to this chapter may be for one (1) or more of the following purposes: 29 (a) Parking. 30 (b) Ingress and egress. 31 (c) Emergency access. 32 (d) Light and air access. Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 55 1 (e) Landscaping. 2 (f) Open space. 3 (g) Access to and/or operation and maintenance of a stormwater treatment measure. 4 14-8.804 Common Ownership. 5 At the time of recording of the covenant of easement, all the real property benefited or burdened under 6 it shall be in common ownership. 7 14-8.805 Contents of Covenant. 8 A covenant of easement recorded pursuant to this article shall be executed by the owner of the 9 burdened property and shall include all of the following: 10 (a) A legal description of the real property to be subject to the easement. 11 (b) A legal description of the real property to be benefited by the easement. 12 (c) Identification of the Town approval, permit or designation which was granted,in reliance upon 13 recordation of the covenant or for which recordation of the covenant is or was a requirement. 14 (d) A description of the purpose(s) of the easement. 15 14-8.806 Acceptance by Town Council. 16 The Town Council may accept a covenant of easement as described in this chapter when such an 17 easement, when offered voluntarily or when required by a condition of a land use approval, permit or 18 this chapter, is first reviewed and approved by the Town Attorney. 19 14-8.807 Recordation. 20 The covenant of easement shall be recorded in the Marin County Recorder's Office. A copy of the 21 recorded document shall be provided to the Town Manager, Town Clerk, and Director of Community 22 Development. 23 14-8.808 When Effective. 24 (a) The covenant of easement shall be effective when recorded and shall act as an easement 25 pursuant to California Civil Code Title 2, Part 2, Division 2, Chapter 3 (commencing with Section 801), 26 except that it shall not merge into any other interest in the real property. 27 (b) From and after the time of its recordation, the covenant shall impart notice thereof to all persons 28 to the extent afforded by the recording laws of the State of California. 29 14-8.809 Enforceability. Town of Tiburon Ordinance No.XXX N.S. Effective--1--12017 Page 56 1 Upon recordation, the burdens of the covenant shall be binding upon, and the benefits shall inure to, all 2 successors in interest to the affected real property. Nothing in this article shall create in any person 3 other than the Town of Tiburon and the owner of real property benefited or burdened by the covenant 4 standing to enforce or to challenge the covenant or any amendment to it or release from it. 5 14-8.810 Release of Covenant. 6 Pursuant to and in accordance with the provisions hereinafter set forth in this article, the Town Council 7 may approve and authorize recordation of a release of a covenant of easement. 8 14-8.811 Petition for Release. 9 A petition for release of a covenant of easement may be made by any person whether or not that 10 person has title to the real property, and shall be filed in writing with the Director of Community 11 Development on a form furnished by the Director. The form of the petition and the information required 12 to be set forth in them shall be prescribed by the Director. The Director shall not accept any such 13 petition for filing unless: 14 (a) All information and data is set forth and shown''as required by the form;' 15 (b) The petition is verified by the party making the petition; and 16 (c) The applicable filing fee has been paid. 17 14-8.812 Fees. 18 The fee for filing a petition for release of a covenant of easement pursuant to this article shall be as set 19 forth in the applicable Town fee schedule(s). 20 14-8.813 Hearing by Town Council. 21 (a) Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by 22 the Director of Community Development, the Director shall set a date for the public hearing by the 23 Town Council. The date of hearing shall be not less than twenty (20) nor more than sixty (60) days after 24 the date the application was accepted as complete by the Director. Notice shall be provided in 25 accordance with applicable law. 26 (b) The Director shall provide a report and recommendation to the Town Council. In addition, the 27 Director shall file with the Town Council at its hearing all relevant papers, documents, and exhibits. 28 Within forty-five (45) days after the Town Council has concluded its hearing, it shall, by resolution, set 29 forth its findings and decision on the matter. The Town Council may decide to grant the petition, 30 conditionally grant the petition or deny the petition. Town of Tiburon Ordinance No.XXXN.S. Effective 4--/2017 Page 57 1 (c) The decision of the Town Council shall be final on the date of adoption of a resolution setting forth 2 its findings and decision. 3 14-8.814 Findings. 4 The Town Council may grant the petition for release of the covenant of easement only upon a finding 5 that the restriction of the property is no longer necessary to achieve the land use goals of the Town. 6 14-8.815 Release to Be Recorded. 7 Within fifteen (15) days after the action of the Town Council in granting a petition for release has 8 become final, the Director shall cause the release to be recorded in the Marin County Recorder's 9 Office, and a copy of the recorded document shall be provided to the applicant and the Town Manager, 10 Town Clerk, and Town Attorney. 11 Article 9. Notice of Violation 12 14-9.901 Tentative Notice of Violation. 13 Whenever the Director finds that any real property may have been divided, or any boundary line of any 14 parcel relocated, in violation of this chapter, he or she shall cause to be mailed, by certified mail to the 15 then current owner of record of the property, a notice of intent to record a notice of violation. Such 16 tentative notice of violation shall contain the following: 17 (a) Property description. A description of the real property; 18 (b) Record owner. The name(s) and address(es) of the owner(s) of record; 19 (c) Violations. A description of the violation(s) alleged; 20 (d) Explanation. An explanation as to why the subject parcel is not lawful under the 21 relevant provisions of this chapter and the Subdivision Map Act, specifically Sections 66412.6(a) and 22 (b); and 23 (e) Notice of meeting. A notice setting forth the time, date and place where the Planning 24 Commission will conduct a meeting to consider the possible violation(s) of this chapter. 25 26 14-9.902 Response by Owner. 27 Within fifteen (15) days of receipt of the tentative notice of violation described in section 14- 28 9.901, the property owner of record shall inform the Director in writing of his or her objection to the 29 recordation of a notice of violation. Failure to so inform the Director shall result in a notice of violation 30 being recorded with the County Recorder. 31 32 14-9.903 Opportunity to Present Evidence. 33 The meeting described in section 14-9.901 shall be conducted no less than thirty (30) days, 34 and no more than sixty (60) days, after the mailing of the tentative notice of violation. At the meeting 35 the owners of the property shall be given the opportunity to present any evidence relevant to show why Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 58 1 a notice of violation should not be recorded. 2 3 14-9.904 Action by Planning Commission. 4 After the owner has had the opportunity to present evidence at the meeting, the Planning 5 Commission shall take either of the following actions: 6 (a) Clearance letter. Determine that there has been no violation and instruct the Director to 7 mail a clearance letter to the then current owner of record; or 8 (b) Notice of violation. Determine that the property has in fact been illegally divided and 9 instruct the Director to record a notice of violation with the county recorder. 10 11 14-9.905 Appeal. 12 The decision of the Planning Commission may be appealed to the Town Council within ten (10) days of 13 the decision in accordance with the appeal procedures in Article 6 of Chapter 16. 14 14-9.906 Alternative Remedies. 15 The provisions of this article do not limit the legal remedies available to the town for violation of 16 this chapter. Such remedies include, but are not limited to; an action to restrain or enjoin activities 17 inconsistent with this chapter of the Subdivision Map Act. 18 19 Section 4. Severability. 20 21 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any 22 reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, 23 such decision shall not affect the validity of the remaining portions of the Ordinance. The 24 Town Council of the Town of Tiburon hereby declares that it would have passed this 25 Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact 26 that any one or more sections, subsections, sentences, clauses, or phrases may be declared 27 invalid or unconstitutional. 28 29 Section 5. Effective Date. 30 31 This ordinance shall be in full force and effect thirty (30) days after the date of 32 adoption. Pursuant to the provisions of the California Government Code, a summary of this 33 ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town 34 Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) 35 publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) 36 post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen(15) days 37 after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a 38 newspaper of general circulation in the Town of Tiburon, and (2)post in the office of the 39 Town Clerk a certified copy of the ordinance along with the names of those Council members 40 voting for and against the ordinance. 41 Town of Tiburon Ordinance No.XXXN.S. Effective--1--/2017 Page 59 1 This ordinance was introduced at a regular meeting of the Town Council of the Town 2 of Tiburon on May 17, 2017, and was adopted at a regular meeting of the Town Council of the 3 Town of Tiburon on , 2017, which was noticed pursuant to relevant 4 sections of the California Government Code, by the following vote: 5 6 7 AYES: COUNCILMEMBERS: 8 9 NAYS: COUNCILMEMBERS: 10 11 ABSENT: COUNCILMEMBERS: 12 13 14 15 16 JIM FRASER, MAYOR 17 TOWN OF TIBURON 18 ATTEST: 19 20 21 22 LEA STEFANI, TOWN CLERK Town of Tiburon Ordinance No.XXX N.S. Effective--1--/2017 Page 60 CtArrtwim Olqs) Chapter 14 14-4.9 Vesting on approval. 14-4.10 Fees. SUBDIVISION OF LAND Article V. Final Maps Sections: 14-5.1 Intent. Article I. Intent and Organization 14-5.2 Preparation. 14-1.1 Title and intent. 14-5.3 Phasing. 14-1.2 Statement of policy. 14-5.4 Survey required. 14-1.3 Authority. . 14-5.5 Form. 14-1.4 Organization. 14-5.6 Contents. 14-5.7 Submittal for town approval. Article II. General Provisions 14-5.8 Review by town engineer. 14-2.1 Intent. 14-5.9 Approval by town engineer. 14-2.2 Definitions. 14-5.10 Improvements. 14-2.3 Required mapping. 14-5.11 Approval by town council. 14-2.4 Compliance. 14-5.12 Waiver of inadvertent error. 14-2.5 Lot corners. 14-5.13 Recordation. 14-2.6 Centerline monuments. 14-5.14 Fees. 14-2.7 Monument identification. 14-2.8 Monument inspection. Article VI. Parcel Maps 14-2.9 Condominium and other 14-6.1 Intent. projects. 14-6.2 Parcel map required. 14-2.10 Conversions. 14-6.3 Preparation. 14-6.4 Dedications or offers. Article III. Tentative Maps 14-6.5 Field survey. 14-3,1 Intent, : 14-6.6 Necessary statements. 14-3.2 Requirement for application. 14-6.7 Preliminary submittal. 14-3.3, Contents. 14-6.8 Review and approval. 14-3.4 Accompanying information. 14-6.9 Waiver of parcel map. 14-3.5 Review procedures. 14-6.10 Fees. 14-3.6 Review findings. 14-3.7 .Expiration date. Article VII. Standards and Requirements 14-3.8 Amendment of approved 14-7.1 Intent. tentative maps. 14-7.2 Applicability. 14-7.3 Lot requirements. Article IV. Vesting Tentative Maps 14-7.4 Streets and pedestrian ways. 14-4.1 Intent. 14-7.5 Street names. 14-4.2 Consistency. 14-7.6 Existing vegetation. 14-4.3 Applicability. 14-7.7 Ridgelines and views. 14-4.4 Filing. 14-7.8 Utility easements. 14-4.5 Contents. 14-7.9 Parkland dedications. 14-4.6 Accompanying information. 14-7.10 Reservations. 14-4.7 Processing. 14-4.8 Expiration and extension. 118 i .,._...,...,..,...., _,,.�. ...... ...e a <..,,%'o,,.x..a,..=.,.:........,__.,.,. 14-1.1 14-7.11 Supplemental improvements 14-10.11 Return of fees and deposits. and reimbursement 14-10.12 Delivery of final map. agreements. 14-10.13 Effect of filing final map. 14-7.12 Grading and erosion control. 14-10.14 Effect of filing parcel map. 14-7.13 Drainage and flood control. 14-7.14 Public access to public Article XI. Lot Line Adjustments resources. 14-11.1 Intent. 14-7.15 Dedication of solar access 14-11.2 Requirements for application. easements. 14-11.3 Review procedures. 14-7.16 Indemnification. 14-11.4 Development requirements. 14-7.17 Nonresidential subdivisions. 14-7.18 Soils reports. Article XII. Certificates of Compliance 14-7.19 Subsurface geotechnic reports. 14-12.1 Intent. 14-7.20 Land capacity reports. 14-12.2 Requirements for application. 14-12.3 Review procedures. Article VIII. Statutory Mergers 14-12.4 Determinations and 14-8.1 Intent. requirements for issuance. 14-8.2 Definitions. 14-12.5 Documents constituting 14-8.3 Requirements for application. certificates of compliance. 14-8.4 Review procedures. 14-12.6 Real property approved for development. Article IX. Voluntary Mergers 14-12.7 Date of subdivision regulations. 14-9.1 Intent. 14-9.2 Initiation by property owner. Article XIII. Notice of Violation 14-9.3 Review procedure. 14-13.1 Intent. 14-9.4 Development requirements. 14-13.2 Tentative notice of violation. 14-13.3 Response by owner. Article X. Reversion to Acreage 14-13.4 Opportunity to present 14-10.1 Intent. evidence. 14-10.2 Initiation of proceedings by 14-13.5 Action by director. owners. 14-13.6 Alternative remedies. 14-10.3 Initiation of proceedings by town council. Article I. Intent and Organization 14-10.4 Documents used for reversion to acreage. 14-1.1 Title and intent. 14-10.5 Required information for final Chapter 14 constitutes the subdivision ordinance. map procedure. The intent of this chapter is to govern the subdivi- 14-10.6 Required information for sion of property in the Town of Tiburon and to parcel map procedure. effect the following purposes: 14-10.7 Fees. (a) Subdivision Map Act supplement.To supple- 14-10.8 Review procedures. ment and implement the Subdivision Map Act, 14-10.9 Findings. Government Code section 66410,et seq. In instanc- 14-10.10 Conditions. es where this chapter is in direct conflict with the Subdivision Map Act, the latter shall control; 119 14-1.1 (b) Plan implementation. To implement the 14-1.4 Organization. Tiburon general plan and any precise development Chapter 14 consists of the following articles: plan or specific plan; and (a) Article I, Intent and Organization; (c) Orderly process. To establish reasonable (b) Article II, General Provisions; standards of design and reasonable procedures for (c) Article III, Tentative Maps; subdivision and resubdivision in order to further the (d) Article IV, Vesting Tentative Maps; orderly layout and use of land and insure proper (e) Article V, Final Maps; legal descriptions and monumenting of subdivided (f) Article VI, Parcel Maps; land. (Ord. No. 395 N.S., § 2 (part)) (g) Article VII, Standards and Requirements; (h) Article VIII, Statutory Mergers; 14-1.2 Statement of policy. (i) Article IX, Voluntary Mergers; It is the policy of the Town of Tiburon regarding 0) Article X, Reversion to Acreage; subdivisions that: (k) Article XI, Lot Line Adjustments; (a) Town control. The subdivision and subse- (1) Article XII, Certificates of Compliance; and quent development of land shall conform to the (m) Article XIII, Notice of Violation. (Ord. No. adopted general plan, any precise development plan 395 N.S., § 2 (part)) or specific plan of the Town of Tiburon, and the other provisions of the Tiburon Municipal Code; Article II. General Provisions (b) Safety of development. All subdivided land should be of such character that it can be used safe- 14-2.1 Intent. ly for building purposes by future holders of title The intent of this article is to set forth definitions without unreasonable danger to health,or peril from and other general provisions which shall apply fire, flooding or other menace; and throughout chapter 14,subdivision ordinance. (Ord. (c) Facilities and services. In accordance with No. 395 N.S., § 2 (part)) general plan policies, provision shall be made for drainage, sewerage disposal, water, schools, parks, 14-2.2 Definitions. open space,recreation,streets,roads,highways,and The following definitions shall apply within chap- other public facilities and services. (Ord. No. 395 ter 14: N.S., § 2 (part)) "Approval" means favorable action on a map, with any conditions by the review authority, prior 14-1.3 Authority. to the expiration date specified by ordinance.Previ- Authority for this chapter is found in title 7, ous favorable action on a map, or time extension division 2 of the California Government Code com- thereof which has expired, does not constitute ap- mencing with section 66410, hereinafter known as proval. the"Subdivision Map Act."In addition to any regu- "Approved access" means a way or means of lations provided by law,the regulations provided by approach to a parcel from either an abutting public this chapter shall apply to all subdivisions and parts road or from a private road, street, or right-of-way of subdivisions hereafter made entirely or partially approved by the town. within the Town of Tiburon. This chapter of the "Condominium" includes all of the following: Tiburon Municipal Code may be known as the (1) Community apartment as that term is defined "Subdivision Regulations"or the"Subdivision Ordi- in Civil Code section 1351(d); nance." (Ord. No. 395 N.S., § 2 (part)) (2) Condominium as that term is defined in Civil Code section 1351(f); (3) Stock cooperative as that term is defined in Civil Code section 1351(m); and 120 14-2.2 (4) Undivided interest project which is defined of adequate traffic and circulation and water drain- as any parcel of land containing five or more resi- age; and dential dwelling units in which five or more individ- (2) Any other specific improvements or types of uals own an undivided interest coupled with the improvements, the installation of which, either by right of exclusive occupancy of any unit located the subdivider, by public agencies, by private utili- thereon. ties, by any other entity approved by the review "Design"means standards relating to the follow- authority, or by a combination thereof, is necessary ing: to ensure consistency with, or implementation of, (1) Street alignments, grades and widths; the general plan or any applicable specific plan. (2) Drainage and sanitary facilities, utilities, and "Lot"means a parcel of land having frontage on flood control projects including sizes, alignments a street, and which meets the zoning regulations for and grades thereof; width and area of the zoning district in which the (3) Location and size of all required easements property is located or for which a variance or excep- and rights-of-way, existing or future; tion to the required width or area is in effect. (4) Fire roads and firebreaks; "Lot line adjustment" means a relocation of a (5) Lot size and configuration, including pro- property line between existing parcels which would posed building setbacks; not result in a greater number of parcels than existed (6) Access; previously. (7) Grading and erosion control; A "major subdivision" means a subdivision of (8) Land to be dedicated for park, open space,or land creating five or more parcels or five or more recreational purposes; condominiums. (9) Land to be dedicated for public access to Merger, Voluntary. "Voluntary merger" means public resources; and the process by which an owner initiates an action to (10) Such other specific physical requirements combine contiguous parcels of land owned by such in the plan and configuration of the entire subdivi- owner, pursuant to section 66499.20 3/4 of the sion as may be necessary to ensure consistency Government Code and article IX of this chapter. with, or implementation of, the general plan or any A "minor subdivision" means a subdivision of applicable specific plan. land where the subdivision would create four parcels "Final map"refers to the map or recording instru- or fewer, or four or fewer condominiums. ment for a major subdivision. A final map may also "Parcel" means a contiguous measure of real be used to record a minor subdivision at the option property, owned as a single unit, which was estab- of either the subdivider or the town. lished legally under the subdivision regulations in "Frontage" means the property line abutting on force at the time of its creation. Easements, public a street. or private roadways,and conveyances do not consti- "Improvement" means: tute parcels of land. (1) Any street work,curbs,gutters,sidewalks and "Parcel map" refers to the map and recording utilities, and the like which is: instrument for a minor subdivision or any other (A) Installed on the land by a subdivider as a subdivision wherever allowed by the Subdivision condition precedent to approval and acceptance of Map Act. a final or parcel map; "Review authority"means the body that has final (B) To be used for public or private streets, approval authority for an action pursuant to this highways, ways, flood control projects, utilities or chapter. easements; and "Subdivider" means a person who proposes to (C) Necessary for the general use of the parcel divide,divides or causes to be divided real property or lot owners in the subdivision and the provision into a subdivision for himself, herself or for others. 121 14-2.2 A consultant, engineer, or surveyor who does not (9) Any separate assessment under section 2188.7 hold title to the land is not considered a subdivider. of the California Revenue and Taxation Code for "Subdivision" means the division by any subdi- community apartment or cooperative housing pro- vider of any unit or units of improved or unim- jects; proved land, or any portion thereof, shown on the (10) The conversion of a community apartment latest equalized county assessment roll as a unit or project to a condominium if the requirements of as contiguous units,for the purpose of sale, lease or sections 66412(g) and (h) of the California Gov- financing, whether immediate or future. Property emment Code are met; or shall be considered as contiguous units even if sepa- (11) Leasing of,or grant of easement to,a parcel rated by roads, streets, utility easements or railroad of land, or any portion or portions of land, for fi- rights-of-way. "Subdivision"includes a condomini- nancing, erection, and sale or lease of a wind-pow- um project. A conveyance of land for rights-of-way ered electrical generation device which has been to a governmental agency, public entity, public approved pursuant to chapter 16 of the Tiburon utility or subsidiary of a public utility shall not be Municipal Code. considered a division of land for purposes of com- "Tentative map" means a map submitted for puting the number of parcels. "Subdivision" does approval for a major subdivision or minor subdivi- not include: sion. (1) The leasing of agricultural land used for the "Town standards"means improvement standards cultivation of food or fiber or the grazing or pastur- set forth in the subdivision ordinance (this chapter ing of livestock; 14) or otherwise adopted by the town. (2) The financing or leasing of apartments,offic- "Town engineer"means the town engineer of the es, stores or similar space within apartment build- Town of Tiburon. ings, industrial buildings, commercial buildings, "Vesting tentative map" means a tentative map mobile home parks or recreational vehicle parks; for a residential subdivision that, when filed with (3) Mineral, oil or gas leases; the town, has conspicuously printed on its face the (4) Land dedicated for cemetery purposes under words"Vesting Tentative Map."Such a map confers the California Health and Safety Code; rights as set forth in section 66498.1 of the Govern- (5) A lot line adjustment as defined in this arti- ment Code. (Ord. No. 395 N.S., § 2 (part)) cle; (6) The financing or leasing of existing separate 14-2.3 Required mapping. commercial or industrial buildings on a single par- All subdivisions shall require a tentative map or cel; a vesting tentative map, except where exempted by (7) The financing or leasing of any parcel of the Subdivision Map Act, Government Code sec- land, or any portion, for the construction of com- tions 66412, 66412.1, 66424 and 66428. All major mercial or industrial buildings on a single parcel, subdivisions shall be recorded with a final map.All unless the project is not subject to review under minor subdivisions shall be recorded with a parcel other ordinances regulating design and improve- map or a final map. (Ord. No. 395 N.S., § 2 (part)) ments; (8) The construction, financing or leasing of 14-2.4 Compliance. secondary dwelling units pursuant to section No land shall be used, nor any building be con- 4.05.00, chapter 16 of the Tiburon Municipal Code structed, on any lot or parcel not in conformance (zoning); with this chapter. No permit for the construction of a building or the use of land shall be issued on a parcel of land which does not comply with the provisions of the general plan, this chapter, and the 122 14-2.4 Subdivision Map Act. At the time of issuance of a 14-2.7 Monument identification. pen-nit, if required by the town, the applicant shall All monuments set as required herein shall be submit evidence that the parcel of land complies permanently marked or tagged with the registration with this division and the mandatory provisions of or license number of the engineer or surveyor under the current Subdivision Map Act,and a certification whose supervision the survey was made. (Ord. No. from the Marin County environmental health depart- 395 N.S., § 2 (part)) ment as to the adequacy of the parcel to meet sani- tary requirements. (Ord. No. 395 N.S., § 2 (part)) 14-2.8 Monument inspection. All monuments shall be subject to inspection and 14-2.5 Lot corners. approval by the town engineer. (Ord. No. 395 N.S., All lot corners shall be marked with iron pipe not § 2 (part)) less than three-quarters of an inch in diameter nor twenty-four inches long, or by other monuments or 14-2.9 Condominium and other projects. reference crosses as approved by the town engineer. A map of a condominium project need not show (Ord. No. 395 N.S., § 2 (part)) the buildings or the manner in which the buildings or the airspace above the property shown on the 14-2.6 Centerline monuments. map are to be divided. Approval of a parcel, tenta- Centerline monuments shall be located as set tive or final map of a condominium project shall not forth in this section. be denied on account of the design or location of (a) Location of monuments.Street,alley and way buildings which are not in violation of town ordi- centerline monuments shall be set to mark the inter- nances or on account of the manner in which air- sections of streets,intersections of streets with alleys space is to be divided in conveying the condomini- or ways,intersections of alleys with alleys or ways, um.Fees and lot design requirements shall be com- or at the intersection of any street,alley or way with puted and imposed with respect to such maps on the a tract boundary. Street centerline monuments shall basis of parcels or lots of the surface of the land also be set to mark the beginning and end of curves shown thereon as included in the project. (Ord No. or the points of intersection of tangents thereof. 395 N.S., § 2 (part)) Such centerline monuments shall be of not less than three-quarters inch iron pin at least thirty inches 14-2.10 Conversions. long set in the subgrade. A monument box and The conversion of existing buildings into a con- cover in conformance with Town of Tiburon stan- dominium project shall comply with the provisions dards shall be set above the monument with top of of sections 66427.1 and 66427.2 of the Government the box flush with the finish. Code. The conversion of a mobile home park to a (b) Alternative locations. In the event that, due condominium or other use shall comply will the to the construction of subdivision improvements or applicable provisions of sections 66427.4 and the location of trees or other physical features, the 664281.1 of the Government Code. (Ord. No. 395 monuments specified in subsection (a) of this sec- N.S., § 2 (part)) tion cannot be located at the points specified, a reference monument or monuments shall be set Article III. Tentative Maps subject to the approval of the town engineer. Notes as to the location of such monument or monuments 14-3.1 Intent. with reference to the referenced point shall be fur- The intent of this article is to prescribe rules and nished to the town engineer. (Ord. No. 395 N.S., § procedures for the regulation and approval of tenta- 2 (part)) tive maps. (Ord. No. 395 N.S., § 2 (part)) 123 14-3.2 14-3.2 Requirement for application. (7) Existing use or uses of property; (a) Filing of tentative subdivision map. A tenta- (8) A description of the proposed subdivision, tive map shall be required for all requests for a including sufficient legal description to define the major subdivision or a minor subdivision. The sub- boundary of the proposed subdivision; divider shall file fifteen copies of the tentative map (9) Source of water supply; and any accompanying information to the planning (10) The method of sewage disposal proposed; director, as required on town application forms. (11) Other improvements proposed; (b) Fees.The subdivider shall pay the fees estab- (12) A description of how the subdivision pro- lished by the town council upon the filing of the vides, to the extent feasible, for future passive or tentative subdivision plan. (Ord. No. 395 N.S., § 2 natural heating and cooling opportunities in the (part)) subdivision; (13) A description of how the subdivision will 14-3.3 Contents. affect the housing needs of the region and how this Tentative maps shall show the proposed has been balanced against public service needs of subdivision's design and improvements and condi- the residents of Tiburon and available fiscal and tions existing in and around the subdivision, and environmental resources; and shall contain information sufficient to allow the (14) If the subdivision is to be developed in planning commission and/or the town council to increments, a statement to that effect shall be in- make the findings required by section 14-3.6. Infor- cluded. mation which cannot be conveniently shown on the (b) Topographical contour map.A topographical tentative subdivision map shall be contained in a contour map showing accurately the existing terrain written statement accompanying the map.All letter- within the subdivision, existing drainage channels, ing on the tentative map shall be of one-eighth inch roads, culverts, overhead and underground utility minimum in size. lines which may affect the design of the subdivision, (a) General notes. The map shall include, but wells and springs,major structures,irrigation ditch- shall not be limited to, the following general notes, es, utility poles and other improvements in their unless such submittal information is waived by the correct location. Elevation shall be referenced to town engineer or planning director: current National Geodetic Survey data. The map (1) The subdivision name as selected by the shall be drawn to an engineer's scale large enough subdivider; to show all information clearly,but not smaller than (2) Names and addresses of: forty feet to the inch. Contour intervals shall not be (i) Legal owner of property, greater than five feet or at such intervals that the (ii) Subdivider, and contour lines will not be spread more than one (iii) Land surveyor or engineer who submitted hundred fifty feet apart(ground distance). The map the map; shall show all of the following information, unless (3) Assessor's parcel number; Bch submittal information is waived by the town (4) Date,north arrow,graphic scale(not less than engineer or planning director: one inch equals forty feet); (1) Map(s) showing area(s)of property which is (5) Project acreage; affected by geologic conditions posing potential (6) Existing Town of Tiburon general plan land safety hazard(s) and areas subject to inundation or use designations including allowed density or inten- ponding; sity of use as modified by any adopted slope density (2) The edges of pavements of existing paved standards; roads and driveways within the public rights-of-way and easements or within private rights-of-way and easements; 124 14-3.3 (3) Location of existing property lines and ap- (19) Location of rock outcroppings; proximate boundaries of existing easements within (20) Location of stands of trees; the subdivision with the names of the owners of (21) Species,trunk diameter,and drip line of all record of easements, exclusions and the properties trees twenty inches or more in circumference mea- abutting subdivision; sured twenty-four inches above ground level and (4) The proposed lot and street layout with scaled notation whether they will remain or be removed; dimensions and area of each lot; and (5) The location of all proposed public ease- (22) Location of existing structures and notation ments; whether they are to remain or be removed. (Ord. (6) Street names, widths of streets,whether pub- No. 395 N.S., § 2 (part)) lic or private, and easements, approximate street grades and radii of curves along property lines of 14-3.4 Accompanying information. each street; A tentative map shall be accompanied by the (7) Typical geometric sections for streets showing following data or reports. This information shall be pavement widths, curbs, sidewalks, grading and submitted at the time the tentative map is filed. marginal strips, slopes of cuts and fills, and other (a) Site reconnaissance statement.Two copies of construction proposed; a statement of a site reconnaissance by an engineer (8) Dedications for public purposes.Reservations regarding slide conditions, existing or anticipated; and proposed disposition of all parcels and ease- geologic features;topography;soil conditions within ments; or immediately adjoining the proposed development (9) Location, approximate grade, direction of and their effect on the design of the proposed subdi- flow,and type of existing and proposed storm drain- vision; age channels and storm drains; (b) Statement regarding hazardous waste. Pursu- (10) Location, alignment and tops and bottoms ant to Government Code section 65962.5,before the of all banks of all natural drainage ways; tentative map application may be accepted as com- (11) Location of all existing and proposed utili- plete,the subdivider shall submit a signed statement ties necessary to serve the subdivision; to the planning director indicating whether the sub- (12) A vicinity map showing roads, adjoining division is located on a site which is included on subdivisions, and other data sufficient to locate the any of the local lists prepared by the California proposed subdivision and show its relationship to Integrated Waste Management Board of all solid community development; waste facilities from which there is a known migra- (13) Boundary lines of existing land use zones tion of hazardous waste.The Secretary for Environ- (if more than one zoning exists on the property they mental Protection maintains a statewide list and will shall be delineated); distribute this information to any person upon re- (14) Statement or plan as to proposals for drain- quest. (Ord. No. 395 N.S., § 2 (part)) ing the area subject to flooding or inundation by waters flowing into or from the subdivision; 14-3.5 Review procedures. (15) Preliminary grading plan; The review procedures for tentative subdivision (16) A map showing areas of property where maps shall be as set forth in this section. evidence of known or possible archaeological site(s) (a) Determination of completeness.Upon receipt is discerned; of a tentative subdivision map and any accompany- (17) Map and statement indicating and describ- ing information, the planning director shall make a ing any historical landmark; determination of application completeness pursuant (18) The -net lot areas excluding access ease- to section 3.01.02 of chapter 16 of the Tiburon ments shall be calculated and shown on all maps; Municipal Code. 125 14-3.5 (b) Incomplete applications.Applications deemed (h) Town council action. In accordance with incomplete shall be subject to the procedures set Government Code section 66452.2,at the next regu- forth in section 3.01.03 of chapter 16 of the Tiburon lar meeting following the filing of the planning Municipal Code. commission's recommendation with it, the town (c) Transmittal. If the application is found to be council shall fix the meeting date at which the tenta- complete the planning director shall transmit copies tive map will be considered by it. The scheduled of the tentative map together with accompanying date shall be within thirty days of the town council data to such public agencies and utilities as may be meeting and the town council shall approve,condi- concerned or required by Government Code sections tionally approve or disapprove the tentative map 66453 and 66455. within such thirty day period. The thirty day period (d) Town engineer review. The town engineer shall commence after certification of the EIR or shall submit a written report to the planning com- negative declaration, or determination that the pro- mission of recommendations in relation to the re- ject is exempt from the requirements of division 13 quirements of this chapter, the Subdivision Map of the Public Resources Code. Act,and other applicable ordinances and regulations. (i) Notice of public hearing. Notification of any (e) Planning director review.The planning direc- public hearings shall be given pursuant to Govern- tor shall submit a written report to the planning ment Code sections 65090, 65091 and 66451.3(a). commission of recommendations in relation to the In addition,notice shall be given in accordance with requirements of this chapter, the general plan, the the provisions of this section. zoning ordinance,and the other applicable ordinanc- (1) Notice of property owners by mail. A notice es and regulations. setting forth the time,place,purpose of hearing,and (f) Recommendations to subdivider.Pursuant to map or physical description of the land involved Government Code section 66452.3,all recommenda- shall be sent by mail at least ten days before the tions and reports prepared by town staff on the meeting to the following persons: tentative map shall be forwarded to the subdivider (i) All owners of real property subject to the prior to any hearing or action on the map. In in- subdivision of land; and stances of a residential condominium conversion,all (ii) Each property.owner within three hundred tenants shall receive the town staff reports. feet of the property subject to the subdivision of (g) Planning commission action. land. (1) For minor subdivisions,the planning commis- (2) Notice in the newspaper. A notice setting sion shall hold a public hearing and shall approve, forth the date, time and place shall be published at conditionally approve or disapprove the tentative least ten days prior to the hearing date in a newspa- map within fifty days after the filing of the tentative per of general circulation in the town. The notice map with the planning director. This time period shall describe the proposed subdivision;describe the shall commence after certification of the EIR or parcels, properties or areas that are affected by the negative declaration, or a determination that the subdivision request; and provide other pertinent project is exempt from the requirements of division information in such a manner that the subdivision 13 (commencing with section 21000) of the Public request and its effect(s) can be clearly identified. Resources Code; or 0) Notice of approval. The planning director (2) For major subdivisions,the planning commis- shall notify the subdivider, in writing, of the action sion shall hold a public hearing and shall make its taken by the planning commission, in instances of recommendation to the town council within fifty minor subdivisions, and the town council, in in- days after the filing of the tentative map with the stances of major subdivisions. Such notification may planning director. be accompanied by one copy of the tentative map and one copy of the appropriate resolution(s). 126 14-3.5 (k) Appeals. Appeals of any planning commis- through, or use of property within, the proposed sion decision on the tentative map for a minor sub- subdivision; division shall be filed with the town clerk within ten (h) Dedications. That any land or improvement days after the date of the decision, in accordance to be dedicated to the town is consistent with the with Government Code section 66452.5. general plan; (1) Approval by inaction. If the review authority (i) Energy. Except for minor subdivisions, that does not approve or disapprove the tentative map the design of the subdivision provides,to the extent within the prescribed time, or any authorized exten- feasible, for future passive or natural heating or sion thereof, the tentative map as filed shall be cooling opportunities in the subdivision,as required deemed to be approved, insofar as it otherwise by Government Code section 66473.1; complies with all applicable requirements and rul- 0) Discharge of waste.That the subdivision will ings, including but not limited to this chapter, the not violate existing waste discharge requirements Tiburon zoning ordinance,the Tiburon general plan, prescribed by the regional water quality control other ordinances of the Town of Tiburon, the state board, as required by Government Code section Subdivision Map Act, and sections 65952.1 and 66474.6; and 65956 of the Government Code.(Ord.No.395 N.S., (k) Regional housing needs. That the proposed § 2 (part)) subdivision is compatible with the housing needs of the region,the public service needs of residents,and 14-3.6 Review findings. available fiscal and environmental resources. (Ord. Prior to approving an application for a tentative No. 395 N.S., § 2 (part)) map, the review authority shall find that all of the following are true: 14-3.7 Expiration date. (a) Plan consistency. That the proposed map is A tentative map which has been approved or consistent with the general plan and any applicable conditionally approved shall expire thirty-six months specific plan or precise development plan; after the date of its approval or conditional approval. (b) Design or improvement. That the design or The review authority may grant an extension of the improvement of the proposed subdivision is consis- expiration date for a period or periods not to exceed tent with the general plan and any applicable precise three years.Requests for extensions shall be submit- development plan or specific plan; ted in writing to the planning director prior to the (c) Type of development. That the site is physi- expiration date.Upon submittal of an application by cally suitable for the type of development proposed; the subdivider to extend the expiration date of a (d) Density of development. That the site is tentative map,the expiration date shall automatically physically suitable for the proposed density of de- be extended until the application is acted upon by velopment; the review authority. If the review authority denies (e) Fish or wildlife. That neither the design of a subdivider's application for extension, the subdi- the subdivision nor any proposed improvements is vider may appeal the decision within ten days after likely to cause substantial environmental damage,or the denial. (Ord. No. 395 N.S., § 2 (part)) substantially and avoidably injure fish or wildlife or their habitat; 14-3.8 Amendment of approved tentative (f) Public health. That the design of the subdivi- maps. sion or type of improvement is not likely to cause If, after the expiration of the appeal date, a significant public health problems; change in condition affecting the proposed subdivi- (g) Access.That the design of the subdivision or sion occurs which renders a condition of approval the type of improvements will not conflict with of the tentative map unreasonable or arbitrary, the easements acquired by the public at large for access review authority may, upon written application of 127 14-3.8 the subdivider or owner, eliminate or amend such tentative map shall not be a prerequisite to any condition. This section shall be applicable only to approval for any proposed subdivision, permit for conditions of approval, not to amendments to the construction, or work preparatory to construction. face of the tentative map itself. (Ord. No. 395 N.S., § 2 (part)) (a) Applications. Applications for amendment shall set forth the facts showing the change in con- 14-4.4 Filing. ditions affecting the proposed subdivision which A vesting tentative map shall be filed in the same have occurred since the approval and the condition manner as set forth in article III of this chapter which has become arbitrary or unreasonable as a except as provided otherwise by this article. At the result of the changes. Applications shall be subject time a vesting tentative map is filed, it shall have to a fee as established by the town council. "Vesting Tentative Map" printed conspicuously on (b) Review procedure.Review of the application its face. (Ord. No. 395 N.S., § 2 (part)) shall be the same as the review of the tentative map. The review authority shall confine its review to 14-4.5 Contents. consideration of,and action on,the proposed modi- A vesting tentative map shall contain the informa- fication. (Ord. No. 395 N.S., § 2 (part)) tion required by article III of this chapter. (Ord.No. 395 N.S., § 2 (part)) Article IV. Vesting Tentative Maps 14-4.6 Accompanying information. 14-4.1 Intent. A vesting tentative map shall be accompanied by The intent of this article is to prescribe rules and the accompanying data or reports required in article procedures for the regulation of vesting tentative III of this chapter. (Ord. No. 395 N.S., § 2 (part)) maps. (Ord. No. 395 N.S., § 2 (part)) 14-4.7 Processing. 14-4.2 Consistency. A vesting tentative map shall be processed in the No land shall be subdivided and developed pursu- same manner as a tentative map as set forth in arti- ant to a vesting tentative map for any,purpose which cle III of this chapter. (Ord. No. 395 N.S., § 2 is inconsistent with the Subdivision Map Act, the (part)) general plan,any precise development plan or appli- cable specific plan, or any other provision of the 14-4.8 Expiration and extension. Tiburon Municipal Code. (Ord. No. 395 N.S., § 2 The approval or conditional approval of a vesting (part)) tentative map shall expire at the end of the same time period, and shall be subject to the same exten- 14-4.3 Applicability. sions, as established for the expiration of the ap- A vesting tentative map may be filed pursuant to proval or conditional approval of a tentative map. the provisions of this section. (Ord. No. 395 N.S., § 2 (part)) (a) Filing permitted.Whenever a provision of the Subdivision Map Act, as implemented and supple- 14-4.9 Vesting on approval. mented by this chapter,requires the filing of a tenta- An approved or conditionally approved vesting tive map for any development, a vesting tentative tentative map shall confer rights as set forth in this map may be filed instead, in accordance with the section. provisions hereof. (a) Vested rights. The approval or conditional (b) Vesting tentative map not required. If a sub- approval of a vesting tentative map shall confer a divider does not seek the rights conferred by the vested right to proceed with development in sub- vesting tentative map statute,the filing of a vesting stantial compliance with the ordinances, policies, 128 14-4.9 and standards described in section 66498.1 of the this section, the rights referred to herein shall con- Government Code. tinue until the expiration of that permit, or any (b) Exceptions. Notwithstanding subsection (a) extension of that permit. of this section, a permit, approval, extension or (d) Subsequent conditioning. Consistent with entitlement may be conditioned or denied if either subsection(a)of this section, an approved or condi- of the following is determined: tionally approved vesting tentative map shall not (1) Failure to do so would place the residents of limit the review authority from imposing reasonable the subdivision, the immediate community, or both conditions on subsequent required approvals or in a condition dangerous to their health, safety or permits necessary for the development. (Ord. No. both; or 395 N.S., § 2 (part)) (2) Condition or denial is required in order to comply with state or federal law. 14-4.10 Fees. (c) Time periods. The vested rights referred to Upon filing a vesting tentative map, a fee as herein shall expire if a final map or parcel map is established by the town council shall be required. not approved prior to the expiration of the vesting As a condition of approval, the review authority tentative map as provided in section 14-4.10. If the may require the payment, by the subdivider, of all final map or parcel map is approved, vested rights development fees at the time of the application for shall continue as follows: a building permit or other similar permit. The rate (1) Vested rights shall remain in effect for an for such fees shall be that which is in effect at the initial time period of one year from recordation of time of the map application. (Ord. No. 395 N.S., § the final or parcel map. Where several final maps 2 (part)) are recorded on various phases of a project covered by a single vesting tentative map, this one year Article V. Final Maps initial time period shall begin for each phase when the final map for that phase is recorded. All of such 14-5.1 Intent. final maps must be recorded within the time period The intent of this article is to set forth the prac- set forth in section 14-3.7 or the vesting tentative tices and procedures regarding the preparation and map approval shall expire for those parcels for approval of final maps. (Ord. No. 395 N.S., § 2 which final maps are not timely recorded. (part)) (2) At any time prior to the expiration of the one year time period set forth in subsection(c)(1)of this 14-5.2 Preparation. section, the subdivider may apply for a one year The final map shall be prepared by or under the extension.Requests for extension shall be submitted direction of a registered engineer, duly licensed to in writing to the planning director and shall be practice land surveying,or a licensed land surveyor; subject to a fee as established by the town council. shall be based upon a field survey; and shall con- (3) The one year,initial time period set forth in form to the provisions of Government Code section subsection(c)(1)of this section shall be automatical- 66434(a)through(f). (Ord.No. 395 N.S., §2(part)) ly extended by any time used for processing a com- plete application for a grading permit, if one is 14-5.3 Phasing. required, or for any required design or architectural Phasing of multiple final maps shall be in accor- review,if such processing exceeds thirty days from dance with the provisions of this section. the date a complete application is filed. (a) Filing. Multiple final maps relating to an (4) If the subdivider submits a complete applica- approved or conditionally approved tentative map tion for a building permit during the periods of time may be filed prior to the expiration of a tentative specified in subsections (c)(1), (c)(2) and (c)(3) of map if: 129 14-5.3 (1) The subdivider, at the time the tentative map 14-5.5 Form. is filed,notifies the community planning director in The form of the final map shall comply with the writing of the subdivider's intention to file multiple Subdivision Map Act and shall be as approved by final maps on the tentative map; or the town engineer. (Ord. No. 395 N.S., § 2 (part)) (2) After filing of the tentative map,the planning commission and the subdivider concur in the filing 14-5.6 Contents. of multiple final maps. (a) Title. The title sheet of each final map shall (b) Requirements. In submitting such a request, contain a title consisting of the number and name of the subdivider shall not be required to define the the subdivision, followed by the words "Town of number or configuration of the proposed multiple Tiburon," and a subtitle consisting of a description maps. of all property being subdivided. (c) Tentative map. The filing of a final map on (b) Property description.The property description a portion of an approved or conditionally approved shall be by reference to such map or maps of the tentative map shall not invalidate any part of such property as shall have been previously recorded or tentative map, including the expiration date. filed in the office of the county recorder under (d) Conditions.The right of the subdivider to file authority of division 3 (commencing at section multiple final maps shall not limit the authority of 66499.50 of title 7 of the Government Code) or by the town to impose reasonable conditions relating to reference to the plat of any United States survey. the filing of multiple final maps. (Ord. No. 395 (c) Certificates and statements The following N.S., § 2 (part)) certificates or statements shall appear on the title sheet: 14-5.4 Survey required. (1) The statement of consent as set forth in sec- Required surveys shall be in accordance with the tion 66430 of the Government Code, provided, provisions of this section. however,that the exceptions in section 66436 of the (a) Survey accuracy. An accurate and complete Government Code shall apply; survey of the land to be subdivided shall be made (2) A statement, signed and acknowledged by by a registered engineer or licensed land surveyor. any trustees of record at the time of town council All monuments,property lines,centerlines of streets, approval of the final map,consenting to the record- alleys, and easements adjoining or within the subdi- ing of the map and any offers of dedications; vision shall be tied into the survey. The allowable (3) A statement offering dedications of interest error of closure on any portion of the final map in real property for any public use pursuant to sec- shall not exceed 1/10,000 for field closure and tion 66439(a) of the Government Code; 1/20,000 for calculated closures. (4) A statement by the engineer or surveyor (b) Boundary monuments.At the time of making responsible for the survey and final map that is the survey for the final map,the engineer or survey- consistent with the provisions of section 66441 of or shall set sufficiV1z xzS-t9_Gon_ thc('ow.arnment Code; form with the standards described in section 8771 (5) A geotechnical report,if applicable,pursuant of the Business and Professions Code so that anoth- to Government Code section 66434.5; er engineer or surveyor may readily retrace the (6) A certificate by the town engineer consistent survey. At least one exterior boundary line shall be with Government Code section 66442; monumented prior to recording the final map. Other (7) A certificate for execution by the town clerk monuments shall be set as required by the town in accordance with Government Code section 66440; engineer. (Ord. No. 395 N.S., § 2 (part)) (8) A certificate to be executed by the county recorder pursuant to Government Code section 66492; and 130 14-5.6 (9) A certificate to be executed by the county (2) Bearing. The bearing of each radial line to recorder in accordance with Government Code sec- each lot corner on each curve; and tion 66466(c). (3) Central angle. The central angle of each seg- (d) Index map. If more than one sheet is used in ment within each lot. preparing the final map, there shall be included, (1) Dedications and offers to dedicate. Dedica- either on the title sheet or the first map sheet, an tions shall be made in accordance with Government index map showing the general plan of the subdivi- Code section 66439 and shall be shown on the final sion, street names, lot numbers, and the portions of map- the subdivision included on each map sheet. (m) Limited access designation.When the vehic- (e) Boundary monuments. Each final map shall ular access rights from any lot to appropriately show boundary monuments, as required by section designated roads are or will be restricted by a subdi- 66495 of the Government Code. vision, such rights,if not already a matter of record, (f) Deferment of monuments. In the event any shall be offered for dedication to the town by an or all required monuments are to be set subsequent appropriate statement on the title sheet of the final to the filing of the final map, the map shall show map. A note which clearly defines the extent and which monuments, or the furnishing of notes there- nature of the restriction shall be lettered on the final on, as required by section 14-5.13, shall be agreed map for any subdivision adjacent to the lots affect- to be set and/or furnished by the subdivider. Such ed. agreement shall be accompanied by a bond. (n) City or county boundary lines. Any city or (g) Bearings and distances. The bearing and county boundary line adjoining the subdivision shall length of each lot line,block line and boundary line be clearly designated and tied in upon the final map. shall be shown on the final map. Each required (o) Easements. All easements of record shall be bearing and distance shall be shown in full and no shown on the map, together with the name of the ditto mark or other designation of repetition shall be grantee and sufficient recording data to identify the used. conveyance,e.g.,recorder's serial number and date, (h) Basis of bearings.The basis of bearings shall or book and page of official records. appear on the title sheet or one map sheet. Refer- (1) Easements not disclosed by the records in the ence shall be made to some filed final map, parcel office of the county recorder and found by the sur- map, record of survey map, town engineer's map, veyor or engineering to be existing,shall be specifi- or other record acceptable to the town engineer. cally designated on the map, identifying the appar- Such basis of bearings shall be derived from at least ent dominant tenements for which the easement was two found monuments of record. created. (i) Lot areas. For lots containing one acre or (2) The sidelines of all easements of record shall more, final maps shall show net acreage to at least be shown by dashed lines on the final map with the the nearest one-hundredth of an acre. widths, lengths, and bearings of record. The width 0) Lot numbers.Lots shall be numbered consec- and location of all easements shall be approved by utively, commencing with the number "1," except the town engineer. as otherwise approved by the town engineer, with (p) Additional information.No additional survey no omissions or duplications. Each numbered lot and map requirements shall be included on a final shall be shown to scale entirely on one sheet. map which do not affect record title interests. How- (k) Curve data.The following curve data shall be ever, the town engineer may require additional shown on the final map: information, in the form of a separate document or (1) Terminal radii. The arc length, chord length an additional map sheet, to be filed or recorded and bearing,radius and total central angle and bear- simultaneously with the final map in accordance ings of terminal radii of each curve; 131 14-5.6 with section 66434.2 of the Government Code.(Ord. acknowledgements thereto, appear on the proper No. 395 N.S., § 2 (part)) statements and are correctly shown on the map,both as to contents as to the making thereof and affida- 14-5.7 Submittal for town approval. vits of dedication where necessary; Prior to the expiration of the tentative map, the (h) Traverse closures. Traverse closures for the subdivider shall submit three prints of the final map boundary, blocks, lots, road centerlines, easements to the town engineer for checking. The preliminary and offset lines; prints shall bear original signatures of all parties (i) References. Copies of the deed and unfiled required to execute the statements on the map, and surveys referenced on the final map; shall be accompanied by the following data,reports 0) Deeds for easements or rights-of-way.Deeds and documents in a form as approved by the town for off-site easements or rights-of-way required for engineer and, where applicable, the town attorney: road or drainage purposes which have not been (a) Improvement plans and specifications.Three dedicated on the final map. Written evidence shall complete sets of improvement plans, specifications, be acceptable to the town in the form of rights of and engineer's cost estimates of improvements; entry or permanent easements across private proper- (b) Geotechnical reports. A complete set of ty outside of the subdivision permitting or granting geotechnical reports; access to perform necessary construction work and (c) Subsurface geotechnic report.A complete set permitting the maintenance for the facility; and of preliminary subsurface geotechnic reports, if (k) Other information.Other information as may applicable; be required by the tentative map and/or the town (d) Statement regarding hazardous waste. A engineer. (Ord. No. 395 N.S., § 2 (part)) signed statement indicating whether the subdivision is located on a site which is included on any of the 14-5.8 Review by town engineer. local lists prepared by the California Integrated The town engineer shall review the final map and Waste Management Board of all solid waste facili- any other required information and the subdivider ties from which there is a known migration of haz- shall make corrections and/or additions until the ardous waste, pursuant to section 95962.5 of the following determinations are made by the town Government Code; engineer: (e) Hydrology and hydraulic calculations. Storm (a) Comparison with tentative map. That the drain calculations (e.g., hydrology, subarea map, subdivision as shown is substantially the same as it pipe line, hydraulic design, ponding basin, pump appeared on the approved tentative map, and any system, etc., if applicable); approved alterations thereof; (f) Utility requirements. Evidence that all re- (b) Compliance with laws. That all provisions of quirements of the sanitary district,water district,and law and of this chapter applicable at the time of other affected agencies and utilities have been met; approval of the tentative map have been complied (g) Guarantee of title.A subdivision guar n .e of with; and title, in a form acceptable to the town engineer and (c) Correctness. That the map is technically town counsel issued by a competent title company correct. (Ord. No. 395 N.S., § 2 (part)) to and for the benefit and protection of the town. The guarantee of title shall be continued complete 14-5.9 Approval by town engineer. up to the instant of filing the final map with the The subdivider shall submit to the town engineer county recorder, guaranteeing that the names of all the original tracing of the map and any duplicates persons whose consent is necessary to pass a clear per town requirements, corrected to its final form title to the land being subdivided, and all public and signed by all parties required to execute the easements being offered for dedication, and all statements on the map. Original signatures shall 132 14-5.9 appear on the original drawing. Upon receipt of all receives the final map.(Ord.No.395 N.S.,§2(part)) required certificates and submittals, the town engi- neer shall sign the appropriate statements and trans- 14-5.12 Waiver of inadvertent error. mit the original map to the town clerk. (Ord. No. When, in the opinion of the review authority, a 395 N.S., § 2 (part)) defect or error of a technical or inadvertent nature has caused a final map to fail to meet or perform 14-5.10 Improvements. any of the conditions of this article, the review Prior to approval of the final map by the town authority may waive such defect or error and pro- council, the subdivider shall enter into an improve- cess the final map as though none had occurred, ment agreement with the town in accordance with provided, that such defect or error is noted on or section 66462 of the Government Code. The subdi- attached to the final map. (Ord. No. 395 N.S., § 2 vider shall file, with the improvement agreement (part)) required in section 66462 of the Government Code, security for the faithful performance of the agree- 14-5.13 Recordation. ment in accordance with title 7, division 2, chapter Upon approval by the town council of the final 5 of the Government Code, commencing at section subdivision map, and receipt of the necessary re- 66499. (Ord. No. 395 N.S., § 2 (part)) cording fee, the town clerk shall transmit the map to the county recorder. (Ord. No. 395 N.S., § 2 14-5.11 Approval by town council. (part)) (a) General. At the meeting at which it receives the map, or at its next regular meeting following 14-5.14 Fees. receipt,the town council shall approve the final map Subdividers shall pay an improvement plan subsequent to approval of the improvement agree- checking fee, a final map checking fee, a recording ment unless it finds that the town engineer incorrect- fee as established by the town council, and other ly made the determinations required by section 14- applicable fees as required by town ordinances. 5.8. (Ord. No. 395 N.S., § 2 (part)) (b) Off-site improvements. The town shall not postpone or refuse approval of a final map because Article VI. Parcel Maps the subdivider has failed to meet a tentative map condition requiring construction of off-site improve- 14-6.1 Intent. ments on land which neither the subdivider nor the The intent of this article is to prescribe the re- town has sufficient title or interest, at the time the quirements for, and waiver of, parcel maps. (Ord. final map is filed with the town, to permit the im- No. 395 N.S., § 2 (part)) provements to be made. In this case,the town shall take action pursuant to section 66462.5 of the Gov- 14-6.2 Parcel map required. emment Code. The filing of a parcel map, in conformance with (c) Approval by inaction. If the town council an approved or conditionally approved tentative map does not approve or disapprove the final map within obtained pursuant to article III of this chapter, shall the prescribed time, or any authorized extension be a condition of approval of any minor subdivision thereof, and the map conforms to all requirements except as provided in section 14-6.9. (Ord. No. 395 and rulings, it shall be deemed approved, and the N.S., § 2 (part)) town clerk shall certify or state its approval thereon. The meeting at which the town council receives the final map shall be the date on which the town clerk 133 14-6.3 14-6.3 Preparation. (1) That all provisions of law and of this chapter The parcel map shall be prepared by,or under the applicable at the time of approval of the parcel map direction of, a registered civil engineer, duly li- have been complied with; and censed to practice land surveying,or a licensed land (2) That the map is technically correct. surveyor; shall show the location of streets and (b) Original map. The subdivider shall submit to property lines bounding the property; and shall the town engineer the original tracing of the map conform to the provisions set forth in section 66445 and any duplicates per town requirements,corrected of the Government Code. (Ord. No. 395 N.S., § 2 to its final form, and signed by all parties required (part)) to execute the statements or certificates on the map. (c) Approval by town engineer. Upon receipt of 14-6.4 Dedications or offers. all required certificates and submittals, the town Dedications or offers of dedication shall conform engineer shall sign the appropriate statements and to the provisions of section 66447 of the Govern- transmit the original map to the town clerk. ment Code. (Ord. No. 395 N.S., § 2 (part)) (d) Approval by town council. (1) At the meeting at which it receives the map, 14-6.5 Field survey. or at its next regular meeting following receipt, the Parcel maps shall be based upon field surveys in town council shall approve the parcel map if it accordance with Government Code section 66448. conforms to all the legal requirements applicable at (Ord. No. 395 N.S., § 2 (part)) the time of approval or conditional approval of the tentative map and any rulings made thereunder, 14-6.6 Necessary statements. pursuant to Government Code section 66458.If the An engineer's or surveyor's statement shall ap- map does not conform, the legislative body shall pear on a parcel map in accordance with section disapprove the map. 66449(a) of the Government Code. A town (2) In accordance with Government Code section engineer's statement shall appear on a parcel map 66458(c), the meeting at which the town council in accordance with sections 66449(b) and 66450 of receives the map shall be the date on which the the Government Code. (Ord. No. 395 N.S., § 2 town clerk receives the map from the town engineer. (part)) (e) Approval by inaction. If the town council does not approve or disapprove the map within the 14-6.7 Preliminary submittal. prescribed time,or any authorized extension thereof, The subdivider shall submit prints of the parcel and the map conforms to all requirements and rul- map to the town engineer for checking. Where ings, it shall be deemed approved, and the town applicable,the preliminary prints shall be accompa- clerk shall certify or state its approval thereon. nied by copies of the data, plans, reports and docu- (f) Filing for record. After approval, the town ments as required for final maps by section 14-5.6. clerk or authorized agent shall transmit the approved (Ord. No. 395 N.S., § 2 (part)) parcel map directly to the county recorder for filing. (Ord. No. 395 N.S., § 2 (part)) 14-6.8 Review and approval. Parcel maps shall be reviewed and approved as 14-6.9 Waiver of parcel map. provided in this section. The requirement for filing a parcel map for minor (a) Review. The town engineer shall review the subdivisions may be waived by the combined ap- preliminary parcel map and cause any changes to be proval of the planning director and town engineer made which are legally required for approval, in- if they find all of the following: cluding: 134 14-6.9 (a) Conformity with laws. That the proposed 14-7.2 Applicability. minor subdivision conforms with the Subdivision The standards and requirements set forth in this Map Act and this chapter; article shall be applicable to all subdivisions of land (b) Conformity with regulations. That the pro- within the town unless otherwise specified herein, posed minor subdivision conforms to state and town or unless specifically proposed to be modified or requirements as to area, improvement and design, waived by the town engineer because of unique site flood water drainage control, appropriate improved conditions. The town engineer shall provide expla- public roads, sanitary disposal facilities, and water nations in writing for proposed modifications or supply availability; waivers of standards and requirements.The explana- (c) Environmental effects. That the proposed tions shall be attached to the subdivision map appli- minor subdivision will not have an adverse effect on cation prior to any public hearing on the map. (Ord. the environment; No. 395 N.S., § 2 (part)) (d) Conformity with general plan. That the pro- posed minor subdivision conforms to the general 14-7.3 Lot requirements. plan; Lots shall comply with the following require- (e) Change in nonconformity. That no existing ments: nonconformity with the other articles in this chapter (a) Areas and widths of lots. The area and width or chapter 16 of the Tiburon Municipal Code will of lots or parcels in a subdivision map shall con- be increased; form to the particular zoning district in which the (f) Conformity with other ordinances. That the property is located. In instances where the percent proposed minor subdivision conforms with all other of slope of a parcel or lot exceeds fifteen percent, town ordinances; the minimum lot area shall be based on Table 14- (g) Lack of need.That a parcel map is not neces- 7.3. sary to insure proper legal description of property, (1) In no case shall a minimum parcel or lot area location of property lines and monumenting of derived from Table 14-7.3 take precedence over a property lines; and minimum area derived from the land and structure (h) Facilities. That appropriate improved public regulations of the zone in which the property is roads, adequate sanitary disposal facilities, and located when the number derived from Table 14-7.3 adequate water supplies are available. (Ord.No. 395 is the lesser of the two numbers. N.S., § 2 (part)) (2) Table 14-7.3 shall not apply to land in the RPD and RMP zones, but may be used as a guide- 14-6.10 Fees. line in the appropriate sizing of lots. Subdividers shall pay an improvement plan (3) Percent of slope shall be calculated before checking fee and a parcel map checking fee, as grading and shall be measured along a line passing established by the town council.(Ord.No. 395 N.S., through the center of the lot or the building site § 2 (part)) between lot lines and perpendicular to the natural contours; this choice shall be made by the town. Article VII. Standards and Requirements (4) The calculation of percent of slope shall be based on an accurate topographical survey of exist- 14-7.1 Intent. ing conditions. The intent of this article is to set forth standards (5) No lot shall be created which has a frontage required for the subdivision of land consistent with of less than sixty-five feet, unless otherwise estab- the Subdivision Map Act and the Town of Tiburon lished by a precise development plan or conditional general plan. (Ord. No. 395 N.S., § 2 (part)) use permit. Flag lots, where permitted, shall have a minimum frontage of no less than fifteen feet. 135 14-7.3 Table 14-7.3 Calculation of Minimum Lot Size Based on Slope Percent of Slope Minimum Lot Area 0% to 14.99% See Zone Regulations 15% to 19.99% 15,000 square feet 20% to 24.99% 20,000 square feet 25% to 29.99% 25,000 square feet 30% to 34.99% 30,000 square feet 35% or greater 43,560 square feet (b) Division of jurisdiction.No lot or parcel shall arts commission for its recommendations. (Ord.No. be permitted to be divided by a city or county 395 N.S., § 2 (part)) boundary line. (c) Water and sewer. All newly-created lots and 14-7.6 Existing vegetation. unimproved lots shall be served for domestic pur- All subdivisions shall be designed to preserve poses by the public water system, or in accordance desirable existing native vegetation,especially trees, with chapter 13F of the Tiburon Municipal Code. to the maximum extent feasible.(Ord.No.395 N.S., Such lots also shall be served by the public sewer § 2 (part)) system unless specifically exempted by the town council. 14-7.7 Ridgelines and views. (d) Exception.This section shall not apply to any All subdivisions shall be designed to protect lot or parcel which the subdivider offers to dedicate ridgelines and to assure adequate light, air, privacy to the town or any public agency or district. (Ord. and views on all parcels regardless of land use. No. 395 N.S., § 2 (part)) (Ord. No. 395 N.S., § 2 (part)) 14-7.4 Streets and pedestrian ways. 14-7.8 Utility easements. Streets and pedestrian ways shall be provided, Unless otherwise approved by the town engineer, subject to approval by the review authority. (Ord. utility easements as required by the utility authori- No. 395 N.S., § 2 (part)) ties shall be provided within subdivisions where required for public utility purposes. (Ord. No. 395 14-7.5 Street names. N.S., § 2 (part)) The proposed name of each street shown on the tentative map shall be submitted to the planning 14-7.9 Parkland dedications. commission for its approval. The words "street," As a condition to the approval of a tentative map "avenue," "boulevard," "place," "way," "court," or or parcel map, the subdivider shall dedicate land, other designation of any street shall be spelled out pay fees or a combination of both,for park or recre- in full on the tentative map.Proposed names for any ational facilities in accordance with the provisions public streets shall be referred to the heritage and of this section, section 66477 of the Government Code, and the parks and recreation element of the 136 14-7.9 general plan. Such fees or dedications shall bear (f) Determination of dedications and fees. Land reasonable relationship to the use of the park and dedications and fees shall be determined as set forth recreational facilities by the future inhabitants of the in this subsection. subdivision. (1) Formula for dedication of land.Where a park (a) Effective date.Before the conditions set forth or recreating facility has been designated in the in this section may be imposed upon a tentative or Town of Tiburon general plan, and is to be located parcel map,this section shall be in effect for a peri- in whole or in part within the proposed subdivision od of no less than thirty days prior to the filing of to serve the immediate and future needs of the resi- the tentative map or parcel map. dents of the subdivision, the subdivider shall dedi- (b) General. The payment of fees, or the dedica- cate land for a local park sufficient in size and tion of land, or both, shall be in a proportionate topography that bears a reasonable relationship to amount necessary to provide five acres of property serve the present and future needs of the residents devoted to local park or recreational purposes for of the subdivision.The amount of land to be provid- each one thousand persons residing in the town. ed shall be determined pursuant to the following (c) Exemptions. The following shall be exempt formulas: from the provisions of this section: (A) Alternative 1. Formula based on population (1) Subdivisions of less than five parcels that are estimate.The formula for determining acreage to be not used for residential purposes unless a building dedicated shall be as set forth in Table 14-7.9.1. permit for a residential structure is requested for one This table is based on 1990 U.S. Census Informa- of the parcels within four years of the date of subdi- tion and has been establish pursuant to section vision approval; and 66477(b) of the Government Code. (2) Commercial and industrial subdivisions and condominium projects or stock cooperatives which consist of subdivision of airspace in an existing apartment building more than five years old when no new dwelling units are added. (d) Payment of fees. Only the payment of fees may be required in subdivisions containing fifty parcels or less, except that when a condominium project exceeds fifty dwelling units, dedication of land may be required notwithstanding the number of parcels may be less than fifty. (e) Land dedication and fee payment procedure. At the time of approval of a tentative map or parcel map, the town council shall determine the land to be dedicated and/or fees to be paid by the subdivid- er based on the provisions of subsection (f) of this section. Covenants for dedicated land shall be sub- mitted to the town prior to approval of a final subdi- vision map and shall be recorded at the same time as the final map. Fees shall be paid to the town and other public agencies, if applicable, in accordance with the provisions set forth in subsection (i) of section 66477 of the Government Code. 137 14-7.9 Table 14-7.9.1 Parkland Dedication Formula Based on Population Dwelling Type Assumed Density Standard (Persons/Dwelling Unit) (Acres/Dwelling Unit) Single-family 2.5 persons/D.U. .0075 Duplex/apartments 1.87 persons/D.U. .00561 (B) Alternative 2. Formula based on dwelling units. Table 4-7.92, which contains the formula for determining acreage to be dedicated based on dwell- ing units,is based on 1990 U.S.Census Information and has been established pursuant section 66477(b) of the Government Code. Table 14-7.9.2 Parkland Dedication Formula Based on Dwelling Units Dwelling Type Zoning District Assumed Density Standard Single-family R-1, R-1-13A, 2.5 persons/ 5 acres/ RO, R-2 DU 400 DUs Duplex/apartments R-2, R-3 1.87 persons/ 5 acres/ DU 535 DUs (C) Alternative 3. At any future point in time, after the adoption of this subdivision ordinance, when updated U.S. Census Information is released to the general public and accepted as accurate by the town, the formula set forth in Table 14-7.9.3 for determining parkland to be dedicated shall be substi- tuted or subsections an of this section. Table 14-7.9.3 Population Formula for Parkland Dedication Average Number of 1,000 population Minimum Acreage Persons/Unit - = Dedication 5 acres 138 14-7.9 (2) Improvements. The subdivider shall,without credit: (A) Provide full street improvements and utility connections including, but not limited to, curbs, gutters, street paving, traffic control devices, street lighting, street trees and sidewalks to land which is dedicated pursuant to this section; (B) Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; (C) Provide improved drainage through the site; and (D) Provide other minimal improvements which the town council determines to be essential to the acceptance of the land for recreational purposes. (3) Formula for fees in lieu of land dedication. If there is no park or recreation facility designated in the Town of Tiburon general plan, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the resi- dents of the subdivision,the subdivider shall,in lieu of dedicating land, pay a fee equal to the value of that land. Fees in lieu of land dedication shall be determined in accordance with Table 14-7.9.4. Such fees shall be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided. Table 14-7.9.4 Formula for In Lieu Fee Population 5 acres FMV of land DUs X X X = In Lieu Fee DU 1,000 Land population Acreage Where DUs = Number of dwelling units FMV = Fair market value as determined by section 14-7.9(f)(5) Land acreage = The total acreage of the property 139 14-7.9 (4) Number of dwelling units.For the purpose of (g) Commitment of fees. Any fees collected this section,the number of new dwelling units shall pursuant to this section shall be committed within be based upon the number of parcels indicated on five years after payment of the fees or the issuance the map when in an area zoned for one dwelling of building permits on one-half of the lots created unit per parcel. When all or part of the subdivision by the subdivision, whichever occurs later. If the is located in an area zoned for more than one dwell- fees are not committed, they, without any deduc- ing unit per parcel,the number of proposed dwelling tions,shall be distributed and paid to the then record units in the area so zoned shall equal the maximum owners of the subdivision in the same proportion allowed under the zone.In the case of a condomini- that the size of each lot bears to the total area of all um project, the number of new dwelling units shall lots in the subdivision. be the number of condominium units. The term (h) Development schedule. The town council "new dwelling units" does not include dwelling shall specify how, when, and where it will use the units lawfully in place prior to the date on which the land or fees or both to develop park or recreational parcel or final map is filed. facilities. (5) Determination of fair market value. The fair (i) Credit. Credit against the payment of fees or market value shall be determined by the town with dedication of land required by this section shall be a written appraisal report prepared and signed by an given in accordance with the provisions of the fol- appraiser acceptable to the town.The appraisal shall lowing subsections. be made immediately prior to the filing of the final (1) If the subdivider provides park and recre- map. The subdivider shall notify the town of the ational improvements to the dedicated land, the expected filing date at least six weeks prior to filing value of the improvements together with any equip- the final map. If more than one year elapses prior ment located thereon shall be a credit against the to filing the final map, the town will prepare a new payment of fees or dedication of land required by appraisal and will bill the subdivider for the cost of this section. the reappraisal. If the subdivider objects to the de- (2) Planned developments, real estate develop- termined fair market value,he/she may appeal to the ments,stock cooperatives,and community apartment town council. The determination of the fair market projects, as defined in sections 11003, 11003.1, value shall consider, but shall not be limited to, the 11003.2, 11003.4 and 11004, respectively, of the following: Business and Professions Code,and condominiums, (A) Approval of and conditions of the tentative as defined in section 783 of the Civil Code, shall be subdivision map; eligible to receive a credit, as determined by the (B) The general plan; town council, against the amount of land required (C) Zoning; to be dedicated, or the amount of the fee imposed, (D) Property location; pursuant to this section, for the value of private (E) Off-site improvements facilitating use of the open space within the development which is usable property; for active x i". tionaLuses For the purposes of this (F) Site characteristics of the property; and section,private open space is that open space which (G) Comparable property transactions within the is available to all residents within the development. market area. (Ord. No. 395 N.S., § 2 (part)) (6) Use of money. Any in lieu fees collected shall be used only for the purpose of acquiring 14-7.10 Reservations. necessary land and developing new or rehabilitating Reservations of land for public uses shall be in existing park or recreational facilities reasonably accordance with sections 66479 through 66482 of related to serving the subdivision. the Government Code. (Ord. No. 395 N.S., § 2 (Part)) 140 14-7.11 14-7.11 Supplemental improvements and 14-7.15 Dedication of solar access ease- reimbursement agreements. ments. As a condition precedent to the approval of a As a condition of approval of a tentative map,the parcel or tentative map, the subdivider may be re- subdivider may be required, in accordance with the quired to install improvements,for the benefit of the provisions of section 66475.3 of the Government subdivision,which may supplement the size,capaci- Code,to dedicate solar access easements. (Ord.No. ty,number or length requirements for the benefit of 395 N.S., § 2 (part)) property not within the subdivision, and dedicate those improvements to the public, pursuant to sec- 14-7.16 Indemnification. tions 66485 through 66489 of the Government As a condition to map approval, the town shall Code. (Ord. No. 395 N.S., § 2 (part)) require that the subdivider defend, indemnify and hold harmless the town against any claim or action 14-7.12 Grading and erosion control. brought under section 66499.37 of the Government Grading and erosion control, including the pre- Code to attack an approval by the town, or any of vention of sedimentation or damage to off-site prop- its entities, concerning a subdivision. erty, shall be subject to review and approval by the (a) General.Such a condition may require indem- town engineer. (Ord. No. 395 N.S., § 2 (part)) nification of any agent, officer and employee of the town, as well as indemnification of the town, the 14-7.13 Drainage and flood control. town council and the planning commission. A study shall be prepared of the proposed drain- (b) Exception. The town may not require, as a age system for the development which details, at a condition of tentative, final or parcel map applica- minimum, the following: tion or approval,that the subdivider defend, indem- (a) The effects of any run-off on other drainage nify or hold harmless the town or its agents,officers systems; and and employees from any claim,action or proceeding (b) The ability of the proposed drainage system against the town as a result of the action or inaction and impacted drainage systems to convey run-off of the town in reviewing, approving, or denying the volumes generated by the one-hundred-year storms, map. as approved by the town engineer. (Ord. No. 395 (c) Notice. The town shall promptly notify the N.S., § 2 (part)) subdivider of a claim against it. If the town fails to promptly give such notice, the subdivider shall not 14-7.14 Public access to public resources. be responsible to defend, indemnify or hold harm- As a condition of approval of a tentative or a less the town. final map or of any proposed subdivision or parcel (d) Cooperation. The town shall cooperate fully map,the subdivider shall provide reasonable access in the defense. If the town fails to cooperate fully to and/or along public waterways, rivers, streams, in the defense,the subdivider shall not be responsi- reservoirs or lakes as required in article 3.5, of ble to defend, indemnify or hold harmless the town. chapter 4 of the Subdivision Map Act. In addition (Ord. No. 395 N.S., § 2 (part)) to the criteria given in article 3.5 of the Subdivision Map Act for determining reasonable access, the 14-7.17 Nonresidential subdivisions. town shall consider potential damage to sensitive Nonresidential subdivisions shall conform to the wildlife and vegetative habitats. (Ord.No.395 N.S., provisions of this section. § 2 (part)) (a) Adjacent residential areas. Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed nonresidential subdivisions, including the provision of extra depth 141 14-7.17 in parcels backing up on existing or potential resi- (a) Submittal.An LCR shall be submitted before dential development and provisions for a permanent- or in conjunction with the tentative map application ly landscaped buffer strip when necessary. for subdivision. (b) Streets.Streets carrying nonresidential traffic, (b) Contents. An LCR shall contain the follow- especially truck traffic, shall not normally be ex- ing: tended to the boundaries of adjacent existing or (1) A slope map depicting existing conditions potential residential areas, or connected to streets and which shows, by shading or other clear means, intended for predominantly residential traffic. areas of slope less than twenty percent, areas of (c) Circulation and landscaping.Subdivisions for slope twenty percent to thirty percent,areas of slope proposed commercial development shall take into thirty percent to forty percent, and areas of slope in account and specifically designate all areas proposed excess of forty percent. The acreage of each slope for vehicular circulation and parking, for pedestrian category shall be estimated. circulation and for buffer strips and other landscap- (2) A resource conservation analysis consisting ing. (Ord. No. 395 N.S., § 2 (part)) of text and maps describing the land features and environmental resources including an identification 14-7.18 Soils reports. and analysis of the following: Soils reports shall be provided in accordance with (A) Flood plains and areas where ponding may Government Code sections 66490 and 66491. Soils occur; reports shall be submitted to the town engineer. (B) Geologic and soils conditions; (Ord. No. 395 N.S., § 2 (part)) (C) Hydrology; (D) Existing trees and areas of riparian vegeta- 14-7.19 Subsurface geotechnic reports. tion; Subsurface geotechnic examinations and reports (E) Scenic areas; may require the information listed in this section,as (F) Rare or endangered plant and animal species determined by the town engineer. and habitat areas; (a) Subsurface observations.Subsurface observa- (G) Rock outcroppings; tions (including drilling to establish bedrock) to (H) Existing roads, trails and pathways; consider the potential,on the entire slope face,both (I) Primary wildlife habitats and resources, in- on and adjacent to the subject property, for ground cluding wildlife movement corridors; failure, erosion subsidence, differential settlement (J) Cultural resources such as archaeological, and any other adverse environmental effect. historical and paleontological resources; (b) Development recommendations.Recommen- (K) Knolls,ridges and other promontories where dations for restrictions on development where devel- long-range views are possible; and opment poses a hazard and propose mitigation mea- (L) Other noteworthy or unusual site characteris- surements for hazardous conditions. tics. (c) General plan conformance Reference to all (c) Waiver. An LCR maybe waived by the geologic safety concerns and events discussed in the planning director where a finding is made that the safety element of the general plan as they relate to report would serve no useful purpose. the subject property. (Ord. No. 395 N.S., § 2(part)) (d) Notice. A determination by the planning director to waive the requirement,or a refusal to do 14-7.20 Land capacity reports. so after a waiver is requested by the applicant, shall A land capacity report (LCR) shall be required be reported in writing to the applicant and to the with all applications for major subdivision for which planning commission within ten days of such deci- a precise development plan is not required. sion. 142 14-7.20 (e) Planning commission action. The planning (a) Development. At least one of the affected commission shall,at its next regular meeting follow- parcels is not developed with a structure for which ing receipt of such decision, affirm or reverse the a building permit was issued, or for which a build- planning director's decision. The decision of the ing permit was not required at the time of construc- planning commission shall be final. (Ord. 395 N.S., tion, or is developed only with an accessory struc- § 2 (part)) ture or structures, or is developed with a single structure, other than an accessory structure, that is Article VIII. Statutory Mergers also partially sited on a contiguous parcel or unit. (b) Substandard conditions. With respect to any 14-8.1 Intent. affected parcel, one or more of the following condi- The intent of this article is to provide a method tions exists: for the town-initiated merger of two or more exist- (1) The parcel comprises less than five thousand ing, contiguous parcels or units of land in order to square feet in area at the time of the determination achieve orderly development,protect new develop- of merger; ment, and implement the policies of the general (2) The parcel was not created in compliance plan. (Ord. No. 395 N.S., § 2 (part)) with applicable laws and ordinances in effect at the time of its creation; 14-8.2 Definitions. (3) The parcel does not meet current standards For the purposes of this article, the following for sewage disposal and domestic water supply; definitions shall be used: (4) The parcel has no legal access which is ade- "Contiguous"means sharing a common boundary. quate for vehicular and safety equipment access and "Merger"means the process whereby contiguous maneuverability; parcels or units of land under the same ownership (5) Development of the parcel would create are merged, pursuant to chapter 1.5 (commencing health or safety hazards; with section 66451.10)of the Government Code and (6) Existence of the parcel is inconsistent with this article. the general plan and any applicable specific plan, "Slope stability" means the maximum stable other than minimum lot size or density standards;or inclination of an unsupported slope under the most (7) The parcel does not meet slope stability stan- adverse conditions that it will likely experience, as dards. determined by current engineering technology. (c) Ownership. For purposes of determining "Slope stability standards" mean those standards whether contiguous parcels are held by the same that are necessary in order to insure that a slope owner, ownership shall be determined as of the date achieves slope stability. (Ord. No. 395 N.S., § 2 that the notice of intention to determine status is (part)) recorded pursuant to this article. (d) Exceptions. Subsection (b) of this section 14-8.3 Requirements for application. shall not apply if any of the conditions stated in Applications for town-initiated mergers may be sections 66451.11(b)(A), (B), (C) or (D) of the initiated by the planning director,the planning com- Government Code exist. (Ord. No. 395 N.S., § 2 mission,or the town council.A town-initiated merg- (part)) er may proceed only if one of the parcels or units has less area than the minimum parcel area or lot 14-8.4 Review procedures. area required for new parcels or lots by the regulat- Merger applications shall be reviewed by plan- ing zone, and if the following requirements of sub- ning department staff. Notice of hearings and all sections (a) and (b) of this section are satisfied. other procedures shall be in accordance with the provisions of this section, pursuant to sections 143 14-8.4 66451.15 through 66451.21 of the Government (5) The owner of the property may appeal the Code. planning director's determination pursuant to the (a) Notice of intention to determine status. Prior procedures set forth in section 3.08.00 of chapter 16 to recording a notice of merger, the planning direc- of the Tiburon Municipal Code. for shall mail by certified mail a notice of intention (c) Notice of merger. If it is decided that the to determine status to the current record owner of parcels are to be merged, the planning director shall the property. file a notice of merger with the county recorder (1) The notice of intention to determine status within the following time limits: shall state that the affected parcels may be merged (1) Within thirty days after the conclusion of the pursuant to this article and that the owner may hearing specified by subsection (b) of this section; request a hearing before the planning director to (2) Within thirty days after the conclusion of the present evidence that the property does not meet the hearing convened as a result of the appeal specified criteria for merger. in subsection (b) of this section; or (2) The notice of intention to determine status (3) Within ninety days after the mailing of the shall be filed for record with the county recorder on notice of intention to determine status specified in the date the notice is mailed to the property owner. subsection (a) of this section, if the owner of the (b) Hearing. The owner of the affected parcels affected parcels has not filed a request for hearing may file a written request for a hearing to determine within the time period specified in subsection(b)of whether his parcels should or should not be merged. this section. When a hearing is requested, the following proce- (d) Release of notice of intention to determine dures shall be followed: status. If it is decided that the parcels are not to be (1) At any time within thirty calendar days after merged, the planning director shall file a release of the recording of the notice to determine status, the the notice of intention to determine status with the owner of the affected property may file a written county recorder and shall mail a clearance letter to request for a hearing with the planning department. the recorded owner of the affected parcels. (Ord. (2) Upon receipt of the written request for a No. 395 N.S., § 2 (part)) hearing, the planning director shall set a time, date and place for such hearing and notify the property Article IX. Voluntary Mergers owner of such information by certified mail. The hearing shall be conducted not more than sixty days 14-9.1 Intent. following the filing of the property owner's request The intent of this article is to provide for the for hearing, or may be postponed or continued by owner-initiated merger of contiguous parcels under mutual written consent of the director and the prop- common ownership without reversion to acreage, erty owner. pursuant to section 66499.20 3/4 of the Government (3) At the hearing, the property owner shall be Code. (Ord. No. 395 N.S., § 2 (part)) given the opport ni v to prP.CP�n_t any P.VInip-_ that the affected property does not meet the requirements 14-9.2 Initiation by property owner. for merger specified in subsections (a) and (b) of Proceedings to merge contiguous parcels may be section 14-8.3. initiated by petition of the owner of record of the (4) At the conclusion of the hearing,the planning parcels. The petition shall be in a form and contain director shall make a determination that the parcels the information prescribed by the planning director. are to be merged or are not to be merged, based on (Ord. No. 395 N.S., § 2 (part)) the standards for merger specified in subsections(a) and (b) of section 14-8.3. The owner shall be noti- fied of the director's determination. 144 14-9.3 14-9.3 Review procedure. 14-10.4 Documents used for reversion to The planning director has the authority to approve acreage. a voluntary merger. A voluntary merger may be Either a parcel map or a final map shall be used approved if it is found that all of the properties for reversion to acreage. Both mapping procedures involved in the merger are in common ownership. shall be subject to the provisions of this chapter. (Ord. No. 395 N.S., § 2 (part)) (a) Four or fewer parcels. A parcel map shall be the document used for reverting to acreage land 14-9.4 Development requirements. previously subdivided and consisting of four or Mergers approved under the provisions of this fewer contiguous parcels under the same ownership. article shall be subject only to those conditions (b) Five or more parcels. A final map shall be which insure that the proposal meets the minimum the document used for reverting to acreage all other area and width requirements of the regulating zone. previously approved subdivisions not described in All mergers shall be recorded with a notice of merg- subsection (a) of this section. (Ord. No. 395 N.S., er,pursuant to Government Code section 66451.12. § 2 (part)) (Ord. No. 395 N.S., § 2 (part)) 14-10.5 Required information for final Article X. Reversion to Acreage map procedure. Petitioners shall file the following when a final 14-10.1 Intent. map is required for reversion to acreage: The intent of this article is to specify the proce- (a) Tentative map. A tentative map in the form dures by which and conditions under which subdi- prescribed by article III of this chapter; vided property may be reverted to acreage. (Ord. (b) Evidence of title.Evidence of title to the real No. 395 N.S., § 2 (part)) property; (c) Evidence of consent.Evidence that all owners 14-10.2 Initiation of proceedings by of the property consent to the reversion; owners. (d) Evidence of nonuse. Evidence of the nonuse Proceedings to revert subdivided property to or lack of necessity of any roads, streets or ease- acreage may be initiated by petition of all the own- ments which are to be vacated or abandoned; ers of record of the property. The petition shall be (e) Delineation of features.The delineation of all in a form prescribed by the planning director and roads,streets or easements to be left unaffected after shall contain the information required by this article. the reversion, with appropriate notations; (Ord. No. 395 N.S., § 2 (part)) (f) Evidence on improvements. Evidence that required improvements have not been made within 14-10.3 Initiation of proceedings by town two years from the date the time final map or parcel council, map was filed for record,or within the time allowed The town council,at the request of any person or by agreement for completion of the improvements, on its own motion, may by resolution, initiate pro- whichever is later; ceedings to revert property to acreage. The council (g) Evidence of sales. Evidence of all sales of shall direct the planning director to obtain the neces- lots or parcels shown on the final or parcel map that sary information to initiate and conduct the proceed- have been made within five years from the date ings and make recommendations concerning the such final or parcel map was filed for record; reversion. (Ord. No. 395 N.S., § 2 (part)) (h) Final map. A final map in the form pre- scribed by article V of this chapter with the inclu- sion of all conditions placed on the tentative map; and 145 14-10.5 (i) Other information. Such other information as 14-10.8 Review procedures. is required by the planning director. (Ord. No. 395 A reversion to acreage application shall be re- N.S., § 2 (part)) viewed by the planning commission. Notice and hearing procedures shall be as provided in this sec- 14-10.6 Required information for parcel tion. map procedure. (a) Notice. Notice shall be given as required by Petitioners shall file the following when a parcel section 66451.3 of the Government Code. map is required for reversion to acreage: (b) Planning commission recommends approval. (a) Tentative map. A tentative map in of the In the event the planning commission recommends form prescribed by article III of this chapter, show- that the reversion to acreage be approved, the town ing the merger of the four or fewer parcels into one council shall hold a public hearing to consider the parcel; planning commission's recommendation. (b) Evidence of title.Evidence of title to the real (c) Planning commission denial.In the event the property under one ownership; planning commission denies a reversion to acreage (c) Evidence of consent.Evidence that all owners application, that action is final unless appealed to of the property consent to the reversion; the town council. (Ord. No. 395 N.S., § 2 (part)) (d) Evidence of nonuse. Evidence of nonuse or lack of necessity of any roads, streets, easements 14-10.9 Findings. which are to be vacated or abandoned; The town council may approve a reversion to (e) Delineation of features.Clear delineation and acreage only if it finds and records in writing that notation on the parcel map of all roads, streets and dedications or offers of dedication to be vacated or easements to be left unaffected after the reversion; abandoned by the reversion to acreage are (f) Evidence on improvements.Evidence that no unnecessary for present or prospective public pur- required improvements have been made within two poses, based upon the policies and designations in years from the date the final or parcel map was filed the general plan, and either: for record,or within the time allowed by agreement (a) Consent. That all owners of an interest in the for completion of the improvements, whichever is real property within the subdivision have consented later; to reversion; (g) Evidence of sales. Evidence of all sales of (b) Lack of improvements. That none of the lots or parcels shown on the final or parcel map that improvements required to be made have been made have been made within five years from the date within two years from the date the final or parcel such final or parcel map was filed for record; map was filed for record,or within the time allowed (h) Parcel map. A parcel map with the inclusion by agreement for completion of the improvements, of all conditions required on the tentative map; and whichever is later; or (i) Other information. Such other information as (c) Recordation. That no lots shown on the final is required by the planning director. (Ord. No. 395 or parcel map have been sold within five years from N.S., § 2 (part)) the date such map was filed for record. (Ord. No. 395 N.S., § 2 (part)) 14-10.7 Fees. Petitions to revert property to acreage shall be 14-10.10 Conditions. accompanied by a fee as established by the town The town council shall require as conditions of council. This fee is not refundable. (Ord. No. 395 the reversion: N.S., § 2 (part)) (a) Dedications. That the owners dedicate or offer to dedicate streets or easements; and 146 14-10.10 (b) Retentions. The retention of all or a portion 14-11.2 Requirements for application. of previously paid subdivision fees, deposits or An application for a lot line adjustment shall improvement securities if the same are necessary to include a site plan and may be accepted only if the accomplish any of the provisions of this chapter. following apply: (Ord. No. 395 N.S., § 2 (part)) (a) Number of lots.The application approval will not result in more lots than currently exist. 14-10.11 Return of fees and deposits. (b) Minimum area.The application approval will Except as provided in section 14-10.10, upon not result in a parcel that has less area than the filing of the final map for reversion of acreage with minimum lot area required for new parcels by the the county recorder, all fees and deposits shall be regulating zone. If a lot is already below the mini- returned to the subdivider and all improvement mum lot area for its zone, then the lot area shall not securities shall be released by the town council. be further reduced. (Ord. No. 395 N.S., § 2 (part)) (c) Encroachment.The application approval will not result in an encroachment into any public ease- 14-10.12 Delivery of final map. ment,right-of-way or required yard(without a vari- After the town council approval of the reversion, ance). the final map shall be delivered to the county re- (d) Building and zoning regulations.The applica- corder. (Ord. No. 395 N.S., § 2 (part)) tion approval will result in conformance with the zoning and building ordinances of the town or will 14-10.13 Effect of filing final map. not increase the nonconformance if such already Reversion shall be effective upon the filing of the exists. final map for record by the county recorder. Upon (e) Agreement. Written agreement of all owners filing, all dedications and offers of dedication not of lots whose size or configurations will be affected shown on the final map for reversion shall be of no by the proposed lot line adjustment. further force or effect and shall be shown as such (f) Other requirements.All other requirements of on the assessment roll. (Ord. No. 395 N.S., § 2 this chapter are complied with. (Ord. No. 395 N.S., (Part)) § 2 (per)) 14-10.14 Effect of filing parcel map. 14-11.3 Review procedures. The recording of the parcel map shall constitute The planning director has the authority to approve a legal reversion to acreage of the land, abandon- a lot line adjustment, though the director may refer ment of all streets and easements not shown on the an application to the planning commission for ac- parcel map, and a merger of the separate parcels tion. (Ord. No. 395 N.S., § 2 (part)) into one parcel, and shall be shown as such on the assessment roll. (Ord. No. 395 N.S., § 2 (part)) 14-11.4 Development requirements. Lot line adjustments approved under the provi- Article XI. Lot Line Adjustments sions of this article shall be subject to those condi- tions which ensure that the proposed parcels meet 14-11.1 Intent. the minimum requirements of the town. Approved It is the intent of this article to provide for a lot line adjustments shall require a recorded deed or method of reviewing applications for lot line adjust- a record of survey in accordance with the Profes- ments. (Ord. No. 395 N.S., § 2 (part)) sional Land Surveyor's Act, section 8762 of the Business and Professions Code. (Ord. No. 395 N.S., § 2 (per)) 147 14-12.1 Article XII. Certificates of Compliance time of the initial violation of the Subdivision Map Act or of local regulations enacted pursuant to the 14-12.1 Intent. Act, conditions may be imposed applicable to a The intent of this article is to provide a method current division of property.Fulfillment of all condi- of reviewing requests to determine the compliance tions shall be required prior to subsequent issuance of property with the provisions of this chapter.(Ord. of any permit or grant of approval for development No. 395 N.S., § 2 (part)) of the property. (Ord. No. 395 N.S., § 2 (part)) 14-12.2 Requirements for application. 14-12.5 Documents constituting Requests for certificates of compliance may be certificates of compliance. made by any person owning real property subject to A recorded final map, parcel map, official map, the provisions of this chapter or a vendee of such or an approved certificate of exception shall consti- person pursuant to a contract of sale of such proper- tute a certificate of compliance declaring all parcels ty. Requests for a certificate of compliance shall described therein to be in compliance with state and include a site plan and any other maps or documents town regulations. (Ord. No. 395 N.S., § 2 (part)) required by the planning director. (Ord. No. 395 N.S., § 2 (part)) 14-12.6 Real property approved for development. 14-12.3 Review procedures. A certificate of compliance shall be issued for The planning director has the authority to issue any "real property which has been approved for a certificate of compliance. (Ord. No. 395 N.S., § development," as defined in Government Code 2 (part)) section 66499.34, upon request by the owner(s) of the real property or vendees of such owner(s)pursu- 14-12.4 Determinations and requirements ant to a contract of sale of the property. (Ord. No. for issuance. 395 N.S., § 2 (part)) The planning director shall review the application for a certificate of compliance and shall make one 14-12.7 Date of subdivision regulations. of the following determinations based on that re- The Town of Tiburon has regulated all subdivi- view: sions since its incorporation on June 23, 1964.Prior (a) Issuance. If the parcel is found to comply to the incorporation of Tiburon, Marin County did with all provisions of the Subdivision Map Act and not regulate the division of property into three or the town regulations, a certificate of compliance fewer lots. However, the subdivision of land into shall be issued pursuant to section 66499.35(a) of four or more lots has been regulated by Marin the Government Code; or County since 1932. The above information is pro- (b) Conditional issuance. If the parcel does not vided pursuant to section 66412.6 of the Govern- ceply with regulations n_tffactat the time of its meant Code.o 395 S � A 7 fp rrtn creation or does not comply with current regula- tions, the parcel shall be found not to comply with Article XIII. Notice of Violation state and town regulations and a conditional certifi- cate of compliance which states the conditions re- 14-13.1 Intent. quired to bring the parcel into compliance shall be The intent of this article is to provide for notice issued,pursuant to section 66499.35(b)of the Gov- of violations of provisions of this chapter. (Ord.No. emment Code. Conditions may not exceed the re- 395 N.S., § 2 (part)) quirements at the time the parcel was created.How- ever, if an applicant was the owner of record at the 148 14-13.2 14-13.2 Tentative notice of violation. 14-13.5 Action by director. Whenever the planning director finds that any After the owner has had the opportunity to Pres- real property has been divided,or any boundary line ent evidence at the meeting, the planning director of any parcel relocated, in violation of this chapter, shall take either of the following actions: he or she shall cause to be mailed,by certified mail (a) Clearance letter. Determine that there has to the then current owner of record of the property, been no violation and mail a clearance letter to the a notice of intent to record a notice of violation. then current owner of record; or Such tentative notice of violation shall contain the (b) Notice of violation. Determine that the prop- following: erty has in fact been illegally divided and record a (a) Property description.A description of the real notice of violation with the county recorder. (Ord. property; No. 395 N.S., § 2 (part)) (b) Record owner. The name(s) and address(es) of the owner(s) of record; 14-13.6 Alternative remedies. (c) Violations. A description of the violation(s) The provisions of this article do not limit the alleged; legal remedies available to the town for violation of (d) Explanation. An explanation as to why the this chapter. Such remedies include, but are not subject parcel is not lawful under the relevant provi- limited to, an action to restrain or enjoin activities sions of this chapter and the Subdivision Map Act; inconsistent with this chapter of the Subdivision and Map Act. (Ord. No. 395 N.S., § 2 (part)) (e) Notice of meeting. A time, date and place where the director will conduct a meeting to consid- er the violation(s) of this chapter. (Ord. No. 395 N.S., § 2 (part)) 14-13.3 Response by owner. Within fifteen mailing days of receipt of the tentative notice of violation described in section 14- 13.2, the property owner.of record shall inform the planning director in writing of his or her objection to the recordation of a notice of violation. Failure to so inform the director shall result in a notice of violation being recorded with the county recorder pursuant to section 14-13.5. (Ord. No. 395 N.S., § 2 (per)) 14-13.4 Opportunity to present evidence. The meeting described in section 14-13.2 shall be conducted no less than thirty days, and no more than sixty days, after the mailing of the tentative notice of violation.At the meeting the owners of the property shall be given the opportunity to present any evidence relevant to show why a notice of violation should not be recorded. (Ord. No. 395 N.S., § 2 (per)) 149 b' TOWN OF TIBURON Town Council Meeting e 1505 Tiburon Boulevard May 17, 2017 a b, Tiburon., CA 94920 AcTenda Item: Al—I STAFF REPORT To: Mayor and Members of the Town Council From: Mayor Fraser Subject: Recodiftion of Departing Town Councilmember Frank Doyle Reviewed By: ' 11' BACKGROUND Following over a decade of notable service to the Town of Tiburon, Councilmember Doyle has announced he and his family will be relocating, and has submitted his resignation from the Town Council. In addition to his service on the Town Council, Councilmember Doyle has also served on the Design Review Board and Planning Commission. On the occasion of Councilmember Doyle's final Council meeting this evening, the Council is invited to recognize Councilmember Frank Doyle. RECOMMENDATION Staff recommends that the Town Council: 1) Adopt the attached resolution 2) Share comments with Councilmember Doyle. Councilmember Doyle is invited to share his comments as well. Exhibit: 1) Draft Resolution Prepared By: Lea Stefani, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. 11-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING FRANK X. DOYLE FOR HIS YEARS OF DISTINGUISHED SERVICE TO THE TOWN OF TIBURON WHEREAS, Frank Doyle, proud resident of Tiburon, and even prouder native of a small town in New Jersey, has lent his energy,vision and sense of humor to Town service for over a decade; and WHEREAS, like many others in Town, Frank became an expert in the Design Review process by watching several homes rise up in front of his own, and apparently finding great joy in late night meetings, applied for, and was appointed to a seat on the Design Review Board in 2005, and following Emmett O'Donnell's move to the Planning Commission, was quickly thereafter appointed Chairman; and WHEREAS, although Frank heeded Emmett's advice and valued his time on the DRB, when Emmett departed the Planning Commission for Town Council in 2009, Frank was compelled to fill Emmett's empty seat once again, and joined the Planning Commission; however, balking at the lack of color, vibrancy and creativity in Planning Commission staff reports, Frank followed Emmett's lead (again)and moved up to the Town Council in 2011; and WHEREAS, Frank was selected by his fellow Councilmembers to serve as Mayor in 2014, and is commended for his straight forward, common-sense, down-to-earth approach to governing, while still ensuring his colleagues shared a laugh or two at the bi-monthly Wednesday night meetings; and WHEREAS, Frank is known for his creative mind and imaginative spirit, and has lent his vision to honoring Tiburon history by aiding in the design of the Old Rail Trail monument signs, which will remind residents and visitors for years to come of Tiburon's history as a railroad town; and WHEREAS, Frank became a champion of the cause to improve Blackie's Pasture, and was inspired to develop Doyle Park, a community area used and cherished by all, thereby transforming "the path that leads to nowhere"into"the path that leads to the bike path"; and WHEREAS, the Town Council and staff know Frank, Leslie, Connor and Laurel will enjoy their adventures in Bozeman, Montana, where Frank will no doubt be inspired by many more beautiful landscapes to depict in his artwork, adding to his collection from Tiburon: a community similarly inspired by his commitment to making our home a more beautiful and vibrant place to live. NOW, THEREFORE, the Town Council of the Town of Tiburon does hereby thank Frank Doyle for his years of distinguished service to the Town of Tiburon,and sincerely hopes he will now refer to this small town in California as fondly as he refers to that small town in New Jersey; and PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 17, 2017. EXHIBIT NO. Page 1 of 2 Town Council Resolution No. 11-2017 05/17/2017 JIM FRASER, MAYOR ATTEST: LEA STEFANI,Town Clerk Page 2 of 2 Town Council Resolution No. 11-2017 05/17/2017 Jon Welner JON WELNER 24 JUNO ROAD • TIBURON, CA 94920 jwelner@jmbm.com May 8, 2017 VIA E-MAIL Lea Stefani Town of Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon CA 94920 E-Mail: I stefani @townoftiburon.org Re: Letter of Interest for Interim Appointment to Town Council Dear Mayor and Town Council: I hereby submit this''letter of interest for an'interim appointment to"the Town Council. My wife Pamela and I have lived in our home in Belveron East since 2003. In that time, our little family of three has grown into a family of six. We now have three beautiful children— our sixteen-year-old girl Mira; twelve-year-old boy Benjamin; and nine-year-old girl Naomi— and our sweet dog Pasta. All of our best memories have happened here in the Town of Tiburon. We feel great love for this community, and I am therefore seeking an opportunity to "give back" to this wonderful town. As you may know, I have served on the Town's Planning Commission since 2012, including one year as its Chair. In that time, I have become familiar with this Town's very special culture. The Town's residents are a wonderful community of citizens who care about each other and the Town. We resolve disagreements with civility and respect,and share a deep love for the physical beauty of our surroundings, and the "village atmosphere"of our town. My primary goal as a member of the Town Council would be to preserve these wonderful qualities of our town, while serving the needs of its residents. Here is a brief description of my qualifications for a position on the Town Council. Professional Experience I am an environmental and land use lawyer who has been practicing law for 22 years. I am a partner at the law firm Jeffer Mangels Butler and Mitchell, LLP in San Francisco. In my daily work, I represent private companies, local governments, and nonprofits in addressing the complex regulations governing environmental and land use issues in California. (My biographical summary is attached.) Lea Stefani May 8,2017 Page 2 I believe that my professional experience would be very helpful as a member of the Town Council. Over the years, I have become familiar with many of the public policy issues faced by communities like Tiburon. I understand and can work closely with the many of the state and regional governmental bodies that affect our Town's well-being. I am a problem solver—both personally and professionally—and would be delighted to put these skills to use for the benefit of our Town. Commitment to Public Service I have been devoted to public service my entire adult life. In my early career, I worked for several governmental and nonprofit organizations, including World Wildlife Fund in Washington, DC; and the California Natural Resources Agency in Sacramento,California. I regularly serve on numerous boards and committees of nonprofit organizations. These include: Current organizations • Board of Directors,Osher Marin Jewish Community Center, San Rafael. • Board of Directors,John Gardner Fellowship Association. • Advisory Board, Stanford-in-Government. • Executive Committee Member and former Chair,Environmental Law Section, Bar Association of San Francisco. • Executive Committee Member,Environmental Law Section, California State Bar. Former organizations • Board member, Congregation Rodef Sholom, San Rafael. • Board member, Cystic Fibrosis Foundation,Northern California Chapter. • Board member, San Francisco Museum of Craft and Folk Art. Commitment to the Town My family and I spend virtually every weekend playing in Tiburon. We ride our bikes on the Old Rail Trail; have coffee at Caffe Acri; enjoy pizza at Waypoint; and catch movies at the Tiburon Playhouse. We are Tiburon residents,through-and-through. Since 2012, 1 have served on the Town's Planning.Commission, and spent one year as Chair. I have worked hard and believe that I have made a positive contribution to the Town. In addition, I have learned a great deal about the policy issues facing our community,and the deliberate and respectful process that is needed to address the sometimes difficult questions that are brought before us. I am eager to apply these lessons and skills to the bigger challenge of serving on the Town Council. Lea Stefani May 8,2017 Page 3 Conclusion I respectfully ask you to consider my candidacy for an interim appointment to the Tiburon Town Council. Sincerely, Jon Weiner Attachment JMBM !:.1. . .................. Jon Welner , ........... , i i { r Partner JWelner@jnlbrn.com 2 Embarcadero Center i 5th Floor San Francisco, California 94111 :;.. Direct:415.984.9656 r��w Main:415.398.8080 Fax: 800.538.2541 Main: 310.203.8080 Biography Environmental Law, Energy, and Land Use Jon Weiner is a leading practitioner of environmental and natural resource law in California. Jon represents clients in all areas of environmental, natural resource, and land use law. His practice includes the regulation of air,water, hazardous substances, hazardous waste, radiological materials, contaminated properties("Brownfields"), power plants,oil and gas facilities, coastal development, endangered species and other natural resources, as well as matters involving CEQA and NEPA(environmental impact reports/studies),the Williamson Act(farmland preservation), OSHA/Cal-OSHA(workplace safety), and Prop 65(chemicals in products). Jon has special expertise on the siting of power plants in California and proceedings before the California Energy Commission. Jon represents clients in both administrative and judicial proceedings, including matters before the California Air Resources Board (CARB)and Air Districts, the State and Regional Water Boards, the California Department of Toxic Substances Control, the California Department of Public Health,the California Department of Conservation, the California Public Utilities Commission, the California Energy Commission,the California Coastal Commission,the San Francisco Bay Area Conservation and Development Commission (BCDC),the State Lands Commission, U.S. EPA, the U.S.Army Corps of Engineers, the U.S. Nuclear Regulatory Commission, local governments, and other agencies. Jon's clients include project developers, land owners, solar companies, mining companies,concrete suppliers,oil and gas companies, hotels and hospitality companies,water utilities, automobile manufacturers, chemical manufacturers, biotechnology companies, modular building manufacturers, scrap metal recyclers, hazardous waste and solid waste landfills, local governments, and nonprofit organizations. Jon is frequently called upon by the media to comment on environmental and natural resource topics. He is a member and former Chair of the Planning Commission of the Town of Tiburon, California, and has previously served as a senior official Los Angeles Orange County San Francisco 1900 Avenue of the Stars,7th Floor 3 Park Plaza,Suite 1100 Two Embarcadero Center,5th Floor Los Angeles,California 90067 Irvine,California 92614 San Francisco,California 94111 Phone:310.203.8080 Phone:949.623.7200 Phone:415.398.8080 Fax:310.203.0567 Fax:949.623.7202 Fax:415.398 5584 P i JMBM Jon Welner at the California Natural Resources Agency. Prevailing Wage Jon is the Chair of JMBM's Prevailing Wage Practice Group. He is recognized as one of the foremost practitioners in the State, and is frequently involved in complex and groundbreaking cases on behalf of developers, contractors, and manufacturers. Jon represents employers in proceedings before the California Department of Industrial Relations and the Labor Commissioner, including public works determinations and appeals of Civil Wage and Penalty Assessments(CWPAs). He defends clients in high-stakes prevailing wage litigation. He also represents clients on matters involving federal prevailing wages (Davis-Bacon), and in the negotiation and operation of Project Labor Agreements(PLAs). Jon frequently speaks and writes on prevailing wage topics. He is the principal advisor on prevailing wage matters for the California Construction and Industrial Materials Association(CaICIMA), and has prepared a Prevailing Wage Compliance Checklist for California concrete producers. Jon also publishes WELNER ON WAGES, a series of articles on Linkedln about current developments in prevailing wage law. I. ,31 _ .. .. .�.. rA1?7,`X.,}• _�hTJ:3`a�F"a,�x+; t"".:rSrM1 .1 Education • J.D., Stanford Law School, 1995 • Class Marshal, 1995. • President, Environmental Law Society, 1994-5. • Associate Editor, Stanford Law Review, 1993-95. • A.B.,with Distinction, Political Science, Stanford University, 1989 • Phi Beta Kappa, 1989. • John Gardner Fellow, 1989 • Chair, Stanford-in-Government, 1988-89 • Harry S. Truman Scholar, 1987 Practices • Environmental Los An Orange County San Francisco 1900 Avenue of the Stars,7th Floor 3 Park Plaza,Suite 1100 Two Embarcadero Center,5th Floor Los Angeles,California 90067 livine,California 92614 San Francisco,California 94111 Phone:310.203.8080 Phone:949.623.7200 Phone:415.398.8080 Fax:310 203.0567 Fax:949.623.7202 Fax:415.398.5584 • { w' • s. t JMBM ..................... ---------- Jon Welner • Global Hospitality Group® • Government • Labor& Employment • Land Use • Natural Resources& Mining • Prevailing Wage • Real Estate • Renewable Energy/Climate Change Industries • Construction • Construction&Building Materials • Energy • Oil, Gas&Geothermal Bar Admissions • State Bar of California Associations • Executive Committee Member and former Chair, Environmental Law Section, Bar Association of San Francisco • Executive Committee, Environmental Law Section, California State Bar • Board of Directors, Osher Marin Jewish Community Center • Board of Directors, John Gardner Fellowship Association • Advisory Board, Stanford-in-Government • Formerly served on the Boards of the following institutions: Congregation Rodef Sholom (San Rafael). • Cystic Fibrosis Foundation, Northern California Chapter. • San Francisco Museum of Craft and Folk Art. Awards & Recognition • Martindale-Hubbell Peer Review,AV Preeminent Rating • Avvo, Superb Rating • Recognized as one of The Best Lawyers in America®for 2016&2017 Bloods • Double Deja Vu:AB 219 is Reinstated! • Deja Vu: Court Overturns AB 219... Again! ■ Beginning of the End for Davis-Bacon? Los Angeles Orange County San Francisco 1900 Avenue of the Stars,7th Floor 3 Park Plaza,Suite 1,100 Two Embarcadero Center,5th Floor Los Angeles,California 90067 Irvine,California 92614 San Francisco,California 94111 Phone:310.203.8080 Phone:949.623.7200 Phone:415.398.8080 Fax:310.203.0567 Fax:949.623.7202 Fax.415.398.5584 Jon Welner • Reversal of Fortune:AB 219 is Back! ■ How to Buy a Hotel Handbook—Hotel Lawyers Announce New Book Release Speaking Engagements • Environmental Law Section of the SF Bar Association: The New Air Permit Regulations for the Bay Area:What Every Air Lawyer(or Would-Be-Air-Lawyer)Should Know • Select Conference on Industry Litigation: New Developments in California Prevailing Wage Law • Annual State Bar Environmental Law Conference: The Emerging Importance of Methane in Greenhouse Gas Regulation • CaICIMA: Prevailing Wage Workshop (Southern California) • CaICIMA: Prevailing Wage Workshop(Northern California) Articles •.How many millions could"Prevailing Wage"cost your hotel? • CaICIMA'Checklist'for Compliance with AB 219: New Prevailing Wage Requirements for Concrete Suppliers • California Current: Guest Juice:Ag Elbows Renewables ■ Land Use Law Update: BCDC Approves New Schedule for Finalizing and Adopting Climate Change Amendment to the SF Bay Plan • Electric Light&Power: Paved With Good Intentions Media Mentions ■ Daily Journal: Utilities Attorneys Say Recent Cap-and-Trade Decision Reduces Much Uncertainty • Marin Independent Journal: Marinwood Plaza analysis finds no toxic risk to wells,creek; ranchers unassuaged • Clean Energy Report: Reliability, GHGs Emerge In Debate Over Tabling Of Power Plant Application ■ The Ark: Commission: Tiburon ban on retail pot dispensaries would be premature • Daily Journal: High Court Preserves Greenhouse Gas Regulations Press.Releases • JMBM Attorneys Recognized as 2017 Best Lawyers in America® • Best Lawyers in America©2016 Recognizes 17 JMBM Attorneys • JMBM Named 2015"Top Ranked Law Firm"by Martindale-Hubbell® • Jon Weiner, Environmental Partner at Jeffer Mangels Butler& Mitchell LLP, is Elected Chair of the Planning Commission for the Town of Tiburon • Jon Weiner, Environmental Partner at Jeffer Mangels Butler& Mitchell LLP, is Elected to the Executive Committee of the California State Bar Environmental Law Section Los Angeles Orange County San Francisco 1900 Avenue of the Stars,7th Floor 3 Park Plaza,Suite 1100 Two Embarcadero Center,5th Floor Los Angeles,California 90067 Irvine,California 92614 San Francisco,California 94111 Phone.310.203.8080 Phone:949.623.7200 Phone:415.398.8080 Fax 310 203.0567 Fax:949.623.7202 Fax:415.398.5584 Jack Ryan Dear Ms. Stefani, Please consider me as an applicant for interim appointment to the Town Council. I believe I have the skills, experience, and demeanor to contribute meaningfully as a Councilmember. Tiburon is an amazing place, and my family and I have been fortunate to call it home for almost seven years. Over that time, I have become more involved in progressively broader community- related endeavors. Most recently, I have been active in spearheading the Hawthorne Terrace utility undergrounding project and working as the program manager for the Yellow Bus Challenge. In both cases, I have enjoyed dealing with a broad spectrum of constituencies and solving problems for both individuals and groups. Moreover, these roles have given me the opportunity to work with many impressive, dedicated leaders from Town Staff, the Councils of Tiburon and Belvedere, and the Reed Union School District. Their energy and insightfulness have been inspiring. With that experience as a backdrop, I am excited to help lead the The Town forward as a Councilmember. I had originally anticipated running in November's election, but with the resignation of two Councilmembers, I am compelled to act now. The Council will face some substantial challenges in the near future. Fortunately, one of my strengths is being thorough and rigorous in mastering new subjects and situations in a relatively short timeframe. For example, I had neither training nor experience in either utility undergrounding or school transportation programs prior to'my current projects. Now... go ahead, ask me anything! Prior to my recent experience, 1 was a Managing Director and Head of Equity and Commodity Derivatives Trading at Wells Fargo. All told, I was derivatives trader and risk manager for almost twenty years. The roles demanded and honed my ability to solve problems under ever- changing information paradigms,particularly with respect to financial decisions. I am adept at evaluating cost and benefit allocations, opportunity, and risk. I graduated from MIT in 1989 with a bachelor of science degree in aeronautical engineering. I look forward to speaking more about the role and how I may fit it. Thank you for your consideration. Regards, Jack Ryan 757 Hawthorne Dr. 415-652-5225 mercjfr@hotmaii.com Kyle A. Belek Kyle A. Belek 4 Southridge Road West Tiburon, California 94920 Letter of Interest and Intent for the Position of Interim Town Council Member Dear Mayor and Town Council Members, I would appreciate your consideration of my application for Interim Town Council Member. As an introduction,my wife and I are both physicians in the area and have been residents of Tiburon since 2008. We have three children who are eight,six and two years old. Our children attend Reed Elementary School and Belvedere Nursery School. Plus,the remainder of my immediate family lives in Tiburon and Marin County. 1 have been interested in local government for some time but have not had the opportunity to act on this interest due to surgical training,early practice requirements and the general day-to-day obligations of raising a young family. As my practice has matured and my children have spent more time in school I find myself with more time to pursue personal interests. As a husband,father and neighbor with deep connections to Tiburon I would very much appreciate the opportunity to assist in keeping our Town a clean and safe place. As a physician,surgeon and local small business owner I would value the opportunity to help keep Tiburon the premier location to live in all of Marin County and, in my opinion,the entire San Francisco Bay Area. Throughout my education in medical school,training at UCSF,and establishment of a practice providing care to my neighbors and colleagues I have exercised an unbiased and sensible approach to my decision making. Providing surgical care to patients requires.a tremendous amount of responsibility as well as the ability to provide clear and concise decisions no matter the situation that is presented. Having been trained that the decisions I make have a direct impact on others makes me particularly suited to fill the current vacancy. I have been very fortunate to serve those in need throughout my career and would welcome the opportunity to do the same outside of the operating room. As a local resident who has no other agenda than to uphold the safety and integrity of the wonderful place where I work and raise my family, I ask that you will consider my application for Interim Town Council Member. Sincerely, Kyle A. Belek, M.D. David Kulik Members of the Tiburon Town Council- Since moving to Tiburon in 2007, my family and I have become truly appreciative of all our Town has to offer. Once we became established here, I decided to get involved. I serve on the Board of Directors of our neighborhood association, have served as the Treasurer and President of the Belvedere Tennis Club, and since 2013 have served on the Tiburon Planning Commission, acting as the Chairman in 2015. As I became more familiar with the history and current state of affairs in Tiburon, I was routinely humbled realizing how much work has gone into establishing, preserving, and improving all the elements that make the quality of life so exceptional in our Town. This work was done by countless selfless volunteers,giving freely of their time and energy to serve the Tiburon community. My time on the Planning Commission has taught me the value of process and continuity in the governance of our Town. While I certainly do not claim to be a superior candidate, I do have a working knowledge of our land use guidelines and a thorough familiarity with the process for adjudicating and administering our local regulations. During a time where there will be a substantial amount of change on the Town Council, I submit that this experience may be of use in filling one of the current vacancies. Over the last four years, I have tried my level-best to treat everyone that has come before the Planning Commission respectfully. By studying the specific issues, the background information, the applicable regulations, and by listening to the concerned citizens, I can confidently state that I have made fully informed decisions and in the process treated everyone involved fairly. I would bring that same philosophy to the Town Council, and while the issues will be different by definition, the process for understanding them will remain the same. My wife and I are fully invested in Tiburon, as we decided years ago to raise our two daughters here. We feel extremely fortunate to be able to provide this childhood experience for them. By applying for this appointment, I hope to continue to honor the efforts of those who have volunteered before me, as well as to serve my community in a new and impactful way. Attached Please find a brief summary of relevant experience and qualifications. I would be happy to expand on this information during an interview. Thank you for your consideration, David Kulik DAVID KULIK kulikl@mac.com Education Lake Forest College, Bachelor's degree in Physics The Wharton School, University of Pennsylvania, MBA in Finance Work Experience United States Marine Corps Officer, Naval Aviator 1995-2006 (Active Duty) 2006-Present (Reserve) Southwest Airlines 2006-Present- Pilot Community Service Tiburon Planning Commission 2013-Present-Commissioner 2015 - Chairman Lyford Cove/Old Tiburon Neighborhood Association 2013-Present- Board of Directors Belvedere Tennis Club 2013-2015 - Board of Directors 2014-Treasurer 2015- President Daren Wein Lea Stefani From: Daren Wein <daren@panoramalegalconsulting.com> Sent: Monday, May 08, 2017 4:46 PM To: Lea Stefani Subject: Application for Tiburon Town Council appointment Attachments: DarenWeinProfile.pdf Lea: It was a pleasure meeting you at the window at Town Hall last week. Thank you for your time and guidance regarding the appointment process for the vacant Town Council positions. I have wrestled with the idea of throwing my hat into the ring this past week in large part because my life is very busy(as are most people's). I greatly respect the time and effort that a position on the Council requires and would want to give it my best effort if selected. Having consulted my wife and family regarding time commitments and scheduling, I now submit my name to be considered for one of the vacant Town Council appointments Who am I? My name is Daren Wein. I am a 10-year resident of Tiburon having moved to the Bel Aire neighborhood almost a decade ago to the day. My wife and I live here with our 3 daughters (ages 12, 10,4). The two oldest girls attend Del Mar and Bel Aire schools. The youngest will start Reed in Fall 2018. We have been active participants in Foundation efforts since they began school. What is my background? I was raised in Los Gatos,California, which is in many respects, a cousin to Tiburon in demographic,size,culture and feel. I attended UCLA for undergraduate school and Pepperdine and the University of Washington for law school. I practiced as a tax attorney for S years before leaving the law to become a recruiter for law firm partners. Until 2+years ago, I was a partner in an international legal consulting/recruitment company. However, in late 2014, 1 launched my own recruitment/consultancy company which I run out of offices in Larkspur. I travel about a week every two months but am otherwise able to run my business from the Bay Area. What have I done within the community? I have been active in the community on various fronts for years. I am a long-time Tiburon.Peninsula Soccer Club Coach and former coordinator. I regularly volunteer with Reed School District and serve on the Operations Committee at the Tiburon Peninsula Club where we are members. Within the Bel Aire neighborhood, I have been very active on various issues over the years including how The Cove Shopping Center buildout affects the neighborhood. Indeed,a funny example of my involvement occurred late last year when, unsolicited, I received architectural drawing and permit documents regarding the Round Table Pizza operational permit request from Scott Anderson,the Town's Director of Community Outreach. The documents were addressed to me as the President of the Bel Aire Neighborhood Association. To be clear, no such official association exists and I am certainly not its elected President! When I spoke to Scott and asked why he sent me the documents, he replied that I had been involved in enough previous iterations of Bel Aire focused matters that he figured if he sent it to me, it would be properly routed to the neighborhood. He was right and the neighborhood turned out in force to speak its mind regarding the proposed move. I give this to illustrate my continued interest and interaction with the Town on community issues of significance. Why am I interested in the vacant Town Council seat? First and foremost, I love the Town of Tiburon and I want to serve it. Like most who live here, I find myself taking breath rather often and thinking how fortunate I am to live here-not just because of the natural beauty, but because of the way the town produces a feeling of community that is rarely replicated elsewhere. I know that result does not just magically occur and I would like to continue helping to make it happen . 1 What do I believe? • 1 believe that local government should continually strive to address the granular issues that immediately affect people's daily lives. I want local government to address immediate concerns and not for larger political matters that are often better handled at different levels of government. I believe that local governments must be highly fiscally responsible. 1 believe that the Council would continue to benefit from the perspective of a parent with children in the Reed School Disrict as that is a descriptor of a large portion of the Town population. • 1 believe that the CalTrans NB 101 traffic issue is potentially a major quality of life problem if it is not handled well in the near term • 1 believe there is occasionally a bias within the Town to view Town issues from an epicenter model(closest to the Village) and that areas like Bel Aire, Belveron, Paradise Cay occasionally suffer as a result. Please see the attached PDF for my Linkedln resume. If you have any questions, please do not,hesitate to contact me. Regards, -Daren PANORAMA CONSULTING Dagen G. Wein PANORAMA LEGAL CONSULTING 2200 LARKSPUR LANDING CIRCLE,SUITE 102 LARKSPUR,CA 94939 DAREN@PANORAMA LEGALCONSU LTI NG.COM TELEPHONE:415-756-2824(MOBILE) 415-398-0797(OFFICE) 2 Daren Wein Founder at Panorama Legal Consulting Jaren(d),panorazTialegalconsulting.con-i San-imary N/A Experience Founder September 2014 - Present My recruiting practice focuses on the Am Law 50 lateral law firm partner market in California,New York and Washington, DC with an emphasis on corporate transactional,complex litigation and intellectual property practices . Upon request, I have helped long-standing clients with whom 1 have deep relationships hire abroad in Asia and England. l believe that high level partners move only when the opportunity AND the timing are right. 1 launched Panorama Legal to help candidates and clients alike in their efforts to expand their view of the market so that career defining decisions can be better made. Shareholder/Legal Recruiting at Mlegal Consulting January 2010 - August 2014 (4 years 7 months) Daren Wein focuses his practice on the law firm market in Northern California. In addition,Daren regularly works on specific search projects for law firms and companies, on a retained basis, in other markets including Southern California, London and China. A Silicon Valley native, Daren practiced as a tax attorney for nearly five years prior to becoming a legal. recruiter. A recognized expert in the attorney search process, Daren lectures to organizations about the changing legal market. He utilizes both his long-established contacts with the decision makers at firms and companies across the Bay Area and deep Mlegal relationships to gain otherwise unavailable access for his candidates. Senior Consultant at Mlegal Consulting 2004 - 2009 (5 years) Associate at Nossaiman, Guthner,Knox & Elliott,LLP 2000 - 2002 (2 years) Tax/Real Estate Associate Associate at Berliner Cohen 1998 - 2000 (2 years) Tax Associate Page 1 Education University of Washington School of Law LLM, Tax, 1997 - 1998 Pepperdine University School of Law JD, Law, 1994 - 1997 University of California,Los Angeles Bachelor of Arts(B.A.), History, 1989 - 1993 Menlo School Page 2 Daren Wein Founder at Panorama Legal Consulting daren( panora.maleg�l consciItillg.corri Linked z+ 5 " : Contact Daren on Unkedln Page 3 Angela McInerney Angela McInerney 60 Mount Tiburon Road, Tiburon CA 94920 angelamcinerney@mac.com 914-486-8398 Education Boston University, School of Education, Boston MA 2001 Master of Arts in Teaching, Science Education Magna cum Laude & Pi Lambda Theta Grand Valley State University, Allendale MI 1997 Bachelor of Science, Health Sciences Magna cum Laude PADI Divemaster 2000 Experience CEO McInerney Family 2003-present Duties include, but are not limited to: Manage household operations for three properties. Budget and allocate appropriate expenditures. Coordinate appointments, teams, classes, social engagements and school activities. Coordinate education curriculum. Guide and oversee emotional development and counseling. Supervise and manage multiple renovation projects-- budget, design, and contractors. Chef and Nutritionist--research, plan, purchase and prepare meals. Chauffeur - both local and long distance. Nurse- manage daily care for minor cuts and abrasions. Head of maintenance and repair. Coordinate multiple moves across country. Safe Routes to School Task Force 2016 - present Team Leader, Bel Aire and Reed Schools. Work with local officials, engineers, police, and schools to encourage and educate students and parents. Work to create a healthy lifestyle for kids, safer routes to school and a cleaner environment for everyone. Westchester Children's Museum 2010 - 2013 "Museum Without Walls" Volunteer. Developed and implemented curriculum. South River Riverkeeper Alliance 2001- 2004 Volunteer. Developed and implemented curriculum. High School Biology Teacher 2000 - 2003 Developed curriculum for Marine Biology and Human Anatomy & Physiology. Reasons for Interest in joining Town Council: I would like to join the Tiburon Town Council so that I can help preserve the best of Tiburon while working to make it an even better place to live. 1 think I would be an excellent representative on the Town Council. As a scientist, I was trained to study facts and research problems. As an educator, I was taught to work with my team and to step back and listen as well as lead. I am honest, hard working, dedicated, and a creative problem solver. I have a passion for Tiburon and I would be honored to have the opportunity to serve on Town Council. There are several reasons I would like to volunteer. First, becoming involved on a local level means that I can directly help affect positive change in my community. I can be close to the programs and people that I am working to help, and I can see the direct results and efforts of our labor. I have had the fortune to live in some pretty amazing places, but Tiburon takes the cake by far. I am eager to invest my time and energy in our town and community. Secondly, I think that the Tiburon Town Council could use some diversity with both age and gender. Tiburon is losing a great asset with Erin Tollini relocating to the East Coast and I think at least one of the vacant seats should be filled with another woman. In her book, "Broad Influence", Jay Newton Small researched what happens when the percentage of women in a group reaches a critical mass (207. or more). Newton-Small found that when this happens, women tend to be more collaborative, they look for win-win situations, and they listen. Filling a vacant seat with a woman will ensure that Tiburon Town Council retains the current 20% female ratio. I am also interested in serving so that I can meet even more citizens of Tiburon. Similar to how several current council members have met with me, I look forward to meeting many different people who live in Tiburon. There are many young families moving into town. More families means more impact on the schools, roads, and traffic. There are challenges such as cost of living/ affordable housing, transportation, and safety. Tiburon also has an aging population. How can we assist the elderly and address their needs as well? These are just some of the issues I look forward to meeting with people and working on. I would like to join Town Council so that I can learn how the town government works. For me, what started as an interest in bicycle and pedestrian safety and education, has expanded into an interest and investment in what happens in all sorts of different aspects of Tiburon government. When I am involved and informed, I can better understand how all the departments are connected and work with them to solve problems. I would like to serve because Tiburon has some challenging issues that need to be analyzed. I'm interested in emergency preparedness and making sure that our community and resources are ready for a natural disaster or other emergency. I would like to work with and address the environmental and climate issues that we are facing. There are other issues such as McKegney field, utility projects, housing development, open space conservation, as well as path and trail mapping. I would love to see a vibrant downtown that encourages residents to enjoy the area while respecting the near-by residential homes. I would like to work on the long term planning and vision for Tiburon. I look forward to working through Tiburon's problems as well as embracing the things that bring us together and make us a community such as Friday Nights on Main, the Farmer's Market, Shoreline Park, Library and Blackie's Pasture events. Thank you for taking the time to consider my application. Sincerely, ~ l / Angela Mc erney Local Involvement: Coordinated International Walk to School Day October 5, 2016 Worked with schools, law enforcement, and town officials to encourage walking, biking, busing or car poling to school. Significant increase in students biking to school on October 5, 2016 Normal bikes at reed -10 4 increased to 50 Normal bikes at Bel Aire - 25-35 --> increased to 100 Normal bikes at Del Mar -100 4 increased to 150 Developed comprehensive proposal for a sustainable and ongoing Bicycle, Pedestrian, Motorist Safety Education Program Fall, 2016 Presented to POST Commission November 29, 2016 Working with POST Commission to further develop a sustainable, ongoing bicycle, pedestrian, motorist safety education program Fall 2016- present Developed an interactive presentation for Tiburon and Belvedere police chiefs to present to Bel Aire Students February, 2017 Coordinating National Bike to School Day May 10, 2017 Working with schools to coordinate messaging and encourage and educate students. Reaching out to local officials, police, professional cyclists, and parents to participate and support the event. Coordinating volunteers and recruiting donations. National Bike to School Day is May 10, we are expecting even more bikes than in October. Worked with RUSD to update district website RUSD did not have all transportation options listed on the school website. I worked with local web developer and the school web developer to add safety information and resources to the website. Working to develop route maps for Bel Aire School Reached out to Police chiefs, engineers, DPW, and cycling and bicycle experts to develop suggested routes. Worked with Student Council to fill in gaps on steps, lanes and paths. RUSD PTA member Room Parent 2015-2016 Managed weekly class and PTA updates Fulfilled 10-15 volunteer positions a week. Coordinated class parties and end of year celebration. Room Parent 2016-2017 Managed class and PTA updates Coordinated class parties and end of year celebration. Round Hill Road Safety Improvements Worked with Town Officials, engineers, police and other parents to improve safety for cyclists, pedestrians and motorists on Round Hill and Mount Tiburon Road. We were able to stripe the road differently after the slurry seal, and install botts' dots as well as a speed monitoring sign. Recently, two speed advisement signs (Curves ahead, 20 MPH) were installed as a result of our efforts. Other Volunteer commitments: RUSD schools: Volunteer commitments change weekly. With three children, I try to get into the classroom and support the students and teachers as much as possible. NARAL: Co-sponsored movie screening in Tiburon, CA. Indivisible: Member of Tiburon Indivisible group. Background: There are people who pride themselves on how many generations their family has lived somewhere. It is quite an accomplishment and it gives them a depth of understanding and knowledge that can only be garnered from decades of stories and experiences. I take pride in that I have lived so many different places in my life. Growing up in the Mid West, I was raised in a family with solid family values. It can be challenging and stressful to move, but it is also a chance to reboot and recreate. Rather than my newness to Tiburon as a detriment, i see it as a positive. I can take the lessons from past cities to create my best self, which happens to include a new interest in local politics. I met my husband when we were in elementary school and we were best friends all through school. We dated through college and upon graduation, I told him that I would move anywhere with him, as long as it was West of the Mississippi. Of course, West of the Mississippi really only meant two places: Colorado or California. Nevertheless, our first city was Pittsburgh, Pennsylvania. In Pittsburgh, I learned not to judge a book by the cover. I moved there somewhat unwillingly, but I quickly embraced our quirky neighborhood. I really enjoyed being able to walk to work, restaurants and shops. I was shocked by the number of trees and trails and I am forever grateful to the great people we met while we were there. After Pittsburgh we moved to Sydney, Australia. In addition to learning a foreign language (G'day, mate), I learned a lot about being self sufficient, taking care of others and caring for the environment. I also learned about loss and heartache, as well as staying calm in dangerous situations. Boston was a challenging city to live in. I learned a lot about being an "outsider". As you may know, Boston is pretty infamous for being insular and difficult to break into the community. I learned that it's much nicer to be welcoming and friendly than cold and prickly. In addition, my professors challenged me to let go of traditional teaching methods and to embrace a progressive philosophy of education. As a teacher, it can be uncomfortable to "give up control" to the students. However, when adults get out of the way, students often show us just how incredibly capable they can be. Annapolis, a charming city on the Chesapeake Bay, taught me about history and the environment. The destruction of the famous oyster beds overtime led to a decimation of the Chesapeake Bay ecosystem. I worked to educate and advocate for oyster and Chesapeake Bay health. As a high school science teacher I was tested by my drive to create and perfect my own content and curriculum as well as conform to educational standards. In Chicago I learned the strength of the human body and spirit. I was challenged to discover my capacity to handle pain, stress, and sleep deprivation. I also learned that asking for support and help is key to success in difficult situations. New York tested what our family values. With Hurricane Sandy on course to destroy our community, I calmly evacuated knowing that absolutely everything that was important to me was in the car- our three healthy kids, my husband, two dogs, and an emergency kit. We left behind family photos, computers, videos, clothing,jewelry, art..."everything". Friends kept asking me "How could I just leave the house and everything behind?" Perhaps it was easier to leave all the physical "stuff" behind because a few years prior I had already done the hard work of tackling my own mortality and determining what is important to me. I found that material possessions could be replaced, but family could not. In 20101 was diagnosed with thyroid cancer. It was frightening at first, but we found the right doctors, support, and care. By 2011, 1 was, and still am, cancer free. Last, and certainly not least, brings us to Tiburon. Tiburon's physical beauty is obvious. Tiburon is truly the gem of Marin County, but what I think makes it truly special and unique are the people that live and work here. I have met amazing parents through the schools and sports teams. Through my advocacy work I have met many interesting people who truly care about our community and the people in it. I find advocacy work very rewarding, and I admit that there have been challenging times that have tested my resolve. 'Nevertheless, I find myself returning to advocate because I think it is important to stand up for what is right and to help those who don't have a voice. I have enjoyed working to affect positive change and 1 hope that I am able to help even more by joining Tiburon Town Council.