HomeMy WebLinkAboutTC Ord 2017-06-07 ORDINANCE NO. 573 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON REPEALING MUNICIPAL CODE TITLE IV, CHAPTER 14
(SUBDIVISION OF LAND) AND ADOPTING A NEW TITLE IV,
CHAPTER 14 (SUBDIVISION OF LAND)
OF THE TIBURON MUNICIPAL CODE
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. The Town of Tiburon adopted its existing subdivision regulations in 1993, codified as
Title IV, Chapter 14 of the Municipal Code.
B. The Town Council has determined that substantive changes to the State of California
Subdivision Map Act and other regulations pertinent to subdivision of land and related
procedures and entitlements have changed during the intervening years and that the
Town's subdivision regulations are in need of updating.
C. The Town Council held a public hearing on May 17, 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 adoption of this Ordinance is necessary for the
protection of the public health, safety, and welfare.
F. The Town Council has found that the adoption of this Ordinance would be 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 found to be a project under CEQA, it would have no potential to result in an
adverse impact on the environment and is exempt pursuant to Section 15063(b)(3).
Section 2. Title IV, Chapter 14 Repealed.
Title IV, Chapter 14 of the Tiburon Municipal Code (Subdivision of Land) is hereby repealed.
Section 3. Title IV, Chapter 14 Adopted.
Title IV, Chapter 14 (Subdivision of Land) is added to the Tiburon Municipal Code to read
as follows:
Town of Tibaron Ordinance No. 573 N.& Effective 07/07/2017 Page J
CHAPTER 14. SUBDIVISION OF LAND
Sections:
Article 1. General Provisions
14-1,101 Title
,1,x...1.102 Purpose
14-1.103 Applicability
14-1.1104 Exceptions
`14--IA05 Prohibitions
14-1.106 Certificate of Compliance
14-1.107 Reversion to Acreage
Article 2. Major Subdivisions
14-2,20,11 Applicability
14-2.202 Tentative Maps: Filing
*14-2,203 Tentative Maps: Form and Contents
14-2.204 Tentative h1laps: Accompanying Data and Reports
14-2.205 Vesting Tentative Maps
14-2.206 Tentative Maps: Director of Community Development Review and Referral
14-2.207 Tentative Maps: Review by Town Engineer
14-2,208 Tentative Maps: Planning Commission and/or Town Council Action
14-2.209 Tentative Maps: Expiration and Extensions
14-2.210 Tentative Maps: Corrections and Amendments
14-2.211 Tentative Maps: Appeals
14-2.212 Final Maps: Filing
14-2.213 Final Maps: Form and Contents
14-2.214 Final Maps: Accompanying Data and Reports
14--2.215 Final Maps: Multiple Filings
14-2.216 Final Maps: Certification and Approval by Town
14-2.217 Final Maps: Recordation
14-2,218 Final Maps: Corrections and Amendments
Article 3. Minor Subdivisions
114-3.3011 Applicability-, Tentative Map and Parcel Map Required
14-3.302 Parcel Maps: Filing
Town of Tiburon Ordinance No. 573 N. S. E
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14-3.303 Parcel Maps: Form and Contents
14-3,304 Parcel Ilklaps: Accompanying Data and Reports
'14-3,305 Parcel Daps: Director of Community Development Review and Referral
14-3.306 Parcel 1111 a ps: Review by Town Engineer
14.-3.307 Pa rue 1 leaps: Certification and Approval by Town
14-3.308 Pat-eel Maps: Town Council Action
14--3.309 Parcel hilaps: Acceptance of Dedications
14-3.310 Parcel Nlaps: Recordation
14.-3.311 Parcel Maps: Corrections and Amendments
14-3.312 Parcel Map Waiver Procedure
Article 4. Lot Line Adjustments
14-4.401 Purpose
14-4.402 Procedure
14-4.403 Findings
14-4.404 Appeals
144.405 Recordation
Article 5. Parcel Mergers
14-5.501 Purpose
14-5.502 Initiation by Town
14.-5.503 Initiation by Property Owner
14.-5.504 Unmerged Parcels
14-5,505 A p pe a 1 s
Article 6. Improvements and Dedications
14-6.601 Purpose
14-6.602 Improvernents ReqUire.d
14-6.603 Improvement Agreements
14-6.604 Completion and Accep"Cance of Improvements
14-6.605 Dedications
14-6.606 Acceptance of Dedications
14-6,607 Recordation of Dedicattions
14-6,608 Reservations
14-6.609 Design Standards
Town oj'Tiburoi? Ordinance No. 573 A. S. Effective 0710712017 Page 3
Article 7. Condominium Conversions
14-7.701 Condon,finiun-i and Other Projects
14-7.702 Conversions
Article 8. Covenant of Easement
14-8.801 General Provisions
14-8.802 Creation of Easement
14-8.803 Purposes of Easement
14-8.804 Common Ownership
14.8,805 Contents of Covenant
14-8.806 Acceptance by Town Council
148.807 Recordation
14-8.808 When Effective
14-8.809 Enforceability
14-8.810 Release of Covenant
14-8.81,11 Petition for Release
14-3.812 Fees
14-8.813 Hearing 1-m Town Council
14-8.814 Findings
14-8.815 Release to Be Recorded
Article 9. Notice of Violation
14-9.901 Tentative Notice of Violation
14-9.902 Response by Owner
14-9.903 Opportunity to Present Evidence
14-9.904 Action by Planning Commission
14-9.905 Appeal
14-9.906 Alternative Remedies
Town of Tiburon Ordinance No. 573 A.S. Effective 07,107,12017 Page 4
Article 1. General Provisions
14-1.101 Title.
This chapter shall be known and may be cited as the "Town of Tiburon Subdivision Ordinance" or the
"subdivision regulations."
14-1.102 Purpose.
The purpose of the subdivision regulations is to regulate the division of land within the Town of Tiburon.
These provisions implement and supplement the requirements of the Subdivision Map Act found in
California Government Code Title 7, Division 2 concerning the design and improvement of subdivisions
and regulating other divisions of land within the Town including the form and content of all maps and
the procedure to be followed in securing official approval.
The provisions of this chapter are intended to:
(a) Protect and promote the public health, safety, peace and general welfare;
(b) Promote orderly growth and development;
(c) Ensure that the design and improvement of subdivisions is consistent with and promotes the goals
and policies of the General Plan;
(d) Protect and enhance property values,
(e) Provide for adequate traffic circulation;
(f) Ensure the availability of adequate public facilities;
(g) Protect existing affordable housing; and
(h) Provide for rational development of, and access to, adjacent properties.
14-1.103 Applicability.
These subdivision regulations apply to all parts of subdivisions lying wholly or partially within the Town
of Tiburon and to the preparation of maps required by the Subdivision Map Act. In instances where
provisions of this chapter are in direct conflict with mandatory provisions of the Subdivision Map Act,
the latter shall control.
14-1.104 Exceptions.
These subdivision regulations shall not apply to:
Town ofTiburon Ordinance No. 573 N. S. L fictive 07/07/2017 Page 5
(a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings,
industrial buildings, commercial buildings, mobile home parks or trailer parks.
(b) Mineral, oil or gas leases.
(c) Land dedicated for cemetery purposes under the State Health and Safety Code.
(d) Any separate assessment under California Revenue and Taxation Code Section 2188.7 for
community apartment or cooperative housing projects.
(e) The conversion of a community apartment project or a stock cooperative to a condominium in
compliance with the requirements of Sections 66412(g) and (h) of the Subdivision Map Act.
(f) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or
industrial buildings on a single parcel, unless the project is not subject to review under other ordinances
regulating design and improvements.
(g) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
(h) The construction, financing or leasing of Accessory Dwelling Units or Junior Accessory Dwelling
Units subject to the provisions of Chapter 16 of the Municipal Code.
(i) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.
(j) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for
financing, erection, and sale or lease of a wind powered electrical generation device or solar electrical
generation device which is subject to discretionary action by the Town.
(k) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or
similar right on a portion of a parcel, to a telephone corporation, as defined in California Public Utilities
Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities,
including, but not limited to, antennas, transmission equipment, support structures, microwave dishes,
structures to house cellular communications transmission equipment, power sources, and other
equipment incidental to the transmission of cellular communications, if the project is subject to
discretionary action by the Town Manager, Town Engineer, Planning Commission or Town Council.
(1) Boundary line or exchange agreements to which the State Lands Commission or a local agency
holding a trust grant of tide and submerged lands is a party.
(m) Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.
Town of Tiburon Ordinance No. 573 N. S. Effective 07/07/2017 Page 6
14-1.105 Prohibitions.
(a) Except as otherwise provided in subsection (b) of this section:
(1) No person shall offer to sell or lease, contract to sell or lease, sell or lease, or finance
any parcel of real property, or commence the construction of any building for sale, lease, or
financing thereon except for model homes, or allow the occupancy thereof, for which a
tentative map and corresponding parcel map or final map is required by the provisions of
this chapter or the Subdivision Map Act until a corresponding final map, in full compliance
with the provisions of this chapter and the Subdivision Map Act, has been filed for record in
the office of the Marin County Recorder.
(2) The conveyance of any part of a division of real property for which a final or parcel
map is required by the provisions of this chapter or the Subdivision Map Act shall not be
made by parcel or block number, initial, or any other designation, unless and until such
map has been filed for record in the office of the Marin County Recorder.
(3) No permit for the construction of a building or the use of land shall be issued that does
not comply with the provisions of this chapter and the Subdivision Map Act.
(4) The provisions of this subsection shall not apply to any parcel of a subdivision offered
for sale or lease, contracted for sale or lease, or sold or leased in compliance with or
exempt from any law, including Town laws, regulating the design and improvement of
subdivisions in effect at the time the subdivision was established.
(5) Any deed of conveyance, sale, or contract to sell made contrary to the provisions of
this chapter, in addition to being a misdemeanor, shall be voidable to the extent and in the
same manner provided in the Subdivision Map Act.
(b) Persons may offer to sell or contract to sell a parcel split prior to the approval thereof in
accordance with the provisions of this chapter only if the offer to sell or contract to sell provides in
writing that the transfer of the title and the close of the escrow, if any, are conditioned upon the
approval of the final or parcel map, in accordance with the provisions of this chapter, prior to the
consummation of the sale.
14-1.106 Certificate of Compliance.
(a) A person owning real property or a vendee of such person under a contract of sale may request a
certificate of compliance from the Director of Community Development indicating whether the real
property complies with the provisions of the Subdivision Map Act and this chapter. A written application
for a certificate of compliance shall be accompanied by a current preliminary title report showing the
Town of Tiburon Ordinance AV 573 N. S. Effecline 07'07 2017 Page 7
legal owner of the property, chain of title, and any other such information as reasonably required in the
discretion of the Director.
(b) If the Director of Community Development determines that the real property complies with the
provisions of the Subdivision Map Act and this chapter, the Director shall file a certificate of compliance
for recording with the Marin County Recorder. The certificate of compliance shall identify the real
property and shall state that the division thereof complies with the provisions of the Subdivision Map
Act and this chapter.
(c) If the Director of Community Development determines that the real property does not comply with
the provisions of the Subdivision Map Act or this chapter, the Director may, as a condition to granting a
certificate of compliance, impose conditions in accordance with Section 66499.35(b) of the Subdivision
Map Act. Upon the Director of Community Development's making such a determination and
establishing such conditions, the Director shall file a conditional certificate of compliance for record with
the Marin County Recorder. The certificate shall serve as notice to the property owner and any
successor that the fulfillment and implementation of such conditions shall be required before
subsequent issuance of a permit or other grant of approval for development of the property.
Compliance with such conditions is not required until the Town issues a permit or other grant of
approval for development of the property.
(d) The Director's decision on issuance of a certificate of compliance may be appealed to the Town
Council in accordance with the appeal procedures in Article 6 of Chapter 16.
(e) A recorded final map or parcel map constitutes a certificate of compliance with respect to the
parcels of real property described on the map.
(f) The applicant for a certificate of compliance shall pay the Town a fee to cover the reasonable cost
of processing the application as set forth in the applicable Town fee schedule(s).
(g) The Town of Tiburon has required the filing of maps for subdivisions since its incorporation on
June 23, 1964. Prior to the incorporation of Tiburon, the County of Marin did not require the filing of
maps for the division of property into three (3) or fewer lots. However, the County of Marin did require
the filing of maps for divisions of land into four (4) or more parcels beginning in 1932. The above
information is provided pursuant to Section 66412.6 of the Subdivision Map Act.
14-1.107 Reversion to Acreage.
Reversion to acreage shall be processed in accordance with the applicable provisions of the
Subdivision Map Act.
Town of Tiburon Ordinance No. 573 N.S. Effective 0710712017 Page 8
Article 2. Major Subdivisions
14-2.201 Applicability.
A tentative and final map shall be required for all subdivisions creating five (5) or more parcels, five (5)
or more condominiums as defined in California Civil Code Section 783, a community apartment project
containing five (5) or more parcels, for the conversion of a dwelling to a stock cooperative containing
five (5) or more dwelling units, or for an undivided interest project containing five (5) or more residential
dwelling units in which five (5) or more individuals own an undivided interest coupled with the right of
exclusive occupancy of any unit located thereon, except where any of the following apply:
(a) The land before division contains less than five (5) acres, each parcel created by the division
abuts upon a maintained public street or highway and no dedications or improvements are required by
the Town.
(b) Each parcel created by the division has a gross area of twenty (20) acres or more and has an
approved access to a maintained public street or highway.
(c) The land consists of a parcel or parcels of land having approved access to a public street or
highway, which comprises part of a tract of land zoned for industrial or commercial development, and
which has the approval of the Town as to street alignments and widths.
(d) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less
than a quarter of a quarter section.
(e) The land being subdivided is solely for the creation of an environmental subdivision pursuant to
Section 66418.2 of the Subdivision Map Act.
A parcel map pursuant to Article 3 shall be required for those subdivisions described in subsection (a),
(b), (c), (d), or(e) of this section or those creating four (4) or fewer parcels.
14-2.202 Tentative Maps: Filing.
Ten (10) paper sets of a tentative map, prepared as described in Section 14-2.203, and ten (10)
reduced size (11" by 17") paper sets, shall be filed with the Director of Community Development,
accompanied by an application form provided by the Director, data and reports as set forth in Section
14-2.204, filing fees as set forth in the applicable Fee Schedule(s) of the Town of Tiburon, and all items
listed on the Town's Tentative Map Application, or any successor thereto, which is available on the
Town of Tiburon's official website. If the subdivision lies partially within two (2) or more municipalities,
the tentative map shall be filed with each municipality and acted upon by each.
Town of Tiburon Ordinance No. 573 N. S. Effective 0710712017 Page 9
14-2.203 Tentative Maps: Form and Contents.
(a) General. A tentative map shall be based upon a field survey made in conformity with the Land
Surveyors Act, shall be prepared by or under the direction of a land surveyor registered in the State of
California or a civil engineer registered in the State of California who is authorized to perform land
surveying, shall be legibly drawn, shall include a description of the real property being subdivided and
the names, addresses, telephone numbers, and email addresses of the persons preparing and filing
the map, and shall conform to the requirements of this section and the Subdivision Map Act.
(b) Map Sheets. The size of each sheet shall be twenty-two inches (22") by thirty-four inches (34"). A
marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one
inch (1"). The scale of the map shall be large enough to show all details clearly and enough sheets
shall be used to accomplish this. The number of each sheet and the total number of sheets comprising
the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly
shown. The subdivision number shall be shown on each sheet. One (1) or more reduced sets of the
map sheets may also be required to be submitted, as specified by the Director of Community
Development.
(c) Scale, North Arrow, Basis of Bearings, and Elevation Datum. Each sheet shall include a scale,
north arrow, and basis of bearings based on previously recorded final maps, parcel maps, or records of
survey in the vicinity of the site. The basis of bearings shall be approved by the Town Engineer.
Elevation datum shall be NAVD 1988 unless specifically authorized in writing by the Town Engineer.
(d) Boundaries and Monuments. The exterior boundaries of the land included within the subdivision
shall be clearly indicated by distinctive symbols. The map shall show the definite location of the
subdivision, and its relation to surrounding surveys. Town boundaries that cross or join the subdivision
shall be clearly designated. The location of all existing and proposed monuments shall be shown based
on the required survey. The map shall include a sufficient legal description, including all bearings, tract
and lot identification, and distances, of the land as to define the boundaries of the area to be divided,
including and describing all monuments found or set. The engineer or surveyor shall set sufficient
durable monuments to conform to the standards described in California Business and Professions
Code Section 8771 so that another engineer or surveyor may readily retrace the survey.
(e) Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to
determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the
subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to
existing monuments used to establish the boundary. Bearing and distance of all straight lines, and arc
length, radius, total central angle and radial bearings of all curves shall be shown. Ditto marks shall not
be used in the dimensions and data shown on the map.
Town ofTiburon Ordinanee AV 573 N. S. Effective OT07,12017 Page 10
(f) Parcels. The location of each parcel shall be shown, including the exact layout, bearings,
dimensions and area of each parcel. New lot lines shall be shown as solid lines, and original lot lines
shall be dashed lines. Each parcel shall be numbered or otherwise designated. Each parcel must be
shown completely on one (1) sheet; if more than one (1) sheet is required to show a parcel, the first
sheet shall contain a small-scale, un-dimensioned map of the entire parcel. The location of any
remainder of the original parcel shall be shown, but if such remainder has a gross area of five (5) acres
or more, then it need not be shown as a matter of survey, but only by reference to the existing record
boundaries of such remainder. Minimum lot size and width shall be in conformance with the
requirements of Chapter 16 of the Municipal Code, and as set forth in Section 14-6.609(c).
(g) Streets. The locations, names, and widths of all existing adjacent highways, streets, and ways
and the width of all proposed highways, streets, and ways within the subdivision shall be shown. Each
proposed highway, street, and way shall be named or otherwise designated, and a cross-sectional
drawing of each shall be provided on the map.
(h) Easements. The widths and locations of all existing and proposed easements for drainage,
sewers, and public utilities shall be shown. Easements for roads or streets, paths, stormwater drainage,
sanitary sewers, or other public use as may be required, shall be dedicated to the public for acceptance
by the Town or other public agency, and the use shall be specified on the map.
(1) All easements of record shall be shown on the map, together with the name of the
grantee and sufficient recording data to identify the conveyance, such as the County
Recorder's serial number and date, or book and page of official records.
(2) Easements not disclosed by the records in the office of the County Recorder and
found by the surveyor or engineer to be existing shall be specifically designated on the
map, identifying the apparent dominant tenements for which the easement was created.
(3) The sidelines of all easements of record shall be shown by dashed lines on the final
map with the widths, lengths and bearings of record.
(4) The width and location of all proposed easements shall be approved by the Town
Engineer.
(i) Existing Drainage Courses. All existing drainage courses, creeks and waterways shall be identified
and shown.
(j) Existing Buildings and Improvements. The location of existing buildings and improvements and
their relationship to the existing and proposed lot lines shall be shown.
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(k) Adjoining Properties. All adjoining property shall be identified by subdivision number, or name
when not identified by official number, and by reference to the book and page number of the filed map
showing such subdivision. If no such subdivision is adjacent, the adjoining property shall be identified
by the name of the owner and by reference to the recorded deed by book and page number for the last
recorded owner of such adjacent property.
(1) Owners' Consent. The tentative map shall indicate the names, addresses, telephone numbers and
email addresses of all parties having any record title interest in the real property to be subdivided, and
shall include a certificate, signed and acknowledged by all such parties, consenting to the preparation
and recordation of the final map, except as provided in Section 66436 of the Subdivision Map Act.
14-2.204 Tentative Maps: Accompanying Data and Reports.
The tentative map shall be accompanied by the following data and reports as may be required by the
Director of Community Development or Town Engineer.
(a) Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative
map, along with two (2) copies of all deeds, easements, and "exception" documents listed on the title
report.
(b) Soils Report. Unless waived in writing by the Director of Community Development and Town
Engineer, the preparation of a preliminary soils report is required. If a preliminary soils report indicates
the presence of critically expansive soils, location of landslides, liquefaction or other soil problems
which, if not corrected, could lead to structural defects, the soils report accompanying the final map
shall contain an investigation of each lot within the subdivision. The Director or Town Engineer may
require additional information or reject the report if it is found to be incomplete, inaccurate or
unsatisfactory. The preliminary soils report may be waived if the Director or Town Engineer determines
that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary.
(c) Geotechnical Report. A geotechnical report that evaluates seismic hazards and recommends
appropriate mitigation measures, prepared in compliance with the requirements of the State Seismic
Hazard Mapping Act, shall be submitted with the tentative map. The report shall identify mitigation
measures that will be incorporated into the design of the subdivision to mitigate hazards from
liquefaction, landslides and other seismic hazards subject to approval by the Town Engineer and the
Director of Community Development. With respect to landslide mitigation, the geotechnical report will
address and provide mitigation consistent with the Town of Tiburon's currently adopted Landslide
Mitigation Policy. A professional independent review of the geotechnical report may be required by the
Town Engineer or Director at the applicant's expense, with the independent reviewer to be selected by
the Town.
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(d) Preliminary Drainage Plan. A preliminary drainage plan that shows areas for treatment and
storage of stormwater complying with the stormwater management requirements of Chapter 20A of the
Tiburon Municipal Code for the two (2) year storm. Provide calculations for determining these areas.
Said plan shall also show areas for storage and detention of stormwater to needed to provide sufficient
capacity to allow the storm drain system to convey the one-hundred (100) year storm. At the tentative
map stage these areas need not be based on complete hydrology and hydraulic calculations.
(e) Environmental Site Assessment. The Director of Community Development and/or Town Engineer
may require the preparation of a Phase I environmental site assessment to determine the probable
existence of any hazardous waste on the property, including contamination of soil, groundwater, or
surface water. Such report shall be based on reasonably available knowledge of the property,
including, but not limited to, historical use of the property, prior releases, visual and other surveys,
records, consultant reports, and regulatory agency correspondence. The exact form and content of the
report shall be as specified by the Director or Town Engineer. If the report concludes that hazardous
waste may exist on the property, further evaluation and/or remediation may be required as a condition
of approval of the tentative map.
(f) Environmental Review Information. Where applicable, the subdivider shall provide additional data
and information and pay such fees as may be required for the preparation and processing of
environmental documents pursuant to the California Environmental Quality Act.
(g) A Land Capacity Report(LCR) shall be required with all applications for major subdivision for
which a precise development plan is not required pursuant to Chapter 16.
(1) Submittal. An LCR shall be submitted before or in conjunction with the tentative map
application for subdivision.
(2) Contents. An LCR shall contain the following:
a. A slope map depicting existing conditions and which shows, by shading or
other clear means, areas of slope less than twenty percent, areas of slope twenty
percent to thirty percent, areas of slope thirty percent to forty percent, and areas of
slope in excess of forty percent. The acreage of each slope category shall be
estimated.
b. A resource conservation analysis consisting of text and maps describing the
land features and environmental resources including an identification and analysis of
the following:
(i) Flood plains and areas where ponding may occur;
(ii) Geologic and soils conditions;
(iii) Hydrology;
(iv) Existing trees and areas of riparian vegetation;
(v) Scenic areas;
Town of Tiburon Ordinance No. 573 N. S. Effective 0710712017 Page 13
(vi) Rare or endangered plant and animal species and habitat areas;
(vii) Rock outcroppings;
(viii) Existing roads, trails and pathways;
(ix) Primary wildlife habitats and resources, including movement corridors;
(x) Cultural resources such as archaeological, historical and paleontological;
(xi) Knolls, ridges and other promontories where long-range views are seen;
(xii) Other noteworthy or unusual site characteristics.
(3) Waiver. An LCR may be waived by the Director of Community Development where a
finding is made that the report would serve no useful purpose.
(4) Notice. A determination by the Director to waive the requirement, or a refusal to do so
after a waiver is requested by the applicant, shall be reported in writing to the applicant
and to the Planning Commission within ten days of such decision.
(5) Planning Commission action. The Planning Commission shall, at its next regular
meeting following receipt of such decision, affirm or reverse the Director's decision.
The decision of the Planning Commission shall be final.
(h) Other Reports. Any other data or reports deemed necessary by the Director of Community
Development and/or the Town Engineer shall be submitted with the tentative map.
14-2.205 Vesting Tentative Maps.
(a) Applicability.
(1) Whenever a provision of the Subdivision Map Act, as implemented and supplemented
by these subdivision regulations, requires the filing of a tentative map, a vesting tentative
map may instead be filed, in accordance with the provisions of this section.
(2) If a subdivider does not seek the rights conferred by a vesting tentative map, the filing
of a vesting tentative map shall not be a prerequisite to any approval for any proposed
subdivision, permit for construction, or work preparatory to construction.
(3) No land shall be subdivided and developed pursuant to a vesting tentative map for
any purpose that is inconsistent with the General Plan and any applicable specific plan, or
not permitted by this title or other applicable provisions of the Municipal Code.
(b) Procedures.
(1) Filing and Processing. A vesting tentative map shall be filed in the same form and
have the same contents, accompanying data and reports and shall be processed in the
Torun of Tiburon Ordinance No. 573 N. S. Effective 0 71,0 712017 Page 14
same manner as set forth in this article for a tentative map, except as follows:
a. At the time a vesting tentative map is filed, it shall have printed conspicuously on
its face the words "Vesting Tentative Map."
b. In addition to the submittal requirements set forth in Sections 14-2.202 through
14-2.204 inclusive, a vesting tentative map shall be accompanied by the following
plans and calculations when deemed necessary by the Director of Community
Development:
i. Structural plans for any buildings or structures proposed to be constructed
on the subdivided property in compliance with the building regulations in
Chapter 13.
ii. Energy calculations for any buildings proposed to be constructed on the
subdivided property in compliance with the building regulations in Chapter 13.
c. A subdivider shall obtain all discretionary approvals that will be required under
this title in conjunction with the approval or conditional approval of the vesting
tentative map in order to construct the development including, but not limited to,
general plan amendments, rezoning or zoning text amendments, conditional use
permits, variances, and site plan and architectural review approvals. An application
for a vesting tentative map shall be determined to be incomplete if other required
discretionary permit applications have not been submitted at the same time.
d. Upon filing a vesting tentative map, the subdivider shall pay the fees required by
the Town for the filing and processing of a tentative map as set forth in the applicable
Town Fee Schedule(s).
(2) Applications Inconsistent with Zoning. If the Town determines that a vesting tentative
map is inconsistent with the zoning of the property, the Town may deny the vesting
tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining
the necessary zoning changes to eliminate the inconsistency. If the necessary zoning
changes are obtained, the approved or conditionally approved vesting tentative map shall
confer the vested right to proceed with the development in substantial compliance with the
zoning changes as approved.
(c) Vesting of Development Rights. The approval or conditional approval of a vesting tentative map
shall confer a vested right to proceed with development in substantial compliance with the ordinances,
Town of Tiburon Ordinance No. 573 N. S. Effective 07/07/2017 Page I
policies and standards in effect at the time that the application is determined to be complete by the
Town pursuant to California Government Code Section 66474.2 subject to the following:
(1) Any fees required for development under an approved vesting tentative map shall be
payable at the rates in effect at the time such fees are due.
(2) A subsequent permit, approval, extension, building permit, or entitlement may be
made conditional or denied pursuant to later ordinances, policies and standards if any of
the following are determined:
a. A failure to do so would place the residents of the subdivision or the immediate
community in a condition dangerous to their health or safety.
b. The condition or denial is required, in order to comply with State or Federal law.
(d) Expiration and Extension.
(1) The approval or conditional approval of a vesting tentative map shall expire at the end
of the same period, and shall be subject to the same extensions that this article establishes
for the expiration of the approval or conditional approval of a tentative map.
(2) Following the recording of a final map, the vested development rights shall last for the
following periods of time.-
a.
ime:a. An initial time period of one year beyond the recording of the final or parcel map.
Where several final maps are recorded on various phases of a project covered by a
single vesting tentative map, this initial time period shall begin for each phase when
the final map for that phase is recorded.
b. The initial time period set forth in subsection (d)(2)(a) of this section shall be
automatically extended by any time used for processing a complete application for
discretionary approvals for the proposed development, including, but not limited to,
General Plan amendments, zoning changes, conditional use permits, variances,
design review or grading permits if such processing exceeds thirty (30) days from the
date a complete application is filed.
(3) A subdivider may apply to the Planning Commission for a one (1) year extension at
any time before the initial time period set forth in subsection (d)(2)(a) of this section
expires. If the extension is denied, the subdivider may appeal that denial to the Town
Council pursuant to Article 6 of Chapter 16.
Town of Tiburon Ordinance No. 573 N. S. Effective 07/07/2017 Page 16
(4) If the subdivider submits a complete application for a building permit prior to the
expiration of the final or parcel map, the development rights shall continue until the
expiration of such building permit or the expiration of any extension of that permit.
14-2.206 Tentative Maps: Director of Community Development Review and Referral.
(a) Determination of Complete Application. The Director of Community Development shall determine
whether an application is complete within thirty (30) days after receipt of the application and shall notify
the applicant of the determination in writing. A tentative map application shall be accepted for filing only
when the Director of Community Development determines that:
(1) All maps and information required by these subdivision regulations and the
Subdivision Map Act have been submitted, checked and accepted as complete.
(2) All information required to conduct environmental review in compliance with the
California Environmental Quality Act has been submitted.
(3) The required fees and deposits as set forth in the applicable Town fee schedule(s)
have been paid.
(b) Referral. Within five (5) days of the Director's determination that a tentative map application is
complete, the Director shall forward copies of the application to the Town Engineer, other affected
Town departments, public agencies, utilities, and other interested parties. The affected public agencies
and utilities may, in turn, forward to the Director their findings and recommendations.
14-2.207 Tentative Maps: Review by Town Engineer.
The Town Engineer shall review the form and contents of the tentative map and accompanying data
and reports pursuant to the requirements of this chapter and any additional requirements established
by the Town Engineer, and shall convey his or her comments to the subdivider's engineer or surveyor.
The subdivider's engineer or surveyor shall make corrections and/or additions until the map is
acceptable to the Town Engineer.
14-2.208 Tentative Maps: Planning Commission and/or Town Council Action.
(a) Public Hearing. The Planning Commission and/or Town Council shall hold a public hearing on a
tentative map pursuant to Section 66451.3 of the Subdivision Map Act and the review authorities set
forth in Article 6 of Chapter 16. The Director of Community Development shall prepare and distribute a
staff report pursuant to Section 66452.3 of the Subdivision Map Act, including distribution of the staff
report at least three (3) days prior to the hearing to the subdivider and, in the case of a proposed
conversion of residential real property to a condominium project, community apartment project, or stock
cooperative project, to each tenant of the subject property.
Town of Tiburon Ordinance No. 573 N. S. Effective 0710712017 Page 17
(b) Action Required. After conducting a public hearing, the Planning Commission or Town Council,
pursuant to their respective authorities, shall approve, conditionally approve, or deny a tentative map
within fifty (50) days after certification of an environmental impact report, adoption of a negative
declaration or determination that the project is exempt from the requirements of the California
Environmental Quality Act.
(c) Findings. A tentative map may be approved or conditionally approved only if all of the following
findings are made:
(1) Consistency. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan, any applicable specific plan, precise
development Plan or area plan, these subdivision regulations, and other applicable
provisions of the Tiburon Municipal Code.
(2) Lot Width, Area, and Design. The proposed lots are of such width, area, and design
as the review authority finds to be necessary to preserve the purpose and intent of this
chapter and other applicable provisions of the Tiburon Municipal Code.
(3) Passive or Natural Heating and Cooling. The design of the subdivision will provide, to
the extent feasible, for future passive or natural heating and cooling features in accordance
with Section 66473.1 of the Subdivision Map Act.
(4) Availability of Water. Water will be available and sufficient to serve a proposed
subdivision in accordance with Section 66473.7 of the Subdivision Map Act.
(5) Site Suitability. The site is physically suitable for the type and density of development
proposed.
(6) Fish and Wildlife. The design of the subdivision and the proposed improvements are
not likely to cause substantial environmental damage or to substantially and avoidably
injure fish or wildlife or their habitat.
(7) Public Health. The design of the subdivision and the type of improvements are not
likely to cause serious public health problems.
(8) Easements. The design of the subdivision and the type of improvements will not
conflict with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. The review authority may approve a map if it
finds that alternate easements for access or for use will be provided, and that these will be
Town of Tiburon Ordinance,,Vo. 573 N. S. Effective 0710712017 Poge 18
substantially equivalent to easements previously acquired by the public. This shall apply
only to easements of record or to easements established by judgment of a court of
competent jurisdiction and no authority is granted to the review authority to determine that
the public at large has acquired easements for access through or use of property within the
proposed subdivision.
(9) Sewers. The waste discharge into the public sewer system from the proposed
subdivision would not add to, or result in, violations of requirements of the Regional Water
Quality Control Board, any applicable National Pollutant Discharge Elimination System
(NPDES) permit, or other restrictions of the sanitary sewer collection system imposed by
the applicable sanitary district.
(d) Exceptions. Exceptions to the standards set forth in this chapter may be approved if all of the
following findings are made:
(1) That the strict application of any such standard would result in practical difficulties or
unnecessary hardships inconsistent with the general purpose and intent of this chapter.
(2) That there are exceptional circumstances or conditions applicable to the property
being subdivided or to its intended use or development.
(3) That the granting of the exception will not be materially detrimental to the public
welfare nor injurious to the property being subdivided or to improvements in the immediate
vicinity.
(e) Conditions of Approval. Conditions necessary to make the findings required by this section or to
meet the requirement of these planning regulations or the Subdivision Map Act may be imposed on the
approval of a tentative map, including, but not limited to, the following:
(1) Recommendations of Public Agencies and Utilities. Conditions related to any
recommendations of affected public agencies and utilities submitted pursuant to Section
14-2.206(b) may be imposed on the tentative map.
(2) Joint Use. A condition may be imposed, when applicable, requiring agreements for
the joint use of portions of private streets and driveways, including areas to be landscaped
and jointly maintained.
(3) Indemnification. Whether or not such a condition is explicitly listed as a condition of
approval, every approved tentative map shall be deemed to include a condition requiring
Town of Tiburon Ordinance No. 573 A. S. Effective 07/07/2017 Page 19
the subdivider to defend, indemnify and hold harmless the Town and its agents, officers
and employees from any claim, action or proceeding against the Town or its agents,
officers or employees to attach, set aside, void or annul an approval of the Planning
Commission or Town Council concerning a subdivision. The Town shall promptly notify the
subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
(4) Multiple Final Maps. If the subdivider has provided written notice of the intention to file
multiple final maps on the tentative map pursuant to Section 14-6.215, reasonable
conditions may be imposed relating to the filing of multiple final maps.
(5) Residential Condominiums. Residential condominiums, in the discretion of the
Director of Community Development, may be conditioned to require recordation of
covenants, conditions, and restrictions that include the current basic eligibility requirements
of the Federal Housing Administration (FHA) for condominium project approval, including,
but not limited to, requirements for owner occupancy and limitations on investor ownership
and commercial space.
(f) Approval by Failure to Act. If no action is taken by the Planning Commission or Town Council
within the time limit specified in subsection (b) of this section, and all other applicable Town and State
requirements have been met, including but not limited to compliance with the Subdivision Map Act,
these subdivision regulations, other applicable Town regulations, the General Plan and the California
Environmental Quality Act, the tentative map application shall be deemed to be approved by the
Planning Commission or Town Council. It shall be the duty of the Town Clerk to certify the approval. If
applicable, the appeal period to the Town Council pursuant to Article 6 of Chapter 16 shall begin on the
date of such certification.
14-2.209 Tentative Maps: Expiration and Extensions.
(a) Expiration. Except as otherwise provided by Section 66452.6 of the Subdivision Map Act, a
tentative map shall expire three (3) years after the date of its approval by the Planning Commission or
Town Council, unless an application for a parcel map or final map is filed pursuant to the requirements
of this chapter within that period. However, the expiration date shall be extended in accordance with
Section 66452.6(x) of the Subdivision Map Act if the filing of multiple final maps is authorized pursuant
to Section 14-2.215, and if the subdivider is required to provide off-site improvements in the amounts
specified in Section 66452.6(x) of the Subdivision Map Act.
(b) Extensions.
(1) Request by Subdivider. The subdivider may request an extension of the expiration
Town ofTiburon Ordinance No. 573 N. S Effective 07/07/2017 Page 20
date of the approved or conditionally approved tentative map by written application to the
Director of Community Development prior to expiration of the map. If such a request is
filed, the map shall automatically be extended for sixty (60) days or until the application for
the extension is approved, conditionally approved, or denied, whichever occurs first.
(2) Public Hearing. The Director of Community Development shall prepare and distribute
a staff report and the Planning Commission and/or Town Council, pursuant to their
respective authorities, shall hold a public hearing on the requested extension.
(3) Planning Commission or Town Council Action. The Planning Commission or Town
Council may approve the extension request only if it makes all of the following findings:
a. That the subdivider has clearly documented that it has made a good faith effort to
complete the subdivision process.
b. That it is in the best interest of the Town of Tiburon to extend the tentative map.
c. That there are no substantial changes to the project, no substantial changes to
the circumstances under which the project is undertaken, and no new information of
substantial importance that would require any further environmental review pursuant
to the California Environmental Quality Act.
(4) Time Limit of Extension. Time extensions approved by the Planning Commission or
Town Council may be for a period of up to three (3) years. In no case shall the expiration of
the tentative map extend more than six (6) years from the date of its approval by the
Planning Commission or Town Council, except as otherwise provided by the Subdivision
Map Act. After that time, a new tentative map application shall be required.
14-2.210 Tentative Maps: Corrections and Amendments.
(a) Minor Changes. Minor changes in an approved tentative map may be approved by the Director of
Community Development and Town Engineer upon application by the subdivider or on the Town's
initiative; provided, that:
(1) No lots, units or building sites or structures are added.
(2) Changes are consistent with the intent of the original tentative map approval.
(3) There are no resulting violations of the Municipal Code.
(b) Substantive Changes. Amendments of the tentative map that in the opinion of the Director of
Toum of Tibinron Ordinance No. 573 N. S. Effective 07/07/2017 Page 2J
Community Development or Town Engineer are not minor shall be referred to the Planning
Commission and/or Town Council, pursuant to their respective authorities as set forth in Article 6 of
Chapter 16, for a decision subject to the procedures for processing a tentative map as set forth in this
article.
(c) Expiration Date. Any approved amendment shall not alter the expiration date of the tentative map.
14-2.211 Tentative Maps: Appeals.
The Planning Commission's decisions on tentative maps for minor subdivision, including extensions
and amendments, may be appealed de novo to the Town Council using procedures set forth in Article 6
of Chapter 16 and pursuant to Section 66452.5 of the Subdivision Map Act.
14-2.212 Final Maps: Filing.
Fifteen (15) paper"check print" copies of a final map conforming to the approved or conditionally
approved tentative map, prepared as described in Section 14-2.213 and accompanied by data and
reports as set forth in Section 14-2.214, shall be filed with the Director of Community Development for
review in association with a Final Map or Parcel Map Application form provided by the Director. The
subdivider's engineer, surveyor, or other professional shall make any corrections and/or additions to
application materials as required by the Town Engineer and/or Director of Community Development
until the final map application meets the requirements of the approved or conditionally approved
tentative map and related Town requirements and is deemed complete and accepted for filing. If the
subdivision lies partially within two (2) or more cities, the map shall be filed with each Town and acted
upon by each as provided in Section 66457(b) of the Subdivision Map Act.
14-2.213 Final Maps: Form and Contents.
The form and content of a final map shall conform to the requirements of this section and Section
66443 of the Subdivision Map Act, and shall be the same as that of a tentative map, as set forth in
Section 14-2.203, except as follows:
(a) Permanence. A final map shall be legibly drawn, printed, or reproduced by a process
guaranteeing a permanent record in black on polyester base film. Certificates, affidavits, and
acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on
polyester base film, the ink surface shall be coated with a suitable substance to assure permanent
legibility.
(b) Monuments. At least one (1) exterior boundary line shall be marked with a standard Town
monument prior to recording the final map. Other monuments shall be set as required by the Town
Engineer at or on approved offsets from the following locations:
Tolvn of Tiburon Ordinance No. 573 N. S. l fJective 07107/2017 Page 22
(1) The intersection of street centerlines;
(2) Beginning and end of curves or intersection of tangents on centerlines; and
(3) Other locations as required by the Town Engineer.
(c) Abandonment of Streets and Easements. The filing of the final map shall constitute abandonment
of all public streets and public easements not shown on the map; provided that written notation for each
abandonment is listed by reference to the recording data or other official record creating these public
streets or public easements and certified on the map by the Town Manager. Before a public easement
vested in another public entity may be abandoned pursuant to this section, that public entity shall
receive notice of the proposed abandonment. No public easement vested in another public entity shall
be abandoned pursuant to this section if that public entity objects to the proposed abandonment.
(d) Engineer's/Surveyor's Statement. The final map shall contain a statement by the engineer or
surveyor responsible for the preparation of the map that states that all monuments are of the character
and occupy the positions indicated, or that they will be set in those positions on or before a specified
date, and that the monuments are, or will be, sufficient to enable the survey upon which the final map is
based to be retraced.
(e) Town Engineer's Statement. The final map shall include a statement to be signed by the Town
Engineer confirming that he or she has examined it and found it to be technically correct, consistent
with the approved tentative map, and in compliance with these subdivision regulations and the
Subdivision Map Act.
(f) Director of Community Development's Statement. The final map shall include a statement to be
signed by the Director of Community Development confirming that he or she has examined it and found
it to be in compliance with the tentative map as approved by the Planning Commission or Town
Council, indicating the date of such approval, and indicating that the map is in compliance with the
Tiburon General Plan and all other planning requirements.
(g) Additional Information. The Town may require additional information to be recorded
simultaneously with the final map. Whenever additional information is made by a separate document,
there shall appear on the final map a reference to the separately recorded document. This reference
shall be completed by the Marin County Recorder according to Section 66468.1 of the Subdivision Map
Act. Additional information may include the following:
(1) Covenants, conditions and restrictions (CC&Rs).
Toi-vn of Tiburon Ordinance No. 573 N. S. Effective 07/07/2017 Page 23
(2) Regulatory agreements.
(3) Property maintenance agreements.
(4) Other documents or agreements required by the Planning Commission or Town Council as
conditions of approval on the tentative map.
(5) Additional survey and map information including, but not limited to, information related to
any associated precise development plan or other zoning permit requirements or conditions. The
additional information shall be in the form of an additional "public information" map sheet or
sheets, labeled as such, which shall indicate the relationship of the information to the final map,
and shall contain a statement that the additional information is for public information purposes,
describes conditions as of the date of the recording, and is not intended to affect record title
interest. The additional map sheet or sheets may also contain a notation that the additional
information is derived from public records, or reports, and does not imply the correctness or
sufficiency of those records or reports by the preparer of the document or additional map sheet.
14-2.214 Final Maps: Accompanying Data and Reports.
The final map shall be accompanied by the following data or reports as may be required by the Director
of Community Development or Town Engineer:
(a) Title Report. A current title report, showing the legal owners at the time of filing the final map, shall
be submitted with the final map, accompanied by copies of all deeds and easement descriptions
referenced in the report.
(b) Guarantee of Title. A guarantee of title, in a form acceptable to the Town Engineer and Town
Attorney, shall be issued by a competent title company to and for the benefit and protection of the
Town and shall continue up to the instant of recording of the final map, guaranteeing that the names of
all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public
easements being offered for dedication, and all acknowledgments thereto, appear on the proper
certificates and are correctly shown on the map, both as to consents to the making thereof and
affidavits of dedication where necessary.
(c) Deeds and Maps. The final map shall be accompanied by copies of deeds for all adjoining
property, and copies of all maps referenced in the title report.
(d) Easements. The final map shall be accompanied by written evidence of rights of entry or
permanent easements across private property outside of the subdivision that permit or grant access to
Town of Tiburon Ordinance No. 573 N. S. Effective 07'07,2017 Page 24
perform necessary construction work or permit the maintenance of any sewer, water, electric and/or
other facility.
(e) Improvement Plans and Agreement. Improvement plans and an improvement agreement as
required by Article 6 of this chapter shall accompany the final map.
(f) Soils Report. If the Director of Community Development or Town Engineer required a preliminary
soils report with the filing of the tentative map, and if the preliminary soils report indicated the presence
of critically expansive soils, slides, slide plains or other soil problems which, if not corrected, could lead
to structural defects, or site problems, the soils report accompanying the final map shall contain an
investigation of each lot within the subdivision. The Director or Town Engineer may require additional
information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.
(g) Traverse Closures. Traverse closure calculations for the subdivision boundary, lot blocks, all lots
and parcels (including remainder parcels), road rights-of-way, and proposed non-parallel easements
(including private easements), shall be submitted with the final map.
(h) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm
drains shall be submitted with the final map unless waived in writing by the Town Engineer. These
calculations shall include, at a minimum, analyses for the two (2) year and one hundred (100) year
storm events sufficient to demonstrate the adequacy of existing and/or proposed drainage facilities.
Stormwater runoff from the subdivision shall be treated on-site in accordance with the stormwater
management requirements of chapter 20A of the Tiburon Municipal Code, and shall be collected and
conveyed by an approved storm drain system designed in accordance with Article 6 of this chapter.
(i) Covenants, Conditions and Restrictions. If required by the Town, the submittal of the final map for
a common interest development within the meaning of California Civil Code Section 4000 et seq. shall
include the proposed declaration of covenants, conditions and restrictions, containing the provisions
described in currently applicable provisions of the California Civil Code, and all other governing
documents for the subdivision. The submittal of the final map for all subdivisions other than a common
interest development shall include any proposed declaration of covenants, conditions and restrictions,
including provisions assigning maintenance responsibility for privately-maintained improvements. All
documents shall be subject to review and approval by the Director of Community Development, Town
Engineer, and Town Attorney.
(j) Electronic Copy. In addition to paper copies as required, the final map shall also be submitted in
an approved electronic format as required by the Director of Community Development and Town
Engineer.
Town of Tiburon Ordinance No. 573 N.S. Ef. Pcinve 07/07/2017 Page 25
(k) Other Reports. Any other data or reports deemed necessary by the Director of Community
Development and/or the Town Engineer shall be submitted with the final map.
14-2.215 Final Maps: Multiple Filings.
(a) Notice of Intention to File Multiple Final Maps. Multiple final maps relating to an approved or
conditionally approved tentative map may be filed prior to the expiration of the tentative map if the
subdivider, at the time the tentative map is filed, informs the Director of Community Development in
writing of the subdivider's intention to file multiple final reaps on the tentative map, or after the filing of
the tentative map the subdivider and Director of Community Development concur in the filing of multiple
final maps. In providing the notice, the subdivider shall not be required to define the number or
configuration of the proposed multiple maps.
(b) Filing of Multiple Final Maps. The filing of a final map on a portion of an approved or conditionally
approved tentative map shall not invalidate any part of the tentative map. Each final map that
constitutes a part of the approved or conditionally approved tentative map shall have a separate
subdivision number, and shall be subject to any reasonable conditions imposed pursuant to Section 14-
2.208(e)(4). The public improvement agreement executed by the subdivider shall provide for the
construction of improvements as required to constitute a logical and orderly development of the whole
subdivision.
14-2.216 Final Maps: Certification and Approval by Town.
(a) Review by Town Engineer and Director of Community Development. Following the acceptance for
filing of the final map by the Director, the subdivider's engineer or surveyor shall submit the polyester
base film original of the final map, signed by all parties required to execute the statements on the map
as of that date, to the Director of Community Development.
(b) Certification by Town Engineer and Director of Community Development. When the Town
Engineer and Director of Community Development are satisfied that the final map meets the
requirements of this chapter, they shall certify the map by signing the their respective statements
contained on the final map.
(c) Approval by Town Council. Ministerial approval of a final map shall occur at a public meeting of
the Town Council.
(d) Acceptance of Dedications by Town Council. If any dedications are required pursuant to Article 6
of this chapter, the Town Council shall by resolution, accept, accept subject to improvement, or reject
any offer of dedication prior to recordation of the final map. The Town Clerk shall certify the acceptance
Toren of Tiburon Ordinance No. 573 N. S. Effective 07,107/2017 Page 26
or rejection by signing a statement to this effect on the final map. Any certificate for dedications
prepared pursuant to Section 14-6.607 shall be included on the map.
14-2.217 Final Maps: Recordation.
Except as provided in Section 66493 of the Subdivision Map Act, upon approval of the final map by the
Town Council and certification by the Town Clerk, the map shall be submitted to the Marin County
Recorder by the Town or by a title company or other authorized agent that the Town has designated for
transmittal to the County Recorder. If any part of the subdivision is subject to a lien for taxes or special
assessments collected as taxes which are not yet payable, the final map shall be processed in
accordance with Section 66493 of the Subdivision Map Act. If the subdivider dedicates property to the
Town, a certificate concerning the dedication as provided in Section 14-6.607 shall also be prepared
and appear on the face of the final map. A copy of the recorded map shall be provided to the Director
by the subdivider upon recordation.
14-2.218 Final Maps: Corrections and Amendments.
(a) General. After a final map is recorded by the Marin County Recorder, it may be amended by a
certificate of correction or amending map. Corrections of errors and omissions may be approved by the
Town Engineer pursuant to subsection (b) of this section. Modifications to a final map due to changes
that make any or all of the conditions of the map no longer appropriate or necessary require approval of
the Town Council pursuant to subsection (c) of this section. The amending map or certificate of
correction shall be prepared by or under the direction of a land surveyor registered in the State of
California or a civil engineer registered in the State of California who is authorized to perform land
surveying. The form and contents of an amending map shall conform to the requirements for the form
and contents of a final map as set forth in Section 14-2.213. An amending map shall set forth in detail
the corrections made and show the names of the owners of the property affected by the correction or
omission as of the date of the filing or recording of the original recorded map.
(b) Corrections.
(1) Purposes. The Town Engineer may approve a certificate of correction or amending map for
any of the following purposes:
a. To correct an error in any course or distance shown on the map.
b. To show any course or distance that was omitted from the map.
c. To correct an error in the description of the real property shown on the map.
Town of Tiburon Ordinance No. 573 N. X Effective 07/0712017 Page 27
d. To indicate monuments set after the death, disability, retirement from practice, or
replacement of the engineer or surveyor charged with responsibilities for setting
monuments.
e. To show the proper location of any monument that has been changed in location or
character, or that was originally shown at the wrong location or incorrectly as to its
character.
f. To correct any additional information filed or recorded pursuant to Section 66434.2 of
the Subdivision Map Act if the correction does not impose any additional burden on the
present owners of the property and does not alter any right, title, or interest in the real
property reflected on the recorded map.
g. To correct any other type of map error or omission as approved by the Town Engineer
that does not affect any property right, including, but not limited to, lot numbers, acreage,
street names, and identification of adjacent record maps.
As used in this subsection, "error" does not include changes in courses or distances from which
an error is not ascertainable from the data shown on the final map.
(2) Review. The amending map or certificate of correction shall be submitted to the Town
Engineer for review and approval, accompanied by the required fee as set forth in the
appropriate Town fee schedule(s). The Town Engineer shall examine the amending map or
certificate of correction and, if the only changes are those set forth in subsection (b)(1) of this
section, the Town Engineer shall certify to this fact on the amending map or certificate of
correction.
(3) Certificate of Correction. The Town Engineer shall have twenty (20) working days to
examine the certificate of correction for compliance with this chapter, endorse a statement on it
of his or her examination and certification, and present it to the County Recorder for recordation.
If the Town Engineer determines that the certificate of correction fails to comply with this chapter,
the Town Engineer shall return the certificate to the applicant with a written statement of the
changes necessary. The Town Engineer shall have twenty (20) working days after resubmission
and approval of the amended certificate of correction to present it to the County Recorder for
recordation.
(c) Modifications. The Town Council must approve any modifications to a final map due to changes
that make any or all of the conditions of the map no longer appropriate or necessary. The Town Council
Tolfl?of Tiburon Ordinance No. 573 N.S. Effective 07/07/2017 Page 28
shall hold a public hearing pursuant to Section 14-2.208(x) on the proposed modifications. The Town
Council shall approve the modifications only if it makes all of the following findings..
(1) There are changes in circumstances that make any or all of the conditions of the map no
longer appropriate or necessary.
(2) The modifications do not impose any additional burden on the fee owners of the real
property.
(3) The modifications do not alter any right, title, or interest in the real property reflected on the
recorded map.
(4) A general finding that the map as modified continues to conform to the findings of Section
14-2.208(c) and Section 66474 of the Subdivision Map Act.
The Town Engineer shall certify the amending map or certificate of correction as approved by the Town
Council.
(d) Recordation. The amending map or certificate of correction certified by the Town Engineer shall
be filed in the office of the Marin County Recorder. After the County Recorder takes the actions
required by Section 66472 of the Subdivision Map Act, the original map shall be deemed to have been
conclusively so corrected and shall impart constructive notice of all the corrections in the same manner
as though set forth on the original map.
Article 3. Minor Subdivisions
14-3.301 Applicability; Tentative Map and Parcel Map Required.
A tentative map and a subsequent parcel map shall be required for all divisions of land into four(4) or
fewer parcels and for divisions of land into five (5) or more parcels in the situations described in Section
14-2.201(a), (b), (c), (d), or (e), including construction or conversion of a condominium project, unless
the Director of Community Development, with the concurrence of the Town Engineer, waives the
requirement for a parcel map pursuant to Section 14-3.312. A tentative map and parcel map shall not
be required for lot line adjustments that meet the requirements of Article 4 of this chapter or in certain
other situations as specified in the Subdivision Map Act. The tentative map application for divisions of
land into four (4) or fewer parcels and other applicable situations set forth in this section shall be
processed in accordance with provisions of Article 2, Sections 14-2.202 through 14-2.211 of this
chapter.
14-3.302 Parcel Maps: Filing.
Town ofTiburon Ordinance No. 573 N.S. Effective 07/07/2017 Page 29
The filing of a parcel map, in conformance with an approved or conditionally-approved tentative map
obtained pursuant to Article 2 of this chapter, shall be a condition of approval of any minor subdivision
except as otherwise provided herein. Fifteen (15) paper"check prints" of a parcel map and one
electronic copy, prepared as described in Section 14-3.303, shall be filed with the Director of
Community Development, accompanied by a Final Map or Parcel Map Application form provided by the
Director, data and reports as set forth in Section 14-3.304, and the fees as set forth in the applicable
Town fee schedule(s). If the subdivision lies partially within two (2) or more municipalities, the parcel
map shall be filed with each municipality and acted upon by each.
14-3.303 Parcel Maps: Form and Contents.
The form and content of a parcel map shall be the same as that of a final map, as set forth in Section
14-2.213. If the subdivider does not have a record title ownership interest in the property to be divided,
the subdivider shall provide the Town with satisfactory evidence that the persons with record title
ownership have consented to the proposed division. For purposes of this subsection, "record title
ownership" means fee title of record unless a leasehold interest is to be divided, in which case "record
title ownership" means ownership of record of the leasehold interest.
14-3.304 Parcel Maps: Accompanying Data and Reports.
The parcel map shall be accompanied by the same data and reports as may be required by the
Director of Community Development and Town Engineer for a final map pursuant to Section 14-2.214.
14-3.305 Parcel Maps: Director of Community Development Review and Referral.
(a) Determination of Complete Application. The Director of Community Development shall determine
whether an application is complete within thirty (30) days after receipt of the application and shall notify
the applicant of the determination in writing. A parcel map application shall be deemed complete and
accepted for filing only when the Director of Community Development and Town Engineer determine
that:
(1) All maps and information required by these subdivision regulations and the Subdivision
Map Act have been submitted, checked and accepted as complete.
(2) All conditions of approval from the tentative map, any applicable precise development plan
or other zoning permit approval, and all mitigation measures are satisfactorily addressed in the
reasonable discretion of the Director of Community Development and Town Engineer.
(3) The required fees and deposits as set forth in the applicable Town fee schedule(s) have
been paid.
Town of Tiburon Ordinance No. 573 N. S. Effective 07/07,12017 Page 30
(b) Referral. Upon receipt of a parcel map application, the Director shall forward the application to the
Town Engineer for review. At his or her discretion, the Director may also forward copies of the
application to other affected Town departments, public agencies, utilities and interested parties. The
affected public agencies and utilities may, in turn, forward to the Director their findings and
recommendations.
14-3.306 Parcel Maps: Review by Town Engineer.
The Town Engineer shall review the parcel map application and cause any changes to be made that
are legally required for approval, such that he or she may make the following findings..
(a) That all provisions of law and of this chapter applicable at the time of approval of the parcel map
have been complied with; and
(b) That the map is technically correct.
14-3.307 Parcel Maps: Certification and Approval by Town.
(a) Submittal of Original Map. Upon completion of review and satisfaction by the Town Engineer and
Director of Community Development, the subdivider's engineer or surveyor shall submit the signed
original of the parcel map to the Town Engineer and Director of Community Development for their
signatures and transmittal to the Town Council.
(b) Certification by Town Engineer and Director of Community Development. When the Town
Engineer and Director of Community Development are satisfied that the parcel map meets the
requirements of this chapter, they shall certify the map by signing the statements contained on the
parcel map.
14-3.308 Parcel Maps: Town Council Action.
(a) Action Required. The Town Council shall approve or disapprove a parcel map within fifty (50)
days after its acceptance for filing, unless a mutual extension of time has been agreed upon in writing.
(b) Approval by Inaction. If the Town Council does not approve or disapprove the map within the
prescribed time, or any authorized extension thereof, and the map conforms to all requirements and
rulings, it shall be deemed approved, and the Town Clerk shall certify or state its approval thereon.
14-3.309 Parcel Maps: Acceptance of Dedications.
If any dedications are required pursuant to Article 6 of this chapter, the Town Council shall by
resolution accept, accept subject to improvement, or reject any offer of dedication prior to recordation
of the parcel map. The Town Clerk shall certify the acceptance or rejection by signing a statement to
this effect on the parcel map.
Town of Tiburon Ordinance No. 573 N.S. Effective 07/07/2017 Page 31
14-3.310 Parcel Maps: Recordation.
Except as provided in Section 66493 of the Subdivision Map Act, upon certification of the parcel map
by the Town Engineer and Director of Community Development, acceptance or rejection of any
dedications by the Town Council, and certification of such by the Town Clerk, the map shall be
submitted to the Marin County Recorder by the Town or by a title company or other authorized agent
that the Town has designated for transmittal to the County Recorder. If any part of the subdivision is
subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the
parcel map shall be processed in accordance with Section 66493 of the Subdivision Map Act. If the
subdivider dedicates property to the Town, a certificate concerning the dedication as provided in
Section 14-6.607 shall be included on the face of the parcel map. A copy of the recorded map shall be
provided to the Director by the subdivider upon recordation.
14-3.311 Parcel Maps: Corrections and Amendments.
(a) General. After a parcel map is recorded by the Marin County Recorder, it may be amended by a
certificate of correction or amending map. Corrections of errors and omissions may be approved by the
Town Engineer pursuant to subsection (b) of this section. Modifications to a parcel map due to changes
that make any or all of the conditions of the map no longer appropriate or necessary require approval of
the Director of Community Development pursuant to subsection (c) of this section. The amending map
or certificate of correction shall be prepared by or under the direction of a land surveyor registered in
the State of California or a civil engineer registered in the State of California who is authorized to
perform land surveying. The form and contents of an amending map shall conform to the requirements
for the form and contents of a parcel map as set forth in Section 14-3.303. An amending map shall set
forth in detail the corrections made and show the names of the owners of the property affected by the
correction or omission as of the date of the filing or recording of the original recorded map.
(b) Corrections.
(1) Purposes. The Town Engineer may approve a certificate of correction or amending map for
any of the following purposes:
a. To correct an error in any course or distance shown on the map.
b. To show any course or distance that was omitted from the map.
c. To correct an error in the description of the real property shown on the map.
d. To indicate monuments set after the death, disability, retirement from practice, or
replacement of the engineer or surveyor charged with responsibilities for setting
monuments.
Toren of Tiburon Ordinance No. 573 N. S. Effective 07/07/2017 Page 32
e. To show the proper location of any monument that has been changed in location or
character, or that was originally shown at the wrong location or incorrectly as to its
character.
f. To correct any additional information filed or recorded pursuant to Section 66434.2 of
the Subdivision Map Act if the correction does not impose any additional burden on the
present owners of the property and does not alter any right, title, or interest in the real
property reflected on the recorded map.
g. To correct any other type of map error or omission as approved by the Town Engineer
that does not affect any property right, including, but not limited to, lot numbers, acreage,
street names, and identification of adjacent record maps.
As used in this subsection, "error" does not include changes in courses or distances from which
an error is not ascertainable from the data shown on the parcel map.
(2) Review. The amending map or certificate of correction shall be submitted to the Town
Engineer for review and approval, accompanied by the required fee as set forth in the applicable
Town fee schedule(s). The Town Engineer shall examine the amending map or certificate of
correction and, if the only changes are those set forth in subsection (b)(1) of this section, the
Town Engineer shall certify to this fact on the amending map or certificate of correction.
(3) Certificate of Correction. The Town Engineer shall have twenty (20) working days to
examine the certificate of correction for compliance with this chapter, endorse a statement on it
of his or her examination and certification, and present it to the County Recorder for recordation.
If the Town Engineer determines that the certificate of correction fails to comply with this chapter,
the Town Engineer shall return the certificate to the applicant with a written statement of the
changes necessary. The Town Engineer shall have twenty (20) working days after resubmission
and approval of the amended certificate of correction to present it to the County Recorder for
recordation.
(c) Modifications. The Planning Commission, after having held a public hearing, may approve any
modifications to a parcel map due to changes that make any or all of the conditions of the map no
longer appropriate or necessary, provided that all of the following findings are made:
(1) There are changes in circumstances that make any or all of the conditions of the map no
longer appropriate or necessary.
Town of Tiburon Ordinance No. 573A'. S. Effective 07/07/2017 Page 33
(2) The modifications do not impose any additional burden on the fee owners of the real
property.
(3) The modifications do not alter any right, title, or interest in the real property reflected on the
recorded map.
(4) A general finding that the map as modified continues to conform to the findings of Section
14-2.208(c) and Section 66464 of the Subdivision Map Act.
(d) Appeal. The decision of the Planning Commission is appealable de novo to the Town Council
using procedures set forth in Article 6 of Chapter 16 and pursuant to Section 66452.5 of the
Subdivision Map Act.
(e) Certification and Recordation. The Town Engineer shall certify the amending map or certificate of
correction as approved by the Planning Commission or by the Town Council on appeal. The amending
map or certificate of correction certified by the Town Engineer shall be filed by the Town in the office of
the Marin County Recorder. After the County Recorder takes the actions required by Section 66472 of
the Subdivision Map Act, the original map shall be deemed to have been conclusively so corrected and
shall impart constructive notice of all the corrections in the same manner as though set forth on the
original map.
14-3.312 Parcel Map Waiver Procedure.
(a) Applicability. Pursuant to Section 66428(b) of the Subdivision Map Act, the Director of Community
Development with the concurrence of the Town Engineer may waive the requirement for preparation
and filing of a parcel map for any of the following:
(1) Division of real property or interests therein created by probate, eminent domain
procedures, partition, or other civil judgments or decrees.
(2) Division of real property resulting from the conveyance of land or any interest therein to or
from the Town, public entity or public utility for a public purpose, such as park sites; school sites,
public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.
(b) Procedure. Any person desiring to obtain the approval of a parcel map waiver shall file two (2)
paper prints of a plat and legal description with the Director of Community Development, accompanied
by an application form provided by the Director, and the fees as set forth in the applicable Town fee
schedule(s). The form and content of such plat and legal description shall be as specified by the
Director and Town Engineer.
Toian of Tiburon Ordinance No. 573 N. S. Effective 07/07/2017 Page 34
(c) Action Required. The Director of Community Development shall approve, conditionally approve, or
deny a parcel map waiver within sixty (60) days of the application being deemed complete.
(d) Findings. In order to approve a parcel map waiver the Director of Community Development shall
find that the proposed division of land complies with requirements as to area, improvement and design,
floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water
supply availability, environmental protection, and other requirements of the Subdivision Map Act, this
chapter, the Municipal Code, and the General Plan.
(e) Conditions. Approval of a parcel map waiver may be conditioned to provide for, among other
things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted
by law.
(f) Appeals. The Director of Community Development's decision on a parcel map waiver may be
appealed to the Planning Commission pursuant to Article 6 of Chapter 16 and Section 66452.5 of the
Subdivision Map Act. The decision of the Planning Commission shall be final.
(g) Recordation. Following the expiration of the appeal period pursuant to subsection (f) of this
section, or the Planning Commission's final decision if appealed and approved, the Town Engineer
shall forward a plat and legal description of the approved division of land and a certificate of
compliance identifying the real property and stating that the approved division of land complies with the
provisions of the Subdivision Map Act and this article to the Marin County Recorder or to a title
company or other authorized agent that the Town has designated for transmittal to the County
Recorder.
Article 4. Lot Line Adjustments
14-4.401 Purpose.
The purpose of this article is to establish the procedures and standards for changing the boundary or
boundaries between four (4) or fewer existing adjoining parcels as provided in the Subdivision Map Act
to ensure that such adjustments are consistent with the General Plan and applicable zoning and
building requirements. The map shall be drawn in accordance with the requirements established by the
Town Engineer.
14-4.402 Procedure.
An application for a lot line adjustment shall be made to the Director of Community Development and
shall be accompanied by the required filing fee and an application form for lot line adjustment
containing all required materials as set forth therein.
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(a) Within thirty (30) days of the receipt of the application, the Director and the Town Engineer shall
perform a completeness review and may require additional information as deemed necessary to
determine whether the proposed adjustment is complete and meets the requirements of this article
including, but not limited to, a record survey of the property involved if necessary to provide an
adequate description of the property as required by California Business and Professions Code Section
8762.
(b) Within sixty (60) days of the receipt of a complete application, the Director, in consultation with the
Town Engineer, shall approve, conditionally approve, or deny the application for a lot line adjustment if
the application is exempt from environmental review. If the application requires environmental review,
the Director shall take action in compliance with the deadlines specified in the Permit Streamlining Act.
(c) The Director may impose any conditions necessary to ensure that the proposed map will comply
with all of the required findings of Section 14-4.403. Any improvements that are required to be installed
or constructed to comply with the criteria for approval shall be constructed pursuant to the requirements
of this chapter.
(d) If the Director determines that the proposed adjustment does not comply with all of the required
findings of Section 14-4.403, the Director shall deny the adjustment and provide written notification to
the applicant of the decision.
14-4.403 Findings.
A lot line adjustment may be approved or conditionally approved only if all of the following findings are
made:
(a) The adjustment is between four (4) or fewer parcels and no additional parcels are created.
(b) No street or alley dedication or improvement is necessary to adequately serve the properties
affected by the proposed lot line adjustment.
(c) The lots proposed in the adjustment will comply with the provisions of this chapter, zoning
regulations, the General Plan, and the Subdivision Map Act.
(d) The resulting parcels will not interfere with existing utilities, infrastructure or easements.
14-4.404 Appeals.
The Director's decision on a lot line adjustment may be appealed to the Planning Commission in
accordance with the appeal procedures in Article 6 of Chapter 16. The decision of the Planning
Commission shall be final.
Town of Tibzuron Ordinance No. 573 A! S. Effective 0710712017 Page 36
14-4.405 Recordation.
Following the expiration of the appeal period pursuant to Section 14-4.404, or the Planning
Commission's final decision if appealed and approved, the applicant for a lot line adjustment approved
pursuant to this article shall have one year to record with the Marin County Recorder the appropriate
instrument to implement and finalize the lot line adjustment, unless a shorter time period is specified in
the approval. A copy of the recorded instrument shall be provided to the Director upon recordation.
Article 5. Parcel Mergers
14-5.501 Purpose.
The purpose of this article is to establish the procedures and standards for the merger into one (1)
parcel of two (2) or more contiguous parcels of land that were created under the provisions of the
Subdivision Map Act, any prior State law regulating the division of land or a local ordinance enacted
pursuant thereto, or which were not subject to those provisions at the time of their creation.
14-5.502 Initiation by Town.
(a) Criteria. Pursuant to the Subdivision Map Act and the requirements of this chapter, the Town may
initiate the merger of two (2) or more contiguous parcels held by the same owner if any one (1) of the
contiguous parcels does not conform to the standards for minimum lot area or width established by
Article 2 of chapter 16, and if all the following requirements are satisfied:
(1) At least one (1) of the affected parcels is undeveloped by any structure for which a building
permit was issued or for which a building permit was not required at the time of construction, or is
developed only with an accessory structure or structures, or is developed with a single structure,
other than an accessory structure, that is also partially located on the contiguous parcel
proposed for merging.
(2) One (1) or more of the following conditions exists for at least one (1) of the affected parcels:
a. The parcel comprises less than five thousand (5,000) square feet in area at the time of
the determination of merger.
b. The parcel was not created in compliance with applicable laws and ordinances in effect
at the time of its creation.
c. The parcel does not meet current standards for sewage disposal and domestic water
supply.
d. The parcel does not meet slope stability standards.
Town of Tibin-on Ordinance No. 573 N. S. Fffecfive 07 07/2017 Page 37
e. The parcel has no legal access that is adequate for vehicular and safety equipment
access and maneuverability.
f. Development of the parcel would create health or safety hazards.
g. Is inconsistent with the General Plan other than the minimum lot area or density
standards.
(b) Exceptions. This section shall not apply if any of the conditions set forth in Sections
66451.11(b)(A), (B), (C), or (D) of the Government Code exist.
(c) Procedures.
(1) Notice of Intention to Determine Status. The Director shall mail, by certified mail, a notice of
intention to determine status to the current record owner of the property. The notice shall state
that the affected parcels may be merged, and that the property owner may request a hearing on
the determination of status before the Planning Commission to present evidence that the
property does not meet the criteria for merger. The notice of intention to determine status shall
be recorded at the office of the Marin County Recorder on the same day that the notice is mailed
to the property owner. The owner of the affected property may file a written request for a hearing
with the Director within thirty (30) days after the recording of the notice of intention to determine
status.
(2) If a Hearing Is Requested. Upon receipt of a request for a hearing, the Director shall set the
time, date and place for the hearing and notify the property owner by certified mail. The hearing
shall be conducted not more than sixty (60) days following the receipt of the property owner's
request, or may be postponed or continued by mutual consent of the Director and the property
owner. At the hearing, the property owner shall be given the opportunity to present any evidence
that the affected property does not meet the requirements of this chapter for merger. At the
conclusion of the hearing, the Planning Commission shall determine whether or not the affected
parcels shall be merged. If the Planning Commission makes a determination that the parcels are
to be merged, the Director shall record a notice of merger or certification of compliance within
thirty (30) days of the Commission's determination unless the property owner files an appeal
pursuant to Section 14-5.505. The notice of merger or certificate of compliance shall specify the
name of the record owners and a description of the property. The Director shall notify the
property owner of the determination.
(3) If a Hearing Is Not Requested. If, within the thirty (30) day period following the recording of
the notice of intention to determine status, the property owner does not file a request for hearing,
Town of Tiburon Ordinance No. 573 N.S. Effective 07/07120/7 Page 38
the Director and Town Engineer shall make a determination whether or not the affected parcels
are to be merged. If the Director and Town Engineer determine that the parcels shall be merged,
the Director shall record a notice of merger or a certificate of compliance within ninety (90) days
following the mailing of the notice of intention to determine status. The notice of merger or
certificate of compliance shall specify the name of the record owners and a description of the
property. The Director shall notify the property owner of the determination.
(4) If Parcels Are Not to Be Merged. If the Planning Commission, or the Director and Town
Engineer, as the case may be, determine that the parcels shall not be merged, the Director shall
record a certificate of compliance for the unmerged parcels and a release of the notice of
intention to determine status, and the Director shall mail a clearance letter to the owner of record.
14-5.503 Initiation by Property Owner.
(a) Request for Determination. Within thirty (30) days of the receipt of a written application to the
Director by the owner of the affected parcels, and payment of required fees, the Director and Town
Engineer shall determine whether the affected parcels shall be merged and the Director shall notify the
property owner of the determination. If the Director and Town Engineer determine that the parcels shall
not be merged, the property owner may file a written request for a hearing with the Planning
Commission pursuant to the requirements of this article within thirty (30) days of the date of the
Director's notice. The Planning Commission shall then hold a hearing on the proposed merger. If the
Planning Commission makes a determination that the parcels are to be merged, the Director shall
record a notice of merger or certificate of compliance within thirty (30) days of the Commission's
determination. The notice of merger or certificate of compliance shall specify the name of the record
owners and a description of the property. The Director shall notify the property owner of the merger.
(b) Waiver of Right to Hearing. If the merger of contiguous parcels is initiated by the record owner,
the owner may waive the right to a hearing before the Planning Commission and to all notices required
by this article. Upon receipt of the waiver, if the Director and Town Engineer agree that the parcels
should be merged, the Director shall record a waiver of right of hearing and notice and a notice of
merger or certificate of compliance simultaneously.
14-5.504 Unmerged Parcels.
A property owner may apply to the Director for a determination that any parcels of land for which a
notice of merger had not been recorded on or before January 1, 1984, are deemed not to have been
merged under Section 66451.30 of the Subdivision Map Act. If the Director and Town Engineer
determine that the parcels meet the standards specified in Section 66451.30, the Director shall issue to
the owner, and the Director shall record with the County Recorder, a certificate of compliance declaring
that the parcels are not merged.
Town of Tibu ron Ordinance No. 573 N. S. Effective 0710712017 Page 39
14-5.505 Appeals.
The Planning Commission's decision on a parcel merger may be appealed to the Town Council in
accordance with the appeal procedures in Article 6 of Chapter 16.
Article 6. Improvements and Dedications
14-6.601 Purpose.
The purpose of this article is to establish the improvements, dedications and reservations that the Town
may impose on a subdivider as a condition for approval of a tentative map.
14-6.602 Improvements Required.
(a) General
(1) Improvements Required for Subdivision Approval. No tentative map, final map, parcel map,
or other division of land subject to the provisions of this chapter shall be approved unless
improvements are constructed or required to be constructed to serve the lots being created both
on site and off site, including, but not limited to, those improvements described in this section. As
a condition of approval there may be imposed a requirement that improvements installed by the
subdivider for the benefit of the subdivision contain supplemental size, capacity, number or
length for the benefit of property not within the subdivision and that those improvements be
dedicated to the public, subject to the provisions of Sections 66485 through 66489 of the
Subdivision Map Act.
(2) Improvement Plans. Before beginning construction of any improvements, a complete set of
plans, profiles, cross sections, and other drawings for all improvements, together with a complete
set of detailed specifications for the work, prepared according to Town standards and
specifications, shall be submitted to the Town Engineer for review and approval. Elevation datum
used on improvement plans shall be NAVD 1988 unless specifically authorized in writing by the
Town Engineer. Once approved, one (1) or more complete sets of plans and specifications,
including an electronic copy as required, shall be furnished to the satisfaction of the Town
Engineer. No work shall commence without approved plans and specifications.
(3) Design of Improvements. The design and layout of all required improvements, both on and
off site, private and public, shall conform to generally accepted engineering standards, or to such
standards as approved by the Town Engineer, and, where applicable, to the standards of Section
14-6.609, Design Standards.
(b) Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted
geometric section as deemed appropriate by the Town Engineer, including street structural sections,
Toiam of 7ibzn-on Ordinance No. 573 N. S. Effective 07/07/2017 Page 40
curbs, gutters, sidewalks, alleys, street trees, street lights, driveway approaches and transitions, and
right-of-way surfaces. Property corners abutting the public right-of-way shall be located and marked in
a manner acceptable to the Town Engineer.
(c) Pedestrian Ways. Pedestrian ways, including paving, landscaping, fences and other amenities,
may be required in all locations indicated in the General Plan, Bicycle-Pedestrian Master Plan, or as
otherwise reasonably required by the Director of Community Development or Town Engineer pursuant
to adopted Town policies or regulations:
(1) To provide access to open spaces, paths, trails or bikeways.
(2) To connect streets having only one (1) outlet.
(3) To provide access to playgrounds, parks, schools, shopping areas, or similar community
facilities.
(d) Bikeways. Bikeways, including Class I paths, Class II bike lanes, Class III signed bike routes,
Class IV bikeways, and/or bicycle boulevards, may be required in all locations indicated in the General
Plan, Bicycle-Pedestrian Master Plan, or as otherwise reasonably required by the Director of
Community Development or Town Engineer pursuant to adopted Town policies or regulations.
Appropriate signs as may be required shall be furnished and installed by the subdivider.
(e) Trails and Greenbelts. Trail and greenbelt improvements may be required as indicated in the
General Plan, Bicycle and Pedestrian Master Plan, any applicable precise development plan or specific
plan, or as otherwise reasonably required by the Director of Community Development or Town
Engineer pursuant to adopted Town policies or regulations.
(f) Street Trees. The subdivider may be required to plant street trees at no more than twenty-five feet
(25') on center along all public or private streets within and/or bordering the subdivision. The location,
species and size of trees shall be as specified in any associated project approvals or as approved by
the Director of Public Works, and shall be indicated on the improvement plans.
(g) Stormwater Treatment. Storrnwater runoff from the subdivision shall be treated on-site in
accordance with the stormwater management requirements in Chapter 20A of the Tiburon Municipal
Code, and shall be collected and conveyed by an approved storm drain system. Depending on the site
area involved, provide either: 1) a copy of the Storm Water Pollution Prevention Plan (SWPPP) for
construction, with General Permit registration documents to comply with, and the Notice of Intent (NOI)
for the project; or 2) an Erosion and Sedimentation Control Plan (SSCP) and an ESCP Application
Package.
Town ofTiburon OrdinanceNo. 573A. S. Effective 07/07/2017 Page 41
(h) Storm Drainage Capacity. A study shall be prepared of the proposed drainage system for the
subdivision which details, at a minimum, the effects of any run-off on other drainage systems and the
ability of the proposed drainage system and any impacted drainage systems to convey run-off volumes
generated by the 100-year storm event, as approved by the Town Engineer. The storm drain system
shall provide for the protection of abutting and off-site properties that could be adversely affected by
any increase in run-off attributed to the subdivision. Off-site storm drainage improvements may be
required to satisfy this requirement.
(i) Sanitary Sewers. A sewage collection system designed and constructed to serve each unit or lot
within the subdivision and connected to the public sewer collection system shall be provided as
required, unless exempted by the Town Council pursuant to provisions of Chapter 13F of the Tiburon
Municipal Code. Sewer laterals connecting to the public sewer system shall comply with the
requirements of the applicable sanitary district.
(j) Water Supply. Each unit or lot within the subdivision shall be served by an approved water
distribution system designed and constructed to supply domestic water for use on each lot or by each
unit, for fire-fighting purposes, and to provide landscape irrigation as shown on approved plans.
(k) Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and
cable television facilities. All utility distribution facilities shall be placed underground. All transformers
shall be placed underground unless prior permission is granted by the Town to place them above
ground, in which case they shall be screened from public view by fencing, dense landscaping, or other
acceptable means. Other appurtenant equipment, such as pedestal-mounted terminal boxes and meter
cabinets, may be placed above ground but shall be screened from public view by fencing, dense
landscaping, or other acceptable means. No transformers or other appurtenant equipment shall be
placed in the public right-of-way or on any sidewalk.
(1) Fire Hydrants. Fire hydrants, gated connections, and appurtenances as required by the applicable
Fire District shall be provided. Improvement plans showing such hydrants, connections, and
appurtenances shall be shown on the improvement plans that are submitted for review and approval by
the Fire District.
(m) Off-Site Improvements. Pursuant to Section 66462.5 of the Subdivision Map Act, if the subdivider
is required to construct off-site improvements on land in which neither the Town nor the subdivider has
sufficient title or interest to allow construction, the Town shall, within one hundred twenty (120) days of
recording the final map, acquire by negotiation or commence condemnation of the land. Prior to
approval of the final map, the Town may require the subdivider to enter into an agreement to complete
the off-site improvements at the time the Town acquires title or interest in the land. If no such
Townof Tiburon Ordinance No. 573 N.S. Effective 07/07/2017 Page 42
agreement is required and the Town fails to meet the one hundred twenty (120) day time limit, the
condition for the construction shall be waived. The subdivider shall pay all costs of acquiring and all
costs associated with acquiring off-site land or an interest in the land required to construct the off-site
improvements.
(n) Exceptions. Exceptions to the standards set forth in this chapter may be approved by the Town
Engineer if all of the following findings are made:
(1) That the strict application of any such standard would result in practical difficulties or
unnecessary hardships inconsistent with the general purpose and intent of this chapter.
(2) That there are exceptional circumstances or conditions applicable to the property being
subdivided or to its intended use or development.
(3) That the granting of the exception will not be materially detrimental to the public welfare nor
injurious to the property being subdivided or to improvements in the immediate vicinity.
14-6.603 Improvement Agreements.
(a) General. Prior to the approval or commencement of the improvements required by Section 14-
6.602, the subdivider shall enter into an improvement agreement with the Town for the construction of
the required improvements. Such agreement is subject to the approval of the Town Council as
recommended by the Town Engineer and Director of Community Development, and approved as to
form by the Town Attorney. The agreement shall provide for:
(1) Construction of all improvements according to the approved plans and specifications on file
with the Town Engineer.
(2) Specified times for completion of improvements.
(3) Right by Town to require changes to the plans and specifications in accordance with the
development requirements and to require the subdivider to pay for the modifications.
(4) Payment of applicable fees as set forth in the applicable Town fee schedule(s).
(5) Improvement security in accordance with Section 66499 et seq. of the Subdivision Map Act.
(6) Posting of a performance bond for one hundred percent (100%) of the value of the
improvements for faithful performance, payment of all contractors and other persons employed in
the performance of the improvements, and for setting of final monuments. The value of the
improvements shall be calculated based on the most current prevailing wage rates and Caltrans
Town ofTibmrow Ordn7aice,A'o. 5731V. S. F,ffeetive 07/07/2017 Page 43
equipment rates, with inflation factors based on Engineering News-Record (ENR) figures and
construction management costs based on the most recent California Multi-Agency Benchmarking
Study. If any of these sources are no longer applicable or available, the Town Engineer shall
use reasonable discretion in selecting substitute sources for the calculation of the value of the
improvements. Upon completion and acceptance by the Town of the improvements, a one (1)
year warranty bond guaranteeing the constructed improvements from defects shall also be
provided.
(7) Release and indemnification of the Town from all liability incurred by the development and
payment of all reasonable attorney's fees that the Town may incur because of any legal action
arising from the development.
(8) Any other provisions required by the Town as reasonably necessary to comply with the
requirements of this chapter.
(b) Deferred Agreements. An agreement may be made between the subdivider and the Town to defer
the construction of public improvements until such time as the improvements are necessary to preserve
the general purposes of this title. No such agreement shall be valid until and unless it is secured by a
good and sufficient surety bond or cash deposit adequate to cover all the costs and administrative
expenses of the improvements in the event of default. The value of the improvements shall be
calculated based on the most current prevailing wage rates and Caltrans equipment rates, with inflation
factors based on Engineering News-Record (ENR) figures and construction management costs based
on the most recent California Multi-Agency Benchmarking Study. If any of these sources are no longer
applicable or available, the Town Engineer shall use reasonable discretion in selecting substitute
sources for the calculation of the value of the improvements. If the subdivider or subsequent owner of
the subdivision desires to construct the improvements, the Town will release the deposit to the
subdivider or subsequent owner of the subdivision after the improvements are constructed, inspected,
and accepted as complete by the Town.
14-6.604 Completion and Acceptance of Improvements.
(a) Completion. The subdivider shall complete the subdivision improvements within twelve (12)
months from the recording of the parcel map or final map, or at a time approved by the Town Engineer,
not to exceed twenty-four (24) months from the recording of the parcel map or final map, unless an
extension is granted in writing by the Town. If the subdivider fails to complete the improvements within
the specified time, the Town may, by resolution of the Town Council and at its option, cause any or all
uncompleted improvements to be completed and the parties executing the surety or sureties shall be
firmly bound for the payment of all necessary costs. All improvements are subject to inspection by the
Town of Tiburon Ordinance,,Vo. 573 N. S. Efeclive 07/07/2017 Page 44
Town Engineer to ensure that they have been completed in accordance with the improvement
agreement.
(b) Acceptance. Upon completion of the improvements required by the provisions of this article, the
subdivider or his authorized agent shall file a complete set of as-built record drawings with the Town
Engineer. The as-built drawings shall be on polyester base film with a twenty-two inch (22") by thirty-
four inch (34") format. All as-built drawings shall also be provided in an electronic format acceptable to
the Town Engineer. Such record drawings shall be certified as to accuracy and completeness by the
subdivider's engineer of record. Upon the receipt and acceptance of such record drawings for major
subdivisions, the Town Engineer shall recommend to the Town Council the formal acceptance of the
improvements.
(c) Acceptance of a Portion of Improvements. When requested by the subdivider in writing, the Town
may consider acceptance of a portion of the improvements as recommended by the Town Engineer.
The improvements will be accepted by the Town Council only if it finds that it is in the public interest
and such improvements are for the use of the general public. Acceptance of a portion of the
improvements shall not relieve the subdivider from any other requirements imposed by this chapter.
Acceptance of a portion of the improvements shall be in accordance with subsection (b) of this section.
14-6.605 Dedications.
When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an
irrevocable offer of dedication of land within the subdivision that is needed for:
(a) Streets, Alleys and Other Public Rights-of-Way or Easements. Streets and alleys, including
access rights and abutters' rights, drainage, public utility easements and other public easements, as
deemed necessary by the Town Engineer. The waiver of direct access rights, as provided by Section
66476 of the Subdivision Map Act, may be required if the Town determines that the public interest
necessitates such a waiver.
(b) Bicycle Paths. Bicycle paths as determined in the reasonable discretion of the Town Engineer to
be necessary for the use, safety, and benefit of the residents of the subdivision.
(c) Transit Facilities. Local transit facilities such as bus turnouts, benches, shelters, landing pads and
similar items that directly benefit the residents of the subdivision.
(d) Parkland/Open Space. Land for open space, park and recreational purposes, based on the
General Plan Parks and Recreation Element standard of five (5) new acres of parkland per one
thousand (1,000) new residents, and in conformance with the requirements of Section 66477 of the
Subdivision Map Act. In lieu of such dedication, the Town may require the subdivider to make an in-lieu
Town of Tiburon Ordinance No. 573A'. S. E:ffective 07%07/2017 Page 45
contribution to the Town's Park & Recreation Fund, or may require a combination of such land
dedication and in-lieu fee pursuant to the requirements of Section 66477 of the Subdivision Map Act.
Refer to Section 14-6.609(1) for specifics.
(e) Drainage Facilities. Storm drain rights-of-way or easements as deemed necessary by the Town
Engineer,
14-6.606 Acceptance of Dedications.
(a) Action Upon Approval of Map. At the time the Town Council approves a final map or parcel map,
the Town Council shall also accept, accept subject to improvement, or reject any offer of dedication.
The Town Clerk shall certify or state on the map the Town Council's action.
(b) Rescission of Rejection. If, at the time the final map or parcel map is approved, any streets, paths,
alleys, public utility easements, rights-of-way for local transit facilities that directly benefit the residents
of a subdivision, or storm drainage easements are rejected by the Town, the offer of dedication shall
remain open and the Town may at any later date, and without further action by the subdivider, rescind
its action and accept and open the streets, paths, alleys, public utility easements, rights-of-way for local
transit facilities or storm drainage easements for public use, which acceptance shall be recorded in the
office of the Marin County Recorder.
(c) Termination of Offers. Offers of dedications may be terminated and abandoned in the same
manner as prescribed for the summary vacation of streets by California Streets and Highways Code
Division 9, Part 3 (commencing with Section 8300).
14-6.607 Recordation of Dedications.
The Town shall record a certificate with the Marin County Recorder for any dedication for public
purpose or for making public improvements or constructing public facilities, other than for open space,
parks, or schools. The certificate shall be included on the map and shall conform to applicable
provisions of the Subdivision Map Act regarding dedications.
14-6.608 Reservations.
Reservations of land for public use shall be in accordance with Sections 66479 through 66482 of the
Subdivision Map Act. As a condition of approval of a tentative map, the subdivider shall reserve sites,
appropriate in area and location, for parks, recreational facilities, open spaces or other public uses
according to the standards contained in this Article.
14-6.609 Design Standards.
The intent of this section is to set forth standards for the subdivision of land consistent with Town of
Tiburon standards and policies, the Subdivision Map Act, and the Tiburon General Plan.
Torun of Tiburon Ordinance No. 573 N. S. Effective 07/07/2017 Page 46
(a) Access.
(1) A subdivision shall abut upon or have an approved access to a public or private street.
Each unit or lot within the subdivision shall have access to a public or private street.
(2) Street layout shall be designed to provide for future access to undeveloped property
adjoining the subdivision. Reserve strips, or non-access at the end of streets or at the
boundaries of subdivisions, shall be dedicated unconditionally to the Town when required.
(3) In no event shall lots in a proposed subdivision that do not abut a public or private street be
served by access that traverses an existing lot that abuts a public or private street. This does not
preclude flag lots where access through an existing parcel abuts an existing property line.
(b) Streets and Paths.
(1) Private streets, alleys, or access corridors are not permitted unless approved as part of a
major or minor subdivision pursuant to the requirements of this chapter, and provisions are made
for their improvement and permanent maintenance.
(2) Streets shall be graded and improved in accordance with generally accepted engineering
standards, the standard specifications for public works construction as set forth in the most
current Caltrans Standards and Specifications and such standards as approved by the Town
Engineer.
(3) Minimum right-of-way widths for streets and paths shall be as determined by the Town
Engineer or as set forth in an applicable precise development plan.
(4) Reserve strips controlling the access to streets or other public rights-of-way shall generally
not be approved unless such strips are necessary for the protection of the public welfare or
property.
(5) Pavement Design.
a. The structural design of the pavement, including the determination of the thickness and
type of sub-base, base, and surfacing to be placed over the basement soil, is subject to the
approval of the Town Engineer.
b. The structural design of the pavement shall be designed in accordance with Caltrans
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. 573 N. S. Effective 0710712017 Page 47
residential or local road and not less than 8.0 for a collector and not less than 10.0 for an
arterial. The minimum asphalt thickness shall be 5 inches.
c. The subdivider, at his or her expense, shall make tests of the soil over which the
surfacing and base is to be constructed and furnish the test reports to the Town Engineer
for use in determining a preliminary structural design of the road bed. The maximum
design R-value for any soil including lime treated soil will be 40. Locations without specific
R-values tests shall be assumed for design purposes to have an R-value of 5.
(6) Curbs, gutters, and sidewalks, where required by the Town Engineer, shall be installed in
accordance with generally accepted engineering standards, the standard specifications for public
works construction as set forth in the most current Caltrans Standard Plans and Specifications.
All sidewalks shall comply with the applicable accessibility requirements of the Americans with
Disabilities Act.
(7) Traffic signs, signals, pavement markings, and street name signs conforming to Town
standards and the latest California Manual on Uniform Traffic Control Devices(MUTCD) shall be
installed by the subdivider.
(8) All proposed street names shall be reviewed and approved by the Director of Community
Development, Police Department, applicable Fire District, and other interested agencies, prior to
filing of a final or parcel map, and shall be shown on such map. Proposed street names for
streets that are to be dedicated or otherwise publicly maintained shall be referred to the Heritage
&Arts Commission for its recommendations prior to approval of the street names.
(9) Street lights shall be provided in accordance with Town standards as required by the Town
Engineer and their location shall be shown on the construction plans in plan view, elevation view,
and a typical street cross section.
(c) Lot Requirements.
(1) Lots shall comply with the following requirements:
a. Areas and widths of lots. The area and width of lots or parcels in a subdivision
map shall conform to the particular zoning district in which the property is located. In
instances where the percent of slope of a parcel or lot exceeds fifteen percent, the
minimum lot area shall be based on Table 14-1 below. Lot area shall be as defined in
Chapter 16.
b. In no case shall a minimum parcel or lot area derived from Table 14-1 take
precedence over a minimum area derived from the land and structure regulations of
Town of Tibnron Ordinance No. 573 N. S. Effective 07/07/2017 Page 48
the zone in which the property is located when the number derived from Table 14-1 is
the lesser of the two numbers.
c. Table 14-1 shall not apply to land in the RPD and RMP zones, but may be used as
a guideline in the appropriate sizing of lots.
d. Percent of slope shall be calculated before grading and shall be measured along a
line passing through the center of the lot or the building site between lot lines and
perpendicular to the natural contours; this choice shall be made by the Director of
Community Development.
e. The calculation of percent of slope shall be based on an accurate topographical
survey of existing conditions.
f. No lot shall be created which has a frontage of less than sixty-five feet, unless
otherwise established by a precise development plan or other zoning permit. Flag lots,
where permitted, shall have a minimum frontage of no less than twenty (20)feet.
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
(2) Exception. This subsection (c) shall not apply to any lot or parcel which the subdivider
offers to dedicate to the Town or any public agency or district.
(d) Water Connection.
(1) Water supply facilities shall be shown on all improvement plans and shall be Marin
Municipal Water District(MMWD) facilities installed in accordance with MMWD standards.
(2) Water lines shall be installed to the end of new paving on any street that might need a
water extension to avoid the need for a trench cut in new paving.
(3) Easements not less than ten feet (10') in width shall be provided within the subdivision
where required for construction and maintenance of water facilities or as otherwise required by
MMWD.
Town ofTiburon Ordinance No. 573 N. S. Effective 07,777-'2017 /'age 49
(e) Sanitary Sewers.
(1) Sanitary sewer mains shall be shown on all improvement plans and shall be designed and
installed in accordance with the standards of the applicable sanitary district.
(2) All required sanitary sewer laterals shall be shown on all improvement plans and shall
comply with the requirements of the applicable sanitary district.
(f) Prime Open Space Preservation. As set forth in the Open Space & Conservation Element of the
General Plan, evaluation of the prime open space characteristics listed below shall be considered
during the development review process.-
(1)
rocess:(1) Trees and Woodlands.
(2) Ridgelines and Views.
(3) Wetlands, Water and Shoreline Areas.
(4) Streams and Riparian Corridors.
(5) Flood-prone Areas and Steep Slopes.
(6) Wildlife and Wildlife Habitat.
(g) Grading. Grading shall be reviewed for consistency with policies set forth in the Open Space &
Conservation Element of the General Plan. Grading shall be performed in accordance with Town
standards, including, but not limited to, the grading standards applied by the Town Engineer and the
building regulations set forth in Chapter 13 of the Tiburon Municipal Code. No grading shall be
performed without prior review and approval of the Town Engineer and Director of Community
Development and without issuance of a grading permit from the Tiburon Building Division. Grading
may be limited to the dry season in the reasonable discretion of the Town Engineer or Building Official.
(h) Communications Facilities. A subdivision shall provide franchised cable television systems and
communication systems, including, but not limited to, telephone and Internet services, an opportunity to
construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public
utility use, any equipment necessary to extend services to each parcel in the subdivision. For the
purposes of this section, "franchised cable television systems" means those systems franchised or
licensed to serve the geographical area in which the subdivision is located. This section shall not apply
to the conversion of existing dwelling units to condominiums, community apartments, or stock
cooperatives.
Town of Tiburon Orrdinanee No. 573 N. S. Effective 07/0712017 Page 50
(i) Energy Conservation and Solar Access.
(1) A subdivision for which a tentative map is required shall provide, to the extent feasible, for
future passive or natural heating or cooling opportunities in the subdivision. Examples of passive
or natural heating opportunities in subdivision design include design of lot size and configuration
to permit orientation of a structure in an east-west alignment for southern exposure.
(2) Examples of passive or natural cooling opportunities include design of lot size and
configuration to permit orientation of a structure to take advantage of shade or prevailing
breezes.
(3) Consideration shall be given to local climate, to contour, to configuration of the parcel to be
divided, and to other design and improvement requirements, and such provision shall not result
in reducing allowable densities or the percentage of a lot which may be occupied by a building or
structure.
(4) The requirements of this subsection do not apply to condominium projects that consist of
the subdivision of airspace in an existing building when no new structures are added.
(j) Natural and Cultural Resources. Sensitive habitat areas, archeological resources, and designated
and potential historic resources shall be shown and identified on the tentative map and on improvement
and landscape plans. Such features shall be preserved as required by the Town.
(k) Parkland Dedications.
(1) As a condition to the approval of a tentative map, the subdivider shall be required to
dedicate land, pay fees or a combination of both, for park or recreational facilities in
accordance with the provisions of this section, section 66477 of the Government Code, and the
Parks and Recreation Element of the General Plan. Such fees or dedications shall bear
reasonable relationship to the use of the park and recreational facilities by the future
inhabitants of the subdivision.
(2) General. The payment of fees, or the dedication of land, or both, shall be in a
proportionate amount necessary to provide five (5) acres of property devoted to local park or
recreational purposes for each one thousand (1,000) persons residing in the town.
(3) Exemptions. The following shall be exempt from the provisions of this section:
a. Subdivisions of less than five (5) parcels that are not used for residential purposes
unless a building permit for a residential structure is requested for one (1) of the
parcels within four(4) years of the date of subdivision approval; and
b. Commercial and industrial subdivisions and condominium projects or stock
cooperatives which consist of subdivision of airspace in an existing apartment building
Town ofTiburon Ordinance No. 573 N. S. Lffective 07/07/2017 Powe 51
more than five (5) years old when no new dwelling units are added.
(4) Payment of fees. Only the payment of fees may be required in subdivisions containing
fifty (50) parcels or less, except that when a condominium project exceeds fifty (50) dwelling
units, dedication of land may be required notwithstanding the number of parcels may be less
than fifty (50).
(5) Land dedication and fee payment procedure. At the time of approval of a tentative,
final or parcel map, the Town Council shall determine the land to be dedicated and/or fees to
be paid by the subdivider based on the provisions of subsection (6) of this section. Covenants
for dedicated land shall be submitted to the Town prior to approval of a final subdivision 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.
(6) Determination of dedications and fees. Land dedications and fees shall be determined
as set forth in this subsection.
a. Formula for dedication of land. Where a park or recreating facility has been
designated in the General Plan, and is to be located in whole or in part within the
proposed subdivision to serve the immediate and future needs of the residents of the
subdivision, the subdivider shall dedicate land for a local park sufficient in size and
topography that bears a reasonable relationship to serve the present and future needs
of the residents of the subdivision. The amount of land to be provided shall be
determined pursuant to the following formula:
b. Formula based on population estimate. The formula for determining acreage to be
dedicated shall be as set forth in Table 14-2. This table is based on 2010 U.S. Census
Information and has been establish pursuant to Section 66477 of the Subdivision Map
Act.
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
c. Updated Census Data. At any future point in time, 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 14-2 for determining parkland to be dedicated shall be
substituted using the updated Census numbers.
(7) Improvements. The subdivider shall, without credit:
Torun of Tiburon Ordinance No. 573 N. S. Effeclive 0710712017 Page 52
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.
(8) Formula for fees in lieu of land dedication. If the subdivision contains fewer than fifty
(50) units or parcels, or if there is no park or recreation facility designated in the General Plan
to be located in whole or in part within the proposed subdivision to serve the immediate and
future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land,
pay a fee equal to the value of that land. Fees in lieu of land dedication shall be determined in
accordance with Table 14-3. 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 14-3. 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
Where: D.U. = dwelling units; FMV= fair market value as determined by subsection (10) below; and
Buildable Acreage = total acreage of the property minus land below the line of mean high tide.
(9) Number of dwelling units. For the purpose of this section, the number of new dwelling
units shall be based upon the number of parcels indicated on the map when in an area zoned
for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned
for more than one dwelling unit per parcel, the number of proposed dwelling units in the area
so zoned shall equal the maximum allowed under the zone. In the case of a condominium
project, the number of new dwelling units shall be the number of condominium units. The term
"new dwelling units" does not include dwelling units lawfully in place prior to the date on which
the parcel or final map is filed.
(10) Determination of fair market value. The fair market value shall be determined by the
Town through generally-recognized and accepted methods, including but not limited to a
written appraisal report prepared and signed by an appraiser acceptable to the Town. The
appraisal shall be at the expense of the applicant and shall be prepared immediately prior to
the filing of the final map or parcel map. The subdivider shall notify the Town of the expected
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. 573 N. S. Effective 07/07/2017 Page 53
year elapses prior to filing the final map or parcel map, the Town will update the appraisal at
subdivder's expense. If the subdivider objects to the determined fair market value, he/she may
appeal to the Town Council. The determination of the fair market value shall consider, but shall
not be limited to, the following:
a. Approval of and conditions of the tentative subdivision map;
b. The General Plan;
c. Zoning;
d. Property location;
e. Off-site improvements facilitating use of the property;
f. Site characteristics of the property; and
g. Comparable property transactions within the market area.
(11) Use of money. Any in lieu fees collected shall be used only for the purpose of acquiring
necessary land and developing new or rehabilitating existing park or recreational facilities
reasonably related to serving the subdivision.
(12) Commitment of fees. Any fees collected pursuant to this section shall be committed
within five years after payment of the fees or the issuance of building permits on one-half of the
lots created by the subdivision, whichever occurs later. If the fees are not committed, they,
without any deductions, shall be distributed and paid to the then record owners of the
subdivision in the same proportion that the size of each lot bears to the total area of all lots in
the subdivision.
(13) Development schedule. The Town Council shall specify how, when, and where it will
use the land or fees or both to develop park or recreational facilities.
(14) Credit. Credit against the payment of fees or dedication of land required by this section
shall be given in accordance with the provisions of the following subsections.
a. If the subdivider provides park and recreational improvements to the dedicated
land, the value of the improvements together with any equipment located thereon shall
be a credit against the payment of fees or dedication of land required by this section.
b. Planned developments, real estate developments, stock cooperatives, and
community apartment projects, as defined in sections 11003, 11003.1, 11003.2,
11003.4 and 11004, respectively, of the Business and Professions Code, and
condominiums, as defined in section 783 of the Civil Code, shall be eligible to receive
a credit, as determined by the Town Council, against the amount of land required to be
dedicated, or the amount of the fee imposed, pursuant to this section, for the value of
private open space within the development which is usable for active recreational
uses. For the purposes of this section, private open space is that open space which is
available to all residents within the development.
Town of Tiburon Ordinance No. 573 N.S. Effective 07/07/20/7 Page 54
Article 7. Condominium Conversions
14-7.701 Condominium and Other Projects.
(a) All condominium subdivisions are required to comply with zoning permit provisions set forth in
Chapter 16 of the Tiburon Municipal Code, prior to the approval of any application for a subdivision.
(b) A map of a condominium project need not show the buildings or the manner in which the buildings
or the airspace above the property shown on the map are to be divided. Approval of a tentative, parcel
or final map of a condominium project shall not be denied on account of the design or location of
buildings which are not in violation of town ordinances or on account of the manner in which airspace is
to be divided in conveying the condominium. Fees and lot design requirements shall be computed and
imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown
thereon as included in the project.
14-7.702 Conversions.
The conversion of existing buildings into a condominium project shall, in addition to all other
requirements set forth in the Tiburon Municipal Code, comply with the provisions of sections 66427.1
and 66427.2 of the Government Code. The conversion of a mobile home park to a condominium or
other use shall, in addition to all other requirements set forth in the Tiburon Municipal Code, comply
with the applicable provisions of sections 66427.4 and 66428.1 of the Government Code.
Article 8. Covenant of Easement
14-8.801 General Provisions.
The method of creation of easements authorized by this chapter shall be in addition to any other
method allowed by law.
14-8.802 Creation of Easement.
An easement may be created pursuant to this article by a recorded covenant of easement made by an
owner of real property to the Town of Tiburon, in accordance with the procedures set forth in this
chapter.
14-8.803 Purposes of Easement.
An easement created pursuant to this chapter may be for one (1) or more of the following purposes:
(a) Parking.
(b) Ingress and egress.
(c) Emergency access.
(d) Light and air access.
Town of Tibwron Ordinance No. 573 N. S. Effective 07/07/2017 Page 55
(e) Landscaping.
(f) Open space.
(g) Access to and/or operation and maintenance of a stormwater treatment measure.
14-8.804 Common Ownership.
At the time of recording of the covenant of easement, all the real property benefited or burdened under
it shall be in common ownership.
14-8.805 Contents of Covenant.
A covenant of easement recorded pursuant to this article shall be executed by the owner of the
burdened property and shall include all of the following:
(a) A legal description of the real property to be subject to the easement.
(b) A legal description of the real property to be benefited by the easement.
(c) Identification of the Town approval, permit or designation which was granted in reliance upon
recordation of the covenant or for which recordation of the covenant is or was a requirement.
(d) A description of the purpose(s) of the easement.
14-8.806 Acceptance by Town Council
The Town Council may accept a covenant of easement as described in this chapter when such an
easement, when offered voluntarily or when required by a condition of a land use approval, permit or
this chapter, is first reviewed and approved by the Town Attorney.
14-8.807 Recordation.
The covenant of easement shall be recorded in the Marin County Recorder's Office. A copy of the
recorded document shall be provided to the Town Manager, Town Clerk, and Director of Community
Development.
14-8.808 When Effective.
(a) The covenant of easement shall be effective when recorded and shall act as an easement
pursuant to California Civil Code Title 2, Part 2, Division 2, Chapter 3 (commencing with Section 801),
except that it shall not merge into any other interest in the real property.
(b) From and after the time of its recordation, the covenant shall impart notice thereof to all persons
to the extent afforded by the recording laws of the State of California.
14-8.809 Enforceability.
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Upon recordation, the burdens of the covenant shall be binding upon, and the benefits shall inure to, all
successors in interest to the affected real property. Nothing in this article shall create in any person
other than the Town of Tiburon and the owner of real property benefited or burdened by the covenant
standing to enforce or to challenge the covenant or any amendment to it or release from it.
14-8.810 Release of Covenant.
Pursuant to and in accordance with the provisions hereinafter set forth in this article, the Town Council
may approve and authorize recordation of a release of a covenant of easement.
14-8.811 Petition for Release.
A petition for release of a covenant of easement may be made by any person whether or not that
person has title to the real property, and shall be filed in writing with the Director of Community
Development on a form furnished by the Director. The form of the petition and the information required
to be set forth in them shall be prescribed by the Director. The Director shall not accept any such
petition for filing unless:
(a) All information and data is set forth and shown as required by the form;
(b) The petition is verified by the party making the petition; and
(c) The applicable filing fee has been paid.
14-8.812 Fees.
The fee for filing a petition for release of a covenant of easement pursuant to this article shall be as set
forth in the applicable Town fee schedule(s).
14-8.813 Hearing by Town Council.
(a) Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by
the Director of Community Development, the Director shall set a date for the public hearing by the
Town Council. The date of hearing shall be not less than twenty (20) nor more than sixty (60) days after
the date the application was accepted as complete by the Director. Notice shall be provided in
accordance with applicable law.
(b) The Director shall provide a report and recommendation to the Town Council. In addition, the
Director shall file with the Town Council at its hearing all relevant papers, documents, and exhibits.
Within forty-five (45) days after the Town Council has concluded its hearing, it shall, by resolution, set
forth its findings and decision on the matter. The Town Council may decide to grant the petition,
conditionally grant the petition or deny the petition.
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(c) The decision of the Town Council shall be final on the date of adoption of a resolution setting forth
its findings and decision.
14-8.814 Findings.
The Town Council may grant the petition for release of the covenant of easement only upon a finding
that the restriction of the property is no longer necessary to achieve the land use goals of the Town.
14-8.815 Release to Be Recorded.
Within fifteen (15) days after the action of the Town Council in granting a petition for release has
become final, the Director shall cause the release to be recorded in the Marin County Recorder's
Office, and a copy of the recorded document shall be provided to the applicant and the Town Manager,
Town Clerk, and Town Attorney.
Article 9. Notice of Violation
14-9.901 Tentative Notice of Violation.
Whenever the Director finds that any real property may have been divided, or any boundary line of any
parcel relocated, in violation of this chapter, he or she shall cause to be mailed, by certified mail to the
then current owner of record of the property, a notice of intent to record a notice of violation. Such
tentative notice of violation shall contain the following:
(a) Property description. A description of the real property;
(b) Record owner. The name(s) and address(es) of the owner(s) of record;
(c) Violations. A description of the violation(s) alleged;
(d) Explanation. An explanation as to why the subject parcel is not lawful under the
relevant provisions of this chapter and the Subdivision Map Act, specifically Sections 66412.6(a) and
(b); and
(e) Notice of meeting. A notice setting forth the time, date and place where the Planning
Commission will conduct a meeting to consider the possible violation(s) of this chapter.
14-9.902 Response by Owner.
Within fifteen (15) days of receipt of the tentative notice of violation described in section 14-
9.901, the property owner of record shall inform the 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.
14-9.903 Opportunity to Present Evidence.
The meeting described in section 14-9.901 shall be conducted no less than thirty (30) days,
and no more than sixty (60) 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
Town of Tiburon Ordinance No. .573N. S. Effective 07/07/2017 Page 58
a notice of violation should not be recorded.
14-9.904 Action by Planning Commission.
After the owner has had the opportunity to present evidence at the meeting, the Planning
Commission shall take either of the following actions:
(a) Clearance letter. Determine that there has been no violation and instruct the Director to
mail a clearance letter to the then current owner of record; or
(b) Notice of violation. Determine that the property has in fact been illegally divided and
instruct the Director to record a notice of violation with the county recorder.
14-9.905 Appeal.
The decision of the Planning Commission may be appealed to the Town Council within ten (10) days of
the decision in accordance with the appeal procedures in Article 6 of Chapter 16.
14-9.906 Alternative Remedies.
The provisions of this article do not limit the legal remedies available to the town for violation of
this chapter. Such remedies include, but are not limited to, an action to restrain or enjoin activities
inconsistent with this chapter of the Subdivision Map Act.
Section 4. 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 5. 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.
Torun of Tibamon Crdinonce No. 573 N. S. Effective 07/07/2017 Page 59
This ordinance was introduced at a regular meeting of the Town Council of the Town
of Tiburon on May 17, 2017, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on June 7, 2017, which was noticed pursuant to relevant sections of the
California Government Code, by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell, Tollini
NAYS: COUNCILMEMBERS: None
i
ABSENT: COUNCILMEMBERS: One Vaccan iSeat
JIMF �R, MAYOR
TO O TIBURON
ATTEST: `
LEA STE ANI, TOWN CLERK
Town of Tiburon Ordinance No. 573 N.S. Effective 07107/2017 Page 60