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HomeMy WebLinkAboutTC Agd Pkt 2012-08-01 (2)Town Council Meeting .q, TOWN OF TIBURON ~ 1505 Tiburon Boulevard August 1, 2012 Tiburon CA 94920 Agenda Item: P# To: Mayor and Members of the Town Council From: Police Department Community Development Department Town Attorney's Office Subject: Recommendation to Amend Title VI, Chapter 23 (Motor Vehicles and Traffic) of the Tiburon Municipal Code to Prohibit Parking and Standing of Mobile Vendors on Certain Streets During Certain Hours Near Reed Union and St. Hilary Schools ILI Reviewed By: BACKGROUND In June, 2012 the Town received a letter (Exhibit 1) written at the direction of the Reed Union School District Board of Trustees by District Superintendent, Dr. Steven Herzog, requesting the Town take action to prohibit ice cream trucks from selling their products near schools. St. Hilary School representatives informed the Town that they also would support a similar prohibition on the streets surrounding St. Hilary School. As noted in their letter, the Reed School officials believe the trucks pose a hazard for congregating children, particular because the truck comes at dismissal time when there is a great deal of pedestrian and vehicular traffic in the area. They also note concerns about the poor nutritional value of the products offered. Section 23-6 of the Town's Municipal Code regulates all mobile food vendors, including ice cream trucks. The ordinance prohibits such vendors from parking for more than ten minutes, but does not limit their right to make sales near schools. Staff has prepared a draft ordinance (Exhibit 2) for Town Council's consideration that responds to the School District's request. It prohibits ice cream trucks and other mobile food vendors from parking in the immediate vicinity of schools. The substantive changes are indicated in Exhibit 3 in bold type. Should the Council move to adopt the recommendations and amend the municipal code, the police department will contact and advise vendors before undertaking any enforcement action. Subsequent violations could result in an administrative citation and a fine approximating $150.00 for each violation. TOWN OF TIBURON PAGE 1 OF 2 2-012-1 A.l,igLIS't, 1., FINANCIAL IMPACT There is no financial impact associated with this proposed action. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and consider any testimony. 2. Move to read by title only and introduce the ordinance, waiving any additional readings. Exhibits: 1. Letter from Reed Union School District dated June 22, 2012 2. Draft Ordinance amending Section 23-36 of the Municipal Code 3. Comparison of proposed code section with existing regulations 4. E-mail from Jan Arrick dated July 24, 2012 Prepared By: Michael Cronin, Chief of Police S:IAdministrationITown CouncillStaff Reports 12012Wugust I Drafts Mobile vendors staff reportfinal,doc o , Teach June 22, 2012 DIGEST REED UNION SCHOOL DISTRICT" 277 A Karen Way • Tiburon, CA 94920 e tel: 415.381.1112 • fax: 415.384.0890 www.i-eedschools.org RECEIVED JUN 2 5 2012 Board of Trustees Howard Block Nancy O'Neill Susan Lambe Peitz Robert Scannell Dana Linker Steele TOWN MANAGERS OFFICE Ms. Peggy Curran, Manager TOWN OFTIBURON Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 RE: Safety of Food Trucks Operating in the Vicinity of School Sites Dear Peggy: Dr. Steven Herzog Superintendent John C. Frick Business Manager During the past two years I have received parent requests to remove the food truck selling ice cream and candy to Del Mar students at the end of each school day. This vendor regularly parks near the driveway to Del Mar Middle School on Avenida Miraflores. When I contacted you and Chief Cronin to discuss the situation, you suggested I work with the Reed Union School District Board of Trustees to make a formal request of the Town to change the zoning ordinance. The Board of Trustees and I share a concern for the safety of students who congregate around the truck at the end of the school day. Though the truck typically parks on the same side of the street as the school, there is a tremendous volume of traffic congestion in this area at dismissal time. Students. have, been observed running back and forth to the truck from the opposite side of the street, which is certainly a risky move. Several members of our parent community recently attended a Board meeting and spoke during public comment not only about the traffic safety issues, but also expressed concerns about the poor nutritional value of the products offered by the food truck vendor. At our Board meeting on June 19, 2012 the Board of Trustees discussed their concerns for the safety of students in this congested area of Del Mar's campus. The result of that discussion was direction to me to write you a formal request for the Town of Tiburon Council to modify existing ordinances to prohibit food vendor trucks within a given distance of our schools. Recently the Novato City Council supported a similar appeal and now prohibits any food vendors from parking within 1500 feet of any Novato school campus. Please contact me at your earliest convenience so that we can collaborate with the Town of Tiburon to address this situation. Thank you. Dr. Steven Herzog Superintendent ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE VI1 CHAPTER 23 OF THE TIBURON MUNICIPAL CODE (MOTOR VEHICLES AND TRAFFIC) The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town Council has held a public hearing on August 1, 2012, and has heard and considered any and all public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. D. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. E. The Town Council finds that this is not a "project" as defined by the California Environmental Quality Act. Section 2. Amendment to Title VI, Chapter 23, Section 23-36. Title VI, Chapter 23, Section 23-26 of the Tiburon Municipal Code is amended to read as follows: 23-36 UNLAWFUL PARKING - PEDDLERS, VENDORS (a) No person shall stand or park any vehicle, wagon or pushcart (including lunch wagons or eating cars) from which goods, wares, merchandise or food are offered for sale, barter or exchange (collectively, "Mobile Vendor"), on any portion of any street within the town except as expressly allowed by this section. (b) Subject to the exceptions set for in subsection 23-36(c), a Mobile Vendor may stand or park at the request of a bona fide purchaser for a period ~FTT . TT. Town of Tiburon Ordinance No. N.S. Effective --/--/2012 Page of time not to exceed ten minutes at any one place. The driver of any Mobile Vendor making this type of stop shall bring the vehicle to a complete stop and park adjacent to the curb as required by Vehicle Code section 22455. The provision of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. (c) No person shall stand or park any Mobile Vendor from which consumable goods, wares, merchandise or food are offered for sale, barter or exchange, on any of the following portions of any street between the hours of 7:00 AM and 5:00 PM on any weekday: (1) Karen Way in its entirety (2) Corte San Fernando in its entirety (3) Corte Palos Verdes in its entirety (4) Corte Las Casas in its entirety (5) Reed Ranch Road between Corte Las Casas and Via Capistrano (6) Blackfield Drive between Reedland Woods Way and Via Capistrano (7) Claire Way in its entirety (8) Leland Way in its entirety (9) Kleinert Way in its entirety (10) Ned's Way in its entirety (11) Lyford Drive between Tiburon Boulevard and Roundhill Road (12) Tiburon Boulevard between Mar West Street and Ned's Way (13) Rock Hill Road between Tiburon Boulevard and Delmar Drive (14) Hawthorne Drive in its entirety (15) Hilary Drive between Maravista Court and its southerly end at the St. Hilary Church gated entrance (16) Hilary Drive from the intersection of Theresa Court to its end northwest of Howard Drive (17) Howard Drive between Hilary Drive and Rowley Circle (18) Rowley Circle in its entirety Town of Tiburon Ordinance No. N.S. Effective --/--/2012 Page 2 (19) Avenida Miraflores between Tiburon Blvd. and Francisco Vista Court (20) Pine Terrace in its entirety (21) Fe-lipa Court in its entirety (22) Tiburon Boulevard between McCart Court and the north end of the Golden Gate Transit bus stop located approximately 300 feet north of Avenida Miraflores. (d) No person shall park or stand any vehicle used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle without first obtaining a written permit to do so from the town traffic engineer which shall designate the specific location where such vehicle may stand. Such permits may be revoked for cause, including parking in unauthorized locations, by the town traffic engineer. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on August 1, 2012, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on August 15, 2012, which was noticed pursuant to relevant sections of the California Government Code, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: Town of Tiburon Ordinance No. N.S. Effective --/--/2012 Page 3 ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. N.S. Effective --/--/2012 Page 23-36 UNLAWFUL PARKING - PEDDLERS, VENDORS led (a) Em t th -wi in this se ti h ll t d k h i l eep as o er A wagon or- pusheaft (ineluding luneh w mefehandi - f ff r-ed for- s d e en no per-son agons or- eating ear-s) fie ale baft r- - h s a s a m whieh n or- par any ve goods, , f ti t t e e, ithi se or oo are e e this tevvn eme t th eh vehiele w t , e er exe ange, e a ens er- sh A n any pe t d - en e my s f ree k l t th w n t ep su , a g pu ea s may s an er p ar en y a e req ues e f hi l ki thi t f t h ll b i th hi l t l t t d k e any ve e e ma ng s ype o s e adjaeent to the r-b s re uired b V p s a r ng e ve e e ehiele Code ti 2245 e a eem Th 5 p e e s ep an par " i f thi b fi eu a q y shall n t l t d li i see en h ti l d . e pr- f b s su 4 ith see en e app y o per-sems- e ver ng e stemer from n store er ether- fixed p sue af e es upen er lane of business "r distfi er- y b tiop a,. eeffleH w -a gr- (a) No person shall stand or nark any vehicle, wagon or pushcart (including lunch wagons or eating cars) from which goods, wares, merchandise or food are offered for sale, barter or exchange (collectively, "Mobile Vendor"), on any portion of any street within the town except as expressly allowed by this section. (b) No person h l k be ■ised i d d or intende or- ta d an v hi d t l th s a l par f tr-ans eftati f - A s n y e Ii~GTiLTGC o ~T Tr e e use n e - hi o t t hil iti t f h hi o p en o pr epe y witho t fi t bt i i i r re n any s ree w e awa ng pa fenage or- sue ve . it t d f tt th t E t ffi hi h u rs o a n ng a wr o e se fem en pefm e emp n r-a r- w e S 4-0 in • nn»se ir+i+l~idtn~r ea se -ki ir,n~i4~horir~ed loi,n4ions b +o~rp 4rn ffin er, nri veer th u l par ng , . y e b) Subiect to the exceptions set for in subsection 23-36(c), a Mobile Vendor may stand or park at the request of a bona fide purchaser for a period of time not to exceed ten minutes at an y one lace. The driver of any Mobile Vendor making this type of stop shall brine the vehicle to a complete stop and park adjacent to the curb as required by Vehicle Code section 22455. The provision of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution. C) No person shall stand or park any vehicle, wagon or pushcart (including lunch wagons eating cars, ice cream trucks) from which goods, wares, merchandise or food are offered for sale, barter or exchange, on any of the following portions of the below listed streets or highways or any adjacent portion of public or private property between the hours of 7:00 AM and 5:00 PM on any day in which students are in attendance in a public or private school engaged in the education of children in any grade from kindergarten through eighth grade. (1) Karen Way in its entirety (2) Corte San Fernando in its entirety (3) Corte Palos Verdes in its entirety 23-36 w-additions & deletions (4) Corte Las Casas in its entirety (5) Reed Ranch Road between Corte Las Casas and Via Capistrano (6) Blackfield Drive between Reedland Woods Way and Via Capistrano (7) Claire Way in its entirety (8) Leland Way in its entirety (9) Kleinert Way in its entirety (10) Ned's Way in its entirety (11) Lvford Drive between Tiburon Boulevard and Roundhill Road (12) Tiburon Boulevard between Mar West Street and Ned's Way (13) Rock Hill Road between Tiburon Boulevard and Delmar Drive (14) Hawthorne Drive in its entirety (15) Hilary Drive between Maravista Court and its southerly end at the t. Hilary Church gated entrance (16) Hilary Drive from the intersection of Theresa Court to its end northwest of Howard Drive (17) Howard Drive between Hilary Drive and Rowley Circle (18) Rowley Circle in its entirety (19) Avenida Miraflores between Tiburon Blvd. and Francisco Vista Court (20) Pine Terrace in its entirety (21) Felipa Court in its entirety (22) Tiburon Boulevard between McCart Court and the north end of the olden Gate Transit bus stop located approximately 300 feet north of Avenida Miraflores. d) No person shall park or stand anv vehicle used or intended to be used in the y for hire on any street while awaiting patronage for such vehicle transportation of propert without first obtaining a written permit to do so from the town traffic engineer which shall designate the specific location where such vehicle may stand. Such permits may be revoked for cause, including parking in unauthorized locations, by the town traffic engineer. 23-36 w-additions & deletions Page 1 of 1 Scott Anderson From: Sent: Tuesday, July 24, 2012 12:02 PM To: Scott Anderson Subject: Question About the Proposed Food Truck Ordinance Dear Scott, I am one of the parents interested in banning the ice cream truck from around the Tiburon schools. I read the proposed ordinance for the ban (yea! so happy this issue is moving forward!), and noticed that Reed Ranch Road is not listed as one of the "banned" streets between 7 am and 5 pm. Could this be an oversight? The portion of Reed Ranch Road between Via Capistrano and beyond Corte Las Casas is very close to Bel Aire School, and it connects Corte Palos Verdes and Corte Las Casa, which are both listed as "banned" streets. In addition, Reed Ranch Road is a prime drop off/pick up spot after school, since Corte Palos Verdes was closed to school drop off/pick up traffic last year for safety reasons. I happen to live at 2 Corte Palos Verdes, on the corner of Reed Ranch Road, so I'm very familiar with the school traffic patterns. There are many cars and kids (and a crossing guard) at this intersection, and I don't think, looking at the spirit of the ordinance, that the town would want to allow food trucks to park here. In fact, currently, when the ice cream truck leaves Del Mar school, the driver makes a bee line to the corner or Reed Ranch Road and Corte Palos Verdes to try to catch a few Bel Aire kids. This strategy works well for him on Thursdays when the Bel Aire students are released 10 minutes after the Del Mar students, rather than 10 minutes earlier. Could you please let me know if there is a possibility of a portion of Reed Ranch Road being included in the "banned" streets to food trucks between the hours of 7 am and 5 pm? And, is it a good idea to have support for the ban at the town council meeting? Should they be prepared to speak? Thanks so much, Scott! Sincerely, Jan Arrick 1~:AIIT NO. 7/24/2012 LATE MAIL #PJ 0 RESOLUTION NO. XX-2012 k-e A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING SITE PLAN AND ARCHITECTURAL DRAWINGS FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT ON PROPERTY AT 1501 AND 1505 TIBURON BOULEVARD ASSESSOR PARCEL NOS. 058-171-92.,93, & 94 AND A PORTION OF 058-171-62 WHEREAS, the Belvedere-Tiburon Library Agency ("Library Agency") has proposed to expand its existing 10,500 square-foot Belvedere-Tiburon Public Library building, which would increase the floor area of the building by 16,000 square feet to a total of 26,500 square feet (the "Project"); and WHEREAS, on February 1, 2012 the Town Council adopted Ordinance No. 537 N.S. establishing review and decision-making procedures for this Project. The ordinance exempts the Project from provisions of the Zoning Ordinance but requires the Town Council to review the site plan and architectural drawings for the project at a public meeting prior to any approval; and WHEREAS, on July 25, 2012, the Town Council held a public meeting to review the site plan and architectural drawings for the Project; and WHEREAS, an environmental impact report was prepared for the Project and on October 5, 2011 was certified as having been completed in compliance with the California Environmental Quality Act and applicable local guidelines; and WHEREAS, after hearing all testimony and reviewing all documents on the record, the Town Council found that the Proj ect, as conditioned, is consistent with the goals and objectives of the Tiburon General Plan and is in compliance with criteria of review and other provisions set forth in Ordinance No. 537 N. S; and WHEREAS, the Town Council certified an environmental impact report for the Library Expansion project on October 5, 2011 and has determined that no additional environmental review is required for this trailing-permit. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the site plan and architectural drawings for the Project, subject to the following conditions: 1. All conditions of approval and mitigation measures contained in and/or adopted by Town Council Resolution 55-2011 are fully incorporated herein by reference, with the exception of Condition No. 1 of said Resolution, that condition having been determined by the Town Council to be satisfied in the design drawings approved herein. Town Council Resolution No. XX-2012 --1--12012 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting August 1, 2012 Agenda Item: / Subject: 1501 & 1505 Tiburon Boulevard: Review and Consider for Approval the Site Plan and Architectural Drawings for the Belvedere-Tiburon Public Library Expansion Project; File #S2012-07; Belvedere-Tiburon Library Agency and Town of Tiburon, Owner/Applicants; Assessor's Parcel Nos. 058-1-71-929 939 & 94 and a portion of 058-171-62 Reviewed By: BACKGROUND The Town Council heard considerable testimony on this item at its meeting of July 25, 2012, closed the public comment section of the hearing, and continued the item to the meeting of August 1, 2012 after providing direction to the Library Agency and Town staff. The Council's direction is summarized as follows: 1. The Founder's Room portion of the proposed expansion should be moved back slightly from Tiburon Boulevard. The square footage need not be reduced if widening or other reworking is possible. 2. The Tiburon Boulevard entry to the Library should be modified to reduce a cluttered appearance from the Town Plaza and to enhance its prominence and visibility as a major entrance to the building. 3. In an attempt to widen the view corridor in order to increase views of the backdrop as seen from Landmarks Photo Display Station #6, the Library shall explore options for reduction or movement of the Teen Area portion of the addition. The extent of potentially increased preservation of scenic views from Station #6 shall be ascertained, and the corresponding effects on program space shall be described. ANALYSIS Staff concludes that the first two items above could be effectively addressed as additional conditions of approval for the application, and suggests that condition #3 of the draft Resolution be modified to read as follows (changes highlighted): TOWN OF TIBURON PAGE 1 OF 2 i s Sri [I \ ; ? k. t . A. 3. The Project shall be in substantial conformance with the Site Plan, Floor Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette (15 sheets, dated July 5, 2012), modified as follows: a The Founder's Room portion of the proposed expansion shall be moved back from Tiburon Boulevard approximately two feet, attempting to do so without reducing the square footage of the room. b The Tiburon Boulevard entry to the project shall be modified to reduce a cluttered appearance arising from numerous other nearby doorways, and to enhance its prominence and visibility as a major public entrance to the building. These two modifications shall be approved on a ministerial basis by the Director of Community Development. The above-referenced drawings as modified herein, constitute the approved site plan and architectural drawings for the Project. Said drawings plans are on file and available for public review at Tiburon Town Hall during regular business hours. Any future substantial modification to the approved drawings pis, as determined in the reasonable discretion of the Director of Community Development, shall nntst-receive Town Council approval. A draft Resolution incorporating this revised condition is attached as Exhibit 1. The third item, involving potential stepping back or modification to the Teen Area portion of the Library expansion, in order to widen the view corridor between the buildings and increase views to the backdrop, will require additional Town Council consideration once materials are prepared to assess the potential effectiveness and impact of yet-to-be-determined modifications. STAFF RECOMMENDATION Following the verbal staff report and a presentation by the Library Agency, the Town Council should: 1. Consider whether modifications to the Teen Area portion of the addition should be required. 2. Consider adoption of the draft resolution approving the site plan and architectural drawings for the project subject to the conditions set forth therein, making any amendments to the resolution as deemed appropriate to address the view corridor expansion issue. EXHIBITS 1. Draft resolution of conditional approval Prepared By: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 2 OF 2 RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING SITE PLAN AND ARCHITECTURAL DRAWINGS FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT ON PROPERTY AT 1501 AND 1505 TIBURON BOULEVARD ASSESSOR PARCEL NOS. 058-171-92, 93, & 94 AND A PORTION OF 058-171-62 WHEREAS, the Belvedere-Tiburon Library Agency ("Library Agency") has proposed to expand its existing 10,500 square-foot Belvedere-Tiburon Public Library building, which would increase the floor area of the building by 16,000 square feet to a total of 26,500 square feet (the "Project"); and WHEREAS, on February 1, 2012 the Town Council adopted Ordinance No. 537 N.S. establishing review and decision-making procedures for this Project. The ordinance exempts the Project from provisions of the Zoning Ordinance but requires the Town Council to review the site plan and architectural drawings for the project at a public meeting prior to any approval; and WHEREAS, on July 25, 2012, the Town Council held a public meeting to review the site plan and architectural drawings for the Project; and WHEREAS, an environmental impact report was prepared for the Project and on October 5, 2011 was certified as having been completed in compliance with the California Environmental Quality Act and applicable local guidelines; and WHEREAS, after hearing all testimony and reviewing all documents on the record, the Town Council found that the Project, as conditioned, is consistent with the goals and objectives of the Tiburon General Plan and is in compliance with criteria of review and other provisions set forth in Ordinance No. 537 N. S. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the site plan and architectural drawings for the Project, subject to the following conditions: 1. All conditions of approval and mitigation measures contained in and/or adopted by Town Council Resolution 55-2011 are fully incorporated herein by reference, with the exception of Condition No. 1 of said Resolution, that condition having been determined by the Town Council to be satisfied in the design drawings approved herein. 2. Prior to issuance of a building permit, the Library Agency and Town of Tiburon shall enter into an agreement regarding reciprocal access and use rights in the parking lot; maintenance of shared facilities and grounds, and any other matters deemed necessary or appropriate by the Town Attorney. Town Council Resolution No. XX-2012 4--12012 E)kKIBIT NO.,~, 3. The Project shall be in substantial conformance with the Site Plan, Floor Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette (15 sheets, dated July 5, 2012), modified as follows: a. The Founder's Room portion of the proposed expansion shall be moved back from Tiburon Boulevard approximately two feet, attempting to do so without reducing the square footage of the room. b. The Tiburon Boulevard entry to the project shall be modified to reduce a cluttered appearance arising from numerous other nearby doorways, and to enhance its prominence and visibility as a major public entrance to the building. These two modifications shall be approved on a ministerial basis by the Director of Community Development. The above-referenced drawings, as modified herein, constitute the approved site plan and architectural drawings for the Project. Said drawings are on file and available for public review at Tiburon Town Hall during regular business hours. Any future substantial modification to the approved drawings, as determined in the reasonable discretion of the Director of Community Development, shall receive Town Council approval. 4. The Project shall be in substantial conformance with the Site Plan, Floor Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette (15 sheets, dated July 5, 2012), which constitute the approved site plan and architectural drawings for the Project. Said plans are on file and available for public review at Tiburon Town Hall during regular business hours. Any substantial modification to the plans, as determined in the reasonable discretion of the Director of Community Development, must receive Town Council approval. 5. Prior to any work on the site, the Library Agency must apply for and the Town Building Official must review and issue any building permits required by law pursuant to an approved development application. Project elements shown on building permit drawings submitted to the Building Division for plan check shall be essentially identical to those project elements shown on drawings approved by the Town Council, as amended by this Resolution. The Library Agency is responsible for clearly identifying on building permit drawings any and all changes to project elements. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the drawings. A list describing in detail all such changes shall be submitted and attached to the building permit drawings, with a signature block to be signed by the Planning Division Staff member indicating whether these changes have been reviewed and are approved, or will require additional review prior to approval. Any such changes that Town Council Resolution No. Xx-2012 --1--12012 2 have not been explicitly approved by the Town shall not be "deemed approved" if not highlighted and listed on building permit drawings. Construction of any such un-approved project elements is in violation of permit approvals and may be subject to Stop Work Orders and removal. 6. A copy of the Planning Division's "Notice of Action" including the attached "Conditions of Approval" for this project shall be copied onto a plan sheet at the beginning of the plan set(s) submitted for building permits. 7. With submittal of the building permit application, the Library Agency shall comply with the Town's Flood Damage Prevention Ordinance (Chapter 13D of the Municipal Code). Applicant shall submit to the Building Official for review and acceptance a Flood Elevation Certificate prepared consistent with current FEMA regulations demonstrating that the Library addition and the existing Library building lowest floor elevations are at or above 11 feet NAVD of 1988 and would comply with the Town's Flood Damage Ordinance provisions. Alternatively, the Library Agency may submit an approved Letter of Map Amendment (LOMA) from FEMA indicating that the project is not located in the 100-year flood hazard zone. 8. A construction sign shall be posted on the site during construction of the Project, in a location plainly visible to the public. The sign shall be 24" x 24" in size and shall be made of durable, weather-resistant materials intended to survive the life of the construction period. The sign shall contain the following information: job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code; builder (company name, city, state, ZIP code); construction manager (name and phone number); and emergency contact (name and phone number reachable at all times). The sign shall be posted at the commencement of work and shall remain posted until the contractor has vacated the site. 9. Prior to under-floor inspection, a certified survey of the structure foundation will be required. Required documents shall include: 1) graphic documentation accurately locating the building on a site plan; 2) specific distances from property lines and other reference points to the foundation as appropriate; and 3) elevations relative to mean sea level of the foundation walls and slabs. No additional progress inspections will be provided until the survey results have been verified. 10. Prior to the issuance of final building inspection sign-off or certificate of occupancy, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Division field inspection prior to final sign-off. 11. All exterior lighting fixtures must be downlight type fixtures. Reduced lighting along exterior walkways behind the Library shall be required. Final exterior lighting shall be subject to ministerial approval of the Planning Division prior to issuance of a building permit. Town Council Resolution No. Xx-2012 --1--12012 3 12. All skylights (if any) shall be bronzed or tinted in a non-reflective manner (minimum 25%) and no lights shall be placed in the wells. 13. The habitat fence between the project and Railroad Marsh shall be modified and shall loop back to the Marsh and effectively "close"' as generally shown on annotated Sheet L1.0, attached as Exhibit A hereto. At least two controlled entry gates shall be installed in this fence in locations subject to the approval and control of the Town for access and maintenance purposes. Proposed signage for the 3 foot high buffer fence between the project and Railroad Marsh shall be submitted with the building permit application and shall be shown on the drawings for review and approval. 14. The Library Agency shall pay the costs for all Town Hall sign relocation expenses as well as for any new Town Hall identification signs required as part of the parking lot relocation. 15. Proposed sidewalk access from the relocated Zelinsky Park to the adjacent Main Street Parking (MSP) Lot at 1525 Tiburon Boulevard must receive approval from MSP for any improvements onto its property. No such sidewalk access shall cause any parking spaces in the MSP parking lot to be eliminated. 16. All signage (including relocated signage) associated with the project shall be subject to provisions of Chapter 16A of the Tiburon Municipal Code and shall receive Sign permit approvals from the Town as required. 17. The flagpole between Town Hall and the Library shall be relocated on the site to the satisfaction of the Town at the Library Agency sole expense. 18. A minimum of four (4) parking spaces in the new parking lot shall be designated for Town vehicles to the satisfaction of the Town. 19. All requirements of the Town Engineer shall be met, including, but not limited to, the following, which shall be noted on building plan check plans: a. Prior to any work on the site, the Library Agency must apply for and the Town Engineer must review and approve an encroachment permit for any work associated with the project that is proposed on Town land or Town street right-of-way. b. The public right-of-way and Town-owned property shall be protected from damage during construction, or repairs shall be made to the satisfaction of the Tiburon Public Works Department. C. A roof shall be installed above the trash enclosure to prevent storm water and wind from penetrating dumpsters and possibly Town Council Resolution No. XX- 2012 --1--12012 4 contaminating the dumpster contents and/or spilling onto the parking lot and street. An area drain shall be installed and connected to the sanitary sewer system. d. The eight Laegerstromia trees proposed to be removed from the Zelinsky Park area shall be replanted within the reconfigured Zelinsky Park where practicable. e. Consideration shall be given to reuse the existing bicycle racks around Town Hall instead of installing new racks. f. Site drainage plans shall be developed for review and approval by the Public Works Department prior to issuance of building permits for the project. 20. The Project shall comply with all applicable requirements of the Tiburon Fire Protection District, including but not limited to the following: a. An additional fire hydrant shall be installed on Tiburon Boulevard near the Pedestrian Plaza between Town Hall and the proposed expansion. b. The proposed parking lot is required to provide the required minimum fire apparatus access, with a minimum 20 feet in unobstructed width throughout the "U" shaped driving portion of the lot. The curve at the rear of the parking lot shall have a minimum 20 foot inside radius. C. Properly illuminated pathways confonning to the requirements for exist egress shall be required from all exists to the public way. d. The structure shall have installed throughout an automatic fire sprinkler system. The system design, installation and final testing shall be approved by the District Fire Prevention Officer. e. The vegetation on this parcel shall comply with the requirements of the Tiburon Fire Protection District and the recommendations of Fire Safe Marin. 21. The Library Agency shall comply with all applicable requirements of the Marin Municipal Water District, including but not limited to those set forth in the letter dated June 20, 2012, attached as Exhibit B hereto. 22. The final landscape and irrigation plans for the project must comply with the current water efficient landscape requirements of MMWD and are subject to the following: a. The construction plans submitted to the Town for the issuance of a building permit/grading permit must be pre- Town Council Resolution No. XX-2012 --1--12012 5 approved by MMWD with the submitted plans stamped as approved by MMWD. b. The building permit application must be accompanied by a letter from MMWD approving the landscape and irrigation plans. C. If the MMWD-approved plans substantially differ from the Town-approved plans, these differences may require additional review through the Town's design review permit process and/or a revision to the Town's permit. d. The Library Agency is responsible for contacting MMWD for all inspections, approval and sign-off on landscape and irrigation installation. Upon approval, MMWD shall issue a Certificate of Completion, which must be submitted to the Planning Division before building permit final sign-off or a Certificate of Occupancy is issued by the Tiburon Community Development Department. 23. The Library Agency shall obtain a permit from Sanitary District No. 5 and pay all applicable fees prior to connection of the addition to the sewer main. After connection to the sewer main but prior to commencement of discharge and prior to covering of the pipe, the District shall be contacted and allowed to inspect the connection for conformance to standards. The project sponsor shall comply with all other applicable requirements of Sanitary District No. 5. 24. All reasonable requirements of the Sewerage Agency of Southern Marin with respect to its sanitary sewer easement across the subject property shall be met. 25. Prior to issuance of a building permit, the Library Agency shall provide a copy of all Caltrans encroachment permits necessary to complete the portions of the project located within Tiburon Boulevard right-of-way. 26. If this approval is challenged by a third party, the Library Agency will be responsible for defending against this challenge. By acceptance and exercise of this approval, the Library Agency agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 27. This approval shall be used within five (5) years of the approval date, and shall become null and void unless a building permit has been issued or an extension has been granted by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2012, by the following vote: Town Council Resolution No. XX-2012 --1--12012 6 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Exhibits: Exhibit A: Drawing of Approved Realignment of Habitat Fence Exhibit B: Letter from Marin Municipal Water District dated 6/20/2012 S.•IAdrninistrationlTown CouncillStaffReports12012August 1 DraftslLibrary project.resov2.doc Town Council Resolution No. XV-2012 --1--12012 7 w o E L) U1 0 W r~ t I o ~ age N Zwg y ~ I I i I aag gin N I I v R Y O 2 D ~ ~ t 7 c J y y ~ w u Y = ~ D 0L / \ \ l~ Y^ V\\1 ^J ~ 'y ~R b ° g 3 C~ ~ Dunn dd sg--Xekttt.. ell a -3 EXHIBIT M,kRIN MUNICIPAL WATER DISTRICT 220 Nellen Avenue Corte Madera CA 94925-1169 www.marinwater.org June 20, 2012 Service Nos. 60960 & 61737 Dan Watrous Town of Tiburon Planning Dept 1505 Tiburon Blvd Tiburon CA 94920 E f RE: WATER AVAILABILITY- Belvedere-Tiburon Library Expansion > Assessor's Parcel No.: 058-171-94 and 058-171-62 1_. R 3SNG Location: 1501 Tiburon Blvd., Tiburon Dear Mr. Watrous: The above referenced parcels are currently being served. Service No. 60960 provides water to Parcel No. 058-171-94 for Belvedere-Tiburon Library. The proposed expansion will not impair the District's ability to continue service to this property. However, District records indicate the property is a~ operating above its annual water entitlement of 0.97 acre-feet. The purchase of an additions water entitlement will be required to meet the property's new demand. Service No. 61737 provides water to Parcel No. 058-171-62 for landscape irrigation. The proposed parking lot will not impair the District's ability to continue service to this property. However, the District owns and maintains facilities within an easement running through the parcel. The property owners reserve and shall have the right to revise the grade of the surface or the location of the easement if and when they shall first pay to the District the full expense of changing the grade or location of the pipeline(s) and other installations of the District therein. In the event of a change in grade, the District will determine if the grade change requires the raising or lowering of the pipeline or other installation. The District, in its sole discretion, shall determine all costs associated with the change in grade. If the property owners desire a change in the location of the easement, they shall first grant a suitable new easement acceptable to the District. Compliance with all indoor and outdoor requirements of District Code Title 13 - Water Conservation is a condition of water service. Indoor plumbing fixtures must meet specific efficiency requirements. Landscape plans shall be submitted, and reviewed to confirm compliance. The Code requires a landscape plan, an irrigation plan, and a grading plan. Any questions regarding District Code Title 13 - Water Conservation should be directed to the Water Conservation Department at (4 *15) 945- 1497. You can also find information about the District's water conservation requirements online at www.marinwater.org. Should backflow protection be required, said protection shall be installed as a condition of water service. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1559. If you have any questions regarding this matter, please contact me at (415) 945 -1531. Very truly yours, Joseph Eischens Engineering Technician , ,-T-31D m JE:mp cc: Town of Tiburon Building Dept recycled, recyclable TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Office of the Town Attorney Town Council Meeting August 1, 2012 Agenda Item: P X 6~ (6) Subject: 1501 and 1505 Tiburon Boulevard: Consider authorizing Town Manager to negotiate and execute an amendment to an Agreement with the Library Agency to convey approximately 16,000 square feet of land to Extend the Deadline and Require Exculpatory Clauses (portion of Assesso Parce1058-171-62) [Item continued from July 25, 20121 Reviewed By: BACKGROUND In July of 2007, the Town and the Library Agency entered into an Agreement to Convey Real Property (Exhibit 1) that would transfer a portion of the Town-owned parcel behind the existing library building to the Library Agency in order to accommodate its planned expansion. The Agreement provided, among other things, that (1) the Town would transfer the property after the Library Agency had raised sufficient funds to construct the project; and (2) if the Library Agency had not completed the fundraising for the project within six years, the Agreement would terminate. The six-year deadline will expire on July 5, 2013. Staff recommends that Town and Library Agency amend the Agreement to extend the deadline to correspond with the 5-year expiration date of the anticipated design approval. ANALYSIS At the July 25 Council meeting, the Council indicated that it would extend the Agreement's deadline. Staff recommends that the amendment to the Agreement also require the Library Agency to complete fundraising before it acquires the property, to reflect the Council's wish that the Library defer construction until it has raised the necessary funds. The amendment would revise Section LA, LB 1.C to read as follows: A. When BTLA has completed the design and raised sufficient funds to complete construction of the Project, it will so notify the Town in writing and provide evidence satisfactory to the Town that it possesses sufficient funds to complete construction in the form of cash, a guaranteed financial commitment from an institution, or a combination thereof. B. Within sixty (60) days of receiving said notice and evidence, Town will convey title to the Property to BLTA. The deed of conveyance will contain the conditions and restrictions set forth in this Agreement. TOWN OF TIBURON PAGE 1 OF 3 C. In the event that BLTA has not completed the design and fundraising for the Project and provided the Town with the notice and evidence specified within five (5) years of approval of site plans and architectural review, this Agreement shall terminate and be of no further force and effect. Section LD will remain unchanged. Council member Collins has also recommended that the Town add to the Agreement a provision requiring the Library Agency to include an "exculpatory clause" in all agreements relating to the design, construction and operation of the project. This clause would put third party contractors on notice that their contract with the Library Agency is binding on that agency only and they cannot look to the Town (or City of Belvedere) in the event of a dispute arising from the contract. I propose that the amendment to the Agreement include the following revised Section 3: 3. Indemnity; No Recourse Against Member Agencies: A. BLTA will indemnify, defend and hold harmless the Town and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement; (ii) the transfer of the Property pursuant to this Agreement; and (iii) the use of the Property. B. Any contract between BLTA and a third party for the design, construction or operation of the project shall contain the following exculpatory clause: The BTLA was organized as a Joint Powers Authority by a 1995 Joint Powers Agreement in accordance with California Government Code Section 6500 et seq. for the purpose of creating and operating the Belvedere-Tiburon Library, with all necessary power and authority conferred upon it as are provided to municipal libraries under Education Code Section 18900 et seq., and all other powers necessary to operate and maintain a library as set forth in the Joint Powers Agreement. The BTLA is a public entity separate from its constituent members, the parties to the 1995 Joint Powers Agreement, and shall be solely responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. shall have no rights and shall not make any claims, demands, take any actions or assert any remedies against any of the BLTA's constituent members in connection with this Agreement. TOWN OF TIBURON PAGE 2 OF 3 ..7.. Y ,d- STAFF RECOMMENDATION Staff recommends: If the Town Council approves the project's site plan and architectural drawings, it should by separate motion authorize the Town Manager to negotiate and execute an amendment to the Agreement to Convey Real Property to extend the fundraising deadline and add an exculpatory clause. EXHIBITS Agreement to Convey Real Property dated July 5, 2007. Prepared By: Ann R. Danforth, Town Attorney TOWN OF TIBURON PAGE 3 OF 3 ~D 2007-0044703 Recorded Official Records RECORDING REQUESTED BY Count} of AND WHEN RECORDED MAIL TO: Maria JOAN C. THAYER Assessor-Recorder Town of Tiburon Town Clerk L.22PM 20-Jul-2N7 1505 Tiburon Blvd. Tiburon, California 94920 APN: 058-171-62 (portion) RAC FEE e. oe a Page 1 of 10 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE (Exempt from recording fees pursuant to Government Code Sections 6103 and 27383) AGREEMENT TO CONVEY REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into this 64Lday of , 20075 by and between the TOWN OF TIBURON, a municipal corporation ("Town" a e BELVEDERE-TIBURON LIBRARY AGENCY, a joint powers agency ("BTLA"). RECITALS: A. Town is the owner of certain real property situated in the Town of Tiburon located generally at 1503 Tiburon Boulevard, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"). B. BTLA owns and operates a public library ("Library") at 1501 Tiburon Boulevard, adjacent to the Property. The Library is very popular and demand for its use exceeds its current size and capacity. C. BLTA wishes to expand the Library and is in the process of designing a physical expansion ("Project") and fundraising for its construction. BLTA has requested that the Town contribute the Property for the Project. The Town Council finds that such use is for the common benefit and is willing to convey the Property to BTLA subject to the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE BASED UPON THE FOREGOING RECITALS AND THE COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES HEREBY AGREE AS FOLLOWS: EXHIBIT NO. 1 1. Agreement to Convey the Property: Town will convey title to the Property to BTLA for the sole purpose of public library use as set forth herein. For purposes of this Agreement, "public library use" shall include accessory parking, landscaping and lighting improvements. A. When BTLA has completed the design and raised sufficient funds, or commitment of funds, to complete construction of the Project, it will so notify the Town in writing. B. Within sixty (60) days of receiving said notice, Town will convey title to the Property to BLTA. The deed of conveyance will contain the conditions and restrictions set forth in this Agreement. C. In the event that BLTA has not completed the design and fundraising for the Project and provided the Town with the notice specified within six (6) years of the date of this Agreement, this Agreement shall terminate and be of no further force and effect. D. Development of the Property is subject to all normally applicable Town laws and regulations, except as may be waived or modified by ordinance of the Town Council. Town retains its discretion to process and approve, conditionally approve or deny all land use applications as provided by law. E. BLTA may elect not to proceed with the transaction and project contemplated by this Agreement by providing Town with written notice of termination of this Agreement and executing in writing a recordable release of its interest in the Property. In the event that the BLTA elects to terminate after close of escrow, BLTA shall restore the Property to a condition equal to or better than its condition prior to its conveyance to the Town. 2. Reverter: The Town shall have a right of reverter, causing title to the Property to revert back to the Town, upon the occurrence of any of the following events: A. Failure of BTLA to begin construction of the Project within six (6) years of the date of the conveyance of the Property. B. Failure of BTLA to diligently pursue and complete construction of the Project after construction has begun. C. Failure to continuously use the Property for public library use . after completing construction. Notwithstanding the foregoing, the property will not revert to the Town for any interruption in public library use caused by fire, earthquake or other event beyond the control of BLTA, provided that BTLA acts promptly and diligently to reinstate public library use and provided that public library use is reinstated within two (2) years of the date of interruption. D. Dissolution of BLTA. E. Transfer of the Property to any other entity or agency without the Town's prior written permission. F. A finding by a court of law that the Property has been used in any way that has violated applicable legal restrictions on its use. Upon the occurrence of any of the listed events, Town may exercise its right of reverter in its sole discretion, by providing written notice thereof to BLTA. 2 3. Indemnity: BLTA will indemnify, defend and hold harmless the Town and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (1) this Agreement; (ii) the transfer of the Property pursuant to this Agreement; and (iii) the use of the Property. 4. Condition of Property: BLTA understands that the Property may have been part of the Southern Pacific (or predecessor companies) rail yard. Town makes no representation or warranty as to the condition of the surface or the subsurface of the Property. BLTA is solely responsible to conduct an investigation of the Property as it deems necessary prior to transfer of title to confirm that the Property does not contain any hazardous materials that may affect BTLA's ability to use the Property as contemplated. As of the close of escrow, BLTA will acquire the Property in its " as is, where is" condition with all faults and conditions then existing on the Property, including any hazardous substances or materials that may be located on, under or around the property whether known or unknown. BLTA shall hold Town harmless and indemnify Town from and assume all duties, responsibility and liability for all duties, responsibilities, and liability (for payment of penalties, losses, costs, or damages) and for responding to any action, notice, claim, order, litigation, or other proceeding that in any way relates to: a) failure to comply with any environmental or industrial hygiene law, regulation, standard, policy or guideline, or imposing standards of liability or conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by Seller; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by Seller. 5. Town Use of BTLA Space: Following completion of the Project, BLTA shall give the Town priority over other non-Library users in the use of meeting spaces in the Library facility, and shall provide such spaces at no cost to the Town. 6. Covenants Run With the Land: All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives., lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of Laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall constitute covenants running with the land pursuant to applicable law. 7. Recordation: All parties shall execute this Agreement with appropriate attestations so that the Agreement may be recorded with the County Recorder of the County of Mann, State of California. Upon full execution of this Agreement, the Town shall cause this Agreement to be recorded in the official records of the County of Marin, State of California. 3 8. Governing Law; Venue: The laws of the State of California shall govern all questions with respect to this Agreement and the rights and liabilities of the parties hereto. The County of Marin shall be the venue for resolving any dispute that arises under this Agreement. 9. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. 10. Entire Agreement: This Agreement contains the entire Agreement of the parties hereto concerning the subject matter herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement, which are not fully expressed herein. 11. Additional Documents: The parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. 12. Notice: Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: BTLA: Library Director Belvedere-Tiburon Library 1501 Tiburon Boulevard Tiburon, California 94920 Town: Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of five (5) days following the deposit of said notice or other document in the United States mail. 13. Assignment: Neither party shall assign this Agreement, nor any interest herein, without prior written consent of the other party. 14. Appraisals and Administrative Costs: BTLA shall pay for all reasonable costs necessary to complete the transfer and/or termination of property interests specified in this Agreement, including, without limitation, the costs of any title reports, transfer taxes, appraisals and administrative hearings necessary to complete the transactions. 4 15. Modifications and Amendments: This Agreement may be modified or amended only by a written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of them, as appear below. TOWN: ~ne d6I By.c~ J " Margaret A. rran Town Manager APPROVED AS TO FORM: Ann R. Danforth, Town Attorney BTLA: j B Chai an o t e Boar C Its: APPROVED AS TO FORM: By: i BTLA Co sel 5 EXHIBIT A LEGAL DESCRIPTION - LIBRARY PARCEL ALL THAT REAL PROPERTY situated in the Town of Tiburon, County of Marin, State of California being the westerly 16,000 square feet of that certain 4.57-acre parcel of land, owned by the Town of Tiburon, commonly referred to as Zelinsky Park, and being identified as Parcel 10 of that certain Record Map of "Point Tiburon", filed for record February 16, 1984, in Volume 19 of Maps, at Page 4, having the Serial Number 84-8031, in the Records of said County, said westerly 16,000 square foot portion being more particularly described as follows: Commencing at the most westerly corner of said Parcel 10, said point being on the westerly right-of-way line of the 70-foot wide Mar West Street, as said street and corner are shown on said Map of Point Tiburon, thence along the southerly line of said Parcel 10, South 65° 47'32" East, 75.76 feet to the Point of Beginning of, and most westerly corner of said 16,000 square-foot Library Parcel; thence continuing along said southerly line, South 65° 47'32" East, 164.95 feet; thence departing said southerly line at a right angle, North 24° 12'28" East, 115.00 feet; thence, North 62° 37'13" West, 72.72 feet to an angle point in the northerly line of said Parcel 10, as said angle point is shown on said Map; thence, along said northerly line, North 70° 03'13" West, 32.43 feet to a point on the easterly right- of-way line of said Mar West Street, said point being a point of non-tangent intersection with a curve and having a Radial Bearing of South 34° 40'13" West; thence in a southwesterly direction, 131.24 feet along the Arc of said circular curve to the left, having a Radius of 965.00 feet, a Central Angle of 70 4733" and a Long Chord which bears, South 51 ° 26'00" West, 131.14 feet to the Point of Beginning, and containing 0.37 acres, or 16,000 Square Feet, more or less. Page 1 of 3 Quiet River Land Services, Inc. Legal Description - Exhibit A - Town of Tiburon Library Parcel June 7, 2007 End of Description This description together with Exhibit B - Plat of Parcel Library Parcel, being attached hereto and made a part hereof. SAND S U KFViN M. McGUIRE O P., v Ex (J'x No. 6437 F O F A Page 2 of 3 Kevin M. McGuire CA PLS #6437 Date LEGEND NEW PROPERTY BOUNDARY SUBJECT PROPERTY ADJOINING PROPERTY CENTERLINE MAR WEST STREET TOWN OF TIBURON ~~6 84 ~~003'~ 2.38± ACRES .,~tk~ ,CGj~ ~1 s'~ N62. N89'36'40"W P.O.C. \ ~3>> 01 ° Rl . tk~ 0, / ~ o0 ~s 32 F LIBRARY PARCEL ZELINSKY PARK 16,000 SQ. FT. 0.37± ACRES TOWN OF TIBURON /P.O.B. r'\ ^ PARCEL 10 76 ~ 19 M 4 ~6'\ S6S4 4,95 4.571 ACRES BELVEDERE-TIBURON LIBRARY AGENCY PORTION PARCEL 'A' 15 PM 90 S ` 65 4)32„ ~ ~ 35 ,NN D KEVIN M. McGUIE ~ XP'(2.310$ No. 6437 Q~ .OF C N\- A N SCALE: 1" =50' Uid Land Services, Inc. 5673 W. Las Positos Blvd., Suite 215 J Pleasanton California 94588 (925) 734-6788 8 Phone (925) 734-6732 Fax EXHIBIT B - PLAT OF LIBRARY PARCEL LIBRARY PARCEL, TOWN OF TIBURON MAR WEST STREET TIBURON MARIN COUNTY CALIFORNIA TBRN7001 DRN. BY: MAS CHK. BY: KMM DATE: 06/06/07 PAGE 3 OF 3 ALL-PURPOSE AC=KNOWLEDGMENT State of California County of SS. Cy On i , ~•.C °Z ,Z a~ before me, P" 6 I k (DATE) (NOTARY) personally appeared 6-,2 C c4 _r?, V_ - SIGNER(S) [personally known to me - OR - DUM CR" wcon rL0,0:%Cc~Vvy"d n * 1551995 NCWV Pdit - COW010 Mann C XX* MyCcmm. Pipe a Feb 12, ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han nd off ' 1 seal. NOTARY'S SI RE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ I ,DIVIDUAL J/CORPORATE OFFICER -f _17 t/1t1 ItI411VI46 TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OTHER L RIGHT THUMBPRINT .Q OF E s SIGNER Z a DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT APA 5/99 VALLEY-SIERRA. 8(X)-362-3369 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ' ~-rt~~-rte-• ~r~~-r~~~~-Y~'~-r~~,rr~~-~(>~ ..i~f~~c-'~',~^~.rl~~(rc~l'~'..~C~'> _ ~=r~-r~,c;C~~ ~^t+~~^~~,c:~ State of California County of 2DO On before me, ` r Date Na, personally appeared ~t f j~r•~: U , V ~ YY , io Title of Officer ( .g., "Jane Doe, Notary PUb personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that MARY VELIA he/she/they executed the same in his/her/their authorized A 4652 capacity(ies), and that by his/her/their signature(s) on the Commission t L 171 Notary Public - California instrument the person(s), or the entity upon behalf of Mann County which the person(s) acted, executed the instrument. MyCIWMill> nJM16.2011 WITNESS my hand and official seal. Place Notary Seal Above Signature Siynpapre of Notary Public OPTIONAL r i Though the information below is not required by law, it may prove valuable to persbhs relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: . Document Date: iment f Number of Pages: ` Signer(s) Other Than Named Above: Capacity(ies) CI imed by igner s Signer's Name: "el, -i ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Si r Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ITop 11 Y of thumb here 0 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 To: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Council Meeting August 1, 2012 Agenda Item: PH- 3 (A) From: Community Development Department Subject: Consider Text Amendments to the Tiburon Municipal Code Title IV, Chapter 16 (Zoning) and Title VI, Chapter 20 (Animals) Establishing Regulations Regarding the Keeping of Chickens and Honeybees; File # MCA 2012-02; Town-initiated Amendments (Ordinance - Introduction) (Continued from July 2012) Reviewed By: BACKGROUND This item was continued without discussion or hearing from the meeting of July 18, 2012. The July 18th staff report is attached hereto in full for the convenience of the Town Council. EXHIBITS 1. Town Council staff report dated July 18, 2012 (with attachments) Prepared By: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of Town Council Community Development Department Town Council Meeting July 18, 2012 Agenda Item: Consider Recommendation to the Town Council Regarding Text Arl.,ndments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code This item proposes number of clean-up text amendments to the Tiburon Zoning Ordinance to reflect changes in State law, to implement programs contained in the recently-adopted Housing Element update, and to correct or clarify minor text discrepancies and/or minor errors that have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010. PLANNING COMMISSION REVIEW The Planning Commission held a public hearing on the proposed text amendments to the Zoning Ordinance on June 13, 2012. The staff report for that meeting (Exhibit A) contains descriptions of the various amendments and their intended purposes. At that meeting, staff recommended a revision to the draft amendments to the Affordable Housing Overlay Zone requirements that would establish a maximum size limit for affordable dwelling units, as smaller units generate less traffic and fewer impacts overall. The amendment would establish a maximum size of 600 square feet for affordable studio dwelling units and 800 square feet for affordable one-bedroom units. The Planning Commission also recommended some clarifying language be added to a draft amendment regarding reconstruction of two-family and multi-family dwelling units. Minutes of the meeting are attached as Exhibit B. The Commission adopted Resolution No. 2011-10 (Exhibit C) recommending approval of the text amendments to the Town Council. ENVIRONMENTAL REVIEW The proposed clean-up amendments are exempt from CEQA on the basis that they have no potential to result in adverse impacts on the environment or were adequately analyzed in prior environmental documents prepared for the Housing Element update in 2012 and for the comprehensive update of the Tiburon Zoning Ordinance in 2010. No further environmental review is required. TOWN OF TIBURON PAGE 1 OF 2 FC wj-li C. .tTI.{37 :1 ~t.'t.'°i 111 1C(]\ 18, 01] PUBLIC COMMENT As of the date of this report, no letters have been received regarding the proposed zoning text amendments. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and take testimony on the proposed text amendments to Chapter 16 (Zoning) of the Municipal Code; and 2. Consider adoption of the draft ordinance (Exhibit D). The procedure for adoption would be to move to read by title only, waiving any additional reading, and introduce the ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. Pass the reading by roll call vote. If the first reading is passed, the item will return for final adoption on a future consent calendar. EXHIBITS A. Planning Commission staff report dated June 13, 2012 B. Draft minutes of the June 13, 2012 Planning Commission meeting C. Planning Commission Resolution No. 2012-10 D. Draft Ordinance E. Rosenberg's Rules of Order Prepared By: Daniel M. Watrous, Planning Manager S: IAdministrationlToivn CouncibStaff Reports 12012Vuly 18 DraftslZoning Ordinance Text Amendments.doc TOWN OF TIBURON PAGE 2 OF 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Members of the Planning Commission Community Development Department Planning Commission Meeting June 13, 2012 Agenda Item: 6 & Consider Recommendation to the Town Council Regarding Text Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code Staff recommends a number of clean-up text amendments to the Tiburon Zoning Ordinance to reflect changes in State law, to implement programs contained in the recently-adopted Housing Element update, and to correct or clarify minor text discrepancies and/or errors that have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010. ANALYSIS The following amendments are proposed to the text of the Zoning Ordinance: ARTICLE II (ZONES AND ALLOWABLE LAND USES) 16-21 Residential Zones Tah1P ?-1 Home occupations are permitted uses within any dwelling unit in a residential zone, subject to the approval of a home occupation permit. Table 2-1 needs to be modified to include home occupations under "residential use" as a permitted use in any residential zone. A new footnote (No. 5) would be created for home occupations in this table, reading "Subject to the requirements of Section 16-52.110 (Home Occupations)." 16-21.040 (Cr 1 ] - Density Standards The reference to the "zoning map" in this section would be changed to the "Land Use Diagram in the Land Use Element of the General Plan," as that diagram establishes the maximum residential densities for undeveloped land, not the zoning map. TOWN OF TiBURON PAGE 1 OF 13 16-23.030 - Affordable Housing Overlay Zones Allowable Land Uses and Permit Requirements Housing Element Implementation Program H-aa requires amendments to the provisions of the Affordable Housing Overlay zones to increase their effectiveness in encouraging very low, low and moderate income housing. Section 16-23.030 (D[a]) would be amended to read as follows: D. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following: a. Include a minimum of twee five percent very low-income, try ten percent low-income, and try ten percent moderate-income housing units, as defined in Section 16-70.030 (General Inclusionary Requirements). Moderate-income rental units shall be counted only if they are below ninety percent of the median income. i Units not meetin th f d fi iti & bl it d fi d i . g e on o a e n g A ' X as _a r- a e un e ne n ' iVe V s L ll IZ (Definitions), shall fie* eyee n mbef of f tmits ed efee t of the Cetal 16-23.050 - Affordable Housing Overlay Zones Development Incentives Housing Element Implementation Program H-y (a) states that the Town shall establish the provisions for variable density standards contained in the Affordable Housing Overlay zones to "establish unit densities for studio and one-bedroom units based on `density unit equivalents' or the size of the unit." Section 16-23.050 (A[ 1]) would be amended to read as follows: A. RMP/AHO Zone. The following development incentives are available to qualifying affordable residential developments in the RMP/AHO zone: 1. Density/regulations. Higher density and relaxation and/or flexibility in the development standards in Section 16-23.040 (Affordable Housing Overlay Zones General Development Standards). Densities toward the top of the range may be appropriate where units are significantly smaller and would have fewer impacts than the market norm. For purposes of calculating densities, the number of studio dwelling units shall be counted toward the total number of dwelling units allowed at a one and one-half to one (1.5: 1) ratio, and the number of one bedroom units shall be counted toward the total number of dwelling units allowed at a one and one-quarter to one (1.25:1) ratio. These adjusted ratios shall be used in the calculation of density for purposes of General Plan land Use Element consistency. Implementation Program H-cc states that the Town must adopt "standards to encourage shared common spaces in order to reduce the size of individual living units and increase community interaction (such as co-housing, live-work housing opportunities, or other types of housing that TOWN OF TIBURON PAGE 2 OF 13 create shared spaces)." Section 16-23.050 (A[2]) and Section 16-23.050 (B[2]) would be amended to read as follows: 2. Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from nonaffordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the Review Authority to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co- housing, live-work housing opportunities, or other types of housing that create shared spaces. Implementation Program H-y (c) states that the Town must "provide flexible parking requirements that help to facilitate infill, affordable, transit-oriented and mixed use development, while at the same time avoiding off-site parking impacts." Section 16-23.050 (A[3]) and Section 16-23.050 (B[3]) would be amended to read as follows: 3. Parking standards. Parking standards shall be reduced within reason by the Review Authority depending on project characteristics and availability of on-street parking. Flexible parking standards may include shared parking, joint use parking, off-site parking, allowances for reduced standards depending on location (such as near transit), and modified parking stall dimensions and tandem parking. Implementation Program H-y (c) includes other incentives and contributions that the Town must include for affordable housing projects. The following section would be added to Sections 16- 23.050 A & B: 7. Other incentives and contributions. Town financial contributions toward the construction of utilities, public road improvements and other traffic improvements; soils remediation; plan preparation and development; construction subsidies for the affordable units; and assistance and support in securing public financing, such as bonds or tax credits. 16-25.030 (B) - Uses Permitted with a Tidelands Permit in the M Zone Subsection B(2) permits the following uses with a Tidelands Permit in the M Zone: "Berthing, mooring and landing facilities for boats, except that facilities for yacht and boat clubs, yacht and boat sales, maintenance, haul-outs and similar facilities shall not be allowed." This does not recognize the existence of existing facilities of the Corinthian Yacht Club that are located within M zoned property within the Tiburon town limits. To avoid making these facilities into nonconforming uses, it is recommended that Section 16-25.030 (B[2]) be amended and Section 16-25.030 (B[4]) be created to read as follows: TOWN OF TIBURON PAGE 3 OF 13 2. Berthing, mooring and landing facilities for boats. 4. Facilities for yacht and boat clubs; except that yacht and boat sales, maintenance, haul-outs and similar facilities shall not be allowed. ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARKING STANDARDS) 16-30 Standards for All Development and Land Uses 16-30.030 - Setback requirements and Exemptions Section 16-30.030 (H) establishes a minimum 15 foot setback for vehicle entry gates "from any private or public roadway, shared driveway, curb, gutter or sidewalk." This requirement was adopted to allow a vehicle to stand in front of a vehicle entry gate while it is opened or closed without interfering with passing vehicular or pedestrian traffic. It is unclear from this language whether the required setback is to be measured from all such improvements or from any one of such improvements. To clarify the meaning and intent of this requirement and allow appropriate flexibility in the application of this requirement, Section 16-30.030 (H) would be revised to read as follows: H. Vehicle entry gates. Vehicle entry gates shall be set back at leas a minimum of fifteen feet from a afty private or public roadway, shared driveway, curb, gutter or sidewalk so as not to impede vehicular or pedestrian traffic. The Review Authority shall have reasonable discretion to require a larger setback distance, if circumstances warrant. 16-30.100 - Submerged and Partially Submerged Land Section 16-30.100 (B) currently refers to a footnote in Table 2-2 which states, in part as follows: "In the R-2 zone, where a lot is contiguous with a submerged or tide lot that lies entirely or partially in the M zone, and all of such property is under the same ownership, the total area of such contiguous lots may be used in determining whether the minimum lot area requirements have been met. Notwithstanding any other provision of this Section to the contrary, no building or accessory building or part thereof shall extend seaward of the zone boundary line between the R-2 zone and the M zone other than as may be permitted in compliance with the regulations of the M zone (Section 16-25). To recognize the importance of this requirement that no buildings may extend seaward of the M zone line, the reference to the footnote would be deleted from Section 16-30.100 (B) and the text above would be included as a new Section 16-30.100 (D). Section 16-30.100 (B) is inconsistent with the abovementioned requirements, as it incorrectly does not allow the area below mean high tide to be used for the minimum lot area of lot area per dwelling unit of a lot. This section also makes a reference to "gross lot area," a term that is not defined or used in the Zoning Ordinance. In addition, submerged lands have historically not been used to determine the floor area ratio of a lot and it has been Town practice to allow submerged TOWN OF TIBURON PAGE 4 OF 13 land on the same or separate parcels under the same ownership to be used for the required rear yard setback. To make the above-noted corrections and recognize these exceptions, Section 16- 30.100 (B) would be revised to read as follows: B. The area of such lots that is below the mean high tide line shall not be used in the determination of mloa, lot area pef ,awell ng „r;+, lot coverage, floor area ratio, or any other land and structure regulation of the zone in which it is located, except that it may be applied toward the minimum lot area requirements and the required rear yard setback of a lot. ARTICLE IV (STANDARDS FOR SPECIFIC LAND USE ACTIVITIES) 16-40 Standards for Specific Land Uses The index at the beginning of this section incorrectly lists the contents and section numbers. The correct index reads as follows: 16-40.010 - Purpose and Applicability 16-40.020 - Exceptions for Detached Two-family Dwelling Unit 16-40.030 - Bed and Breakfast Inns (B&Bs) 16-40.040 - Seasonal Rental Units 16-40.050 - Child Day-Care Facilities 16-40.060 - Emergency Shelters ARTICLE V (ZONING PERMIT PROCEDURES) 16-52 Permit Review and Decisions 16-52.020 - Site Plan and Architectural Review An existing building on a lot is often demolished to make way for construction of a new building on the site. In most instances, the applicant indicates a request to demolish the existing building as part of an application to construct a new building. However, on occasion an applicant will request a demolition permit from the Building Division to remove the existing building before a Site Plan and Architectural Review application has been submitted for construction of a new building. In these cases, the demolition may cause issues related to views, privacy, landscaping, safety and attractive nuisance that would normally be addressed during the Design Review process for the new building on the lot. In addition, recent court case law dictates that absent an associated discretionary pennit, historic structures may be demolished by obtaining a ministerial building (demolition) permit, without triggering any review under the California Environmental Quality Act. To ensure that these issues are addressed, the categories of "demolition of an existing main building on a lot" and "demolition of any structure on a property listed on a local historic inventory or eligible for listing on a state or federal historic registry" would be added to Section 16-52.020 (B) as actions that require Site Plan and Architectural Review approval, and added to Section 16-52.020 (F) to allow the potential for Staff approval of such an application if warranted. TOWN OF TiBURON PAGE 5 OF 13 In addition, staff recommends a series of amendments that would clarify the intent of the section and the applicability of appropriate criteria and guidelines. The following changes would be made to Section 16-52.020: E. Design Review Board as Review Authority. 2. The Review Authority Board shall meet and act on applications for Site Plan and Architectural Review within time limits in compliance with State law. The Review Authority shall determine from the reports and data submitted, supplemented by public comment and on-site inspections as the Review Authority may deem appropriate, whether the proposed use and structures will further the purpose set forth in Section 16-52.020 (A) and satisf the he applicable criteria of Section 16- 52.020 H meet the -°^'•i,-°m°"tn hefei", and shall, upon making affirmative findings, approve the application. 3. If the Review Authority, f-°m the inf^nati^n n,immitted, the Bear-d finds, based on evidence in the record, that the project would be contrary to the purpose herein, or would not meet the applicable criteria herein would not he aeh eyeda it shall deny the application or approve it subject to specified conditions or modifications. 4. The Review Authority Boafd may impose such reasonable conditions or modifications it determines are necessary to allow it to make the required findings and which insure that the principles, guidelines, provisions and standards will be met. Conditions and modifications required by the Review Authority must be implemented prior to final inspection and occupancy, unless otherwise stipulated. H. Guiding principles in the review of applications. In reviewing applications for Site Plan and Architectural Review, the Review Authority shall ^^„nidef the fello ping pr- eipl°n as the y may ,...1., determine whether the project meets the LV11V VV ITl applicable criteria below, as well as any other guidelines that the Town Council may have adopted to govern Site Plan and Architectural Review: Section 16-52-020 (H[I I]) would also be amended as follows to reflect the elimination of the Green Building requirements within the zoning ordinance: 11• ~.v..avaa~►ui vv Green building. For- fesidenti` l ee °`1 p fojeetn, ~ as set f6fth in Seeti°" 16 90 rnn v l ' rn~Q-~Tp-L'0 The project design includes features that foster renewable energy and/or resource conservation, and the _evef ll pfojeet appe rn to meet °M ion of the Ti'w Cou . 16-52.080 - Tidelands Pen-nit The requirements for a tidelands permit were created as part of the 2010 zoning ordinance update. However, no provision was made for courtesy notices to be sent out for these permits. TOWN OF TIBURON PAGE 6 OF 13 Section 16-52.080 (G) would be added to read as follows: "Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for a Tidelands Permit to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director. Failure of any party to receive a courtesy notice shall not invalidate the proceedings." To simplify the language determining the level of review for a Tidelands Pennit, Section 16- 52.080 (F) (Permitting Procedures) would be amended to read as follows: F. Permitting Procedures. The Director shall act on Tidelands Permit applications if the application includes only repair to a structure, or is vvefk feun' to minor and incidental and without significant environmental impact. if the appheatio rove ves „°TOtherwise, the application shall be referred to the have signifieant envifofh-ftental imp Commission for consideration with a Conditional Use Permit (Section 16-52.040). The Director may refer any application for Tidelands Permit to the Commission. This amendment would be reflected in Table 5-1 (Review Authority). 1.6-52.090 - Temporary Use Permit Similar to a tidelands permit, the requirements for a temporary use permit were created as part of the 2010 zoning ordinance update without specific provisions for notices. Section 16-52.090 (E) would be added to read as follows: "Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for Temporary Use Permit to owners of property, as shown on the latest equalized Marin County assessment roll, located within three hundred feet of the subject property. Failure of any party to receive a courtesy notice shall not invalidate the proceedings." The placement of large temporary tents on a residential property has become more of an issue for the Town and local fire districts in recent years. To address this issue, Section 16-52.090 (B) would be amended to include the following: B. Approval required. A Temporary Use Permit may be approved for any of the following temporary uses: 4. Temporary tents. A temporary tent over five hundred square feet in area for private recreational or promotional use may be approved on a residential or commercial property for a time period not to exceed five calendar days. TOWN OF TIBUR®N PAGE 7 OF 13 16-52.100 - Secondary Dwelling Unit Secondary dwelling units are permitted in the R-1, RO, and RPD zones. In comparing the minimum lot sizes for these zones with the densities allowed in the corresponding general plan land use designations, it is possible that adding a secondary dwelling unit to some lots that would otherwise be allowed to have such a unit would cause these lots to exceed their maximum general plan land use density. To encourage secondary dwelling units in Tiburon, the Town has approved several precise development plans that do not include secondary units in the calculation of density. A similar approach would be taken within the zoning ordinance by adding Section 16- 52.100 (N) as follows: "Density. Pursuant to California Government Code Section 68552.2, no secondary dwelling unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the Land Use Element of the Tiburon General Plan." 16-52.110 - Home Occupations The following sentence would be added to Section 16-52.110 (A): "A Home Occupation Permit is required for any use defined as a home occupation." ARTICLE VI (ZONING ORDINANCE ADMINISTRATION) 16-60 Administrative Responsibility Sections 16-60.020 (D) and 16-60.030 (D) require that the Design Review Board and Planning Commission utilize Robert's Rules of Order in the conduct of their meetings. The League of California Cities promotes a more simplified process, known as "Rosenberg's Rules of Order," that better follows the procedures commonly used for such meetings in California cities. Sections 16-60.020 (D) and 16-60.030 (D) would be amended to replace the term "Robert's Rules of Order" with "Rosenberg's Rules of Order." The code reference to home occupations in Section 16-60.030 (A[1(c)]) would be corrected to reflect the correct code section reference of 16-52.110. 16-62 Nonconforming Uses, Structures, and Lots California Government Code Section 65852.25 prohibits local agencies from adopting any ordinance that would prohibit the reconstruction of a multi-family dwelling that is involuntarily destroyed. To comply with this requirement, Section 16-62.030 (A[4(c)]) would be created to read as follows: 4. Termination of nonconforming uses by destruction. C. A two-family dwelling or multi-family dwelling that is involuntarily damaged or destroyed may be reconstructed, pursuant to the requirements TOWN OF TIBURON PAGE 8 OF 13 of California Government Code Section 65852.25, or successor sections thereto. (1) If the structure is proposed to be rebuilt substantially to the same floor area, form, appearance, elevations, footprint, volume, lot coverage and number of dwelling units as the previously existing structure, Site Plan and Architectural Review approval shall be required only for exterior materials and colors, provided that reasonable efforts are made to correct or mitigate conditions that do not conform to this Chapter. (2) If the structure is not proposed to be rebuilt substantially the same as the previously existing structure, Site Plan and Architectural Review approval of all new and altered construction shall be required. Existing nonconforming conditions that are not directly affected by the new, enlarged or altered construction need not be brought into full conformity with this Chapter, unless otherwise required by law. 16-66 Appeals Section 16-66.020 (C[3]) incorrectly refers to Section 16-50.050 (A) (Determination of completeness), and would be amended to correctly refer to Section 16-50.050 (C) (Appeal of Determination of Completeness). ARTICLE IX (REASONABLE ACCOMMODATION) Article IX (Green Building) was repealed in 2011 and superseded by provisions of the state-wide CalGreen building codes. The now-empty Article IX would be filled by provisions to comply with State laws that require "reasonable accommodation" for persons with disabilities in the application of zoning and other land use regulations, policies and procedures. After researching the ordinances used by other communities for such a purpose, the following Article IX is proposed to be added: 16-90.010 - Purpose This Article provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. 16-90.020 - Applicability A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a TOWN OF TIBURON PAGE 9 OF 13 record of such impairment. This Article is intended to apply to those persons who are defined as disabled under the Acts. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed in Section 16-90.030 (Application Requirements). 16-90.030 - Application Requirements A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the forin of a letter, to the Director of Community Development and shall contain the following information: 1. The applicant's name, address and telephone number. 2. Address of the property for which the request is being made. The current actual use of the property. 4. The basis for the claim that the individual is considered disabled under the Acts. 5. The zoning provision, regulation or policy that is the subject of the applicant's requested reasonable accommodation. 6. A detailed description, both narrative and graphic if applicable, of the specific accommodation requested for approval. 7. A statement as to why the reasonable accommodation is necessary to make the specific property accessible to the individual. B. Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, conditional use permit, site plan and architectural review, precise plan amendment, or encroachment pennit), then the applicant shall file the information required by Subsection A above, together for concurrent review with the application for discretionary approval. 16-90.040 - Review Authority A. Director of Community Development. Requests for reasonable accommodation shall be reviewed by the Director if no discretionary permit approval is required other than the request for reasonable accommodation. TOWN OF TIBURON PAGE 10 OF 13 B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary permit application shall be reviewed by the Review Authority reviewing the discretionary permit application. 16-90.050 - Review Procedure A. Director Review. The Director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 16-90.060 (Findings, Other Requirements, and Decision). The Director shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property in his reasonable discretion. Said notice shall be mailed at least ten days prior to making a determination. B. Other Review Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Review Authority responsible for reviewing the discretionary permit application in compliance with the applicable review procedure for the discretionary review. At a minimum, notice shall be provided pursuant to Subsection A above, unless more extensive notice is required by law. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 16-90.060 (Findings, Other Requirements, and Decision). 16-90.060 - Findings, Other Requirements, and Decision A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on a consideration of the following factors: Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the Town. 4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a Town program or law, including but not limited to land use or zoning. 5. Potential impact on surrounding uses. 6. Physical attributes of the property and structures. 7. Alternative reasonable accommodations that may provide an equivalent level of benefit. TOWN OF TiBURON - PAGE 11 OF 13 B. Other Requirements. 1. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable regulations. 2. A modification approved under this Article is considered a personal accommodation for the individual applicant and does not run with the land. C. Conditions of approval. In granting a request for reasonable accommodation, the Director or Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection A above, including but not limited to the following: 1. Inspection of the property periodically, as specified, to verify compliance with this Article and any conditions of approval. 2. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists. 3. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists. 4. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists. 5. Measures to reduce the impact on surrounding uses. 6. Measures in consideration of the physical attributes of the property and structures. 7. Other conditions necessary to protect the public health, safety and welfare. 16-90.070 - Appeal of Determination A determination by the Director or Review Authority to grant or deny a request for reasonable accommodation may be appealed within ten days of the decision to the Town Council in accordance with Section 16-66 (Appeals). ARTICLE X (DEFINITIONS) 16-100 Definitions The definition of "home occupation" would be amended to refer to the correct code section reference of 16-52.110. The definition of "family" makes reference to the term "domestic housekeeping unit," which is not defined in the zoning ordinance. The following definition would be added: TOWN OF T€BURON PAGE 12 OF 13 Domestic housekeeping unit. One person or two or more individuals living together sharing household responsibilities, which may include sharing expenses, chores, and sharing meals together. The definitions of "LEED®" and "LEED® accredited professional" would be deleted as part of the elimination of the Green Building requirements within the zoning ordinance. The definition of "secondary dwelling unit" would be amended to refer to the correct code section reference of 16-52.100. The term "target population" would be added as follows to comply with California Health and Safety Code provisions for emergency, transitional and supportive housing: Target population. Adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act Division 4.5 (commencing with Section 4500 of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. ENVIRONMENTAL REVIEW The proposed clean-up amendments are exempt from CEQA on the basis that they have no potential to result in adverse impacts on the environment or were adequately analyzed in prior environmental documents prepared for the Housing Element update in 2012 and for the comprehensive update of the Tiburon Zoning Ordinance in 2010. No further environmental review is required. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing and discuss the proposed text amendments to Chapter 16 (Zoning) of the Municipal Code; and 2. Adopt the attached Resolution (Exhibit 1) recommending approval of the text amendments to the Town Council. EXHIBITS 1. Draft Resolution Prepared By: Daniel M. Watrous, Planning Manager S: IPlannin- Planning CommissionlStaffReportsl2012Uune 13 ineeting2oning Ordinance & Chicken and BeesA.report.doc TOWN OF TIBURON PAGE 13 OF 13 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Members of the Planning Commission Community Development Department Planning Commission Meeting June D, 2012 Agenda Item: 6 r Consider Recommendation to the Town Council Regarding Text Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code Staff recommends a number of clean-up text amendments to the Tiburon Zoning Ordinance to reflect changes in State law, to implement programs contained in the recently-adopted Housing Element update, and to correct or clarify minor text discrepancies and/or errors that have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010. ANALYSIS The following amendments are proposed to the text of the Zoning Ordinance: ARTICLE II (ZONES AND ALLOWABLE LAND USES) 16-21 Residential Zones Tah1P ?-1 Hoene occupations are permitted uses within any dwelling unit in a residential zone, subject to the approval of a home occupation permit. Table 2-1 needs to be modified to include home occupations under "residential use" as a permitted use in any residential zone. A new footnote (No. 5) would be created for home occupations in this table, reading "Subject to the requirements of Section 16-52.110 (Home Occupations)." 16-21.040 (C[11) - Density Standards The reference to the "zoning map" in this section would be changed to the "Land Use Diagram in the Land Use Element of the General Plan," as that diagram establishes the maximum residential densities for undeveloped land, not the zoning map. TOWN OF TIBt1R®N PAGE ~ OF 13 E~~I~I}3IT N0. r.t. } i. } 16-23.030 - Affordable Housing Overlay Zones Allowable Land Uses and Permit Requirements Housing Element Implementation Program H-aa requires amendments to the provisions of the Affordable Housing Overlay zones to increase their effectiveness in encouraging very low, low and moderate income housing. Section 16-23.030 (D[a]) would be amended to read as follows: D. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following: a. Include a minimum of try five percent very low-income, try ten percent low-income, and twenty ten percent moderate-income housing units, as defined in Section 16-70.030 (General Inclusionary Requirements). Moderate-income rental units shall be counted only if they are below ninety percent of the median income. T fi ifi f th - i ot d e unA as defined i„ - &r-`l" bl as in meeg n~, Ci~~ n e o e e c ffi n ts n GC1ii L, ti a Glp1V , shall -2IQ L>vv. n imbe f of tmits .u iv. a., ~.J V1 V Vaa. e f the ..V ......a 1 16-23.050 - Affordable Housing Overlay Zones Development Incentives Housing Element Implementation Program H-y (a) states that the Town shall establish the provisions for variable density standards contained in the Affordable Housing Overlay zones to "establish unit densities for studio and one-bedroom units based on `density unit equivalents' or the size of the unit." Section 16-23.050 (A[ 1]) would be amended to read as follows: A. RMP/AHO Zone. The following development incentives are available to qualifying affordable residential developments in the RMP/AHO zone: 1. Density/regulations. Higher density and relaxation and/or flexibility in the development standards in Section 16-23.040 (Affordable Housing Overlay Zones General Development Standards). Densities toward the top of the range may be appropriate where units are significantly smaller and would have fewer impacts than the market non-n. For purposes of calculating densities, the number of studio dwelling units shall be counted toward the total number of dwelling units allowed at a one and one-half to one (1.5: 1) ratio, and the number of one bedroom units shall be counted toward the total number of dwelling units allowed at a one and one-quarter to one (1.25:1) ratio. These adjusted ratios shall be used in the calculation of density for purposes of General Plan land Use Element consistency. Implementation Program H-cc states that the Town must adopt "standards to encourage shared common spaces in order to reduce the size of individual living units and increase community interaction (such as co-housing, live-work housing opportunities, or other types of housing that TOWN OF TiBURON A PAGE 2 OF 13 EXHIBIT NO. create shared spaces)." Section 16-23.050 (A[2]) and Section 16-23.050 (B[2]) would be amended to read as follows: 2. Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from nonaffordable units as long as the project remains architecturally hannomous. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the Review Authority to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co- housing live-work housing opportunities, or other types of housing that create shared spaces. Implementation Program H-y (c) states that the Town must "provide flexible parking requirements that help to facilitate infill, affordable, transit-oriented and mixed use development, while at the same time avoiding off-site parking impacts." Section 16-23.050 (A[3]) and Section 16-23.050 (B[3]) would be amended to read as follows: 3. Parking standards. Parking standards shall be reduced within reason by the Review Authority depending on project characteristics and availability of on-street parking. Flexible parking standards may include shared parking, joint use parking, off-site parking, allowances for reduced standards depending on location (such as near transit), and modified parking stall dimensions and tandem parking. Implementation Program H-y (c) includes other incentives and contributions that the Town must include for affordable housing projects. The following section would be added to Sections 16- 23.050 A & B: 7. Other incentives and contributions. Town financial contributions toward the construction of utilities, public road improvements and other traffic improvements; soils remediation; plan preparation and development; construction subsidies for the affordable units; and assistance and support in securing public financing, such as bonds or tax credits. 16-25.030 (B) - Uses Permitted with a Tidelands Permit in the M Zone Subsection B(2) pen-nits the following uses with a Tidelands Permit in the M Zone: "Berthing, mooring and landing facilities for boats, except that facilities for yacht and boat clubs, yacht and boat sales, maintenance, haul-outs and similar facilities shall not be allowed." This does not recognize the existence of existing facilities of the Corinthian Yacht Club that are located within M zoned property within the Tiburon town limits. To avoid making these facilities into nonconforming uses, it is recommended that Section 16-25.030 (B[2]) be amended and Section 16-25.030 (B[4]) be created to read as follows: TOWN OF TiBURON PAGE 3 OF 13 A .4XH1BIT NO, 2. Berthing, mooring and landing facilities for boats. 4. Facilities for yacht and boat clubs; except that yacht and boat sales, maintenance, haul-outs and similar facilities shall not be allowed. ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARKING STANDARDS) 16-30 Standards for All Development and Land Uses 16-30.030 - Setback requirements and Exemptions Section 16-30.030 (H) establishes a minimum 1 foot setback for vehicle entry gates "from any private or public roadway, shared driveway, curb, gutter- or sidewalk." This requirement was adopted to allow a vehicle to stand in front of a vehicle entry gate while it is opened or closed without interfering with passing vehicular or pedestrian traffic. It is unclear from this language whether the required setback is to be measured from all such improvements or from any one of such improvements. To clarify the meaning and intent of this requirement and allow appropriate flexibility in the application of this requirement, Section 16-30.030 (H) would be revised to read as follows: H. Vehicle entry gates. Vehicle entry gates shall be set back at leas a minimum of fifteen feet from a afiy private or public roadway, shared driveway, curb, gutter or sidewalk so as not to impede vehicular or pedestrian traffic. The Review Authority shall have reasonable discretion to require a larger setback distance. if circumstances warrant. 16-30.100 - Submerged and Partially Submerged Land Section 16-30.100 (B) currently refers to a footnote in Table 2-2 which states, in part as follows: "In the R-2 zone, where a lot is contiguous with a submerged or tide lot that lies entirely or partially in the M zone, and all of such property is under the same ownership, the total area of such contiguous lots may be used in determining whether the minimum lot area requirements have been met. Notwithstanding any other provision of this Section to the contrary, no building or accessory building or part thereof shall extend seaward of the zone boundary line between the R-2 zone and the M zone other than as may be permitted in compliance with the regulations of the M zone (Section 16-25). To recognize the importance of this requirement that no buildings may extend seaward of the M zone line, the reference to the footnote would be deleted from Section 16-30.100 (B) and the text above would be included as a new Section 16-30.100 (D). Section 16-30.100 (B) is inconsistent with the abovementioned requirements, as it incorrectly does not allow the area below mean high tide to be used for the minimum lot area of lot area per dwelling unit of a lot. This section also makes a reference to "gross lot area," a term that is not defined or used in the Zoning Ordinance. In addition, submerged lands have historically not been used to determine the floor area ratio of a lot and it has been Town practice to allow submerged TOWN OF TIBURON L' XHIBI l NO. A PAGE 4 OF 13 land on the same or separate parcels under the same ownership to be used for the required rear yard setback. To make the above-noted corrections and recognize these exceptions, Section 16- 30.100 (B) would be revised to read as follows: B. The area of such lots that is below the mean high tide line shall not be used in the determination of gfess lot ffi lot a}ca, let afea per- dwelling lot coverage, floor area ratio, or any other land and structure regulation of the zone in which it is located, except that it may be applied toward the minimum lot area requirements and the required rear vard setback of a lot. ARTICLE IV (STANDARDS FOR SPECIFIC LAND USE ACTIVITIES) 16-40 Standards for Specific Land Uses The index at the beginning of this section incorrectly lists the contents and section numbers. The correct index reads as follows: 16-40.010 - Purpose and Applicability 16-40.020 - Exceptions for Detached Two-family Dwelling Unit 16-40.030 - Bed and Breakfast Inns (B&Bs) 16-40.040 - Seasonal Rental Units 16-40.050 - Child Day-Care Facilities 16-40.060 - Emergency Shelters ARTICLE V (ZONING PERMIT PROCEDURES) 16-52 Permit Review and Decisions 16-52.020 - Site Plan and Architectural Review An existing building on a lot is often demolished to make way for construction of a new building on the site. In most instances, the applicant indicates a request to demolish the existing building as part of an application to construct a new building. However, on occasion an applicant will request a demolition permit from the Building Division to remove the existing building before a Site Plan and Architectural Review application has been submitted for construction of a new building. In these cases, the demolition may cause issues related to views, privacy, landscaping, safety and attractive nuisance that would nonnally be addressed during the Design Review process for the new building on the lot. In addition, recent court case law dictates that absent an associated discretionary permit, historic structures may be demolished by obtaining a ministerial building (demolition) permit, without triggering any review under the California Environmental Quality Act. To ensure that these issues are addressed, the categories of "demolition of an existing main building on a lot'' and "demolition of any structure on a property listed on a local historic inventory or eligible for listing on a state or federal historic registry'' would be added to Section 16-52.020 (B) as actions that require Site Plan and Architectural Review approval, and added to Section 16-52.020 (F) to allow the potential for Staff approval of such an application if warranted. TOWN OF TIBURON PAGES OF 13 , VHIBIT NO. A In addition, staff recommends a series of amendments that would clarify the intent of the section and the applicability of appropriate criteria and guidelines. The following changes would be made to Section 16-52.020: E. Design Review Board as Review Authority. 2. The Review Authority Beard shall meet and act on applications for Site Plan and Architectural Review within time limits in compliance with State law. The Review Authority shall determine from the reports and data submitted, supplemented by public comment and on-site inspections as the Review Authority may deem appropriate, whether the proposed use and structures will further the purpose set forth in Section 16-52.020 (A) and satisfy the applicable criteria of Section 16- 52.020 H , and shall, upon making affirmative findings, approve the application. 3. If the Review Authority, f-eiiifefma ' r submitted, the BE)afd finds, based on evidence in the record, that the project would be contrary to the purpose herein, or would not meet the applicable criteria herein wetild not be aehieve , it shall deny the application or approve it subject to specified conditions or modifications. 4. The Review Authority Beams may impose such reasonable conditions or modifications it determines are necessary to allow it to make the required findings and which insure that the principles, guidelines, provisions and standards will be met. Conditions and modifications required by the Review Authority must be implemented prior to final inspection and occupancy, unless otherwise stipulated. H. Guiding principles in the review of applications. In reviewing applications for Site Plan and Architectural Review, the Review Authority shall can n; a °r fal n nl, :MP_411 °n as *h°~ „y pF,h determine whether the project meets the applicable criteria below, as well as any other guidelines that the Town Council may have adopted to govern Site Plan and Architectural Review: Section 16-52-020 (H[11]) would also be amended as follows to reflect the elimination of the Green Building requirements within the zoning ordinance: 11. Green building. The project design includes features that foster renewable energy and/or resource conservation, 16-52.080 - Tidelands Pen-nit The requirements for a tidelands permit were created as part of the 2010 zoning ordinance update. However, no provision was made for courtesy notices to be sent out for these permits. TOWN OF TIBURON PAGE 6 OF 13 EXHIBIT NO.- Section 16-52.080 (G) would be added to read as follows: "Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for a Tidelands Permit to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other- property owners as detennined by the Director. Failure of any party to receive a courtesy notice shall not invalidate the proceedings." To simplify the language determining the level of review for a Tidelands Pennit, Section 16- 52.080 (F) (Permitting Procedures) would be amended to read as follows: F. Permitting Procedures. The Director shall act on Tidelands Permit applications if the application includes only repair to a structure, or is wofk i t fetin to - minor and incidental and without significant environmental impact. if the applie4ion invelves new have si g-ni iea- + enta iY1111 Otherwise, the application shall be referred to the Commission for consideration with a Conditional Use Permit (Section 16-52.040). The Director may refer any application for Tidelands Permit to the Commission. This amendment would be reflected in Table 5-1 (Review Authority). 16-52.090 - Temporary Use Permit Similar to a tidelands permit, the requirements for a temporary use permit were created as part of the 2010 zoning ordinance update without specific provisions for notices. Section 16-52.090 (E) would be added to read as follows: "Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for Temporary Use Permit to owners of property, as shown on the latest equalized Marin County assessment roll, located within three hundred feet of the subject property. Failure of any party to receive a courtesy notice shall not invalidate the proceedings." The placement of large temporary tents on a residential property has become more of an issue for the Town and local fire districts in recent years. To address this issue, Section 16-52.090 (B) would be amended to include the following: B. Approval required. A Temporary Use Pen-nit may be approved for any of the following temporary uses: 4. Temporary tents. A temporary tent over five hundred square feet in area for private recreational or promotional use may be approved on a residential or commercial property for a time period not to exceed five calendar days. TOWN OF TiBURON PAGE 7 OF 13 BTT NO. A 16-52.100 - Secondary Dwelling Unit Secondary dwelling units are permitted in the R-1, RO, and RPD zones. In comparing the minimum lot sizes for these zones with the densities allowed in the corresponding general plan land use designations, it is possible that adding a secondary dwelling unit to some lots that would otherwise be allowed to have such aunit would cause these lots to exceed their maximum general plan land use density. To encourage secondary dwelling units in Tiburon, the Town has approved several precise development plans that do not include secondary units in the calculation of density. A similar approach would be taken within the zoning ordinance by adding Section 16- 52.100 (N) as follows: "Density. Pursuant to California Government Code Section 68552.2, no secondary dwelling unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the Land Use Element of the Tiburon General Plan." 16-52.110 - Home Occupations The following sentence would be added to Section 16-52.110 (A): "A Home Occupation Permit is required for any use defined as a home occupation." ARTICLE VI (ZONING ORDINANCE ADMINISTRATION) 16-60 Administrative Responsibility Sections 16-60.020 (D) and 16-60.030 (D) require that the Design Review Board and Planning Commission utilize Robert's Rules of Order in the conduct of their meetings. The League of California Cities promotes a more simplified process, known as "Rosenberg's Rules of Order," that better follows the procedures commonly used for such meetings in California cities. Sections 16-60.020 (D) and 16-60.030 (D) would be amended to replace the term "Robert's Rules of Order" with "Rosenberg's Rules of Order." The code reference to home occupations in Section 16-60.030 (A[1(c)]) would be corrected to reflect the correct code section reference of 16-52.110. 16-62 Nonconforming Uses, Structures, and Lots California Government Code Section 65852.25 prohibits local agencies from adopting any ordinance that would prohibit the reconstruction of a multi-family dwelling that is involuntarily destroyed. To comply with this requirement, Section 16-62.030 (A[4(c)]) would be created to read as follows: 4. Termination of nonconforming uses by destruction. C. A two-family dwelling or multi-family dwelling that is involuntarily damaged or destroyed may be reconstructed, pursuant to the requirements TOWN OF TIBURON PAGE 8 OF 13 EXHIBIT NO. A of California Government Code Section 65852.25, or successor sections thereto. (1) If the structure is proposed to be rebuilt substantially to the same floor area, form, appearance, elevations, footprint, volume, lot coverage and number of dwelling units as the previously existing structure, Site Plan and Architectural Review approval shall be required only for exterior materials and colors, provided that reasonable efforts are made to correct or mitigate conditions that do not conforrn to this Chapter. (2) If the structure is not proposed to be rebuilt substantially the same as the previously existing structure, Site Plan and Architectural Review approval of all new and altered construction shall be required. Existing nonconforming conditions that are not directly affected by the new, enlarged or altered construction need not be brought into full conformity with this Chapter, unless otherwise required by law. 16-66 Appeals Section 16-66.020 (C[3]) incorrectly refers to Section 16-50.050 (A) (Determination of completeness), and would be amended to correctly refer to Section 16-50.050 (C) (Appeal of Determination of Completeness). ARTICLE IX (REASONABLE ACCOMMODATION) Article IX (Green Building) was repealed in 2011 and superseded by provisions of the state-wide CalGreen building codes. The now-empty Article IX would be filled by provisions to comply with State laws that require "reasonable accommodation" for persons with disabilities in the application of zoning and other land use regulations, policies and procedures. After researching the ordinances used by other communities for such a purpose, the following Article IX is proposed to be added: 16-90.010 - Purpose This Article provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. 16-90.020 - Applicability A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a TOWN OF TiBUR©N PAGE 9 OF 13 EXHIBIT NO A t i record of such irnpainnent. This Article is intended to apply to those persons who are defined as disabled under the Acts. A request for reasonable accommmodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner- prescribed in Section 16-90.030 (Application Requirements). 16-90.030 - Application Requirements A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter, to the Director of Community Development and shall contain the following information: The applicant's name, address and telephone number. 2. Address of the property for which the request is being made. The current actual use of the property. 4. The basis for the claim that the individual is considered disabled under the Acts. 5. The zoning provision, regulation or policy that is the subject of the applicant's requested reasonable accommodation. 6. A detailed description, both narrative and graphic if applicable, of the specific accommodation requested for approval. 7. A statement as to why the reasonable accommodation is necessary to make the specific property accessible to the individual. B. Review with other land use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, conditional use permit, site plan and architectural review, precise plan amendment, or encroachment pennit), then the applicant shall file the information required by Subsection A above, together for concurrent review with the application for discretionary approval. 16-90.040 - Review Authority A. Director of Community Development. Requests for reasonable accommodation shall be reviewed by the Director if no discretionary permit approval is required other than the request for reasonable accommodation. TOWN OF TIBURON PAGE 10 OF 13 ~IBIT ISO. A B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary permit application shall be reviewed by the Review Authority reviewing the discretionary permit application. 16-90.050 - Review Procedure A. Director Review. The Director shall snake a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 16-90.060 (Findings, Other Requirements, and Decision). The Director shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property in his reasonable discretion. Said notice shall be mailed at least ten days prior to making a determination. B. Other Review Authority. The written detennination on whether to grant or deny the request for reasonable accommodation shall be made by the Review Authority responsible for reviewing the discretionary permit application in compliance with the applicable review procedure for the discretionary review. At a minimum, notice shall be provided pursuant to Subsection A above, unless more extensive notice is required by law. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 16-90.060 (Findings, Other Requirements, and Decision). 16-90.060 - Findings, Other Requirements, and Decision A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on a consideration of the following factors: 1. Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the Town. 4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a Town program or law, including but not limited to land use or zoning. 5. Potential impact on surrounding uses. 6. Physical attributes of the property and structures. 7. Alternative reasonable accommodations that may provide an equivalent level of benefit. TOWN OF TIBUR©N PAGE 11 OF Z3 EXHIBIT NO. A B. Other Requirements. 1. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable regulations. 2. A modification approved under- this Article is considered a personal accommodation for the individual applicant and does not run with the land. C. Conditions of approval. In granting a request for reasonable accommodation, the Director or Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection A above, including but not limited to the following: Inspection of the property periodically, as specified, to verify compliance with this Article and any conditions of approval. 2. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists. 3. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists. 4. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists. 5. Measures to reduce the impact on surrounding uses. 6. Measures in consideration of the physical attributes of the property and structures. 7. Other conditions necessary to protect the public health, safety and welfare. 16-90.070 - Appeal of Determination A detennination by the Director or Review Authority to grant or deny a request for reasonable accommodation may be appealed within ten days of the decision to the Town Council in accordance with Section 16-66 (Appeals). ARTICLE X (DEFINITIONS) 16-100 Definitions The definition of "home occupation" would be amended to refer to the correct code section reference of 16-52.110. The definition of "family" makes reference to the term "domestic housekeeping unit," which is not defined in the zoning ordinance. The following definition would be added: TOWN OF TIBURON PAGE 12 OF 13 EXHIBIT NO. A Domestic housekeeping unit. One person or two or more individuals living together sharing household responsibilities, which may include sharing expenses, chores, and sharing meals together. The definitions of "LEED®" and "LEED® accredited professional" would be deleted as part of the elimination of the Green Building requirements within the zoning ordinance. The definition of "secondary dwelling unit" would be amended to refer to the correct code section reference of 16-52.100. The term "target population" would be added as follows to comply with Califomia Health and Safety Code provisions for emergency, transitional and supportive housing: Target population. Adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act Division 4.5 (commencing with Section 4500 of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. ENVIRONMENTAL REVIEW The proposed clean-up amendments are exempt from CEQA on the basis that they have no potential to result in adverse impacts on the environment or were adequately analyzed in prior environmental documents prepared for the Housing Element update in 2012 and for the comprehensive update of the Tiburon Zoning Ordinance in 2010. No further environmental review is required. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing and discuss the proposed text amendments to Chapter 16 (Zoning) of the Municipal Code; and 2. Adopt the attached Resolution (Exhibit 1) recommending approval of the text amendments to the Town Council. EXHIBITS 1. Draft Resolution Prepared By: Daniel M. Watrous, Planning Manager S: Plannin-Tlanning ConunissionlStaff Reports'20121.1une 13 meetinglZoning Ordinance & Chicken and BeesA.report.doc TOWN OF TiBURON PAGE 13 OF ~3 AL EXHIBIT NO. agreed and said that those who live uphill from TPC have major concerns regarding noise. He also said that TPC had been very good about reaching out to neighbors and he appreciated that. ACTION: It was M/S (Weller/Welner) that the TPC has been operating in substantial compliance with the CUP and that the permit should remain- unmodified and be reviewed in two years. Motion carried: 4-0. 6. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING VARIOUS PROPOSED CLEAN-UP TEXT AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE, INCLUDING BUT NOT LIMITED TO TEXT AMENDMENTS REGARDING DEFINITIONS, TIDELANDS PERMITS, SITE PLAN & ARCHITECTUAL REVIEW, PARKING, AFFORDABLE HOUSING OVERLAY ZONES, TEMPORARY USE PERMITS, REASONABLE ACCOMMODATION PROVISIONS, NON-CONFORMING USES AND HOME OCCUPATIONS; FILE NO. MCA2012-02; Town-initiated amendments Planning Manager Watrous said that the zoning ordinance was fully updated in 2010 and since that time staff had identified items that were not working well or discrepancies in the ordinance. Staff provided a series of items for the Commission to review these amendments and recommend approval. Commissioner Welner asked staff if there are any particular items they would like to highlight. Director Anderson said that it would be advisable to place size limits on the high density housing units to limit larger units, as smaller units generate less traffic and fewer potential view impacts. Chairman Corcoran asked if there were any other particular issues of major significance. Planning Manager Watrous said that the changes were mostly minor and intended to make small adjustments to the ordinance. He said that the one new section was Article IX, which had been the green building section, which had been repealed, and would now be replaced with the reasonable accommodation policies that are required by State law. He said that this section was put together by the Town Attorney and includes accommodation for people with disabilities. Commissioner Weller asked for an explanation of the change in numbers in the affordable housing percentages. Director Anderson said that the prior housing element from 2005 required that 60% of the units be affordable units, and that proved to be an overreach and impossibility. He said that the State required the numbers be dropped to make affordable projects more feasible and act as an incentive rather than a deterrent to projects. Commissioner Kunzweiler asked about the "rebuilt substantially" phrase on page 9 section 2, and suggested it was problematic because the definition is not clear. Planning Manager Watrous pointed out that the definition was in section 1. Commissioner Weller suggested cross-referencing the items and including "as defined in section 1" in section 2 to refer to that definition. Chairman Corcoran asked about the suggestion to no longer use Robert's Rules of Order. Director Anderson said that Rosenberg's Rules of Order covers every type of motion that a Planning Commission could encounter, and most cities have already adopted them. There were no public comments. ACTION: It was M/S (Weller/Kunzweiler) to adopt the draft resolution recommending approval of the text amendments to the Town Council with the addition of the language as described above under section 16-62.030, point 4, section c(2). Motion carried: 4-0. EXHIBIT NO. TIBURON PLANNING COMMISSION MINUTES - JUNE 13, 2012 MINUTES NO. 1022 PAGE 7 RESOLUTION NO. 2012-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION OF TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE WHEREAS, the Town of Tiburon has initiated text amendments to the Town's Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and WHEREAS, a display ad notice of the public hearing on the amendments was published in the Ark newspaper on May 30, 2012 and other noticing was provided as required by law; and WHEREAS, the Planning Commission did hold a duly noticed and advertised public hearing on June 13, 2012 and considered any testimony received during the public hearing; and WHEREAS, the Planning Commission has determined that the proposed clean-up amendments are exempt from CEQA on the basis that they have no potential to result in adverse impacts on the environment or were adequately analyzed in prior environmental documents prepared for the Housing Element update in 2012 and for the comprehensive update of the Tiburon Zoning Ordinance in 2010, and that no further environmental review is required; and WHEREAS, the Planning Commission finds that the proposed zoning text amendments are consistent with the goals, policies, and programs of the Tiburon General Plan and are consistent with the objectives of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the Town Council adopt the Zoning Ordinance text amendments as set forth in the attached Exhibit "A", entitled "Town of Tiburon Title IV Chapter 16 of the Municipal Code (Zoning Ordinance), Planning Commission Recommended Amendments, June 2012." PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on June 13, 2012) by the following vote: AYES: COMMISSIONERS: Corcoran, Kunzweiler, Weller, Welner NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tollini a fl)A JO ORC , C AIRMAN Tiburon Planning Commission TIBURON PLANNING COMMISSION RESOLUTION NO. 2012-10 JUNE 13, 2012 EXHIBIT NO. C ATTEST: SCOTT ANDERSON, SECRETARY Attachment: Exhibit "A TIBURON PLANNING COMMISSION RESOLUTION NO. 2012-10 JLJNE 13, 2012 EXHIBIT NO. C Exhibit A Town of Tiburon Title IV Chapter 16 of the Municipal Code (Zoning Ordinance), Planning Commission Recommended Amendments, June, 2012 ARTICLE II (ZONES AND ALLOWABLE LAND USES) 16-21 Residential Zones Table 2-1 Table 2-1 shall be modified to include home occupations under "residential use" as a permitted use in any residential zone. A new footnote (No. 5) shall be created for home occupations in this table, reading "Subject to the requirements of Section 16-52.110 (Home Occupations)." 16-21.040 (C[11) - Density Standards The reference to the "zoning map" in this section shall be changed to the "Land Use Diagram in the Land Use Element of the General Plan." 16-23.030 - Affordable Housing Overlay Zones Allowable Land Uses and Permit Requirements Section 16-23.030 (D[a]) shall be amended to read as follows: D. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following: a. Include a minimum of twenty five percent very low-income, twet4y ten percent low-income, and two ten percent moderate- income housing units, as defined in Section 16-70.030 (General Inclusionary Requirements). Moderate-income rental units shall be counted only if they are below ninety percent of the median income. it T t f d e~ ff r- th dable iiiit - h s no meeC I I g SZ-o aft a e e CT e - , _ d ~~T d fi- ~ shall ot fi i ) D exeeed-f 4 IGlti e fie e n ns , n 71-( y ei 16-23.050 - Affordable Housing Overlay Zones Development Incentives Section 16-23.050 (A[1]) shall be amended to read as follows: EXHIBIT NO. C_ A. R-NIP/AHO Zone. The following development incentives are available to qualifying affordable residential developments in the RMP/AHO zone: 1. Density/regulations. Higher density and relaxation and/or flexibility in the development standards in Section 16-23.040 .(Affordable Housing Overlay Zones General Development Standards). Densities toward the top of the range may be appropriate where units are significantly smaller and would have fewer impacts than the market norm. For purposes of calculating densities, the number of studio dwelling units shall be counted toward the total number of dwelling units allowed at a one and one-half to one (1.5:1) ratio provided that each studio unit does not exceed six hundred (600) square feet in floor area; and the number of one bedroom units shall be counted toward the total number of dwelling units allowed at a one and one-quarter to one (1.25: 1) ratio provided that each one bedroom unit does not exceed eight hundred (800) square feet in floor area. Section 16-23.050 (A[2]) and Section 16-23.050 (B[2]) shall be amended to read as follows: 2. Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from nonaffordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the Review Authority to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co-housing live-work housing opportunities, or other types of housing that create shared spaces. Section 16-23.050 (A[3]) and Section 16-23.050 (B[3]) shall be amended to read as follows: 3. Parking standards. Parking standards shall be reduced within reason by the Review Authority depending on project characteristics and availability of on-street parking. Flexible parking standards may include shared parking, joint use parking. off-site parking, allowances for reduced standards depending on location (such as near transit) and modified parking stall dimensions and tandem parking. The following section shall be added to Sections 16-23.050 A & B: EXHIBIT NO. 7. Other incentives and contributions. Town financial contributions toward the construction of utilities, public road improvements and other traffic improvements; soils remediation; plan preparation and development; construction subsidies for the affordable units; and assistance and support in securing public financing, such as bonds or tax credits. 16-25.030 (B) - Uses Permitted with a Tidelands Pen-nit in the M Zone Section 16-25.030 (B[2]) shall be amended to read as follows: 2. Berthing, mooring and landing facilities for boats. Section 16-25.030 (B[4]) shall be created to read as follows: 4. Facilities for yacht and boat clubs, except that yacht and boat sales, maintenance, haul-outs and similar- facilities shall not be allowed. ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARKING STANDARDS) 16-30 Standards for All Development and Land Uses 16-30.030 - Setback requirements and Exemptions Section 16-30.030 (H) shall be revised to read as follows: H. Vehicle entry gates. Vehicle entry gates shall be set back a~ leas a minimum of fifteen feet from a any private or public roadway, shared driveway, curb, gutter or sidewalk so as not to impede vehicular or pedestrian traffic. The Review Authority shall have reasonable discretion to require a larger setback distance, if circumstances warrant. 16-30.100 - Submerged and Partially Submerged Land Section 16-30-100. B. shall be amended to read as follows: B. The area of such lots that is below the mean high tide line shall not be used in the determination of gxf s let 'm„m l of area' lat afea pe dwe ling ttfti , lot coverage, floor area ratio, or any other land and structure regulation of the zone in which it is located, but submerged land under- the same ownership may be applied toward the minirmurn lot area requirements and the required rear vard setback of a lot. See Table 2 2 in Seetien 16 21.040 (Residential Zones Developffient Standafds) fey- EXHIBIT NO. C Section 16-30.100 (D) shall be added to read as follows: D. "In the R-2 zone, where a lot is contiguous with a submerged or tide lot that lies entirely or partially in the M zone, and all of such property is under the same ownership, the total area of such contiguous lots may be used in determining whether the minimum lot area requirements have been met. Notwithstanding any other provision of this Section to the contrary, no building or accessory building or part thereof shall extend seaward of the zone boundary line between the R-2 zone and the M zone other than as may be permitted in compliance with the regulations of the M zone (Section 16-25). ARTICLE IV (STANDARDS FOR SPECIFIC LAND USE ACTIVITIES) 16-40 Standards for Specific Land Uses The index at the beginning of this section shall be amended to read as follows: 16-40.010 - Purpose and Applicability 16-40.020 - Exceptions for Detached Two-family Dwelling Unit 16-40.030 - Bed and Breakfast Inns (B&Bs) 16-40.040 - Seasonal Rental Units 16-40.050 - Child Day-Care Facilities 16-40.060 - Emergency Shelters ARTICLE V (ZONING PERMIT PROCEDURES) 16-52 Permit Review and Decisions 16-52.020 - Site Plan and Architectural Review The following changes shall be made to Section 16-52.020: E. Design Review Board as Review Authority. 2. The Review Authority Boafd shall meet and act on applications for Site Plan and Architectural Review within time limits in compliance with State law. The Review Authority shall determine from the reports and data submitted, supplemented by public comment and on-site inspections as the Review Authority may deem appropriate, whether the proposed use and structures will further the pumose set forth in Section 16-52.020 (A and satisfy the applicable criteria of Section 16-52.020 (H) meet hefein, and shall, upon making affirmative findings, approve the application. C--, EXHIBIT NO, 3. If the Review Authority, -freffi-the in€efratieii submitted, t afd finds-, based on evidence in the record, that the project would be contrary to o the purpose herein. or would not meet the applicable criteria herein weicild not be aehie , it shall deny the application or approve it subject to specified conditions or modifications. 4. The Review Authority d may impose such reasonable conditions it determines are necessary to allow it to make the required findings and which insure that the principles, guidelines provisions and standards will be met. Conditions required by the Review Authority must be implemented prior to final inspection and occupancy, unless otherwise stipulated. H. Guiding principles in the review of applications. In reviewing applications for Site Plan and Architectural Review, the Review Authority shall eensider-th they ~ pb determine whether the project meets the applicable criteria below, as well as any other guidelines that the Town Council may have adopted to govern Site Plan and Architectural Review: Section 16-52-020 (H[I I]) shall be amended as follows: 11. Green building. set fefth in Seefie 16 90.020 (G °a P ejee }The project design includes features that foster renewable energy and/or resource conservation, and the eve f gfeen b 16-52.080 - Tidelands Permit Section 16-52.080 (G) shall be added to read as follows: "Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for a Tidelands Permit to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director. Failure of any party to receive a courtesy notice shall not invalidate the proceedings." Section 16-52.080 (F) (Permitting Procedures) shall be amended to read as follows: F. Permitting Procedures. The Director shall act on Tidelands Permit applications if the application includes only repair to a structure, or is wE)f- feund te- - minor and incidental and without significant environmental impact. If Otherwise, the application shall be referred to the Commission for consideration EY,HTBTT NO with a Conditional Use Pen-nit (Section 16-52.040). The Director may refer any application for Tidelands Permit to the Planning Commission. This amendment shall also be reflected in Table 5-1 (Review Authority). 16-52.090 - Temporary Use Permit Section 16-52.090 (E) shall be added to read as follows: "Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for Temporary Use Permit to owners of property, as shown on the latest equalized Marin County assessment roll, located within three hundred feet of the subject property. Failure of any party to receive a courtesy notice shall not invalidate the proceedings." Section 16-52.090 (B) shall be amended to include the following: B. Approval required. A Temporary Use Permit may be approved for any of the following temporary uses: 4. Temporary tents. A temporary tent not exceeding five hundred (500) square feet in area, for private recreational or promotional use, may be approved on a residential or commercial property for a time period not to exceed five (5) calendar days. 16-52.100 - Secondary Dwelling Unit Section 16-52.100 (N) shall be added as follows: "Density. Pursuant to California Govermnent Code Section 68552.2, no secondary dwelling unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the Land Use Element of the Tiburon General Plan." 16-52.110 - Home Occupations The following sentence shall be added to Section 16-52.110 (A): "A Home Occupation Permit is required for any use defined as a home occupation." EXHIBIT NO. C- ARTICLE VI (ZONING ORDINANCE ADMINISTRATION) 16-60 Administrative Responsibility Sections 16-60.020 (D) and 16-60.030 (D) shall be amended to replace the term "Robert's Rules of Order"' with "Rosenberg's Rules of Order." The code reference to home occupations in Section 16-60.030 (A[ 1(c)]) shall be corrected to refer to the correct code section reference of 16-52.110. 16-62 Nonconforming Uses, Structures, and Lots Section 16-62.030 (A[4(c)]) shall be created to read as follows: 4. Termination of nonconforming uses by destruction. C. A two-family dwelling or multi-family dwelling that is involuntarily damaged or destroyed may be reconstructed, pursuant to the requirements of California Government Code Section 65852.25, or successor sections thereto. (1) If the structure is proposed to be rebuilt substantially to the same floor area, form, appearance, elevations, footprint, volume, lot coverage and number of dwelling units as the previously existing structure, Site Plan and Architectural Review approval shall be required only for exterior materials and colors, provided that reasonable efforts are made to correct or mitigate conditions that do not conform to this Zoning Ordinance. (2) If the structure is not proposed to be rebuilt substantially the same as the previously existing structure as set forth in subsection (1) above, Site Plan and Architectural Review approval of all new and altered construction shall be required. Existing nonconforming conditions that are not directly affected by the new, enlarged or altered construction need not be brought into full conformity, unless otherwise required by law. 16-66 Appeals Section 16-66.020 (C[3]) shall be amended to correctly refer to Section 16-50.050 (C) (Appeal of Determination of Completeness). PV1J,TBTT NO._~_--- ARTICLE IX (REASONABLE ACCOMMODATION) The following Article IX shall be added: 16-90.010 - Purpose This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. 16-90.020 - Applicability A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Article is intended to apply to those persons who are defined as disabled under the Acts. A request for reasonable acconunodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed in Section 16-90.030 (Application Requirements). 16-90.030 - Application Requirements A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter, to the Director of Community Development and shall contain the following information: 1. The applicant's name, address and telephone number. ? Address of the property for which the request is being made. The current actual use of the property. 4. The basis for the claim that the individual is considered disabled under the Acts. 5. The zoning code provision, regulation or policy that is the subject of the applicant's requested reasonable accommodation. EXHIBIT Why the reasonable accommodation is necessary to make the specific property accessible to the individual. B. Review with other land- use applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, conditional use permit, site plan and architectural review, general plan amendment, zone change, annexation, etc.), then the applicant shall file the information required by Subsection A above, together for concurrent review with the application for discretionary approval. 16-90.040 - Review Authority A. Director of Community Development. Requests for reasonable accommodation shall be reviewed by the Director if no zoning permit approval is required other than the request for reasonable accommodation. B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary zoning permit application shall be reviewed by the Review Authority reviewing the discretionary zoning pen-nit application. 16-90.050 - Review Procedure A. Director Review. The Director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 16-90.060 (Findings, Other Requirements, and Decision). The Director shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director. Said notice shall be mailed at least ten days prior to making a determination. B. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Review Authority responsible for reviewing the discretionary zoning pen-nit application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 16-90.060 (Findings, Other- Requirements, and Decision). 16-90.060 - Findings, Other Requirements, and Decision A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on a consideration of the following factors: C- ~N0._ JXHIBIT Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the Town. 4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a Town program or law, including but not limited to land use or zoning. 5. Potential impact on surrounding uses. 6. Physical attributes of the property and structures. 7. Alternative reasonable accommodations that may provide an equivalent level of benefit. B. Other Requirements. 1. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations. 2. A modification approved under this Article is considered a personal accommodation for the individual applicant and does not run with the land. C. Conditions of approval. In granting a request for reasonable accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection A above, including but not limited to the following: 1. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval. 2. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists. 3. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists. EXHIBIT NO. 4. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists. 5. Measures to reduce the impact on surrounding uses. Measures in consideration of the physical attributes of the property and structures. Other conditions necessary to protect the public health, safety and welfare. 16-90.070 - Appeal of Determination A determination by the Review Authority to grant or deny a request for reasonable accommodation may be appealed within ten days of the decision to the Town Council in compliance with Section 16-66 (Appeals). ARTICLE X (DEFINITIONS) 16-100 Definitions The definition of "home occupation" shall be amended to refer to the correct code section reference of 16-52.110. The following definitions shall be added: Domestic housekeeping unit. One person or two or more individuals living together sharing household responsibilities, which may include sharing expenses, chores, and sharing meals together. Target population. Adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act Division 4.5 (commencing with Section 4500 of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. The definitions of "LEEDG" and "LEED® accredited professional" shall be deleted. The definition of "secondary dwelling unit" shall be amended to refer to the correct code section reference of 16-52.100. EXHIBIT NO. DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MAKING VARIOUS TEXT AMENDMENTS SECTION 1. FINDINGS. A. On June 13, 2012, the Planning Commission adopted Resolution No. 2012-10 recommending to the Town Council that various text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on , 2012 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code shall be amended as follows: (A) Section 16-21.030, Table 2-1, shall be modified to read as follows: EXHIBIT No. "D Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 TABLE 2-1 P Permitted Use Allowed Land Uses and Permit Requirements U Conditional Use Permit for Residential Zones - Use not allowed PERMIT REQUIRED BY DISTRICT Specific Use LAND USE (1) R-1 R-1-113 RO R-2 R-3 RPD RMP Regulations AGRICULTURAL & OPEN SPACE USES Agriculture U U U U U U U Botanical conservatories, outdoor nature laboratories, similar facilities - - - - - U U Open space use - - - - - P P Wildlife sanctuaries - - - - - U U RFCRPATION PnIICATION & Pl1Rl IC ASSPMRL_Y USES Equestrian facility (2) U U U - - U U Title VI, 20-5. Golf course/country club U U U - - U U Library, museum U U U U U - - Parochial or other nonprofit school - elementary, secondary, or college U U U U U U U Philanthropic or charitable facility U U U U U U U Private residential recreation facilities U U U U U U U Public park P P P P P P P Playground U U U U U U U Publicly owned building or facility U U U U U U U Religious places of worship U U U U U U U RFSIDFNTIAL IISFS Home occupation (5) P P P P P P P 16-52.110 Intermediate or community care facility (3) P P P P P P P Multifamily dwelling - - - - P - P Secondary dwelling unit P P P - - P - 16-52.100 Single-family dwelling P P P P - P P Single-family dwelling providing room/board for 1 paying guest P P P P - P P Two-family dwelling, attached - - - P - - P Two-family dwelling, detached - - - P(4) - - - 16-40.020 Transitional, supportive housing P P P P P P P Key to Zoning District Symbols R-1 Single-Family Residential R-3 Multifamily Residential R-1-11211 Modified Single Family Residential RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two-Family Residential Notes: (1) See Article X (Definitions) for land use definitions. (2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of license issued under horse license ordinance. (3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code. (4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62. (5) Subject to the requirements of Section 16-52.110 (Home Occupations). Tiburon Town Council Ordinance No. XXX N.S. Effective -4-42012 \ 2 EXHIBIT NO. J~ (B) Section 16-21.040 C.1., shall be modified to read as follows: 1. Undeveloped land. Maximum residential densities for undeveloped land in the RPD and RMP zones shall be as established on the Land Use Diagram in the Land Use Element of the General Plan. (C) Section 16-23.030 D. a. shall be amended to read as follows: a. Include a minimum of five percent very low-income, ten percent low- income, and ten percent moderate-income housing units, as defined in Section 16-70.030 (General Inclusionary Requirements). Moderate- income rental units shall be counted only if they are below ninety percent of the median income. (D) Section 16-23.050 A. I. shall be amended to read as follows: 1. Density/regulations. Higher density and relaxation and/or flexibility in the development standards in Section 16-23.040 (Affordable Housing Overlay Zones General Development Standards). Densities toward the top of the range may be appropriate where units are significantly smaller and would have fewer impacts than the market norm. For purposes of calculating densities, the number of studio dwelling units shall be counted toward the total number of dwelling units allowed at a one and one-half to one (1.5:1) ratio provided that each studio unit does not exceed six hundred (600) square feet in floor area; and the number of one bedroom units shall be counted toward the total number of dwelling units allowed at a one and one-quarter to one (1.25:1) ratio provided that each one bedroom unit does not exceed eight hundred (800) square feet in floor area. (E) Section 16-23.050 A. 2. shall be amended to read as follows: 2. Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from non- affordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the Review Authority to reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co- housing, live-work housing opportunities, or other types of housing that create shared spaces. (F) Section 16-23.050 B. 2. shall be amended to read as follows: 2. Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from non- affordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the Review Authority to Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 EXHIBIT NO. reduce costs of providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co- housing, live-work housing opportunities, or other types of housing that create shared spaces. (G) (H) (I) (J) (K) (L) Section 16-23.050 A. 3. shall be amended to read as follows: 3. Parking standards. Parking standards shall be reduced within reason by the Review Authority depending on project characteristics and availability of on- street parking. Flexible parking standards may include shared parking, joint use parking, off-site parking, allowances for reduced standards depending on location (such as near transit), and modified parking stall dimensions and tandem parking. Section 16-23.050 B. 3. shall be amended to read as follows: 3. Parking standards. Parking standards shall be reduced within reason by the Review Authority depending on project characteristics and availability of on- street parking. Flexible parking standards may include shared parking, joint use parking, off-site parking, allowances for reduced standards depending on location (such as near transit), and modified parking stall dimensions and tandem parking. Section 16-23.050 A. 7. shall be added to read as follows: 7. Other incentives and contributions. Town financial contributions toward the construction of utilities, public road improvements and other traffic improvements; soils remediation; plan preparation and development; construction subsidies for the affordable units; and assistance and support in securing public financing, such as bonds or tax credits. Section 16-23.050 B. 7. shall be added to read as follows: 7. Other incentives and contributions. Town financial contributions toward the construction of utilities, public road improvements and other traffic improvements; soils remediation; plan preparation and development; construction subsidies for the affordable units; and assistance and support in securing public financing, such as bonds or tax credits. Section 16-25.030 B. 2. shall be amended to read as follows: 2. Berthing, mooring and landing facilities for boats. Section 16-25.030 B.4. shall be added to read as follows: 4. Facilities for yacht and boat clubs, except that yacht and boat sales, maintenance, haul-outs and similar facilities shall not be allowed. Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 4 EXHIBIT NU. (M) Section 16-30.030 H. shall be revised to read as follows: H. Vehicle entry gates. Vehicle entry gates shall be set back a minimum of fifteen feet from a private or public roadway, shared driveway, curb, gutter or sidewalk so as not to impede vehicular or pedestrian traffic. The Review Authority shall have reasonable discretion to require a larger setback distance, if circumstances warrant. (N) Section 16-30.100 B. shall be revised to read as follows: B. The area of such lots that is below the mean high tide line shall not be used in the determination of lot coverage, floor area ratio, or any other land and structure regulation of the zone in which it is located, but submerged land under the same ownership may be applied toward the minimum lot area requirements and the required rear yard setback of a lot. (O) Section 16-40 (index at the beginning of the section) shall be amended to read as follows: Section: 16-40.010 - Purpose and Applicability 16-40.020 - Exceptions for Detached Two-family Dwelling Unit 16-40.030 - Bed and Breakfast Inns (B&Bs) 16-40.040 - Seasonal Rental Units 16-40.050 - Child Day-Care Facilities 16-40.060 - Emergency Shelters (P) Section 16-50.020, Table 5-1 (Review Authority), shall be amended to read as follows: Table 5-1 - Review Authority Role of Review Authority' Type of Permit or Decision Director Design Review Planning Town Council Board Commission Site Plan and Architectural Decide Appeal Action Review Site Plan and Architectural Decide Appeal Action Review Minor Alterations Variance, Site Plan and Decide Appeal Action Architectural Review-related Variance, Other Decide Appeal Action Conditional Use Permit Decide Appeal Action Condominium Use Permit Decide Appeal Action Precise Development Plan Recommend Decide Secondary Dwelling Unit Permit Decide Appeal Action Zoning Ordinance Text Recommend Decide Amendment Rezoning or Prezoning2 Recommend Decide Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 5 EXHIBIT NO. Table 5-1 - Review Authority Role of Review Authorit Type of Permit or Decision Director Design Review Planning Town Council Board Commission Home Occupation Permit Decide3 Appeal Action3 Temporary Use Permit Decide Appeal Action Tidelands Permit 3 Decide 3 Appeal Action minor and incidental Tidelands Permit (all other) Decide Appeal Action Minor changes to an approved project Decide4 Notes: 1. "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 16-66 (Appeals). 2. If the Planning Commission denies an application for a Precise Development Plan amendment, Zoning Text Amendment, Rezoning or Prezoning, that decision is final unless appealed to the Town Council. 3. The Director may refer any such application to the Planning Commission for review and action, in which case the Town Council will be the appeal body. 4. An appeal of the Director's decision shall be heard by the original project's Review Authority, whose decision shall be final. (Q) Section 16-52.020 E. shall be amended to read as follows: E. Design Review Board as Review Authority. 1. The Design Review Board (Board) shall be the Review Authority for all applications for Site Plan and Architectural Review, except as otherwise provided in Subsection F. Meetings and actions of the Review Authority shall be as set forth in Section 16-64 (Public Hearings). 2. The Review Authority shall meet and act on applications for Site Plan and Architectural Review within time limits in compliance with State law. The Review Authority shall determine from the reports and data submitted, supplemented by public comment and on-site inspections as the Review Authority may deem appropriate, whether the proposed use and structures will further the purpose set forth in Section 16-52.020 (A) and satisfy the applicable criteria of Section 16-52.020 (H), and shall, upon making affirmative findings, approve the application. 3. If the Review Authority finds, based on evidence in the record, that the project would be contrary to the purpose herein, or would not meet the applicable criteria herein, it shall deny the application or approve it subject to specified conditions or modifications. 4. The Review Authority may impose such reasonable conditions it determines are necessary to allow it to make the required findings and which insure that the principles, guidelines, provisions and standards will Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 6 EXHIBIT NO. be met. Conditions required by the Review Authority must be implemented prior to final inspection and occupancy, unless otherwise stipulated. (R) (S) (T) (U) (V) (w) Section 16-52.020 H. (introductory paragraph only) shall be amended to read as follows: H. Guiding principles in the review of applications. In reviewing applications for Site Plan and Architectural Review, the Review Authority shall determine whether the project meets the applicable criteria below, as well as any other guidelines that the Town Council may have adopted to govern Site Plan and Architectural Review. Section 16-52-020 H. 11. shall be amended to read as follows: 11. Green building. The project design includes features that foster renewable energy and/or resource conservation. Section 16-52.080 F. shall be amended to read as follows: F. Permitting Procedures. The Director shall act on Tidelands Permit applications if the application includes only repair to a structure, or is minor and incidental and without significant environmental impact. Otherwise, the application shall be referred to the Commission for consideration with a Conditional Use Permit (Section 16-52.040). The Director may refer any application for Tidelands Permit to the Planning Commission. Section 16-52.080 G. shall be added to read as follows: G. Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for a Tidelands Permit to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director. Failure of any party to receive a courtesy notice shall not invalidate the proceedings. Section 16-52.090 B. 5. shall be added to read as follows: 5. Temporary tents. A temporary tent not exceeding five hundred (500) square feet in area, for private recreational or promotional use, may be approved on a residential or commercial property for a time period not to exceed five (5) calendar days. Section 16-52.090 E. shall be added to read as follows: E. Notices. The Director shall mail courtesy (i.e., not required by state or local law) notices of all applications for Temporary Use Permit to owners of property, as shown on the latest equalized Marin County assessment roll, located within three hundred (300) feet of the subject property. Failure of any party to receive a courtesy notice shall not invalidate the proceedings. Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 7 EXHIBIT M. i--. (X) (Y) (Z) Section 16-52.100 N. shall be added to read as follows: N. Density. Pursuant to California Govennment Code Section 68552.2, no secondary dwelling unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the Land Use Element of the Tiburon General Plan." Section 16-52.110 A. shall be amended to read as follows: A. Application and fee. Application for a Home Occupation Pen-nit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing), and shall be accompanied by the appropriate fee. A Home Occupation Permit is required for any use defined as a home occupation. Section 16-60.020 D. shall be amended to read as follows: D. Meetings. The Board shall adopt a regular schedule of meetings and should meet at least one time per month. Meetings shall generally be conducted in accordance with Rosenberg's Rules of Order, but otherwise in accordance with reasonable rules and regulations established by the chairman. (AA) Section 16-60.030 A. 1. c. shall be amended to read as follows: C. Home Occupation Permits when referred by the Director, as set forth in Section 16-52.110 (Home Occupations), (BB) (CC) Section 16-60.030 D. shall be amended to read as follows: D. Meetings. The Commission shall adopt a regular schedule of meetings and should meet at least one time per month. Meetings shall generally be conducted in accordance with Rosenberg's Rules of Order, but otherwise in accordance with reasonable rules and regulations established by the chairman. Section 16-62.030 A. 4. c. shall be added to read as follows: C. A two-family dwelling or multi-family dwelling that is involuntarily damaged or destroyed may be reconstructed, pursuant to the requirements of California Government Code Section 65852.25, or successor sections thereto. (1) If the structure is proposed to be rebuilt substantially to the same floor area, form, appearance, elevations, footprint, volume, lot coverage and number of dwelling units as the previously existing structure, Site Plan and Architectural Review approval shall be required only for exterior materials and colors, provided that reasonable efforts are made to correct or mitigate conditions that do not conform to this chapter. Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 '.t,XHIBIT ~,10. (2) If the structure is not proposed to be rebuilt substantially the same as the previously existing structure as set forth in subsection (1) above, Site Plan and Architectural Review approval of all new and altered construction shall be required. Existing nonconforming conditions that are not directly affected by the new, enlarged or altered construction need not be brought into full conformity, unless otherwise required by law. (DD) Section 16-66.020. C. 3. shall be amended to read as follows: 3. Appeal on completeness. Any determination that a permit application or information submitted with the application is incomplete, in compliance with State law (Government Code Section 65943). Refer to Subsection 16-50.050.C. (Appeal of Determination of Completeness) for further information. (EE) Article IX is hereby added to Chapter 16 read as follows: ARTICLE IX REASONABLE ACCOMMODATION Section: 16-90.010 - Purpose 16-90.020 - Applicability 16-90.030 - Application Requirements 16-90-040 - Review Authority 16-90-050 - Review Procedure 16-90-060 - Findings, Other Requirements, and Decision 16-90-070 - Appeal of Determination 16-90.010 - Purpose This Article provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. 16-90.020 - Applicability A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This Article is intended to apply to those persons who are defined as disabled under the Acts. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 9 EXHIBIT ~ , facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed in Section 16-90.030 (Application Requirements). 16-90.030 - Application Requirements A. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter, to the Director of Community Development and shall contain the following information: The applicant's name, address and telephone number. 2. Address of the property for which the request is being made. 3. The current actual use of the property. 4. The basis for the claim that the individual is considered disabled under the Acts. The zoning code provision, regulation or policy that is the subject of the applicant's requested reasonable accommodation, and a narrative and graphic (where applicable) description of the specific accommodation requested. 6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual. B. Review with other land use applications. If the project for which the request for reasonable accommodation is being made requires one or more discretionary approvals (including, but not limited to, conditional use permit, site plan and architectural review, encroachment permit, etc.), then the applicant shall file the information required by Subsection A. above, together for concurrent review with the application for discretionary approval. 16-90.040 - Review Authority A. Director of Community Development. Requests for reasonable accommodation shall be reviewed by the Director if no discretionary permit approval is required other than the request for reasonable accommodation. B. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary permit application shall be reviewed by the Review Authority reviewing the discretionary permit application. 16-90.050 - Review Procedure A. Director Review. The Director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 16-90.060 (Findings, Other Requirements, and Decision). The Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 10 EXHIBIT NO.-) . Director shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Marin County assessment roll, but may include other property owners as determined by the Director. Said notice shall be mailed at least ten days prior to snaking a determination. B. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Review Authority responsible for reviewing the discretionary permit application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 16-90.060 (Findings, Other Requirements, and Decision). 16-90.060 - Findings, Other Requirements, and Decision A. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on a consideration of the following factors: 1. Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts. 2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the Town. 4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a Town program or law, including but not limited to land use or zoning. 5. Potential impact on surrounding uses. 6. Physical attributes of the property and structures. 7. Alternative reasonable accommodations that may provide an equivalent level of benefit. B. Other Requirements. 1. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable regulations. 2. A modification approved under this Article is considered a personal accommodation for the individual applicant and does not run with the land. Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 11 N RTBIT NO, C. Conditions of approval. In granting a request for reasonable accommodation, the Review Authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection A above, including but not limited to the following: 1. Inspection of the property periodically, as specified, to verify compliance with this article and any conditions of approval. 2. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists. 4. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists. 5. Measures to reduce the impact on surrounding uses. 6. Measures in consideration of the physical attributes of the property and structures. 7. Other conditions necessary to protect the public health, safety and welfare. 16-90.070 - Appeal of Determination A determination by the Review Authority to grant or deny a request for reasonable accommodation may be appealed within ten days of the decision to the Town Council in compliance with Section 16-66 (Appeals). (FF) Section 16-100 [Definitions] shall be amended as follows: The definition of "home occupation" shall be amended to read as follows Home occupation. Any use which is conducted entirely within a dwelling and carried on by the inhabitants thereof, is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone in which it is located, and may be permitted in any residential zone. Subject to the regulations contained in Section 16-52.110 (Home Occupations). 2. The definition of "secondary dwelling unit" shall be amended to read as follows: Tiburon Town Council Ordinance No. XXX N.S. Effective -4-42012 12 EXHIBIT N0. Secondary dwelling unit. An attached or detached additional dwelling unit on a single-family lot, which provides independent living facilities for not more than three persons, and which has kitchen/cooking, sleeping and sanitation facilities on the same lot as the primary unit is situated. See Section 16-52.100 (Secondary Dwelling Unit). The following definitions are used for secondary dwelling units: 3. 4. 1. Attached secondary dwelling unit. A secondary dwelling unit that shares a common wall with the primary unit. 2. Legal nonconforming secondary dwelling unit. A secondary dwelling unit that currently does not conform to the regulations for the zone in which it is situated but which did conform at the time it was constructed or erected. 3. Owner of record. The owner of at least fifty percent interest in the subject real property. 4. Primary unit. The building (or portion of the building in cases of an attached secondary dwelling unit) in which the principal residential use of the lot takes place. A secondary dwelling unit cannot constitute the primary unit. 5. Principal place of residence. A dwelling unit that is occupied by the owner of record as a primary place of residence. The following definitions shall be added to read as follows: Domestic housekeeping unit. One person or two or more individuals living together sharing household responsibilities, which may include sharing expenses, chores, and sharing meals together. Target population. Adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act Division 4.5 (commencing with Section 4500 of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. The following definitions shall be deleted: LEEDS'. Any one of the U.S. Green Building Council's Leadership in Energy and Environmental Design green building rating systems or programs. LEEDC' accredited professional. A person who is accredited by the U.S. Green Building Council as having a thorough understanding of green building practices and principles and familiarity with LEEDC' requirements, resources and processes. Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 13 b.'XHIIBIT NCB.-- --1 - SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 14 EXHIBIT Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21st Century by Dave Rosenberg he rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that hasn't always been the case. Virtu- ally all clubs, associations, boards, coun- cils and bodies follow a set of rules, Robert's Rules of Order, which are em- bodied in a small but complex book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and purpose. If you are running the British Parliament, Robert's Rules of Order is a dandy and quite use- ful handbook. On the other hand, if you're running a meeting of a five- member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of "Rosenberg's Rules of Order." This publication covers the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified and slimmed down for 21st century meetings, yet they retain the basic tenets of order to which we are accustomed. "Rosenberg's Rules of Order" are sup- ported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parlia- mentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facili- tate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other mem- bers of the body in debates and discus- sions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a mem- ber of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, published agenda; informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon road map for the meeting. And each agenda item can be handled by the chair in the following basic format. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire to move on. II3IT NO. C,- First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, www.cacities.org I Rosenberg's Rules of Order. Simple Parliamentary Procedure for the 21st Century a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal meeting, open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject, the chair may limit the time of each public speaker. At the conclusion of the public comments, the chair should ann- ounce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and sec- onded, the chair should make sure every- one understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite dis- cussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to re- peat the motion. If there has been sub- stantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Motions are made in a simple two-step process. First, the chair recognizes the member. Second, the member makes a motion by preceding the member's desired approach with the words: "I move A typical motion might be: "I move that we give 10 days' notice in the future for all our meetings." The chair usually initiates the motion by: 1. Inviting the members to make a motion: "A motion at this time would be in order." Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Ninth, the chair takes a vote. Simply asking for the "ayes" and then the "nays" is normally sufficient. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise or unless a super-majority is required (as delineated later in these rules), a simple majority determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the mem- bers, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days' notice for all future meetings of this governing body." Motions in General Motions are the vehicles for decision- making. It is usually best to have a mot- ion before the governing body prior to discussing an agenda item, to help every- one focus on the motion before them. 2. Suggesting a motion to the members: "A motion would be in order that we give 10-days' notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 1. The basic motion. The basic motion is the one that puts forward a deci- sion for consideration. A basic mot- ion might be: "I move that we create a five-member committee to plan and put on our annual fundraiser." 2. The motion to amend. If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10- member committee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way. _ `1F.1 BIT NO. E_ 2 League of California Cities Rosenberg's Rules of Order. Simple Parliamentary Procedure for the 21st Century 3. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would "move a substitute motion." A substi- tute motion might be: "I move a sub- stitute motion that we cancel the annual fundraiser this year." Motions to amend and substitute mo- tions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substi- tute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair deter- mines it is really a substitute motion, the chair's designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for exam- ple, assume the first motion is a basic "motion to have a five-member commit- tee to plan and put on our annual fund- raiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundraiser." And per- haps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper proce- dure would be as follows. First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would elimi- nate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full dis- cussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, sub- ject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The fol- lowing motions are not debatable (that is, when the following motions are made and seconded, the chair must immedi- ately call for a vote of the body without debate on the motion): A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair deter- mines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. The challenge for anyone chairing a public meet- ing is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member com- mittee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. A motion to fig the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to EYvHTBIT No. www.cacities.org 3 Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century be placed on "hold." The motion may contain a specific time in which the item can come back to the body: "I move we table this item until our regu- lar meeting in October." Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate. The most common form of this motion is to say: "I move the previous question" or "I move the question" or "I call for the question." When a member of the body makes such a motion, the member is really saying: "I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the the motion fails. If one member is ab- sent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," "I move the question," "I call for the question" or "I move to limit debate," it all amounts to an attempt to cut off the ability of the minority to dis- cuss an item, and it requires a two-thirds vote to pass. Motion to close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. If you are running the B Robert's Rules of Order is useful handbook. ritish Parliament, a dandy and quite motion to limit debate requires a two- thirds vote of the body. A similar mot- ion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means Motion to object to the consideration of a question. Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two- thirds vote to pass. If the body has its own rules of order, conduct or proce- dure, this motion allows the body to sus- pend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the atten- dance at meetings by non-club mem- bers. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First is the matter of timing. A motion to reconsider must be made at the meet- ing where the item was first voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to recon- sider may be made only by a member who voted in the majority on the origi- nal motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other mem- ber of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The pur- pose of this rule is finality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. 4 League of California Cities I _J . IBIT N0. . Rosenberg's Rules of Order: Simple Parliamentary Procedure for the 21st Century If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain com- mon courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every It is usually best to have a motion before the gov- erning body prior to discussing an agenda item, to help everyone focus. lege relate to anything that would inter- fere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be: "Point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in ques- tion, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discus- sion that is too personal, too loud or too crude. Debate and discussion should be fo- cused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupt- ed for the following reasons: Privilege. The proper interruption would be: "Point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privi- relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is sim- ply another way of saying, "Let's return to the agenda." If a member believes that the body has drifted from the agreed- upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed with- drawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meet- ings very public-friendly. But in addi- tion, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participa- tion in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintain- ing steady progress through the agenda items. The rules presented here for con- ducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. Ell EXHIBIT NO. ~ www.cacities.org 5 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting July 18, 2012 Agenda Item: Subject: Consider Text Amendments to the Tiburon Municipal Code Title IV, Chapter 16 (Zoning) and Title VI, Chapter 20 (Animals) Establishing Regulations Regarding the Keeping of Chickens and Honeybees; File # MCA 2012-02; Town ;itiat Amendments (Ordinance - Introduction) Reviewed By: BACKGROUND & SUMMARY In recent years there has been a nationwide trend toward increased chicken-keeping and bee- keeping in urban and suburban areas. In Tiburon, this trend has manifested itself in the form of recent conditional use permit applications for chicken-keeping at residential locations. The Planning Commission acknowledged this trend in 2011 and directed staff to research the cost of these permits and how such uses are regulated in nearby jurisdictions. Currently, Tiburon requires a conditional use permit for keeping chickens or bees. Following review of information collected by staff and holding three public meetings on the issue, the Planning Commission recommended adoption of text amendments to the Town's zoning and animal regulations that would replace the current conditional use permits requirement for chicken-keeping and bee-keeping with a ministerial application process governed by Town- adopted standards; a process similar to that used for approval of secondary dwelling units in Tiburon. DESCRIPTION OF PROPOSED AMENDMENTS The Commission's recommended amendments would create a new section (16-40.070) of the zoning ordinance, entitled "Chicken and Honeybee Keeping". This new section would establish a ministerial permit process for chicken-keeping and for bee-keeping uses. The section would also authorize the adoption by Town Council resolution of performance standards for each type of use. If an applicant met all of the performance standards established for the use, the permit would be approved by Town staff. If an applicant was unable to meet all of the performance standards listed, the permit would be denied or deemed incomplete pending the showing of compliance with the standards. Numerous definitions related to chicken and bee-keeping would be added to the zoning ordinance. The proposed new section also provides procedures for periodic review, revocation, reporting of violations, enforcement, and appeals. Minor amendments to Chapter 20 (Animals) are proposed to maintain consistency between the zoning and animal regulations contained within the Municipal Code. TOWN OF TIBURON PAGE 1 OF 3 Lily 1. R , '2 "t 112 At its meeting of June 13, 2012, the Planning Commission voted 3-1 (Welner dissenting and Tollini absent) to recommend that the Town Council adopt an ordinance establishing a ministerial permit process and specific performance standards for both chicken-keeping and honeybee- keeping. The Planning Commission resolution, adopted minutes, and staff report from that meeting are attached as Exhibits A through C. Exhibit C also contains (as attachments) the Planning Commission staff reports and minutes from the two earlier meetings at which the chicken and bee issue was discussed. ANALYSIS Planning Commission Review At the February 22, 2012 and April 11, 2012 Planning Commission meetings, the Commission received the results of staff's research related to chicken-keeping and honeybee-keeping. This research included information on how other municipalities in Marin County and in Sonoma County process urban chicken and honeybee-keeping requests, as well as research into the potential health implications and ecological impacts relating to honeybee-keeping. These results are contained in full in Exhibit C. In summary, most Marin and Sonoma municipalities permit chickens by right, without any formal permit process. In addition, very few municipalities in either County regulate honeybees, and none of the staff members contacted were aware of health- or hazard-related occurrences that would have caused an outcry for greater regulation of chickens or bees. The only jurisdiction that recently revised its ordinance to permit honeybees, along with chickens, is Corte Madera. However, Town staff concluded from conversations with staff members of other municipalities, that code amendments to address keeping of chickens and honeybees may be processed in the future in those cities, depending on increased public demand. The Planning Commission was unanimous in its recommendation that chicken-keeping should be reviewed through a ministerial permit process. There was a range of opinion with respect to bee- keeping, and staff prepared two regulatory options for the Commission to consider. The first option recommended a ministerial permit process and specific performance standards for both chicken-keeping and honeybee-keeping, while the second option recommended a ministerial permit process and specific performance standards for chicken-keeping only, with bee-keeping to remain a conditionally permitted use. The Commission voted 3-1 to recommend the first option forward to the Town Council. Staff has provided the Town Council both options as well; however, the Town Council could opt to approve no amendments, or adopt another variation on the proposed amendments to the current zoning and animal regulations. The two options are attached as Exhibits D and E. Exhibit D is a draft ordinance recommending a ministerial permit process and specific performance standards for both chicken-keeping and honeybee-keeping. Exhibit E is a draft ordinance that eliminates all references to honeybee- keeping but establishes chicken-keeping as a ministerial permit process. Under the second option, honeybee-keeping would remain a conditionally-permitted use subject to issuance of a conditional use permit following a lawfully noticed public hearing. 2 .01 T o €z CoI.€fu.:i1 lec,fl:tl)r ~L€w ENVIRONMENTAL DETERMINATION The proposed zoning and animal text amendments are exempt from CEQA on the basis that they have no potential to result in adverse impacts on the environment and are also exempt under Sections 15303 (New Construction) and 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. FINANCIAL IMPACT Applicants would be required to submit a $250.00 flat fee for a chicken or honeybee keeping permit, which is anticipated to recover the Town's cost of processing these ministerial applications in most instances. Ongoing enforcement and review of permit conformance is likely to result in relatively minor but unknown soft costs, primarily in the form of staff time. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and discuss the proposed text amendments to Chapter 16 (Zoning) and Chapter 20 (Animals) of the Municipal Code; and 2. Deliberate on the proposed amendments and provide direction to staff as necessary. If the Town Council is prepared to move forward with reading of one of the two Ordinance options provided or a modified version of either, it should move to read by title only, waiving any additional readings, and introduce the Ordinance (either option "A" or option "B"). Pass the reading by roll call vote. If the reading is passed, the Ordinance will return for final adoption on a future consent calendar. EXHIBITS A. Planning Commission Resolution 2012-11 B. Minutes of the June 13, 2012 Planning Commission meeting C. Planning Commission Staff Report dated June 13, 2012 (with prior meeting exhibits) D. Draft Ordinance and Standards (Option A; chickens and bees) E. Draft Ordinance and Standards (Option B; chickens only) Prepared By: Laurie Tyler, Associate Planner RESOLUTION NO. 2012-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TOWN COUNCIL ADOPTION OF AMENDMENTS TO THE MUNICIPAL CODE (TITLE IV, CHAPTER 16, ZONING) WITH RESPECT TO CHICKEN AND HONEY BEE-KEEPING REGULATIONS AND OTHER MISCELLANEOUS AMENDMENTS WHEREAS, the Town of Tiburon has initiated a text amendment to the Town's Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and WHEREAS, notice of the public hearing on the amendments was published in a newspaper of general circulation in the Town of Tiburon and other noticing was provided as required by law; and WHEREAS, the Planning Commission did hold a duly noticed and advertised public hearing on June 13, 2012, at which testimony was received from the public; and WHEREAS, the Planning Commission finds that the project has no potential to result in adverse impacts on the environment and is otherwise exempt from the requirements of the California Environmental Quality Act per Sections 15303 and 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds that the proposed Zoning Ordinance amendments are consistent with the goals, policies, and programs of the Tiburon General Plan, and are consistent with the objectives of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the Town Council adopt the Municipal Code text amendments to Title IV, Chapter 16, Zoning, as set forth in the attached Exhibit "A". NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the Town Council adopt by resolution the Standards for Chicken Keeping and Honeybee Keeping, as set forth in the attached Exhibit "B". PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on June 13, 2012 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS TIBURON PLANNING COMMISSION Corcoran, Kunzweiler, Weller Welner Tollini RESOLUTION NO. 2012-11 June 13, 2012 EXHIBIT NO. JOHN CORCORAN, CHAIRMAN Tiburon Planning Commission ATTEST: SCOTT ANDERSON, SECRETARY Attachments: Exhibit "A"; Form of Ordinance Exhibit "B"; Standards for Chicken and Bee-Keeping TIBURON PLANNING COMMISSION RESOLUTION NO. 2012-11 June 13, 2012 Exhibit "A" Form of Ordinance Chickens & Bees DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) AND MUNICIPAL CODE TITLE VI, CHAPTER 20 (ANIMALS) WITH RESPECT TO CHICKEN AND HONEY BEE-KEEPING REGULATIONS AND MISCELLANEOUS OTHER AMENDMENTS SECTION 1. FINDINGS. A. On June 13, 2012, the Planning Commission adopted Resolution No. 2012-11 recommending to the Town Council that text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on , 2012 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. (A) Section 16-40.070, entitled "Chickens and Honey Bees", is added to Title IV, Chapter 16, Article IV of the Tiburon Municipal Code to read as follows: 16-40.070. Chickens and Honey Bees This section provides for establishment and reasonable regulation of bee-keeping and/or chicken-keeping as an accessory use to a single-family dwelling in certain residential zones while ensuring the public health, safety and welfare. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 A. Permit Required. It is unlawful to keep, possess, or maintain chickens or honey bee hives on any lot or parcel of land located in the Town unless a permit has first been approved by the Director of Community Development. B. Application and Fee. Application for a bee-keeping permit or for a chicken- keeping permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate fee. C. Director of Community Development as Review Authority. Applications for bee-keeping and/or chicken-keeping permit shall be acted upon by the Director as a ministerial permit without notice, discretionary review, or a public hearing. D. Grant of Bee-keeping or Chicken-keeping Permit; Standards for Review. In order to grant a bee-keeping or chicken-keeping permit, the Director shall find that the use would comply with all of the standards set forth in the Standards for Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, as adopted by Resolution of the Town Council. E. Trailing Permits. Any required Site Plan and Architectural Review and/or Building Permits associated with a bee-keeping or chicken-keeping use shall be obtained prior to commencement of the use. F. Approved Conditional Use Permits Still Valid. Any bee-keeping or chicken- keeping use with an approved Conditional Use Permit in existence prior to [insert effective date of this Ordinance] shall be a legal, non-conforming use, provided that it shall continue to comply with all conditions of its permit approval. G. Expiration by Limitation. A bee-keeping or chicken-keeping permit issued in compliance with this Section shall expire and become null and void two (2) years after issuance if the use has never commenced. H. Revocation. Upon written notice to the holder of a bee-keeping or chicken- keeping permit, and a hearing before the Director, the Director may revoke or modify any such permit, on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant and that false information had a material bearing on the granting of the permit. 2. That the permit granted is being or recently has been exercised contrary to the Town's adopted Standards for Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, or in violation of any statute, ordinance, law or regulation. 3. That the bee-keeping or chicken-keeping use has been abandoned for a continuous period of at least two (2) years. 4. That the use is declared by the Town to constitute a public nuisance in accordance with Chapter 31 of the Tiburon Municipal Code. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 2 I. Periodic Update. The Director shall maintain a record of all approved bee- keeping and chicken-keeping permits and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the use is in compliance with the Town's adopted Standards under which it was granted or with all conditions of approval if the use was authorized by a Conditional Use Permit. J. Reporting of Violations. All reporting of bee-keeping or chicken-keeping permit violations shall be in writing, supported by substantial evidence, and directed to the Director. The Director shall notify the owner of record of the property that a complaint has been registered, within ten (10) business days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty (30) days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps (if any) that have been requested of the owner of record to remedy the violation should such be found to exist. K. Violations Considered an Infraction. Violations of this Section, and violations of Standards adopted pursuant to this Section, shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) of this Chapter and/or Municipal Code Chapter 31 (Enforcement of Code). L. Violations--Additional Remedies--Injunctions. As an additional remedy, the existence and/or maintenance of any bee-keeping or chicken-keeping use in violation of any provisions of this Section, applicable Standards, or conditions of approval shall be cause for hearing and revocation and may be deemed and may be declared to be a public nuisance and may be deemed subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. M. Appeals. An applicant aggrieved by the Director's decision involving the approval, denial, or revocation of a bee-keeping or chicken-keeping permit may appeal such decision to the Planning Commission, pursuant to Section 16- 66.020(A), within ten (10) days of the decision. The decision of the Planning Commission on appeal shall be final. (B) Title IV, Chapter 16, Article X (Definitions) is amended as follows: (1) The definition of "Agriculture" is amended to read as follows: Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 3 Agriculture. The keeping of livestock; the breeding and raising of bees, fish, poultry or other fowl; the planting, raising, harvesting or producing of agricultural, aquacultural, horticultural, or forestry crops; or similar activity; excluding a household garden and a private, non-commercial vineyard less than one-quarter acre in area. For the purposes of this Chapter, except where specifically exempted, the interpretation of what constitutes "agriculture" is intended to be broadly applied and widely-encompassing. (2) The following definitions are added to read as follows: Aviary. Any outdoor cage or enclosure where birds are kept or maintained. Bee. A honey producing insect of the species Apis mellifera, including all life stages of such insect. Chicken run. The outside area of a coop that is enclosed to provide adequate space for chickens to exercise. Colony. The social community of bees that includes the queen bee, worker bees (female) and drones (male). Coop. A house or cage in which a chicken lives. Hen. A mature female chicken. Hive. Any receptacle or container, or part of any receptacle or container, which is inhabited by a live colony of bees. Livestock. All domestic or domesticated bovine (cattle type), equine (horse type), ovine (sheep type), porcine (pig type), corvine (deer type), caprine (goat type), or ratite (ostrich type) animals. (C) Title IV, Chapter 16, Article II, Section 16-21.030, Table 2-1 is amended as follows: (1) The line item for Agriculture shall have added after the word Agriculture including Aviaries (5)". (2) The Notes at the bottom of page one of Table 2-1 shall have added "(5) Except for chicken- and bee-keeping as set forth in Section 16-40.070." (D) Title VI, Chapter 20 (Animals) of the Municipal Code is amended as follows: (1) Section 20-1.003 is amended to read as follows: 20-1.003. Use Permit Required---poultry. Tiburon Town Council Ordinance No. XXX N.S. Effective -4-42012 4 The keeping of poultry shall require a conditional use permit pursuant to Title IV, Chapter 16 of the Code, except as may otherwise be provided therein for the keeping of chickens. (2) Sections 20-2.050, 20-2.060, 20-2.070, 20-2.080, 20-2.150, 20-2.179(d), 20- 2.181(e)(15), 20-2.195, 20-2.220, 20-2.230(a), 20-2.240, 20-2.245 shall be amended such that all references to the "Board of Supervisors" are changed to "Town Council". (3) Section 20-2.181(e)(16)(A) is amended to read as follows: (A) The owner/guardian of a dog determined to be vicious shall, if it is not subject to destruction, in addition to the regular licensing fee, pay to the animal control agency an annual fee, as may be established by resolution of the Town Council, to provide for the increased costs of maintaining the records of the dog. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 5 JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 Exhibit "B" Standards for Chicken-keeping 1. The chicken-keeping use must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the chicken-keeping use must be secured through an application form signed by the property owner (or authorized agent) or through a separate letter of authorization. 3. Maximum number of chickens allowed to be kept per single family dwelling: a. On lots less than or equal to ten thousand (10,000) square feet in lot area: Up to four (4) hens; b. On lots greater than ten thousand (10,000) square feet in lot area: Up to eight (8) hens. 4. All chickens must be hens and must be kept for non-commercial purposes only. 5. Chicken-keeping permits are intended exclusively for the keeping of chicken hens and are not applicable or transferable to other fowl, including but not limited to roosters, ostriches, turkeys, ducks, geese, quail, pigeons, guinea fowl or peafowl. Chicken- keeping permits are not applicable to canaries, parrots, or other traditional indoor avian pets. 6. Permit holders shall operate and maintain the chicken-keeping use in accordance with recognized best management practices that provide safe and healthy living conditions for the chickens while avoiding nuisance impacts on surrounding properties and persons. 7. All chickens shall be confined in a secure enclosure at all times. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. Chicken feed shall be contained such that it does not attract rodents. 8. A chicken coop/cage shall not exceed one hundred (100) square feet in area and six (6) feet in height and shall be located within a rear yard setback and shall comply with the lot coverage limits for the zone or planned residential development in which it is located. 9. In no event shall any chicken enclosure be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the chicken enclosure is not an accessory use. 10. No chicken shall be slaughtered on the property. Tiburon Planning Commission Resolution No. 2012-11 Exhibit "B" June 131 2012 Standards for Bee-keeping The bee-keeping use shall be limited to Apis mellifera (honey bees) only and must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the bee-keeping use must be secured through an application form signed by the property owner or authorized agent, or through a separate letter of authorization submitted by the property owner or authorized agent. 3. Maximum number of bee colonies (hives) per single family dwelling: a. On lots less than or equal to ten thousand (10,000) square feet: Two (2) colonies. b. On lots greater than ten thousand (10,000) square feet: Four (4) colonies. 4. All bee colonies must be used for non-commercial purposes only. 5. Permit holders shall operate and maintain the bee-keeping use in accordance with recognized best management practices that provide safe and healthy living conditions for the bees while avoiding nuisance impacts on surrounding properties and persons and protecting the public health, safety and welfare. 6. A convenient and adequate source of water shall be available to a bee colony at all times. 7. All bee colonies shall be maintained in hives capable of inspection to determine compliance with these standards, and shall consist of moveable frames and combs. Hives must be maintained in sound and usable condition at all times. 8. Any bee hive box (colony) shall be located within a rear yard setback in traditional zones (R-1, R-1-B, RO, R-2) or within a rear setback or rear portion of a building envelope for a planned residential development (RPD). Bee hive boxes shall not count toward lot coverage. 9. In no event shall any bee hive box shall be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the hive is not an accessory use. 10. A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation, shall be installed and maintained between the bee hive colony(s) and all abutting developed or developable parcels where the bee hive colony is located within ten (10) feet of an abutting parcel property line. 11. All hive entrances shall face away from the nearest property line(s). Tiburon Planning Commission Resolution No. 2012-11 Exhibit "B" June 13, 2012 2 7. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING PROPOSED TEXT AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) AND TITLE IV, CHAPTER 20 (ANIMALS) OF THE TIBURON MUNICIPAL CODE REGARDING THE KEEPING OF CHICKENS AND HONEY BEES; FILE NO. MCA2012-02; Town-initiated amendments Associate Planner Tyler said at the April 11, 2012 Planning Commission meeting, the Commission received and provided comments on conceptual draft regulations for urban chicken and bee-keeping. The Commission recommended. modifications to the proposed standards for bee-keeping and directed staff to draft zoning ordinance text amendments for consideration and recommendation to the Town Council. Per the Commission's direction, staff drafted text amendments to Chapter 16 (Zoning), Article IV, which would reflect a new section (16-40.070), titled "Chicken and Honeybee Keeping." At the last Planning Commission meeting, the Commissioners were in agreement that chicken-keeping could be processed under a ministerial permit approach, but there was a range of opinion with respect to allowing the keeping of honey bees through a ministerial permit process. The Commission voted 3-1 to include honey bees along with chickens as a ministerial permit process. As directed by the Commission, staff prepared a draft resolution recommending a ministerial process and specific performance standards for both chicken and honeybee-keeping. In an abundance of caution, staff also prepared an alternative draft resolution which eliminates any reference to honeybee-keeping, and only includes chicken-keeping as a ministerial permit process. Honeybee-keeping would remain as a conditionally permitted use and no performance standards would be formally adopted for bee-keeping. In addition, staff has drafted minor amendments to Chapter 20 (Animals) of the Municipal Code, which clarify aspects of chicken-keeping for consistency with the proposed new regulations, in addition to other miscellaneous text amendments. Commissioner Weiner said that he could not get past the idea that if one is particularly frightened of bees and did not want them next door that they would have no basis to object to the neighbors doing it. He thought that bees are different from chickens, that they could be a problem, and supported the chicken- only resolution. He said that he did not like requiring full-blown CUP for bee-keeping, but he also thought that allowing people to automatically keep bees was not a good idea either. Commissioner Weiner asked and received clarification from Director Anderson about some of the nuisance provisions in the proposed ordinance. Commissioner Weiner suggested adding "in accordance with Chapter 31 of the municipal code" to Section 16-40.070 (H[4]). He also suggested changing the phrase in Section 16-40.070 (L) that states "...and shall be deemed and is declared to be a public nuisance" to "...may be deemed and is declared to be a public nuisance." Chairman Corcoran asked if section H4 addressed any of Commissioner Weiner's concerns about beekeeping. Commissioner Weiner said that it did not because individuals might feel differently about bees than the Planning Commission and they should be able to have some say in whether people next door to them are raising bees. Commissioner Weller respectfully disagreed with Commissioner Weiner and thought that the proposed standards provide adequate protection. He pointed out that no concerns had been raised by the public at this meeting. He said that the standards, especially number S, provide the basis for enforcement. He did not know what could be done about the fear issue but pointed out that there are many things a neighbor can do that one might be afraid of. He said that the ministerial process would lower fees and make the process easier. He believed that making the approval of both beekeeping and chickens easier was the appropriate approach, and he supported the dual resolution. TIBURON PLANNING COMMISSION MINUTES -JUNE 13, 2012 MINUTES NO. 1022 PAGE 8 V TTBTT NO. Commissioner Kunzweiler agreed with Commissioner Weller's comments. He stated that the night this issue was last discussed he saw a program about beekeeping in Manhattan on PBS that made him believe that if people can raise bees in Manhattan then it can be done here. He said that this is a subject that is obviously not heated since there were no members of the public present at the meeting tonight. He thought that the bar would be set at a reasonable level with the draft ordinance. He thought that 12 chickens were too many to be allowed on larger properties and suggested lowering that number. He commented on the item requiring enc-losure of chickens and wondered whether a secure enclosure would be the same as the coop, backyard, fenced property, unfenced areas, etc. Commissioner Kunzweiler asked how many eggs 12 chickens produce. Associate Planner Tyler said that it depends on the breed of chicken, and the proposal to allow 12 chickens on lots greater than an acre was in line with the regulations in other communities. Planning Manager Watrous said they could delete item C if they want to limit the number of chickens to a maximum of 8 chickens on all properties. The consensus of the Commission was that the maximum number of chickens should be 8. Commissioner Weller asked for the source of the maximum number of beehives. Associate Planner Tyler said that it was a similar number to what is allowed in other communities. Chairman Corcoran believed that there should not be a regulation for the bees because not regulating bees would be consistent with what almost every other town in Marin has done, but he thought that the proposed process would definitely be an improvement. There were no public comments ACTION: It was M/S (Kunzweiler/Weller) to adopt draft resolution "A" recommending approval of the text amendments to the Town Council to establish a ministerial permit process and standards for the regulation of chickens and honeybees, with the following amendments: Change Section 16-40.070 Section H to include a reference to public nuisance, change Section L language to "may be deemed and may be declared", and change the draft chicken keeping standards to eliminate item 3c. Motion carried: 3-1 (Weiner opposed). MINUTES: 8. PLANNING COMMISSION MINUTES - Regular Meeting of May 9, 2012 ACTION: It was M/S (Weller/Kunzweiler) to approve the minutes of the May 9, 2012 meeting as submitted. Motion carried: 4-0. ADJOURNMENT: The Planning Commission adjourned the meeting at 9:05 p.m. ERIN TOLLINI, CHAIR TIBURON PLANNING COMMISSION ATTEST: SCOTT ANDERSON, SECRETARY TIBURON PLANNING COMMISSION MINUTES-JUNE 13, 2012 MINUTES NO. 1022 PAGE 9 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Planning Commission Community Development Department Planning Commission Meeting June 13, 2012 Agenda Item: Subject: Consider Recommendation to the Town Council Regarding Text Amendments to Chapter 20 (Animals) and Chapter 16 (Zoning) of the Tiburon Municipal Code Regarding the Keeping of Chickens and Bees Reviewed By: BACKGROUND At the April 11, 2012 Planning Commission meeting, the Commission received and provided comments on conceptual draft regulations for urban chicken and bee-keeping. The Commission recommended modifications to the proposed standards for bee-keeping and directed staff to draft zoning ordinance text amendments for consideration and recommendation to the Town Council. ANALYSIS Per the Commission's direction, staff has drafted text amendments to Chapter 16 (Zoning), Article IV, which would reflect a new section (16-40.070), titled "Chicken and Honeybee Keeping". At the last Planning Commission meeting, the Commissioners were in agreement that chicken-keeping could be processed under a ministerial permit approach, but there was a range of opinion with respect to allowing the keeping of honey bees through a ministerial permit process. The Commission voted 3-1 to include honey bees along with chickens as a ministerial permit process. As directed by the Commission, attached Exhibit 1 is a draft resolution recommending a ministerial process and specific performance standards for both chicken and honeybee-keeping. In an abundance of caution, staff has also prepared an alternative draft resolution, Exhibit 2, which eliminates any reference to honeybee-keeping, and only includes chicken-keeping as a ministerial permit process. Honeybee-keeping would remain as a conditionally permitted use and no performance standards would be formally adopted for bee-keeping. In addition, staff has drafted minor amendments to Chapter 20 (Animals) of the Municipal Code, which clarify aspects of chicken-keeping for consistency with the proposed new regulations, in addition to other miscellaneous text amendments. TOWN OF TIBURON PAGE 1 OF 2 INHIBIT NO. C. ENVIRONMENTAL REVIEW The proposed amendments are exempt from CEQA on the basis that they have no potential to result in adverse impacts on the environment and are exempt from further review under Sections 15303 (New Construction) and 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing and discuss the proposed text amendments to Chapter 20 (Animals) and Chapter 16 (Zoning) of the Municipal Code; and 2. Adopt attached Resolution "A" recommending approval of the text amendments to the Town Council to establish a ministerial permit process and standards for the regulation of chickens and honeybees OR 3. Adopt attached Resolution "B" recommending approval of the text amendments to the Town Council to establish a ministerial permit process and standards for the regulation of chickens. EXHIBITS 1. Draft Resolution A 2. Draft Resolution B 3. Minutes of the April 11, 2012 Planning Commission Meeting 4. Planning Commission Staff Report dated April 11, 2012 5. Minutes of the February 22, 2012 Planning Commission Meeting 6. Planning Commission Staff Report dated February 22, 2012 Prepared By: Laurie Tyler, Associate Planner TOWN OF TIBURON PAGE 2 OF 2 Draft Resolution "A" Chickens and Bees DRAFT RESOLUTION NO.2012-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TOWN COUNCIL ADOPTION OF AMENDMENTS TO THE MUNICIPAL CODE (TITLE IV, CHAPTER 16, ZONING) WITH RESPECT TO CHICKEN AND HONEY BEE-KEEPING REGULATIONS AND OTHER MISCELLANEOUS AMENDMENTS WHEREAS, the Town of Tiburon has initiated a text amendment to the Town's Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and WHEREAS, notice of the public hearing on the amendments was published in a newspaper of general circulation in the Town of Tiburon on , and other noticing was provided as required by law; and WHEREAS, the Planning Commission did hold a duly noticed and advertised public hearing on June 13, 2012, at which testimony was received from the public; and WHEREAS, the Planning Commission finds that the project has no potential to result in adverse impacts on the environment and is otherwise exempt from the requirements of the California Environmental Quality Act per Sections 15303 and 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds that the proposed Zoning Ordinance amendments are consistent with the goals, policies, and programs of the Tiburon General Plan, and are consistent with the objectives of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the Town Council adopt the Municipal Code text amendments to Title IV, Chapter 16, Zoning, as set forth in the attached Exhibit "A". NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the Town Council adopt by resolution the Standards for Chicken Keeping and Honeybee Keeping, as set forth in the attached Exhibit "B". PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on , 2012 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: TIBURON PLANNING COMMISSION RESOLUTION NO. 2012-XX 32012 Draft Resolution "A" Chickens and Bees JOHN CORCORAN, CHAIRMAN Tiburon Planning Commission ATTEST: SCOTT ANDERSON, SECRETARY Attachments: Exhibit "A"; Form of Ordinance Exhibit "B"; Standards for Chicken and Bee-Keeping TIBURON PLANNING COMMISSION RESOLUTION NO. 2012-XX , 2012 Exhibit "A" Form of Ordinance Chickens & Bees DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) AND MUNICIPAL CODE TITLE VI, CHAPTER 20 (ANIMALS) WITH RESPECT TO CHICKEN AND HONEY BEE-KEEPING REGULATIONS AND MISCELLANEOUS OTHER AMENDMENTS SECTION 1. FINDINGS. A. On , 2012, the Planning Commission adopted Resolution No. 2012- X. recommending to the Town Council that text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on , 2012 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. (A) Section 16-40.070, entitled "Chickens and Honey Bees", is added to Title IV, Chapter 16, Article IV of the Tiburon Municipal Code to read as follows: 16-40.070. Chickens and Honey Bees This section provides for establishment and reasonable regulation of bee-keeping and/or chicken-keeping as an accessory use to a single-family dwelling in certain residential zones while ensuring the public health, safety and welfare. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 A. Permit Required. It is unlawful to, keep, possess, or maintain chickens or honey bee hives on any lot or parcel of land located in the Town unless a permit has first been approved by the Director of Community Development. B. Application and Fee, Application for a bee-keeping permit or for a chicken- keeping permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate fee. C. Director of Community Development as Review Authority. Applications for bee-keeping and/or chicken-keeping permit shall be acted upon by the Director as a ministerial permit without notice, discretionary review, or a public hearing. D. Grant of Bee-keeping or Chicken-keeping Permit; Standards for Review. In order to grant a bee-keeping or chicken-keeping permit, the Director shall find that the use would comply with all of the standards set forth in the Standards for Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, as adopted by Resolution of the Town Council. E. Trailing Permits. Any required Site Plan and Architectural Review and/or Building Permits associated with a bee-keeping or chicken-keeping use shall be obtained prior to commencement of the use. F. Approved Conditional Use Permits Still Valid. Any bee-keeping or chicken- keeping use with an approved Conditional Use Permit in existence prior to [insert effective date of this Ordinance] shall be a legal, non-conforming use, provided that it shall continue to comply with all conditions of its permit approval. G. Expiration by Limitation. A bee-keeping or chicken-keeping permit issued in compliance with this Section shall expire and become null and void two (2) years after issuance if the use has never commenced. H. Revocation. Upon written notice to the holder of a bee-keeping or chicken- keeping permit, and a hearing before the Director, the Director may revoke or modify any such permit, on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant and that false information had a material bearing on the granting of the permit. 2. That the permit granted is being or recently has been exercised contrary to the Town's adopted Standards for Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, or in violation of any statute, ordinance, law or regulation. 3. That the bee-keeping or chicken-keeping use has been abandoned for a continuous period of at least two (2) years. 4. That the use is declared by the Town to constitute a public nuisance. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 2 I. Periodic Update. The Director shall maintain a record of all approved bee- keeping and chicken-keeping permits and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the use is in compliance with the Town's adopted Standards under which it was granted or with all conditions of approval if the use was authorized by a-Conditional Use Permit. J. Reporting .of Violations. All reporting of bee-keeping or chicken-keeping permit violations shall be in writing, supported by substantial evidence, and directed to the Director. The Director shall notify the owner of record of the property that a complaint has been registered, within ten (10) business days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty (30) days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps (if any) that have been requested of the owner of record to remedy the violation should such be found to exist. K. Violations Considered an Infraction. Violations of this Section, and violations of Standards adopted pursuant to this Section, shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) of this Chapter and/or Municipal Code Chapter 31 (Enforcement of Code). L. Violations--Additional Remedies--Injunctions. As an additional remedy, the existence and/or maintenance of any bee-keeping or chicken-keeping use in violation of any provisions of this Section, applicable Standards, or conditions of approval shall be cause for hearing and revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. M. Appeals. An applicant aggrieved by the Director's decision involving the approval, denial, or revocation of a bee-keeping or chicken-keeping permit may appeal such decision to the Planning Commission, pursuant to Section 16- 66.020(A), within ten (10) days of the decision. The decision of the Planning Commission on appeal shall be final. (B) Title IV, Chapter 16, Article X (Definitions) is amended as follows: (1) The definition of "Agriculture" is amended to read as follows: Agriculture. The keeping of livestock; the breeding and raising of bees, fish, poultry or other fowl; the planting, raising, harvesting or producing of Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 agricultural, aquacultural, horticultural, or forestry crops; or similar activity; excluding a household garden and a private, non-commercial vineyard less than one-quarter acre in area. For the purposes of this Chapter, except where specifically exempted, the interpretation of what constitutes "agriculture" is intended to be broadly applied and widely-encompassing. (2) The following definitions are added to read as follows: Aviary. Any outdoor cage or enclosure where birds are kept or maintained. Bee. A honey producing insect of the species Apis mellifera, including all life stages of such insect. Chicken run. The outside area of a coop that is enclosed to provide adequate space for chickens to exercise. Colony. The social community of bees that includes the queen bee, worker bees (female) and drones (male). Coop. A house or cage in which a chicken lives. Hen. A mature female chicken. Hive. Any receptacle or container, or part of any receptacle or container, which is inhabited by a live colony of bees. Livestock. All domestic or domesticated bovine (cattle type), equine (horse type), ovine (sheep type), porcine (pig type), corvine (deer type), caprine (goat type), or ratite (ostrich type) animals. (C) Title IV, Chapter 16, Article II, Section 16-21.030, Table 2-1 is amended as follows: (1) The line item for Agriculture shall have added after the word Agriculture including Aviaries (5)". (2) The Notes at the bottom of page one of Table 2-1 shall have added "(5) Except for chicken- and bee-keeping as set forth in Section 16-40.070." (D) Title VI, Chapter 20 (Animals) of the Municipal Code is amended as follows: (1) Section 20-1.003 is amended to read as follows: 20-1.003. Use Permit Required---poultry. The keeping of poultry shall require a conditional use permit pursuant to Title IV, Chapter 16 of the Code, except as may otherwise be provided therein for the keeping of chickens. Tiburon Town Council Ordinance No. XXX N. S. Effective 442012 4 (2) Sections 20-2.050, 20-2.060, 20-2.070, 20-2.0801P 20-2.150, 20-2.179(d), 20- 2.181(e)(15), 20-2.195, 20-2.220, 20-2.230(a), 20-2.240, 20-2.245 shall be amended such that all references to the "Board of Supervisors" are changed to "Town Council". (3) Section 20-2.18 1 (e)(1 6)(A) is amended to read as follows: (A) The owner/guardian of a dog determined to be vicious shall, if it is not subject to destruction, in addition to the regular licensing fee, pay to the animal control agency an annual fee, as may be established by resolution of the Town Council, to provide for the increased costs of maintaining the records of the dog. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 20125 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 5 ATTEST: DIANE CRANE IACOPI,. TOWN CLERK TOWN OF TIBURON Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 Exhibit "B" DRAFT Standards for Chicken-keeping The chicken-keeping use must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the chicken-keeping use must be secured through an application form signed by the property owner (or authorized agent) or through a separate letter of authorization. 3. Maximum number of chickens allowed to be kept per single family dwelling: a. On lots less than or equal to ten thousand (10,000) square feet in lot area: Up to four (4) hens; b. On lots greater than ten thousand (10,000) square feet in lot area: Up to eight (8) hens. C. On lots greater than one (1) acre in lot area: Up to twelve (12) hens. 4. All chickens must be hens and must be kept for non-commercial purposes only. 5. Chicken-keeping permits are intended exclusively for the keeping of chicken hens and are not applicable or transferable to other fowl, including but not limited to roosters, ostriches, turkeys, ducks, geese, quail, pigeons, guinea fowl or peafowl. Chicken- keeping permits are not applicable to canaries, parrots, or other traditional indoor avian pets. 6. Permit holders shall operate and maintain the chicken-keeping use in accordance with recognized best management practices that provide safe and healthy living conditions for the chickens while avoiding nuisance impacts on surrounding properties and persons. 7. All chickens shall be confined in a secure enclosure at all times. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. Chicken feed shall be contained such that it does not attract rodents. 8. A chicken coop/cage shall not exceed one hundred (100) square feet in area and six (6) feet in height and shall be located within a rear yard setback and shall comply with the lot coverage limits for the zone or planned residential development in which it is located. 9. In no event shall any chicken enclosure be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the chicken enclosure is not an accessory use. 10. No chicken shall be slaughtered on the property. Tiburon Planning Commission Resolution No. 2012-XX Exhibit "B" , 2012 Standards for Bee-keeping The bee-keeping use shall be limited to Apis mellifera (honey bees) only and must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the bee-keeping use must be secured through an application form signed by the property owner or authorized agent, or through a separate letter of authorization submitted by the property owner or authorized agent. 3. - Maximum number of bee colonies (hives) per single family dwelling: a. On lots less than or equal to ten thousand (10,000) square feet: Two (2) colonies. b. On lots greater than ten thousand (10,000) square feet: Four (4) colonies. 4. All bee colonies must be used for non-commercial purposes only. 5. Permit holders shall operate and maintain the bee-keeping use in accordance with recognized best management practices that provide safe and healthy living conditions for the bees while avoiding nuisance impacts on surrounding properties and persons and protecting the public health, safety and welfare. 6. A convenient and adequate source of water shall be available to a bee colony at all times. 7. All bee colonies shall be maintained in hives capable of inspection to determine compliance with these standards, and shall consist of moveable frames and combs. Hives must be maintained in sound and usable condition at all times. 8. Any bee hive box (colony) shall be located within a rear yard setback in traditional zones (R-1, R-1-B, RO, R-2) or within a rear setback or rear portion of a building envelope for a planned residential development (RPD). Bee hive boxes shall not count toward lot coverage. 9. In no event shall any bee hive box shall be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the hive is not an accessory use. 10. A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation, shall be installed and maintained between the bee hive colony(s) and all abutting developed or developable parcels where the bee hive colony is located within ten (10) feet of an abutting parcel property line. 11. All hive entrances shall face away from the nearest property line(s). Tiburon Planning Commission Resolution No. 2012-XX Exhibit "B" , 2012 2 Draft Resolution "B" Chickens Only DRAFT RESOLUTION NO.2012-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TOWN COUNCIL ADOPTION OF AMENDMENTS TO THE MUNICIPAL CODE (TITLE IV, CHAPTER 16, ZONING) WITH RESPECT TO CHICKEN AND REGULATIONS AND OTHER MISCELLANEOUS AMENDMENTS WHEREAS, the Town of Tiburon has initiated a text amendment to the Town's Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and WHEREAS, notice of the public hearing on the amendments was published in a newspaper of general circulation in the Town of Tiburon on , and other noticing was provided as required by law; and WHEREAS, the Planning Commission did hold a duly noticed and advertised public hearing on June 13, 2012, at which testimony was received from the public; and WHEREAS, the Planning Commission finds that the project has no potential to result in adverse impacts on the environment and is otherwise exempt from the requirements of the California Environmental Quality Act per Sections 15303 and 15305 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds that the proposed Zoning Ordinance amendments are consistent with the goals, policies, and programs of the Tiburon General Plan, and are consistent with the objectives of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the Town Council adopt the Municipal Code text amendments to Title IV, Chapter 16, Zoning, as set forth in the attached Exhibit "A". NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the Town Council adopt by resolution the Standards for Chicken Keeping Keeping, and 14eneybee as set forth in the attached Exhibit "B". PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on , 2012 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: TIBURON PLANNING COMMISSION RESOLUTION NO. 2012-XX 12012 Draft Resolution "B" Chickens Only JOHN CORCORAN, CHAIRMAN Tiburon Planning Commission ATTEST: SCOTT ANDERSON, SECRETARY Attachments: Exhibit "A"; Form of Ordinance Exhibit "B"; Standards for Chicken and ee-Keeping TIBURON PLANNING COMMISSION RESOLUTION NO.2012-XX , 2012 Exhibit "A" Form of Ordinance Chickens Only DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) AND MUNICIPAL CODE TITLE VI, CHAPTER 20 (ANIMALS) WITH RESPECT TO CHICKEN AND HONEY KEEPING REGULATIONS AND MISCELLANEOUS OTHER AMENDMENTS SECTION 1. FINDINGS. A. On , 2012, the Planning Commission adopted Resolution No. 2012- X. recommending to the Town Council that text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on , 2012 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. (A) Section 16-40.070, entitled "Chickens and 14oney Bees", is added to Title IV, Chapter 16, Article IV of the Tiburon Municipal Code to read as follows: 16-40.070. Chickens and Honey Bees This section provides for establishment and reasonable regulation of bee-keeping akVef chicken-keeping as an accessory use to a single-family dwelling in certain residential zones while ensuring the public health, safety and welfare. Tiburon Town Council Ordinance No. XXX N.S. Effective -4-42012 A. Permit Required. It is unlawful to keep, possess, or maintain chickens money bee hives on any lot or parcel of land located in the Town unless a permit has first been approved by the Director of Community Development. B. Application and Fee. Application fora chicken- keeping permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate fee. C. Director of Community Development as Review Authority. Applications for b a chicken-keeping permit shall be acted upon by the Director A _1 as a ministerial permit without notice, discretionary review, or a public hearing. D. Grant of Ree-keeping Chicken-keeping Permit; Standards for Review. In order to grant a bee keeping er- chicken-keeping permit, the Director shall find that the use would comply with all of the standards set forth in the Bee-1 Standards for Chicken-keeping, whie e er is 4„„' able, as adopted by Resolution of the Town Council. E. Trailing Permits. Any required Site Plan and Architectural Review and/or Building Permits associated with a beef keeping orchicken-keeping use shall be obtained prior to commencement of the use. F. Approved Conditional Use Permits Still Valid. Any bee-keeping-0 chicken- keeping use with an approved Conditional Use Permit in existence prior to [insert effective date of this Ordinance] shall be a legal, non-conforming use, provided that it shall continue to comply with all conditions of its permit approval. G. Expiration by Limitation. A keeping ef chicken-keeping permit issued in compliance with this Section shall expire and become null and void two (2) years after issuance if the use has never commenced. H. Revocation. Upon written notice to the holder of a bee-keeping -er chicken- keeping permit, and a hearing before the Director, the Director may revoke or modify any such permit, on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant and that false information had a material bearing on the granting of the permit. 2. That the permit granted is being or recently has been exercised contrary to the Town's adopted Standards f^r Bee 'epifleg,-ewe Standards for Chicken-keeping, ;v~~ ~ver- is appnoable, or in violation of any statute, ordinance, law or regulation. 3. That the bee keeping or chicken-keeping use has been abandoned for a continuous period of at least two (2) years. 4. That the use is declared by the Town to constitute a public nuisance. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 2 I. Periodic Update. The Director shall maintain a record of all approved bee- keeping chicken-keeping permits and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the use is in compliance with the Town's adopted Standards under which it was granted or with all conditions of approval if the use was authorized by a Conditional Use Permit. J. Reporting of Violations. All reporting of bee keeping e chicken-keeping permit keeping - violations shall be in writing, supported by substantial evidence, and directed to the Director. The Director shall notify the owner of record of the property that a complaint has been registered, within ten (10) business days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty (30) days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps (if any) that have been requested of the owner of record to remedy the violation should such be found to exist. K. Violations Considered an Infraction. Violations of this Section, and violations of Standards adopted pursuant to this Section, shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) of this Chapter and/or Municipal Code Chapter 31 (Enforcement of Code). L. Violations--Additional Remedies--Injunctions. As an additional remedy, the existence and/or maintenance of any keeping e chicken-keeping use in violation of any provisions of this Section, applicable Standards, or conditions of approval shall be cause for hearing and revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. M. Appeals. An applicant aggrieved by the Director's decision involving the approval, denial, or revocation of a b 'K°°„i„R of chicken-keeping permit may appeal such decision to the Planning Commission, pursuant to Section 16- 66.020(A), within ten (10) days of the decision. The decision of the Planning Commission on appeal shall be final. (B) Title IV, Chapter 16, Article X (Definitions) is amended as follows: (1) The definition of "Agriculture" is amended to read as follows: Agriculture. The keeping of livestock; the breeding and raising of bees, fish, poultry or other fowl; the planting, raising, harvesting or producing of Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 agricultural, aquacultural, horticultural, or forestry crops; or similar activity; excluding a household garden and a private, non-commercial vineyard less than one-quarter acre in area. For the purposes of this Chapter, except where specifically exempted, the interpretation of what constitutes "agriculture" is intended to be broadly applied and widely-encompassing. (2) The following definitions are added to read as follows: Aviary. Any outdoor cage or enclosure where birds are kept or maintained. Bee. A honey producing insect of the species Apis mellifera, including all life stages of such insect. Chicken run. The outside area of a coop that is enclosed to provide adequate space for chickens to exercise. Colony. The social community of bees that includes the queen bee, worker bees (female) and drones (male). Coop. A house or cage in which a chicken lives. Hen. A mature female chicken. Hive. Any receptacle or container, or part of any receptacle or container, which is inhabited by a live colony of bees. Livestock. All domestic or domesticated bovine (cattle type), equine (horse type), ovine (sheep type), porcine (pig type), corvine (deer type), caprine (goat type), or ratite (ostrich type) animals. (C) Title IV, Chapter 16, Article II, Section 16-21.030, Table 2-1 is amended as follows: (1) The line item for Agriculture shall have added after the word Agriculture including Aviaries (5)". (2) The Notes at the bottom of page one of Table 2-1 shall have added "(5) Except for chicken- wee-keeping as set forth in Section 16-40.070." (D) Title VI, Chapter 20 (Animals) of the Municipal Code is amended as follows: (1) Section 20-1.003 is amended to read as follows: 20-1.003. Use Permit Required---poultry, ee . The keeping of poultry and bees shall require a conditional use permit pursuant to Title IV, Chapter 16 of the Code, except as may otherwise be provided therein for the keeping of chickens. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 4 (2) Sections 20-2.050, 20-2.060, 20-2.070, 20-2.080, 20-2.150, 20-2.179(d), 20- 2.181(e)(15), 20-2.195, 20-2.220, 20-2.230(a), 20-2.240, 20-2.245 shall be amended such that all references to the "Board of Supervisors" are changed to "Town Council". (3) Section 20.-2.181(e)(16)(A) is amended to read as follows: (A) The owner/guardian of a dog determined to be vicious shall, if it is not subject to destruction, in addition to the regular licensing fee, pay to the animal control agency an annual fee, as may be established by resolution of the Town Council, to provide for the increased costs of maintaining the records of the dog. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 20129 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 Exhibit "B" DRAFT Standards for Chicken-keeping 1. The chicken-keeping use must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the chicken-keeping use must be secured through an application form signed by the property owner (or authorized agent) or through a separate letter of authorization. 3. Maximum number of chickens allowed to be kept per single family dwelling: a. On lots less than or equal to ten thousand (10,000) square feet in lot area: Up to four (4) hens; b. On lots greater than ten thousand (10,000) square feet in lot area: Up to eight (8) hens. C. On lots greater than one (1) acre in lot area: Up to twelve (12) hens. 4. All chickens must be hens and must be kept for non-commercial purposes only. 5. Chicken-keeping permits are intended exclusively for the keeping of chicken hens and are not applicable or transferable to other fowl, including but not limited to roosters, ostriches, turkeys, ducks, geese, quail, pigeons, guinea fowl or peafowl. Chicken- keeping permits are not applicable to canaries, parrots, or other traditional indoor avian pets. 6. Permit holders shall operate and maintain the chicken-keeping use in accordance with recognized best management practices that provide safe and healthy living conditions for the chickens while avoiding nuisance impacts on surrounding properties and persons. 7. All chickens shall be confined in a secure enclosure at all times. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. Chicken feed shall be contained such that it does not attract rodents. 8. A chicken coop/cage shall not exceed one hundred (100) square feet in area and six (6) feet in height and shall be located within a rear yard setback and shall comply with the lot coverage limits for the zone or planned residential development in which it is located. 9. In no event shall any chicken enclosure be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the chicken enclosure is not an accessory use. 10. No chicken shall be slaughtered on the property. Tiburon Planning Commission Resolution No. 2012-XX Exhibit "B" , 2012 The bee k A * ~ e shall be limited te Apis fnellifer-a (heney bees) epAy and must be an. ria.11ing joeated i the D 1I, D 1 B9 R05 7 or R PD aav zone.. . agent, letter of a- then-i- •nf.66tie-V11 UKVllilllV'~i b Vr. `•"1'mitte by t1 1.11V v~rier- or- ,o r. plr~pbortcr .,ccmor ~r nlitl,.tho,rT;~o~Z~G'd agent, vlbVl 1 f.LK{.11V11L.. On lots less than or- equal to ten thousand • (10,000) square feet! Twe (2) • Monies. On lots greater- than ten theusand • (10,000) square 1Ti feet: Few (4) Men* on IGT 5. Pefmit holders shah eper-a4e and maintain the bee keep' . , aeeer-danee with the bees while avoiding i impaets eft suffetmding pfepefties and per-sons and pr-eteetfiffl.,g the publie health, safety and welfafe. All bee eelenies shall be maintained in hives eapable ef inspeefien te deter- i eemplianee with these standards, and shall eensist of meveable ffames and eembs. Hives. micst be maintained in sound and usable nev..a:tior. at all tima,s (R 11 R 1 B, , R 2) within a roar setback er- Sear- peffie of of building efivelepe a plamed fesidential develepment (RPD). Bee hive boxes shall net eeuat toward lot . i ti o , ll f A lid f d .7 11 ~j eefis s fi l o > wa - so , enee or- ense 3vegetation, shall be installed ed er- devel abtA441 d l and fnaintained between the b o able a l h th b h ee hive eeleny(s) and all i l i l t d ithi g eve op p p fee s w efe e ee ve ee eny s eea e w n ten -~Z hive entr-a 1ees shall fa-VV -,Ave / ffe the fleafest pr-opeyty ! fl Tiburon Planning Commission Resolution No. 2012-XX Exhibit "B" 52012 PLANNING COMMISSION MINUTES MINUTES NO. 1020 April 11, 2012 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chairman Corcoran called the meeting to order at 7:32 p.m. Present: Chairman Corcoran, Commissioners Kunzweiler, Welner and Weller Absent: Vice Chair Tollini Staff Present: Associate Planner Tyler, Director of Community Development Anderson and Minutes Clerk Rusting ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Director Anderson announced the next meeting on April 25, 2012 is tentatively scheduled to include the biannual review of the St. Hilary's Conditional Use Permit and a time extension for a wireless communication facility at the Cove Shopping Center. OLD BUSINESS: 1. CONSIDER CONCEPTUAL DRAFT REGULATIONS FOR URBAN CHICKEN AND BEEKEEPING IN SINGLE-FAMILY ZONES [LTJ Continued Discussion from February 22, 2012 Chairman Corcoran suggested waiving the staff report for this item, and all Commissioners agreed. Chair Corcoran opened the public hearing. Linda Emberson said she is a big proponent of chickens. She has raised them for over 30 years and is very much in favor of allowing chickens because she would like to keep a small flock at her residence. She noted many advantages to having chickens such as bug control and fertilizer. There being no one else wishing to speak, Chair Corcoran closed the public hearing. Commissioner Weller asked for clarification of the term "abutting parcel" in the proposed Standards for Beekeeping, item 8. Associate Planner Tyler said it refers to an adjacent parcel. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 1 Commissioner Weller said the term is unclear because a property location could have several abutting parcels and could anticipate a situation where a bee hive is in the corner of a yard. He would rather see this provision drafted in a way that required the division to have separation from all parcels within a certain distance from where the bees are being kept. He suggested using the term "close parcels". Associate Planner Tyler said staff will clarify the terminology in their revision of the standards. The purpose is to have bees to fly up and then off the property and not fly laterally next door to the property. Chairman Corcoran said he thinks the way item 8 is written would include a four-sided barrier. He pointed out there are some residences in more remote areas and suggested they should not have to put up a 6 foot fence. He referred specifically to the communities on the edge of Bel Aire and the homes on Upper Cecelia Way where a fence is not allowed and suggested more flexibility be allowed for staffs interpretation. Commissioner Kunzweiler asked if the beekeeping portion of the ordinance could be dropped and not discussed tonight, and if the Commission could discuss only the chicken portion of the ordinance. Associate Planner Tyler said bees and chickens were brought together because they are two of the most common small agricultural uses. She said the Commission could move forward with the chicken-keeping issue only if it so chose. Commissioner Welner asked what possible options exist for a person with a severe allergy to beestings located near a neighbor applying for a beekeeping permit. Director Anderson said if the process is ministerial then there would be no appeal possible. If the process remained as requiring a Conditional Use Permit, then there could be an appeal. Chairman Corcoran pointed out there would also be no noticing of neighbors if the process is ministerial. Chairman Corcoran asked why the standards were proposed to be adopted by separate resolution and not included directly in the zoning ordinance. Director Anderson explained that these are types of items that are amended more frequently. It is easier and faster to have the Town Council pass a resolution than it is to go through a longer ordinance process which requires at least three public meetings and another 30 days after adoption to go into effect. Chairman Corcoran said if the Town was not going to officially regulate bees as an end result of this process, could it convert the draft standards into a guidebook or handout for homeowners to reference if they want to have bees? Director Anderson said the Town currently regulates beekeeping because a Conditional Use Permit is required. If nothing is done to change that current process, then it is likely that the draft standards would become standardized conditions of approval on any bee-keeping conditional use permits issued. Chairman Corcoran said a third option tonight would be to not have any regulation of beekeeping and strike bees from the definition of agriculture. Commissioner Welner said this would be allowing people to raise bees by right, and if that were the case, the keeping of bees would have even fewer restrictions than the keeping of chickens. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 2 Commissioner Weller asked how many complaints about beekeeping the Town has received, and how many complaints about allergies to beekeeping the Town has received. Associate Planner Tyler answered "zero" to both questions. Commissioner Welner pointed out, the current'conditional use permit approach is being used and there have been no complaints. Currently if someone does have a complaint there is a way to stop the process. Since there have been no complaints, this means there are no issues. With the consent of the Commission, Chairman Corcoran re-opened the public hearing to hear from a member of the public. Bill Downs said he has attended a number of beekeeping meetings and people understand that bees are needed to pollinate flowers in their gardens. The current requirement is very excessive, requiring $1,500 for a Conditional Use Permit, and he believes the reason there have been no complaints is because no one has pursued that high cost. The only thing that is achieved by keeping the current process is allowing neighbors to attack other neighbors. He said bees are necessary and every other town lets people keep bees. There should be no restriction whatsoever and he thinks the problem has been regulated way beyond the level needed. He would like to see the regulation eliminated and thinks that is the most rational approach. Linda Emberson said it does make sense for the Town to know where the bees are being kept. She said instead of requiring a Conditional Use Permit, the ministerial process would allow the Town to know where the bees are located. Chairman Corcoran closed the public hearing. Commissioner Weller asked about the duration of the permit if a ministerial approach is adopted. Director Anderson said land use approvals generally continue to be valid indefinitely and do not expire by the mere passage of time. However, if circumstances have changed, or the Town determines that an approval was based on false information, or the applicant is not abiding by the conditions of approval, or the use is abandoned for an extended period of time, then the permit may be revoked following a-hearing. Commissioner Weller asked that if someone developed a health concern, could staff then revoke the permit. Director Anderson said if it were determined to be a public nuisance then the Town could revoke the permit. Commissioner Welner said being allergic to bees is not a public nuisance. He said he sees the advantage of the ministerial permit but is hesitant to approve a process that does not allow someone to raise issues prior to approval. Director Anderson said the types of issues people would typically raise are individual medical issues, and staff is not in a strong or knowledgeable position to judge such medical issues as part of a zoning permit review. Commissioner Weller asked if something can be ministerial but also give people a right to appeal. Director Anderson responded that according to the Town Attorney, no notice means no appeal is generally allowed by parties other than the applicant. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 3 Chairman Corcoran asked if the definition of agriculture in the ordinance before 2010 included bees. Director Anderson responded that the way the ordinance had been updated in 1990 did not specifically allow "agricultural uses" in any zone. Prior to 1990, the Zoning Ordinance contained some rather vague language allowing fruit trees and limited agricultural uses in certain residential zones. Commissioner Kunzweileer said the premise in this discussion is there is an inherent danger in the keeping of bees. That is merely an assumption and he suggested not discussing bees tonight. He said we are creating an argument for which we do not have any facts or basis for evaluating possible public danger. Commissioner Welner said he is hesitant to approve a ministerial process because it eliminates a neighbor's ability to stop the beekeeping. Chairman Corcoran said he appreciates this perspective, but there are many dangers one is exposed to in Town and it is difficult to regulate each of those things. He pointed out dogs are potentially a lot more vicious than bees. Commissioner Welner pointed out bees are expected to travel across property lines, whereas dogs can be controlled so as not to cross over into a neighbor's property. Chairman Corcoran said there could be a carcinogenic fume that crosses the lines, and there are hazards and dangers everywhere. He said most other communities have spoken and do not think this rises to that level of danger. Director Anderson said he did not believe that the rewrite in 1990 consciously removed all agricultural uses from residential zones; it was simply not a community issue at that time and any prior references to it dropped out of the new version. Chairman Corcoran agreed and said people are more conscious of bees and chickens now because of the sustainable food movement. Commissioner Weller said the current cost system is prohibitive and he is concerned that people will keep bees without applying for the permit. He supported making the process ministerial and noted that no one has come forward concerned about the health issues from the public. He would like the Town to be in favor of responsible beekeeping and favored adopting the approach with some minor modifications of item 8 in the draft standards for beekeeping. Commissioner Kunzweiler said he would like to move forward with the ministerial process for the chickens and he could go either way on the process for beekeeping. He would like it to be under some reasonable level of control and management, and to reduce the price to $250. He is comfortable moving forward with a ministerial review and approval process for both chickens and bees. Commissioner Welner said he is torn but is opposed to a ministerial or by right process for beekeeping. Chairman Corcoran said he does not think there should be any regulation. He noted there is no record of any comment or concern; felt that a remedy is being created for a problem that does not exist; and did not believe there should even be a ministerial process. He believes that beekeeping and keeping of chickens should be "by right". TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 4 Commissioner Kunzweiler said the ministerial approval allows for enforcement of the standards of care. Commissioner Welner said in his neighborhood of Belveron East, there was a neighbor who wanted to keep bees and out of concern asked around to see if people would object. They received quite a few negative responses and therefore did not proceed. He is keeping this in mind during this discussion. If there had.been a ministerial process in place, then his neighbor could have raised the bees. He stated that there are people in the community who worry about bees. Commissioner Weller asked if this meeting was noticed and publicized, and Director Anderson answered that the meeting was publicly noticed in the Ark newspaper. Commissioner Weller said the Commission can only respond to the public concerns, and there has not been any concern expressed by the public. Commissioner Welner said with this type of issue people do not complain until it is the house next door. Chairman Corcoran said if neighbors were surveyed before many decisions were made, they would probably be against most proposals, and pointed out again that there are inherent dangers already present in the community with respect to bees. ACTION: It was M/S (Weller/Kunzweiler) to adopt the ministerial approach in the resolution proposed by staff regarding beekeeping with the following modification to Item 8: "A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation shall be installed between the bee hive colony(s) and all abutting developed or developable parcels". Motion failed: 2-2-0 (Corcoran and Welner opposed). Commissioner Weller pointed out the motion did not pass and, therefore, the Conditional Use Permit will still be in effect. Chairman Corcoran listed several towns in the County who do not require a Conditional Use Permit and asked why Tiburon should do things differently than all of the other communities in Marin. Director Anderson said the communities that have recently taken a closer look at this issue have set up standards and procedures for people to go through, and he thinks this will be an increasing trend in communities as more people want to keep chickens and bees. Chairman Corcoran said there was a complaint that drove the process in Corte Madera, but there is nothing driving the process in Tiburon. Director Anderson said there have been two complaints in recent years about chicken keeping without permits, and the Commission realized it is currently an onerous process and this is what began the current review of the process. The beekeeping is also becoming a popular activity in other communities along with chickens, and this is why staff included bees and chickens together. Chairman Corcoran said he does not believe the process should remain as a Conditional Use Permit. He would reluctantly support the ministerial process and will therefore move his position. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 5 ACTION: It was M/S (Weller/Kunzweiler) to adopt the ministerial approach in the resolution proposed by staff regarding beekeeping with the following modification to Item 8: "A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation shall be installed between the bee hive colony(s) and all abutting developed or developable parcels". Motion carried: 3-1-0 (Welner opposed). Commissioner Welner said he is very supportive of the ministerial approach for the raising of chickens. He said the structure of the ordinance and process for enforcement all look very good, and he supports section 16-40.070, but only to the extent that it covers chickens. He suggested a separate vote on chickens because he plans to vote in favor of the resolution for chickens. Chairman Corcoran asked if they would essentially be creating two new zoning sections by voting separately on bees and chickens. Director Anderson said since the majority voted in favor of a ministerial process for beekeeping, staff would prepare a very similar proposal for both chickens and bees. Chairman Corcoran questioned Item 8 in the Standards for Chicken-keeping prohibited the slaughtering hens on the property. Director Anderson said that item was borrowed from other towns that have standards for chicken-keeping, and the Commission may alter the standards if they so desire. Commissioner Weller said he thinks the purpose of the item is to restrict the raising of chickens for consumption. Chairman Corcoran pointed out there is nothing in the report to prevent raising chickens for consumption, and that people could go somewhere else to have them slaughtered. Commissioner Kunzweiler said the intent of changes to the process was to allow for chickens as pets and for eggs and not for agricultural uses. Commissioner Weller said he sees no compelling reason to allow slaughter, and if people begin to petition to be able to slaughter, then this could be changed in the future. ACTION: It was M/S (Welner/Kunzweiler) to adopt the ministerial approach proposed by staff regarding the keeping of chickens. Motion carried: 4-0. MINUTES: 2. PLANNING COMMISSION MINUTES - Regular Meeting of March 28, 2012 ACTION: It was M/S (Kunzweiler/Corcoran) to approve the minutes of the March 28, 2012 meeting as submitted. Motion carried: 2-0-2 (Welner and Weller abstained). ADJOURNMENT: The Planning Commission adjourned the meeting at 8:35 p.m. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 6 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Members of the Planning Commission From: Community Development Department Planning Commission Meeting April 11, 2012 Agenda Item: 1 Subject: Consider Conceptual Draft Regulations For Urban Chicken and Bee-keeping in Residential Zones (Continued from February 22, 2012) Reviewed By: BACKGROUND At the February 22, 2012 Planning Commission meeting, the Commission received and provided initial comments on conceptual draft regulations for urban chicken and bee-keeping. The Commission recommended modifications to the proposed standards for chicken keeping. There was consensus that the application review process could be similar for both chickens and bees, but the Commission requested additional information regarding the health concerns and ecological impacts of bee-keeping and directed Staff to return with revised regulations for further review. ANALYSIS Research Staff surveyed all of the municipalities within Marin County and a majority of municipalities in Sonoma County to gain a better understanding of how they regulate bee-keeping and to determine if nuisances associated with bee-keeping have become prevalent. Few municipalities in either County regulate honeybees, and there have not been any extenuating circumstances that would compel municipalities to regulate honeybees. The only jurisdiction that recently revised its ordinance to permit honeybees, along with chickens, is Corte Madera. However, Staff has concluded from various conversations with Staff members of each city, that code amendments to address keeping of chickens and honeybees may be processed in the future, depending on public demand. A summary of responses from each city within Marin County regarding bee-keeping is as follows: • Sausalito Requires permit from county Health Officer; City is not involved with process - has received only positive comments from residents. • Mill Valley No reference to bees in municipal code; City does not regulate them - no comments from residents regarding bee-keeping. TOWN OF TIBURON PAGE 1 OF 5 111a.1Inir,9(:c,r~ta~~i: i r3 'vt~c't:i~~ Ar),i i# 1.1 l • Belvedere No reference to bees in code; City does not regulate them; would defer to County for permit (same as Sausalito) - not aware of any issues stemming from bee-keeping within the City limits. • Larkspur Neither permits nor restricts bee-keeping - no comments or concerns from residents. • Corte Madera Recently amended code to permit bee-keeping through a Minor Conditional Use Permit with Zoning Administrator - code enforcement action drove planning department to revise code. • San Anselmo No regulations - no comments or concerns from residents. • Ross No reference to bees in code - at least 2 residents keep bees but there have been no complaints from residents living adjacent to the hives. • San Rafael Requires a Conditional Use Permit at Zoning Administrator level ($2,220 deposit) - no response regarding comments or concerns from residents. • Fairfax Permitted by right and the Town does not regulate them - no recent comments/complaints received from residents. • Novato Code is silent on bee-keeping - no comments received from residents. • Marin County Bees are defined as "Agriculture" but their ordinance does not prohibit them; there are no permit requirements - no comments/concerns from residents. A summary of responses from each city within Sonoma County is as follows: • Windsor Ordinance is silent on bee-keeping; no process in place - only 1 complaint in the last 30 years which was resolved between neighbors (i.e. move hive). • Cloverdale Permitted by right in rural and single-family residential zones; no permit is required - no response regarding comments or concerns from residents. • Healdsburg No regulations - one complaint received recently but because the City does not have any regulations, they could not assist the complainant. • Sebastopol Does not regulate as a hobby but restricts as a business (commercially) - only a few complaints from neighbors regarding safety, but overall has not been a major issue. ~ . t.tilt!"Icy ~ .c).!l]Ii)_I•S:;.lOt1 l'3~Ct:I.l7~, Apill. U. 2012 • Sonoma Residents must receive a permit from the Police Department; no public notice required; the fee is $10.00 - not aware of any complaints from residents. • Santa Rosa Permitted in rural residential areas but no standards for bee-keeping - no response regarding comments or concerns from residents. • Cotati Listed as an allowable animal keeping for plant pollination and/or honey production and is permitted in certain zones - no response regarding comments or concerns from residents. Sonoma Co. Permitted everywhere except public facilities and planned community zoning districts; no permits required - not aware of any complaints from residents. Health and Ecological Impacts of Honeybees Staff researched the health and ecological impacts of honeybees to determine whether or not permitting them in residential zones would be harmful to residents. Negative health impacts on humans are mostly limited to allergy concerns, which can be severe for some individuals. There are many articles regarding this topic as this type of allergy has been known for quite some time. Swarming is also perceived as a negative aspect or impact of bee-keeping. Swarming typically results from either a defensive mechanism or during reproduction time. If a colony feels threatened, honeybees will swarm until they find a new hive location and bring their queen to the new location. However, a majority of the time, honeybees swarm during the spring for reproduction purposes. Swarming periods result in a loss of honey production, so beekeepers try to avoid swarming in a number of ways. One way is to purchase new bees and/or a new queen each spring to replace the previous hive. Another way is to remove some of the fullest frames of honey, which gives the perception that there is not enough food in the hive, and bees will continue to work. Some beekeepers will create a starter colony and then split it in two, which encourages bees to stay in their hives instead of swarm. Even though there is always the fear of swarming or severe allergic reactions to bee stings, there are positive impacts to keeping honeybees. A honeybee's primary job is pollination of agricultural crops and flowers. Without them, flowers, fruits, vegetables, and nuts would not be abundant. In addition, the byproduct of pollination is honey. It has recently been discovered that colony collapse disorder and/or parasitic mites are eliminating wild or feral honeybee colonies, which is why honeybees are disappearing, causing major problems for the agricultural industry. This is just one of the reasons why there is a growing trend for homeowners to keep one or two honeybee colonies on their property, since an educated beekeeper can properly take care of a colony in order to prevent colony collapse disorder and/or the spread of parasitic mites, and thus avoid destruction of the hive. In turn, properly kept honeybees result in greater opportunities for pollination and therefore enhanced crops. As part of the overall sustainable living trend, homeowners have seen the benefits of keeping bees on their own organic gardens, while helping to promote the re-population of honeybees in general. P11, 10 5 t1,n,nil` Y ~.^4.~Illllll i ;I()fl , 't~.C'Z:III i A question has been raised whether or not permitting honeybees would impact the California native bee population. According to the UC Berkeley Urban Bee Project, there are approximately 1,500 known species of native California bees, which are not the same as the European honeybees we are accustomed to seeing in gardens and which are used for agricultural pollination. Native California bees live either a solitary lifestyle or in small groups. They still pollinate but do not produce honey and they do not typically sting. The European honeybee is bred to pollinate and produce honey. Even though both the California native bee and European honeybee are part of the .overall bee species population 25,000 species worldwide), they appear to be entirely different types of bees. However, it is unknown to Staff whether or not permitting the European honeybee in residential areas would drive any native bee population out. At the recommendation of the Town of Corte Madera, Staff attempted to contact a professor with San Francisco State University who was helpful during Corte Madera's Planning Commission meetings regarding beekeeping. Staff was unable to get a response from this professor, but has attached an email (Exhibit 4) that the Staff in Corte Madera provided regarding environmental impacts of honeybees. It would seem from this email that the state apiculturist, Dr. Eric Mussen with UC Davis, does not believe there is substantial evidence that bee keeping would result in significant environmental impacts, and there is insufficient data to support banning bees from residential areas. Staff has also attached two articles (Exhibits 5 &6) written by Dr. Mussen regarding the value and impacts of honeybees on the environment for the Commission's consideration. REVISED REGULATIONS AND OPTIONS Revised draft regulations and standards are set forth in Exhibit 2. Staff s recommendations regarding the various options for processing are as follows: ➢ Staff strongly believes that the permitting process for chicken- and/or bee-keeping should either be fully ministerial or fully discretionary (i.e. conditional use permit), and does not believe that a staff-level discretionary permit is appropriate for either use. Notice would either be required if processed as conditional use permits, or not required if processed as ministerial permits. ➢ For chicken-keeping, staff concludes that a ministerial permit is the most appropriate option if utilizing adopted standards for approval, and employing non-compliance sanctions and/or nuisance abatement as remedies if there are documented problems. Many communities allow chickens "by right" with no applicable standards. ➢ For bee-keeping, the issues likely to be in dispute (fear of bee stings, swarming, discomfort at the proximity of bee hives, etc.) are not typically amenable to solution at the discretionary "staff level" of review, and would in all probability frequently lead to appeals. In any event, the current $250 flat fee for bee-keeping permits makes sense only if acted upon ministerially. If subject to notice and discretionary review, the fee would fall far short of covering staff processing costs, and the time expended in processing appeals is always a "loss-leader" for the Town. If bee-keeping permits were to remain discretionary, then Exhibit 2 would be modified as necessary to reflect that approach. € int ,2i)'.. 1'Lar)[Iftig t_ olll)1',v,<1on tilectil-I ` pjil 11. 01 ➢ Applications for bee-keeping should either be processed as ministerial permits or should be subject to a conditional use permit by the Planning Commission (as is currently required). Applications for bee-keeping permits would likely be few (in comparison to chicken-keeping permits) and are highly amenable to conditional use permit processing if the Planning Commission is uncomfortable with the ministerial option. Appropriate "standards" would be developed and enforced as conditions of approval. RECOMMENDATION Staff recommends that the Planning Commission review the attached draft regulations and standards and provide feedback to Staff regarding the general direction of the process and substance of the proposed standards. FUTURE ACTIONS Once the Commission is satisfied with the general direction of the regulations, Staff will initiate a formal Zoning Ordinance amendment process and public hearing. Exhibits: 1. 2. 3. 4. 5. 6. Minutes of the February 22, 2012 Planning Commission Meeting Draft Regulations Planning Commission Staff Report dated February 22, 2012 Email dated March 14, 2012 from Dan Bell, Town of Corte Madera "Don't Underestimate the Value of Honey Bees" by Dr. Eric Mussen "Impact of Honey Bees on the California Environment" by Dr. Eric Mussen Prepared By: Laurie Tyler, Associate Planner Section 16-40.070. Chickens and Honey Bees. This section provides for establishment and reasonable regulation of bee-keeping and/or chicken- keeping as an accessory use to a single-family dwelling in certain residential zones while ensuring the public health, safety and welfare. A. Permit Required. It is unlawful to keep, possess, or maintain chickens or honey bee hives on any lot or parcel of land located in the Town unless a permit has first been approved by the Director of Community Development. B. Application and Fee. Application for a bee-keeping permit or for a chicken-keeping permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate fee. C. Director of Community Development as Review Authority. Applications for bee- keeping and/or chicken-keeping permit shall be acted upon by the Director as a ministerial permit without notice, discretionary review, or a public hearing. D. Grant of Bee-keeping or Chicken-keeping Permit. In order to grant a bee-keeping or chicken-keeping permit, the Director shall find that the use would comply with all of the standards set forth in the Standards for Bee-keeping or the Standards for Chicken- keeping, whichever is applicable, as adopted by Resolution of the Town Council. E. Trailing Permits. Any required Site Plan and Architectural Review and/or Building Permits associated with a bee-keeping or chicken-keeping use shall be obtained prior to commencement of the use. F. Approved Conditional Use Permits Still Valid. Any bee-keeping or chicken-keeping use with an approved Conditional Use Permit in existence prior to [insert effective date of this Ordinance] shall be a legal, non-conforming use, provided that it shall continue to comply with all conditions of its permit approval. G. Expiration by Limitation. A bee-keeping or chicken-keeping permit issued in compliance with this Section shall expire and become null and void two (2) years after issuance if the use has never commenced. H. Revocation. Upon written notice to the holder of a bee-keeping or chicken-keeping permit, and a hearing before the Director, the Director may revoke or modify any such permit, on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant and that false information had a material bearing on the granting of the permit. 2. That the permit granted is being or recently has been exercised contrary to the Town's adopted Standards for Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, or in violation of any statute, ordinance, law or regulation. 3. That the bee-keeping or chicken-keeping use has been abandoned for a EXHIBIT NO. ,P 1 OP 3 continuous period of at least two (2) years. 4. That the use is declared by the Town to constitute a public nuisance. I. Periodic Update. The Director shall maintain a record of all approved bee-keeping and chicken-keeping permits and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the use is in compliance wit'i the Town's adopted Standards under which it was granted or with all conditions of approval if the use was authorized by a Conditional Use Permit. J. Reporting of Violations. All reporting of bee-keeping or chicken-keeping permit violations shall be in writing and directed to the Director. The Director shall notify the owner of record of the property that a complaint has been registered, within ten (10) business days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty (30) days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps (if any) that have been requested of the owner of record to remedy the violation should such be found to exist. K. Violations Considered an Infraction. Violations of this Section shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) of this Chapter and/or Municipal Code Chapter 31 (Enforcement of Code). L. Violations--Additional Remedies--Injunctions. As an additional remedy, the existence and/or maintenance of any bee-keeping or chicken-keeping use in violation of any provisions of this Section, applicable Standards, or conditions of approval shall be cause for hearing and revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31 [Enforcement of Code]), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. M. Appeals. An applicant aggrieved by the Director's decision involving the approval, denial, or revocation of a bee-keeping or chicken-keeping permit may appeal such decision to the Planning Commission, pursuant to Section 16-66.020(A), within ten (10) days of the decision. The decision of the Planning Commission on appeal shall be final. EXHIBIT NO. 2 PG : Z b, 2 Standards for Chicken-keeping (DRAFT) [To be adopted by Resolution of the Town Council] 1. The chicken-keeping use must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the chicken-keeping use must be secured through an application form signed by the property owner (or authorized agent) or through a separate letter of authorization. 3. Maximum number of chickens allowed to be kept per single family dwelling: a. On lots less than or equal to 10,000 square feet in lot area: Up to four (4) hens; b. On lots greater than 10,000 square feet in lot area: Up to eight (8) hens. C. On lots greater than one (1) acre in lot area: Up to twelve (12) hens. 4. All chickens must be hens and must be kept for non-commercial purposes only. 5. Chicken-keeping permits are intended exclusively for the keeping of chicken hens and are not applicable or transferable to other fowl, including but not limited to roosters, turkeys, ducks, geese, quail, pigeons, guinea fowl or peafowl. Chicken-keeping permits are not applicable to canaries, parrots, or other traditional indoor avian pets. 6. All chickens shall be confined in a secure enclosure at all times. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. In no event shall any chicken enclosure be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the chicken enclosure is not an accessory use. 7. A chicken coop/cage shall not exceed 100 square feet in area or six (6) feet in height and shall comply with minimum setback requirements and lot coverage limits for the zone or planned residential development in which it is located. 8. No hens shall be slaughtered on the property. 9. In order to prevent nuisances, maintenance and operation of the chicken keeping shall include all applicable best management practices to provide safe and healthy living conditions for the chickens while avoiding adverse impacts on surrounding properties that would be detrimental to the public health, safety or welfare. YTqT-RTT NO. 2- p 3 6r-3 Standards for Bee-keeping (DRAFT) [To be adopted by Resolution of the Town Council] 1. The bee-keeping use shall be limited to Apis mellifera (honey bees) only and must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the bee-keeping use must be secured through an application form signed by the property owner or authorized agent, or through a separate - letter of authorization submitted by the property owner or authorized agent. 3. Maximum number of bee colonies (hives) per single family dwelling: a. On lots less than or equal to 109000 square feet: Two (2) colonies. b. On lots greater than 10,000 square feet: Four (4) colonies. 4. All bee colonies must be kept for non-commercial purposes only. 5. Any bee hive box (colony) shall comply with minimum setback requirements for the zone or planned residential development in which it is located. Bee hive boxes shall not count toward lot coverage. In no event shall any bee hive box shall be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the hive is not an accessory use. All hive entrances shall face away from, or parallel to, the nearest property line(s). 6. A convenient and adequate source of water shall be available to the bee colony(s) at all times. 7. All bee colonies shall be kept in hives capable of inspection and consisting of moveable frames and combs. Hives must be kept in sound and usable condition at all times. 8. A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation shall be installed between the bee hive colony(s) and an abutting parcel. 9. In order to prevent nuisances, maintenance and operation of the honeybee hive(s) shall include all applicable best management practices to provide safe and healthy living conditions for the bees while avoiding adverse impacts on surrounding properties that would be detrimental to the public health, safety or welfare. Laurie Tyler From: Dan Bell <DBell@ci.corte-madera.ca.us> Sent: Wednesday, March 14, 2012 12:39 PM To: Laurie Tyler Subject: RE: Bee Keeping Laurie: I suggest you have a conversation with Gretchen LeBuhn, Assistant Professor SF State, Dept of Biology. She actually lives in Corte Madera and spoke numerous times at the public hearings. Her contact is: IebuhnCc~sfsu.edu (415) 405-0729. Her general message was that there is little research on such impacts and the scale of bee hive operations in Corte Madera would be insignificant. I've attached an e-mail below she sent to me to give you a general idea of her opinion. Dan Dan, I just got off the phone with Dr Eric Mussen who is the state apiculturist (honey bee guy) at UC Davis. Eric doesn't feel like there is good evidence that there will be a significant environmental impact of bee keeping and agreed with me that there just isn't enough data out there that would support banning bees. He said that honey bees need the equivalent of 1 acre of bloom during peak season to maintain a hive. So, Ring Mountain could support 800 hives. Having said that, if there were 800 hives, there would probably be an impact on the native bee population. I can't imagine that Tiburon and Corte Madera together would ever approach 800. We also talked about limiting beekeeping to non-commercial operations. When we talked about how many hives should be allowed, Eric suggested 3 per residence could be a reasonable limit with a provision that there could be temporary holding of up to 5 or so more hives. You do want to make the temporary provision so that people who gather swarms can house them until they can get rid of them safely. He also agreed that having a barrier to make the bees fly high and the requirement that one provision bees with water would be reasonable. He also said that Elk Grove recently set up a provision for mediating disputes whereby a committee of a someone from the town and a bee expert met with the two parties in dispute and mediated an agreement. That might help Corte madera. You could probably get a copy of that provision form the town council there. Best, Gretchen LeBuhn From: Laurie Tyler [mailto:ItylerCd)ci.tiburon.ca.usl Sent: Tuesday, March 13, 2012 10:37 AM To: Dan Bell Subject: Bee Keeping Hi Dan, Congrats on getting your ordinance approved! I've only had one meeting with our Planning Commission and it seems they want us to research the ecological and health impacts of honey bees on humans. I think there is a concern that we could run into issues if a neighbor is allergic to bee's, etc. How did your Commission/Council handle this discussion? Did you bring in any bee keeping experts to address these issues? Laurie Tyler Associate Planner Town of Tiburon 415.435.7397 Ityler@ci.tiburon.ca.us WA Think of trees before you print please. EXHIBIT NO.~ DON'T UNDERESTIMATE THE VALUE OF HONEY BEES! By Eric C. Mussen, Extension Apiculturist Department of Entomology University of California, Davis, CA 95616 (530) 752-0472 - ecmussen@ucdavis.edu The Beekeeping Industry in California California has the largest beekeeping industry of any state in the U.S. Nearly 500,000 colonies of bees are operated by 400 commercial and semi-commercial beekeepers. An additional 2,000 hobby beekeepers in the state have one or more hives of bees. While most hobby beekeepers place their hives on permanent locations, commercial beekeepers move their hives at least six times each year to pollinate crops or to place them near natural food sources for bees. Products of the Beekeeping Industry Live bees, reared primarily in the Sacramento Valley, are exported to honey producing areas. In 2005, queens, bulk bees, and starter nuclei worth $11.5 million were shipped to beekeepers in the state, in neighboring states, across the country, and to other parts of the world. Most of the hives of bees in California are rented one or more times a year for pollination of agricultural crops. Nearly 3/4 of the country's documented commercial honey bee crop pollination is conducted in California. Beekeepers received $121.9 million in 2005 for supplying bees to pollinate more than 50 varieties of orchard and field crops. The value of this pollination service to California agriculture is detailed on the attached data sheet. California is a national leader in production of honey, with total yields averaging 20,000,000 pounds each year. An average 400,000 pounds of beeswax is produced as well. The value of honey and beeswax to California beekeepers was $42.5 million in 2005. In total, the state's gross beekeeping income for 2005 exceeded $175.9 million. The Value of Honey Bee Pollination to California Agriculture Pollination by honey bees is as vital to the production of many crops as water and sunlight. There is no substitute! One third of our daily diet relies on honey bee pollination. Almonds, apples, sweet cherries, plums and prunes are examples of crops that require cross- pollination between varieties in order to produce a crop. Bee pollination is necessary for the production of cucumbers, squash, pumpkins, and melons. Twenty-one additional California fruit and nut crops are known to produce larger yields when pollinated by honey bees. These fruit, nut, and vegetable crops were worth $6.1 billion in 2005 - a value approximately 35 times greater than the income generated directly by the beekeeping industry. -X IBIT NO. -17 i oP 2- -2-. The greatest value of honey bee pollination is associated with the production of seeds that will have worldwide distribution. Twenty vegetables, including asparagus, carrots, celery, onions, radishes, and turnips produce seeds only when their flowers have been adequately pollinated. Likewise, seed production of forage crops such as alfalfa, various clovers, trefoil, and vetch, requires many visits by foraging bees. Including the "indirect" value of honey bee pollination (meat, dairy products, vegetables, hay, etc.), honey bees are responsible for nearly half of California's agricultural production (cash receipts for farm marketing), which is currently valued above $32.0 billion. Thus, honey bee pollination is really worth in excess of 400 times the- intrinsic earning power of the bees to beekeepers. Value of Honey Bees to Nonagricultural Segments: Home Gardens It is estimated that nearly one half of American households have gardens. Aside from the fact that honey bee pollination was responsible for producing most of the planted vegetable and flower seeds, home gardeners should realize that honey bees are necessary to their gardens, much like water and sunlight. Without honey bees, fruit trees bear few fruits, berries tend to be small and misshapened, and vine crops like melons, cucumbers, squash, and pumpkins bear small fruits that do not fill out and mature properly. Some ornamental shrubs and trees also require pollination to produce fruit that may be eaten by birds or other beneficial animals. Recently, parasitic mites have spread into managed and "feral" (non-kept) colonies of honey bees. One mite, Varroa destructor, is so devastating that it has eliminated most of our feral colonies. Therefore, hived bees, which can be protected from the mites by beekeepers, are going to be about the only colonies of honey bees left in California and the United States. To assure adequate pollination of fruit trees and garden crops, gardeners are going to have to encourage beekeeping in their communities. Wildlife and Watershed Management Areas Drastic reductions in populations of native insect pollinators have created a great need for honey bee pollination to insure re-seeding and perpetuation of wild plants. These plants serve as sources of fruits, nuts, and/or vegetation for consumption by various birds and mammals. They also provide nesting sites and hiding places for other creatures involved in the intricate "Balance of Nature." This vegetation also adds immeasurably to soil conservation and flood control. Too often, honey bees are equated with stinging, a suicidal act reserved specifically for purposes of colony defense. Frequently, the insects behaving in an aggressive manner at picnics and around homes are wasps ("meat bees") that are incorrectly called bees. Negative publicity and restrictive legislation only can lead to loss of honey bees and the crops that rely upon them for pollination. Revised 3/28/07 X IBIT NO. S l), 2 6 F 2, Impact of Honey Bees on the California Environment Eric C. Mussen - Extension Apiculturist, UC Davis - 2/4/02 Conservationists and beekeepers are interested in the interactions of honey bees with nectar and pollen producing plants in California. One polar view is that honey bees are non-native, pollinate mostly introduced "weed" species, and eliminate native pollinators through competition for food. At the other end of the spectrum is the knowledge that honey bees will visit most blooming plants for food and, if nectar is abundant, will produce a honey crop. While honeys vary in color and taste depending upon floral source, any native or introduced nectar and pollen sources that will preserve honey bees throughout the year are likely -to be acceptable to the beekeeper. A number of agencies and organizations are cooperating in an effort to "restore" regions of the California Central Valley to its "original state." The major emphases are 1. replacing non-native vegetation with native plants and 2. encouraging native animals to return to their former ranges. The result has been eviction of beekeepers from apiary locations that have been used for decades as seasonal spots for rebuilding populations following the stresses of commercial pollination or for producing honey. While removing this non-native pollinator from an environment may sound rational at first, it may not be the best idea. In most cases, it is not the presence of honey bees that has depressed or eliminated the populations of native pollinators. In fact, no studies have shown that honey bees eliminate native pollinators. In some cases the populations of native pollinators have been reduced by honey bee competition, but following removal of honey bees the native bees built back to usual levels in a couple years. Coincidental with the introduction of non-native plants and honey bees into the environment, natural habitats were altered in many other ways. With honey bees, if we provide them with an adequate hive and food sources, they are likely to survive. However, native pollinators can be very particular about the environment in which they can exist. If their nesting habitat is disturbed, modified or destroyed, they cannot live in the area, despite an abundance of food plants. In many California locations, it is habitat alteration or destruction, not lack of food, which eliminated the native pollinators. In cases where habitats are so degraded that some native bee populations have been reduced or eliminated, honey bees may be essential to foster initial re-estab- lishment of native plant populations. Those plants provide food and shelter for wildlife and assist significantly in erosion control. Until the habitat is restored adequately to meet the requirements of native pollinators, it is likely that the presence of honey bees will be much more beneficial than detrimental in keeping the California native plants pollinated and reproducing. Thus, honey bees should be solicited for, not banned from, restoration areas. A list of over 130 native California plants visited, and likely pollinated, by honey bees follows. EXHIBIT NO. California Native Plants Visited (and probably pollinated) by Honey Bees Excerpted from Nectar and Pollen Plants of California (Bulletin 517) by G.H. Vansell (1941), UC Berkeley plus personnel observations of Dr. Robbin W. Thorp, Emeritus Professor, UC Davis Updated according to the CalFlora web, site - June, 2001 and the Jepson Manual of Higher Plants of California, 1993, edited by James C. Hickman Alder - Alnus spp. Antelope brush - Purshia tridentata (Pursch.) DC. Arrow-weed - Pluchea sericea (Nutt.) Cov. Asters - Aster spp. Azalea - Rhododendron spp. Barberry - Berberis spp. Beardtongue - Penstemon spp. Blackbrush - Coleogyne ramosissma Torr. Black sage - Salvia mellifera Greene Blue palo verde - Cercidium floridum A. Gray Bluecurls - Trichostema lanceolatum Benth. Box elder - Acer negundo L. var. californicum Sarg. Buckwheats - Eriogonum spp. Buffalo berry - Shepherdia argentea Nutt. Burnet - Sanguisorba spp. Button bush - Cephalanthus occidentalis L. Cactus - Opuntia spp. California bay - Umbellularia califomica Nutt. California broom - Lotus scoparius (Nutt.) Ottley California buckeye - Aesculus califomica Nutt. California coffeeberry - Rhamnus califomica Esch. California corn lily - Veratrum californicum Durand California figwort - Scrophularia califomica Cham. & Schldl. California hazelnut - Corylus comuta var. califomica (A. DC.) Sharp California scale-broom - Lepidospartum squamatum Gray EXHIBIT P F- f, Camas - Camassia spp. Carpet grass - Phyla spp. Cascara sagrada - Rhamnus purshiana DC. Catclaw - Acacia greggii A. Gray Chamise - Adenostoma fasciculatum Hook. and Arn. Checker mallow - Sidalcea malvaeflora (DC.) Benth. Chia - Salvia columbariae Benth. Chinquapin - Chrysolepis chrysophylla (Hook) Hjeluq. Cinquefoil - Potentilla spp. Coffee weed - Sesbania exalata (Raf.) Cory Common cocklebur - Xanthium stumarium L. Common meadowfoam - Limnathes douglasii R. Br. Common rabbit brush - Chrysothamnus nauseosus (Pall.) Britt. Cotton-thorn - Tetradymia spinosa Hook. and Arn. Cottonwood - Populus spp. Coyote brush - Baccharis pilularis DC. Coyote mint - Monardella villosa Benth. Creeping sage - Salvia sonomensis Greene Creosote bush - Larrea tridentata (DC.) Cov. Dalea - Dalea spp. Death-camas - Zigadenus venenosus Wats. Desert peach - Prunus andersonii Gray Dodder - Cuscuta spp. Douglas hawthorn - Crataegus douglasii Lindl. Elderberry - Sambucus spp. Fiddleneck - Amsinckia spp. Fireweed - Epilobium angustifolium L. Flax - Linum spp. Forest clover - Trifolium breweri Wats. EXHIBIT NO (P_ 3 br= ~ Gilia - Gilia spp. Golden fleece - Ericameria arborescens (Gray) Greene Goldenrod - Solidago spp. Grape - Vitis spp. Honey mesquite - Prosopis glandulosa Torr. Honeysuckle - Lonicera spp. Horsemint - Agastache urlicifolia (Benth.) Ktze. Hound's tongue - Cynoglossum spp. Jackass clover - Wislizenia refracta Englem. Keckiella - Keckiella spp. Laurel sumac - Malosma laurina (Nutt.) Abrams Lemonadeberry - Rhus integrifolia (Nutt.) Brewer and S. Watson Lily - Lilium spp. Locoweed - Astragalus spp. Lupines - Lupinus spp. Manzanita - Arctostaphylos spp. Maples - Acer spp. Mexican devilweed - Chlorocantha spinosa (Benth.) G. Nesom Milkweed - Asclepias spp. Mistletoe - Phoradendron spp. Mojave stinkweed - Cleomella obtusifolia Torr. & Frem. Mountain misery - Chamaebatia foliolosa Benth. Mule fat - Baccharis salicifolia (Ruiz Lopez and Pacon) Pers. Nightshade (some) - Solanum spp. Oak - Quercus spp. Onion - Allium spp. Our Lord's Candle - Yucca whipplei Torr. Pacific madrone - Arbutus menziesii Pursh Peak rush-rose - Helianthemum scoparium Nutt. EXHIBIT NO (P P, q op Phacelia - Phacelia spp. Poison oak - Toxicodendron diversilobum (T. & G.) Greene Poppy - Eschscholzia spp. Purple sage - Salvia leucophylla Greene Raspberry - Rubus spp. Red maids - Calandrinia caulescens H.B. K. var mensiesii Gray Red shank - Adenostoma sparsifolium Torrey Redwood - Sequoia sempervirens (Lamb. Endl. Rocky mountain bee plant - Cleome serrulata Pursh. Sage - Salvia spp. Sagebrush - Artemisia spp. Screw bean mesquite - Prosopsis pubescens Benth. Sea dandelion - Agoseris spp. Serviceberry - Amelanchier spp. Sierra coffeeberry - Rhamnus rubra E. Greene Sierra milkwort - Polygala cornuta Kell. Smartweed - Polygonum spp. Smoke tree - Psorothamnus spinosus (A. Gray) Barneby Snowberry - Symphoricarpos albus Blake Soap plant - Chlorogalum pomeridianum (Ker) Kunth Spanish clover - Lotus purshianus (Benth.) Clem. & Clem. Spikeweed - Hemizonia spp. Spiny cocklebur - Xanthium spinosum L. Spiny redberry - Rhamnus crocea Nutt. Strawberry - Fragaria spp. Sugar bush - Rhus ovata S. Watson Sunflower - Helianthus spp. Tan oak - Lithocarpus densiflorus (Hook and Arn.) Rehder. Tarweed - Hemizonia spp. TIBIT NO. 5 o~=t~ Toyon - Heteromeles arbutzfolia (Lindl.) Roemer Tule mint - Mentha arvensis L. Turkey mullein - Eremocarpus setigerus Benth. Turpentine weed - Trichostema laxum A. Gray Vetch - Vicia spp. Virginia creeper - Parthenocissus vitacea (Knerr.) Hitchc. Wallflower - Erysimum spp. Walnut - Juglans spp. Wax myrtle - Myrica californica Cham. & Schldl. Western false-indigo - Amorpha fruticosa L. Western goldenrod - Euthamia occidentalis Nutt. Western redbud - Cercis occidentalis Torr. White sage - Salvia apiana Jepson Wild lilac - Ceanothus spp. Willow - Salix spp. Wood sorrel - Oxalis spp. Yerba santa - Eriodictyon californicum (H. A.) Torr. Yellow bee plant - Cleome lutea Hook. Yellow palo verde - Cercidium microphyllum (Tory.) Rose & Johnston EXEMIT NO. C° .r p.m. on Sundays. He said that the proposed addition would not alter the character of the shopping center or change the exterior of the building, and he recommended that the Planning Commission hold a public hearing and adopt the draft resolution conditionally approving the prof ect. John Snell, owner and applicant, said that they wish to supplement what they do already and bring in more business to: their establishment. He said that they would likely lose some of their coffee and tea sales to Peet's, and they hope for more business related to this application. He thanked staff for their assistance and work on the application. Chairman Corcoran opened the public hearing, and seeing no public comments, closed the public hearing. Commissioner Weller said that he supported the application and said that staff had done an excellent job of analyzing the consistency of the application with the ordinance. He said that there were no physical changes requested and in his view the use was appropriate. He thought that this would help revive the shopping center and encourage others to take over the empty spaces. Commissioner Kunzweiler thought that this was a logical extension of the business. Commissioner Welner agreed and said that this was an appropriate complementary use. He liked the idea of increasing the offerings of the restaurant and voiced support of the project. Vice Chair Tollini agreed with the other Commissioners and said that it was consistent with zoning and would be part of the revitalization of the Cove Shopping Center. Chairman Corcoran said that he was excited about the proposal and also voiced support. ACTION: It was M/S (Weller/Kunzweiler) to approve the request for a Conditional Use Permit application for beer and wine sales, and to adopt the resolution as drafted. Motion carried: 5-0. NEW BUSINESS: 2. CONSIDER CONCEPTUAL DRAFT REGULATIONS FOR URBAN CHICKEN AND BEEKEEPING IN SINGLE-FAMILY ZONES Associate Planner Tyler said that at the August 24th meeting the Planning Commission asked staff to research the keeping of chickens and bees, including how other jurisdictions regulate chicken and beekeeping on single-family lots. Staff has researched how other municipalities regulate urban chicken and beekeeping permits, including local Bay Area communities in Marin and Sonoma Counties, and has taken this information and drafted new regulations that would substantially modify the Town's current process. She stated that the current process requires property owners to apply for a conditional use permit which includes a deposit of $1,540. Trailing permits include $255 for architectural review and a TIBURON PLANNING COMMISSION MINUTES FEBRUARY 22, 2012 MINUTES NO. 1017 PAGE 2 small fee for building permits. To date, the Town has received only one application for a conditional use permit to keep chickens, although the Town has also recently received another such use permit which is in the early stages of processing. She said that research indicates that most municipalities do not require any permits and have no formal process. For other cities, the use is often part of an animal-keeping section of the municipal code and usually does not include any specifications of the enclosure location or size, and no nuisance clauses. She said that while that might work for more rural areas or areas where topography is flatter, in a community such as Tiburon, the "by right" approach probably would not work well due to overwhelming possibilities for public nuisances. She said that staff has drafted regulations for the keeping of chickens and honeybees in order to create a streamlined and less expensive process for residents. The standards would include a specific number of chickens or honeybee colonies based on lot size, and only in association with single-family dwellings located in single-family zones. In the R-3 zone, two-family R-2 zone, and commercial properties chickens and bees would not be permitted to be kept. She said that the Commission may wish to consider extending permission into the R-2 zone. Associate Planner Tyler said that the draft regulations also specify location, sanitary conditions, and state that chickens and honey bees may not be kept for commercial purposes. Under the proposed process, the property owner would apply for a chicken or beekeeping permit with the Planning Division and Planning staff would review and act on the application on a ministerial level. If the standards were met, the application would be approved. If the standards were not met, then it could be denied. However, a denied applicant could appeal and go before the Planning Commission. There would be a one-time fee of $250 to process the permit. The process would require staff to review the application, a detailed project description, and a simple site plan showing the property boundaries, setbacks, dwelling units, accessory structures, and location of the chicken coop or honeybees. Staff would then perform a site visit to be sure the site plan reflects what is constructed. Staff would also allow for a periodic review of approved permits to determine if the use is still in place and in compliance. A log would be maintained of all permitted individuals and staff would check every two years to determine if permit holders are still keeping chickens and bees. She said that there are other options the Commission could consider. One would be to allow the keeping of chickens and bees by right. Another would be to continue the conditional use permit process that is currently in place. She recommended that the Commission review the draft regulations and standards and provide feedback to staff regarding the general direction of the process and the content of the proposed standards. Once staff reviews the general direction from the Commission, staff will return with a more formal zoning amendment process for review and have a formal public hearing. Commissioner Weller asked whether the $250 fee would be enough to compensate the Town for staff time involved. Director of Community Development Anderson said that the fees are all set forth in a resolution by the Council that was adopted in January. He said that the $250 fee is the equivalent to what is charged for a staff-level design review and he thought that it would fairly accurately cover their staff time. TIBURON PLANNING COMMISSION MINUTES FEBRUARY 22, 2012 MINUTES NO. 1017 PAGE 3 Vice Chair Tollini asked if an approval would need to be addressed whenever a property is sold. Director Anderson said that typically zoning permits run with a property and therefore would not expire when a property is sold. Vice Chair Tollini asked about the thought process behind not including the R-2 zone. Associate Planner Tyler said that the R-2 zone is for two-family dwelling units. Planning Manager Watrous added that many Old Tiburon homes are closer together and lots are narrower and that the tighter quarters could create more problems with chickens and bees affecting neighbors. Director Anderson said that it would also be more awkward with two residents on one lot when one owner wants chickens and the other does not. Commissioner Weller asked if there has ever been an application to raise chickens or bees in the R-2 zone, and Planning Manager Watrous answered no. Chairman Corcoran asked if the use was currently allowed in the R-2 zone, and Director Anderson said it is a conditionally permitted use in that zone and in all other residential zones. Commissioner Welner said that one of his neighbors had proposed to have bees on their property within the last year, and he asked if there is a requirement to notify neighbors within 300 feet. Associate Planner Tyler said that there is no public notification included in the current draft. Commissioner Welner asked if there are any studies or information about the safety of beekeeping. Associate Planner Tyler said that she had spoken with the Town of Corte Madera that is currently overhauling their process and there have been concerns in the neighborhoods about native bees and allergies. She said that research shows that if proper precautions are taken, such as having a water source and a 6 foot high barrier/fence, bees will likely not swarm. She said a new queen bee must be put into the hive every so often to help prevent swarming from happening. She said that most concerns involve bees swarming or someone who is allergic, but she did not think that bees are necessarily unsafe if kept properly. Commissioner Welner said that he thought that it is safe to keep bees but there may be a public perception that they are unsafe. He suggested separating discussion of bees from the discussion of chickens because people are more concerned about the safety issues with bees. Commissioner Welner questioned the desirability of paragraph 6 in the Standards for Chicken- keeping that would require that all chickens be confined in their coop or cage at all times, noting that chickens live in the coop but also wander around the yard. Associate Planner Tyler said that the area would include a run and not just a coop. She said that the run provides an area for the chickens to wander around but they cannot be free-range. Commissioner Welner asked if the chickens must stay within a 10' x 10' zone. Associate Planner Tyler said that the fire district indicated that there are other problems when the space is over 100 square feet and this includes the pen and the coop. Commissioner Welner said that while he thought that it is a good idea to limit the size of the coop to 10' x 10', he believed that chickens must be allowed to wander outside the coop in a larger fenced area. TIBURON PLANNING COMMISSION MINUTES FEBRUARY 22, 2012 MINUTES NO. 1017 PAGE 4 Chairman Corcoran questioned if the matter would go to the Town Council for approval of a formal zoning ordinance. Associate Planner Tyler said that right now, staff was looking for general direction from the Commission, but at a later date, it would be presented to Town Council. Chairman Corcoran asked if the Commission has any role in setting the fees. Director Anderson said that typically staff does its best to estimate processing time on average, and the $250 fee was their best estimate. He said that if the fee turns out to be inaccurate, staff could go to the Town Council to amend the fee schedule. Chairman Corcoran asked about re-queening and said that he did not see it in the draft standards. Associate Planner Tyler said that it was something she noticed in other examples when she was conducting her research. She said that it was not clear how that would be checked and enforced, and therefore, she did not include it in the standards. She said that this was a similar situation to making sure the coop is sanitary and that there are no offensive odors. Commissioner Welner said that there should be a generic, catch-all standard for hives to be kept according to appropriate bee-keeping practices. Chairman Corcoran opened the public hearing, and seeing no public comments, closed the public hearing. Vice Chair Tollini said that she lives in the R-2 zone and she knows of some houses that keep bees. She said that this ordinance is only available to single-family dwellings and not to houses in the R-2 zone and she personally does not see any harm in extending it to the R-2 zone. She would like to know what happens if it does become a nuisance and neighbors become upset about the bees or chickens if they go awry. Commissioner Welner suggested adding a condition regarding revocation if it becomes clear that the use is a nuisance. Director Anderson referred to section J, Reporting of Violations, said that section K sets forth infractions, citations, and noted that additional remedies are available under section L. Vice Chair Tollini asked if permit holders would be allowed to keep the bees if they are in compliance but the bees are stinging neighbors. Director Anderson said that if people are being stung, then it would be a nuisance situation and covered under section L. Commissioner Weller suggested that this be in the standards - that the chickens and bees are not creating a public nuisance. Vice Chair Tollini said that she liked the idea of sending notice to neighbors informing them of recourse if it becomes a nuisance. Commissioner Kunzweiler asked for clarification of recourse before the hives are installed if a neighbor has a fatal allergy. Director Anderson suggested discussing beekeeping separately from chicken keeping since the Commission has noted some unique challenges associated with- TIBURON PLANNING COMMISSION MINUTES FEBRUARY 22, 2012 MINUTES NO. 1017 PAGE 5 beekeeping. Commissioner Kunzweiler asked that research be done as to whether there are any medical risks associated with beekeeping. Vice Chair Tollini said that she saw no issues extending the chicken permit process to the R-2 zone, liked the idea of sending a courtesy notice to neighbors, and putting forth a process if bees become a nuisance. Planning Manager Watrous said that staff could provide notice after the permit is issued. Commissioner Weller asked if the permit could be automatically granted and then notices sent to allow people time to object. Chairman Corcoran suggested a longer than 10 day time period for this. to occur. Director Anderson said he believed staff has to have some sort of due process for appeals, which the zoning ordinance sets as 10 days after a decision. Commissioner Weller clarified that the opportunity exists to appeal the decision within that time frame given a legitimate reason. Chairman Corcoran suggested that the permit requirement would only apply to smaller lots such as those under 10,000 square feet. He suggested that lots over 10,000 square feet might not require the minor use permit. He also pointed out the noticing would increase the cost. Planning Manager Watrous said the $100 cost of this is not built into the $250 fee. Commissioner Weller favored having both fees charged so the Town does not lose money. Chairman Corcoran pointed out that applicants would then be charged $250 plus another $100 for noticing, and to him this seemed like a lot to ask for a chicken coop. Commissioner Weller did not believe the cost to be excessive. Associate Planner Tyler said that Corte Madera has a lot of smaller parcels and their process requires that parcels under 5,000 square feet require an administrative conditional use permit for chickens, but parcels over 5,000 square feet allow chickens without a permit. She said that for honey bees Corte Madera requires a use permit for all parcels. Chairman Corcoran thought that that was an interesting idea and he would draw the line at 10,000 or 12,000 square feet in Tiburon. Vice Chair Tollini pointed out that the size of the lot might not matter if the coop is put on the side of the lot. Chairman Corcoran said that 10,000 square foot or less parcels tend to be in denser areas of Tiburon. Commissioner Welner said that it would be good to have the conditions apply to anyone living in Tiburon. He said that it seemed relatively harmless for anyone who has chickens to follow those guidelines. Commissioner Weller thought that the Commission does not know enough about chicken and beekeeping and he resisted making fine distinctions at this point in the process. He said that the Commission was speculating without any experience in these issues. Vice Chair Tollini said that she would propose giving notice after the permit is issued, telling individuals they have the right to appeal and providing them with a description of the process of reporting a nuisance. Planning Manager Watrous said that staff would send out the notices the day of the decision, and individuals would be able to appeal within 10 days of the decision. TIBURON PLANNING COMMISSION MINUTES FEBRUARY 22, 2012 MINUTES NO. 1017 PAGE 6 Commissioner Weller foresaw serious problems if chickens are allowed on two-family R-2 properties, as it might be difficult to deal with issues in cases where there is more than one family. Planning Manager Watrous noted that there are many two-unit condos in the R-2 zones where there are common areas for the two homes. Vice Chair Tollini asked how the process would work with bees. Commissioner Kunzweiler said that the main issues around raising bees were the unknown health and safety issues. Chairman Corcoran brought up a few more issues related to chickens. He asked about the issue of confining the chickens. Planning Manager Watrous said the limit of the enclosure to 100 square feet would not restrict a fenced-in area. Commissioner Weller asked if this would violate the requirement that the chickens be confined. Commissioner Welner suggested changing the first sentence in paragraph 7 to a coop or cage, with chickens to be confined in the coop, cage or enclosure at all times. Commissioner Weller said that whether a coop or cage is used is not mandated, and he suggested changing the wording to "being confined to a secure enclosure." Commissioner Welner did not think that the enclosure should be a maximum of 100 square feet. Commissioner Kunzweiler said that it could be an entire back yard as long as it maintains the required setbacks. Commissioner Welner stated his desire for staff to include a nuisance clause that requires the owner to follow appropriate chicken-raising practices. Chairman Corcoran summarized the recommended modifications to the proposed standards for chicken keeping: • A noticing requirement will be added for neighbors living within 100 feet after the Director has made a determination approving the new chicken coop, cage or enclosure. • The notice will tell neighbors that they have the right to appeal within 10 days, inform them of nuisance remedies, and list various rules that must be followed. • The applicant for the chicken coop will be imposed an additional $100 fee for the noticing requirement. • The requirement will be expanded to single-family dwellings in the R-2 zone. • The existing requirement for the conditional use permit will be kept in place so others who live within other residential zones may be able to apply for a conditional use permit for chickens. • In the Standards for Chicken-keeping, Paragraph 7, change the third word "enclosure" to "coop or cage," and move the last sentence to paragraph 6. • In the Standards for Chicken-keeping, Paragraph 6, change the first sentence to: "All chickens shall be confined in a secure enclosure at all times." Vice Chair Tollini said that her concern was if someone has a fatal allergy to bees they would want to know when a permit for beekeeping is approved. Commissioner Welner said that any neighbors within a certain zone that have serious allergies should have an easier way to prevent the installation of a bee colony. Director Anderson said that this would put the Town in the position of determining health implications and he recommended a conditional use permit process, which is what the Town currently has in place. TIBURON PLANNING COMMISSION MINUTES FEBRUARY 22, 2012 MINUTES NO. 1017 PAGE 7 Vice Chair Tollini suggested following the same process for bees as for chickens, but allowing 30 days to appeal. Commissioner Weller asked if there could be a longer lead time between when the permit is issued and when it is effective, and Director Anderson answered that this was possible. Commissioner Welner suggested asking staff to research whether bees have resulted in problems in communities that have allowed a streamlined process. He said that it sounded like chickens and bees are usually paired as land uses and he wondered whether there are communities where they are separated. Commissioner Weller reiterated that he would like to know more about the health effects before discussing beekeeping. Planning Manager Watrous said that staff would be happy to bring forward more health information. Chairman Corcoran asked about regulations in Mill Valley. Associate Planner Tyler said that Mill Valley does not regulate chickens and this is found in their municipal code under the animal section. Chairman Corcoran said that Mill Valley has a lot of similarities to Tiburon in terms of topography. Commissioner Kunzweiler asked for more information from staff about the health risks from bees. Planning Manager Watrous said it sounded like there was consensus that the process could be similar for bees and chickens, but that the Commission would like more information about health concerns before making a recommendation. Commissioner Welner pointed out there is also an ecological component to the bees, and he would like more information about whether it is good or bad ecologically. Planning Manager Watrous said that staff would address this as well. Chairman Corcoran asked if the R-2 zone should have the same level of scrutiny for bees as for chickens. Commissioner Kunzweiler thought that the nuisance issues are similar. Commissioner Weller said that they need to understand the health consequences of keeping bees. Planning Manager Watrous suggested bringing the health information back and then the possible change in the appeal process could be discussed if they want to change it based on the health information. MINUTES: 3. PLANNING COMMISSION MINUTES - Regular Meeting of January 25, 2012 Commissioner Kunzweiler requested amendment of a typographical error on page 3, second paragraph, line 5: "develop agreement" should be corrected to "development agreement." ACTION: It was M/S (Weller/Tollini) to approve the minutes of the January 26, 2011 meeting as amended. Vote: 5-0. TIBURON PLANNING COMMISSION MINUTES FEBRUARY 22, 2012 MINUTES NO. 1017 PAGE 8 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Members of the Planning Commission Community Development Department Planning Commission Meeting February 22, 2012 Agenda Item: 2 Consider Conceptual Draft Regulations For Urban Chicken and Beekeeping in Single-Family Residential Zones At the August 24, 2011 Planning Commission meeting (Exhibit 1), the Commission reviewed and approved a request for a conditional use permit to establish an agricultural use to keep chickens on a single-family residential property. In approving the permit, the Commission noted a growing nationwide trend toward increased urban chicken keeping and directed staff to research how other jurisdictions regulate chicken and beekeeping on single-family lots and to return with concepts for a possible streamlined process for these specific uses. PROPOSAL Staff has researched how other municipalities regulate urban chicken and beekeeping permits focusing on local Bay Area communities in Marin and Sonoma Counties. In addition, staff has researched the requirements for successful urban chicken and beekeeping, and has taken all of this information and drafted new regulations that would substantially modify the current regulations, allowing property owners in single-family residential zones to keep a small number of chickens and/or honeybees, subject to a ministerial permit process. ANALYSIS Current Regulations The Town of Tiburon Zoning Ordinance, Section 16-100.020 defines "agriculture" as: "The breeding, raising, pasturing, and grazing of livestock, for the production of food and fiber; the breeding and raising of bees, fish, poultry, and other fowl; and the planting, raising, harvesting and producing of agricultural, aquacultural, horticultural and forestry crops, not including a household garden. " Section 16-21.030 discusses the allowable land uses and permit requirements for residential zones and includes Table 2-1, which indicates that an agricultural use requires a conditional use permit in any residential zone within the Town. In short, it requires a property owner to apply for a conditional use permit in order to maintain chickens and/or honeybees on their property. The fee TOWN OF TIBURON PAGE 1 OF 3 Hal" 11, 1-1 22. for this process would include a deposit of $1,540 for the conditional use permit. Trailing permits could include $255.00 for site plan and architectural review, and a small fee for building permits, which is based on the valuation of the cost of the structures associated with the agricultural use (i.e. chicken coop/run, fencing, etc.). Staff notes that prior to adoption of the current Zoning Ordinance in 2010, "agriculture" had not been permitted in any zone since 1990. Since 2010, the Town has only had one property owner apply for a conditional use permit to keep chickens. The Town recently received another conditional use permit application to keep chickens (also an existing chicken coop and run), which staff is in the beginning stages of processing. The Town has no records of any other permits to keep chickens or honeybees, although prior to 1990, certain single-family zones allowed residents to "raise crops and fruit and keep small animals in a limited and controlled manner so as to be in keeping with the residential character of the area" by right. Those zoning regulations dated to the 1960's, when the character of the Tiburon Peninsula was substantially different than today. Research Staff surveyed all of the municipalities within Marin County and a majority of municipalities in Sonoma County to gain a better understanding of how they regulate chicken and beekeeping. Throughout a majority of jurisdictions within Sonoma County, no permits are required to keep chickens or bees. Several jurisdictions within Marin County also do not require permits, with the exception of the following: • Belvedere - requires a level of design review for the coop only. • Corte Madera - requires a minor use permit for chickens, depending on lot size, and requires a minor use permit for all bee keeping requests. Minor use permits are reviewed administratively by the Planning Director but still require 300' noticing of neighbors. [Note: These are newly-adopted regulations]. • Fairfax - requires a use permit. • Sausalito - requires property owners to obtain a health department permit from the county. • Tiburon - requires a use permit. The research indicated that most Marin and Sonoma municipalities permit chickens and bees by right, without any formal permit process. While this unregulated approach may suffice for areas that are more rural in nature, where topography is relatively flat, or where parcels are much larger, some municipalities (including Tiburon) have circumstances that make these types of agricultural uses more likely to become a potential nuisance if un-regulated. Draft Regulations As urban chicken-keeping and bee-keeping have become more popular in recent years for a variety of reasons, it seems reasonable that there should be a streamlined and less expensive process for maintaining a small number of chickens and/or honeybees in single-family residential zones, subject to certain standards intended to reduce the potential for nuisance. Staff has therefore drafted standards for the keeping of both chickens and/or honeybees (Exhibit 2) for consideration by the Commission. As drafted, the standards would permit a specific number of chickens or honeybee colonies, based on lot size 10,000 sq. ft.), and only in association with single-family dwellings located in single-family residential zones. Property owners with multi-family dwellings, two-family dwellings, or commercial properties would not be permitted to apply, although the Commission may wish to consider expanding the use to the R-2 (two-family) zone. The draft standards also address restrictions for enclosure location, impose sanitary conditions, and make clear that chickens or honeybees may not be kept for commercial purposes. Under the proposed process, residents would apply for a chicken or beekeeping permit with the planning division. Planning division staff would review and act on the applications on a "ministerial" level akin to secondary dwelling unit applications. If the application met all the standards, it would be approved; if not, it would be denied. A one-time fee of $250.00 would be collected in order to process the permit. The process would entail staff review of the application, which would include a land development application form, a detailed project description, and a simple site plan indicating the location of the proposed chicken coop and/or beehives in relation to all existing structures on the site, all structures on neighboring properties, and property setbacks, etc. The process would also include a site visit to the property by Planning Division staff. The draft regulations include provisions for permit expiration, denial or revocation, and also allow for periodic review of approved permits to determine if the use is still in place and in compliance with standards. OTHER OPTIONS Staff has proposed a "ministerial permit" approach to regulation of bees and chickens. Its advantages are its low cost, ease of processing, establishment of standards, and availability of remedies, if found necessary. Other options exist, including the following: 1. Continue the current process of requiring conditional use permits for such uses ("discretionary permit" approach). 2. Allow keeping of chickens and honeybees "by right" on single family lots, without any permit process, adopted standards, or Town review ("no permit" approach); 3. Any number of hybrid options. RECOMMENDATION Staff recommends that the Planning Commission review the attached draft regulations and standards and provide feedback to staff regarding the general direction of the process and the substance of the proposed standards. FUTURE ACTIONS Once the Commission is satisfied with the general direction of the regulations, staff will initiate a formal zoning ordinance amendment process and public hearing. Exhibits: 1. Minutes Excerpt from the August 24, 2011 Planning Commission Meeting 2. Draft Regulations Prepared By: Laurie Tyler, Associate Planner 11,% 3 ,1 ''f Chair Corcoran said that the Town has done an excellent job with emergency preparedness, a big component of which is quality communication infrastructure for emergency responders. While he generally favored greater public scrutiny for this sort of application, he felt that staff had expertly tailored the exemption so that it would apply in only the most limited of circumstances. ACTION: It was M/S (Tollini/Weller) to adopt the resolution recommending approval of the amendment to the Town Council. Motion carried: 4-0 2. 35 HACIENDA DRIVE; FILE NO. 11105; CONDITIONAL USE PERMIT TO LEGALIZE AND ESTABLISH AN AGRICULTURAL USE TO KEEP CHICKENS WITHIN A SINGLE-FAMILY RESIDENTIAL-OPEN (RO-1) ZONED PARCEL; Stuart and Gina Peterson, Owners; Thompson Brooks Inc., Applicant; Assessor's Parcel No. 039-012-04 Associate Planner Tyler presented the staff report. The applicant is requesting to legalize and establish an agricultural use for the keeping of chickens with a residential zoned property located at 35 Hacienda Drive. Currently the property is improved with a single-family dwelling and an approximately 150 square foot chicken coop. The existing coop is approximately 15 feet wide, 10 feet in depth, and 9 feet in height at its highest point. It is located within the rear yard of the property, adjacent to the property line, and contains 4 chickens. There are currently no roosters inside the coop. A moderate sized chicken run is also located adjacent to the coop. The applicants have indicated that the primary purpose of this agricultural use is to educate and advocate for sustainable living practices. Ms. Tyler noted that this was the first request that the Town has received to establish an agricultural use for the keeping of chickens in a residential zoning district. She stated that the Commission may grant a CUP for an agricultural use within any residential zone if the purpose of the proposed agricultural use is determined to be properly related to and compatible with the development of the neighborhood or vicinity as a whole. She said that staff had reviewed the proposed agricultural use and found it to be consistent with both the Tiburon General Plan and Zoning Ordinance in that the location of the existing coop and chicken run, combined with the large parcel size and proximity of nearby dwellings, result in a compatible location for this type of agricultural use. She added that there did not appear to be any noise impacts associated with the use on the surrounding residential neighborhood, specifically if roosters are prohibited. Commissioner Weller asked what approach immediately neighboring communities have taken with this type of application. Ms. Tyler stated that most require a CUP to evaluate whether the proposed location is appropriate to neighboring dwellings, and that most other communities do prohibit roosters. Chair Corcoran requested clarification on the fees association with this type of application. Ms. Tyler explained that a $1,540 deposit is due with submittal of a CUP application. Staff charges time and materials against the deposit, with a refund payable for any portion remaining. She estimated actual cost to run several hundred dollars, assuming the item was not contentious. She said that Design Review would likely be conducted at the staff level, requiring a flat $255 fee. TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PAGE 5 Mr. Watrous clarified that in this instance, Design Review of as-built construction incurs a 100% penalty. Chair Corcoran opened the public hearing. Christopher Wand asked that if the Town insists on such large fees for the keeping of chickens, it should do the same for the nuisance associated with noisy dogs. He asked that the Commission not approve the subject application, but instead work toward eliminating the requirement for a CUP for agricultural uses. Nicole Perullo, Corte Madera, stated her support for the application. She described her experiences raising bees and hens on her property. She said that she is an advocate for urban farming as well as the keeping of bees and hens. She found the $1,500 deposit required by the Town to be absurd and completely discordant with the concept of sustainability. She urged the Commission to review the Town's current policy and consider eliminating fees and Design Review requirements altogether. She offered to provide staff with some sample guidelines from other jurisdictions for consideration. Michael Parker provided the Commission with a synopsis of model chicken ordinances from other jurisdictions, most with fees that vary from $20 to $40 and allow for keeping a reasonable number of chickens. Carolina Talbot said that she very much loved the idea of the chicken coop but had concerns about whether or not the presence of chickens would encourage the presence of wild turkey or coyotes. Brian Hanson said that he had no issue with the proposed use but felt that the coop is positioned rather close to his property line. He displayed a photograph that he said demonstrated that the surrounding fence is 9 feet in height, rather than the reported 6 feet. Judith Thompson, representing the applicant, shared a photograph of the existing coop structure. She said that she could not truthfully answer Ms. Talbot's concerns but did not believe that either turkeys or coyotes could access the interior of the coop. Commissioner Doyle asked how long the applicant, who is currently constructing another residence, intends to remain at this location. Ms. Thompson estimated another 1 '/z years. Chair Corcoran closed the public hearing. Commissioner Doyle asked how long the CUP requirement has been in place and what prompted the requirement for this in-depth review process. Mr. Watrous said that the CUP requirement dates back at least 20 years and was reinforced in the Zoning Ordinance update several years ago. In terms of fees, he stated that most minor applications such as this do receive a substantial refund of their original deposit. TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 101 1 PAGE 6 Commissioner Doyle described his previous experience with owning chickens, which proved to be a wonderful learning experience for his children. His only concern relating to this application was with the coop's proximity to the property line. He also felt the cost to be a bit prohibitive and thought the Town could do more to encourage this sort of educational and sustainable practice in a sensible way. Mr. Watrous explained that the property line adjacent to the coop is designated as the rear property line for this lot and that the Zoning Ordinance allows accessory structures less than 12 feet in height to extend up to the rear property line. Vice-Chair Tollini asked about the process to streamline this procedure. Mr. Watrous said it would require a Zoning Ordinance amendment, typically at the request of the Commission or Town Council. As such, it would require review by the Commission and then approval by the Town Council. Commissioner Weller said it should be, and was not, clearly stated in either the CUP or the Zoning Ordinance that such a use precludes any commercial activity including the ability to sell chickens, eggs, or manure. Mr. Watrous noted that any commercial use would require a home occupation permit, which would therefore not comply with the conditions of the CUP. Vice-Chair Tollini said that she visited the site and found the coop to be fairly isolated from neighboring properties. She felt that any issues related to fence height and setbacks would be appropriately addressed through Design Review. She found no issue with the CUP and said she could support the proposed resolution. She also stated support for a more streamlined and less expensive process for single family residences to keep chickens for sustainable practices. Chair Corcoran asked that the Town revisit the CUP requirement, although he acknowledged that it would be very difficult to define a set of regulations that would appropriately apply to all properties. He asked that staff examine what other jurisdictions have done in this regard. He also felt the combination of fees and Design Review requirements created an overly burdensome bureaucratic process for something that the Town should instead encourage. Regarding the current proposal, he found the application to be modest and he did not anticipate any significant impacts on the surrounding neighborhood. After further discussion, it was the consensus of the Commission to include a condition of approval prohibiting any commercial use on this application and to direct Staff to begin a process of amending the Zoning Ordinance to streamline the process of approving agricultural uses in residential zones. ACTION: It was M/S (Weller/Tollini) to adopt the draft resolution conditionally approving the project, with an additional condition prohibiting commercial use. Motion carried: 4-0 TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PAGE 7 MINUTES: ACTION: It was M/S (Corcoran/Tollini) to approve the minutes of May 25, 2011, as submitted. Motion carried: 3-0-1 (Weller abstained). ADJOURNMENT: The Planning Commission adjourned the meeting at 8:45 p.m. JOHN CORCORAN, CHAIRMAN Tiburon Planning Commission ATTEST: DANIEL M. WATROUS, SECRETARY TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PAGE 8 DRAFT Article Chickens and Honey Bees. Section 16-XX.XXX. Keeping.of Chickens and Honey Bees. This article provides for establishment and reasonable regulation of bee-keeping and/or chicken- keeping in certain residential zones while ensuring the public health, safety and welfare. A. Permit Required. It is unlawful to keep, possess, or maintain chickens or honey bee hives on any parcel of property located in the Town unless a permit has first been approved by the Director of Community Development. B. Application and Fee. Application for a bee-keeping permit or for a chicken-keeping permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate fee. C. Director of Community Development as Review Authority. Applications for bee- keeping and/or chicken-keeping permit shall be acted upon by the Director as a ministerial permit without notice, discretionary review, or a public hearing. D. Grant of Bee-keeping or Chicken-keeping Permit. In order to grant a bee-keeping or chicken-keeping permit,.the Director shall find that the use would comply with all of the standards set forth in the Standards for Bee-keeping or the Standards for Chicken- keeping, whichever is applicable, as currently adopted by Town Council resolution. E. Trailing Permits. Any required Site Plan and Architectural Review and/or Building Permits associated with a bee-keeping or chicken-keeping use shall be obtained prior to commencement of the use. F. Approved Conditional Use Permits Still Valid. Any bee-keeping or chicken-keeping use with an approved Conditional Use Permit in existence prior to [insert effective date of this Ordinance] shall be a legal, conforming use, provided that it shall continue to comply with all conditions of its permit approval. G. Expiration by Limitation. A bee-keeping or chicken-keeping permit issued in compliance with this Article shall expire and become null and void two (2) years after issuance if the use has never commenced. H. Revocation. Upon written notice to the holder of a bee-keeping or chicken-keeping permit, and a hearing before the Director, the Director may revoke or modify any such permit, on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant. 2. That the use for which such approval was granted has ceased to exist or has been suspended for two years or more. EXHIBIT NO. 2 3. That the permit granted is being.or recently has been exercised contrary to the Town's adopted Standards for Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, or in violation of any statute, ordinance, law or regulation. I. Periodic Update. The Department shall maintain a record of all approved bee-keeping and chicken-keeping permits and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the keeping use is in compliance with the Town's adopted Standards for said use as set forth by Resolution of the Town Council, or with all conditions of approval if the use was established under a Conditional Use Permit issued prior to [insert the effective date of this Ordinance]. J. Reporting of Violations. All reporting of bee-keeping or chicken-keeping permit violations shall be in writing and directed to the Department. The Director shall notify the owner of record of the property that a complaint has been registered, within ten (10) calendar days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty (30) days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps (if any) that have been requested of the owner of record to remedy the situation. K. Violations Considered an Infraction. Violations of this Article shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) of this Chapter and/or Municipal Code Chapter 31 (Enforcement of Code). L. Violations--Additional Remedies--Injunctions. As an additional remedy, the existence and/or maintenance of any bee-keeping or chicken-keeping in violation of any provisions of this Article shall be cause for hearing and revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31 [Enforcement of Code]), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. M. Appeals. Any person aggrieved by any decision involving the approval, denial, or revocation of a bee-keeping or chicken-keeping permit may appeal such decision to the Planning Commission, whose decision shall be final. Standards for Chicken-keeping (DRAFT) [To be adopted by Resolution of the Town Council] The chicken-keeping use must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, or RPD zone. 2. Property owner permission for the chicken-keeping use must be secured through an application form signed by the property owner (or authorized agent) or through a separate letter of authorization. 3. Maximum number of chickens allowed to be kept per single family dwelling: a. On lots less than or equal to 10,000 square feet in area: Up to four (4) hens; b. On lots greater than 10,000 square feet: Up to eight (8) hens. 4. All chickens must be hens and must be kept for non-commercial purposes only. 5. Roosters, turkeys, ducks, geese, quail, guinea fowl or peafowl are not permitted. 6. All chickens shall be confined in a secure coop, cage, or other enclosure at all times. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. 7. A chicken enclosure shall not exceed 100 square feet in area or six (6) feet in height and shall comply with minimum setback requirements and lot coverage limits for the zone or planned residential development in which it is located. In no event shall any chicken enclosure be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the chicken enclosure is not an accessory use. 8. No hens shall be slaughtered on the property. Standards for Bee-keeping (DRAFT) [To be adopted by Resolution of the Town Council] 1. The bee-keeping use shall be limited to Apis mellifera (honey bees) only and must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, or RPD zone. 2. Property owner permission for the bee-keeping use must be secured through an application form signed by the property owner or authorized agent, or through a separate letter of authorization submitted by the property owner or authorized agent. 3. Maximum number of bee colonies (hives) per single family dwelling: a. On lots less than or equal to 10,000 square feet: Two (2) colonies. b. On lots greater than 10,000 square feet: Four (4) colonies. 4. All bee colonies must be kept for non-commercial purposes only. 5. Any bee hive box (colony) shall comply with minimum setback requirements for the zone or planned residential development in which it is located. Bee hive boxes shall not count toward lot coverage. In no event shall any bee hive box shall be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the hive is not an accessory use. All hive entrances shall face away from, or parallel to, the nearest property line(s). 6. A convenient and adequate source of water shall be available to the bee colony(s) at all times. 7. All bee colonies shall be kept in hives capable of inspection and consisting of moveable frames and combs. Hives must be kept in sound and usable condition at all times. 8. A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation shall be installed between the bee hive colony(s) and an abutting parcel. Option "A" Chickens & Bees DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) AND MUNICIPAL CODE TITLE VI, CHAPTER 20 (ANIMALS) WITH RESPECT TO CHICKEN AND HONEY BEE-KEEPING REGULATIONS AND MISCELLANEOUS OTHER AMENDMENTS SECTION 1. FINDINGS. A. On June 13, 2012, the Planning Commission adopted Resolution No. 2012-11 recommending to the Town Council that text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on , 2012 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. (A) Section 16-40.070, entitled "Chickens and Honey Bees", is added to Title IV, Chapter 16, Article IV of the Tiburon Municipal Code to read as follows: 16-40.070. Chickens and Honey Bees This section provides for establishment and reasonable regulation of bee-keeping and/or chicken-keeping as an accessory use to a single-family dwelling in certain residential zones while ensuring the public health, safety and welfare. Tiburon Town Council Ordinance No. XXX N.S. Effective 4-42012 D wNRIBIT PTO..; A. Permit Required. It is unlawful to keep, possess, or maintain chickens or honey bee hives on any lot or parcel of land located in the Town unless a permit has first been approved by the Director of Community Development. B. Application and Fee. Application for a bee-keeping permit or for a chicken- keeping permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate fee. C. Director of Community Development as Review Authority. Applications for bee-keeping and/or chicken-keeping permit shall be acted upon by the Director as a ministerial permit without notice, discretionary review, or a public hearing. D. Grant of Bee-keeping or Chicken-keeping Permit; Standards for Review. In order to grant a bee-keeping or chicken-keeping permit, the Director shall find that the use would comply with all of the standards set forth in the Standards for Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, as adopted by Resolution of the Town Council. E. Trailing Permits. Any required Site Plan and Architectural Review and/or Building Permits associated with a bee-keeping or chicken-keeping use shall be obtained prior to commencement of the use. F. Approved Conditional Use Permits Still Valid. Any bee-keeping or chicken- keeping use with an approved Conditional Use Permit in existence prior to [insert effective date of this Ordinance] shall be a legal, non-conforming use, provided that it shall continue to comply with all conditions of its permit approval. G. Expiration by Limitation. A bee-keeping or chicken-keeping permit issued in compliance with this Section shall expire and become null and void two (2) years after issuance if the use has never commenced. H. Revocation. Upon written notice to the holder of a bee-keeping or chicken- keeping permit, and a hearing before the Director, the Director may revoke or modify any such permit, on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant and that false information had a material bearing on the granting of the permit. 2. That the permit granted is being or recently has been exercised contrary to the Town's adopted Standards for Bee-keeping or the Standards for Chicken-keeping, whichever is applicable, or in violation of any statute, ordinance, law or regulation. 3. That the bee-keeping or chicken-keeping use has been abandoned for a continuous period of at least two (2) years. 4. That the use is declared by the Town to constitute a public nuisance in accordance with Chapter 31 of the Tiburon Municipal Code. Tiburon Town Council Ordinance No. XXX N.S. Effective -442012 2 I. Periodic Update. The Director shall maintain a record of all approved bee- keeping and chicken-keeping permits and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury . that the use is in compliance with the Town's adopted Standards under which it was granted or with all conditions of approval if the use was authorized by a Conditional Use Permit. J. Reporting of Violations. All reporting of bee-keeping or chicken-keeping permit violations shall be in writing, supported by substantial evidence, and directed to the Director. The Director shall notify the owner of record of the property that a complaint has been registered, within ten (10) business days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty (30) days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps (if any) that have been requested of the owner of record to remedy the violation should such be found to exist. K. Violations Considered an Infraction. Violations of this Section, and violations of Standards adopted pursuant to this Section, shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) of this Chapter and/or Municipal Code Chapter 31 (Enforcement of Code). L. Violations--Additional Remedies--Injunctions. As an additional remedy, the existence and/or maintenance of any bee-keeping or chicken-keeping use in violation of any provisions of this Section, applicable Standards, or conditions of approval shall be cause for hearing and revocation and may be deemed and may be declared to be a public nuisance and may be deemed subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31), and/or restrained and enj oined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. M. Appeals. An applicant aggrieved by the Director's decision involving the approval, denial, or revocation of a bee-keeping or chicken-keeping permit may appeal such decision to the Planning Commission, pursuant to Section 16- 66.020(A), within ten (10) days of the decision. The decision of the Planning Commission on appeal shall be final. (B) Title IV, Chapter 16, Article X (Definitions) is amended as follows: (1) The definition of "Agriculture" is amended to read as follows: Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 3 Agriculture. The keeping of livestock; the breeding and raising of bees, fish, poultry or other fowl; the planting, raising, harvesting or producing of agricultural, aquacultural, horticultural, or forestry crops; or similar activity; excluding a household garden and a private, non-commercial vineyard less than one-quarter acre in area. For the purposes of this Chapter, except where specifically exempted, the interpretation of what constitutes "agriculture" is intended to be broadly applied and widely-encompassing. (2) The following definitions are added to read as follows: Aviary. Any outdoor cage or enclosure where birds are kept or maintained. Bee. A honey producing insect of the species Apis mellifera, including all life stages of such insect. Chicken run. The outside area of a coop that is enclosed to provide adequate space for chickens to exercise. Colony. The social community of bees that includes the queen bee, worker bees (female) and drones (male). Coop. A house or cage in which a chicken lives. Hen. A mature female chicken. Hive. Any receptacle or container, or part of any receptacle or container, which is inhabited by a live colony of bees. Livestock. All domestic or domesticated bovine (cattle type), equine (horse type), ovine (sheep type), porcine (pig type), corvine (deer type), caprine (goat type), or ratite (ostrich type) animals. (C) Title IV, Chapter 16, Article II, Section 16-21.0309 Table 2-1 is amended as follows: (1) The line item for Agriculture shall have added after the word Agriculture including Aviaries (5)". (2) The Notes at the bottom of page one of Table 2-1 shall have added "(5) Except for chicken- and bee-keeping as set forth in Section 16-40.070." (D) Title VI, Chapter 20 (Animals) of the Municipal Code is amended as follows: (1) Section 20-1.003 is amended to read as follows: 20-1.003. Use Permit Required---poultry. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 4 The keeping of poultry shall require a conditional use permit pursuant to Title IV, Chapter 16 of the Code, except as may otherwise be provided therein for the keeping of chickens. (2) Sections 20-2.050, 20-2.060, 20-2.070, 20-2.080, 20-2.150, 20-2.179(d), 20- 2.181(e)(15), 20-2.195, 20-2.220, 20-2.230(a), 20-2.240, 20-2.245 shall be amended such that all references to the "Board of Supervisors" are changed to "Town Council". (3) Section 20-2.181(e)(16)(A) is amended to read as follows: (A) The owner/guardian of a dog determined to be vicious shall, if it is not subject to destruction, in addition to the regular licensing fee, pay to the animal control agency an annual fee, as may be established by resolution of the Town Council, to provide for the increased costs of maintaining the records of the dog. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Standards for Chicken-keeping (To be adopted by Resolution of the Council) 1. The chicken-keeping use must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the chicken-keeping use must be secured through an application form signed by the property owner (or authorized agent) or through a separate letter of authorization. 3. Maximum number of chickens allowed to be kept per single family dwelling: a. On lots less than or equal to ten thousand (10,000) square feet in lot area: Up to four (4) hens; b. On lots greater than ten thousand (10,000) square feet in lot area: Up to eight (8) hens. 4. All chickens must be hens and must be kept for non-commercial purposes only. 5. Chicken-keeping permits are intended exclusively for the keeping of chicken hens and are not applicable or transferable to other fowl, including but not limited to roosters, ostriches, turkeys, ducks, geese, quail, pigeons, guinea fowl or peafowl. Chicken- keeping permits are not applicable to canaries, parrots, or other traditional indoor avian pets. 6. Permit holders shall operate and maintain the chicken-keeping use in accordance with recognized best management practices that provide safe and healthy living conditions for the chickens while avoiding nuisance impacts on surrounding properties and persons. 7. All chickens shall be confined in a secure enclosure at all times. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. Chicken feed shall be contained such that it does not attract rodents. 8. A chicken coop/cage shall not exceed one hundred (100) square feet in area and six (6) feet in height and shall be located within a rear yard setback and shall comply with the lot coverage limits for the zone or planned residential development in which it is located. 9. In no event shall any chicken enclosure be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the chicken enclosure is not an accessory use. 10. No chicken shall be slaughtered on the property. Standards for Bee-keeping 1. The bee-keeping use shall be limited to Apis mellifera (honey bees) only and must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the bee-keeping use must be secured through an application form signed by the property owner or authorized agent, or through a separate letter of authorization submitted by the property owner or authorized agent. 3. Maximum number of bee colonies (hives) per single family dwelling: a. On lots less than or equal to ten thousand (10,000) square feet: Two (2) colonies. b. On lots greater than ten thousand (10,000) square feet: Four (4) colonies. 4. All bee colonies must be used for non-commercial purposes only. 5. Permit holders shall operate and maintain the bee-keeping use in accordance with recognized best management practices that provide safe and healthy living conditions for the bees while avoiding nuisance impacts on surrounding properties and persons and protecting the public health, safety and welfare. 6. A convenient and adequate source of water shall be available to a bee colony at all times. 7. All bee colonies shall be maintained in hives capable of inspection to determine compliance with these standards, and shall consist of moveable frames and combs. Hives must be maintained in sound and usable condition at all times. 8. Any bee hive box (colony) shall be located within a rear yard setback in traditional zones (R-1, R-1-B, RO, R-2) or within a rear setback or rear portion of a building envelope for a planned residential development (RPD). Bee hive boxes shall not count toward lot coverage. 9. In no event shall any bee hive box shall be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the hive is not an accessory use. 10. A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation, shall be installed and maintained between the bee hive colony(s) and all abutting developed or developable parcels where the bee hive colony is located within ten (10) feet of an abutting parcel property line. 11. All hive entrances shall face away from the nearest property line(s). Option "B" Chickens Only DRAFT ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) AND MUNICIPAL CODE TITLE VI, CHAPTER 20 (ANIMALS) WITH RESPECT TO CHICKEN AND HONEY B KEEPING REGULATIONS AND MISCELLANEOUS OTHER AMENDMENTS SECTION 1. FINDINGS. A. On , 2012, the Planning Commission adopted Resolution No. 2012- XX recommending to the Town Council that text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on , 2012 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15304 and 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. (A) Section 16-40.070, entitled "Chickens and Hone), Bees", is added to Title IV, Chapter 16, Article IV of the Tiburon Municipal Code to read as follows: 16-40.070. Chickens and Honey Bees This section provides for establishment and reasonable regulation of beae J'Eeepi„g and or chicken-keeping as an accessory use to a single-family dwelling in certain residential zones while ensuring the public health, safety and welfare. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 WXH1131T Nn_ 5 A. Permit Required. It is unlawful to keep, possess, or maintain chickens ef4eney °e hiv on any lot or parcel of land located in the Town unless a permit has first been approved by the Director of Community Development. B. Application and Fee. Application for a bee-k e pi it of fof chicken- keeping permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate fee. C. Director of Community Development as Review Authority. Applications for bee keeping any a chicken-keeping permit shall be acted upon by the Director as a ministerial permit without notice, discretionary review, or a public hearing. D. Grant of keeping o Chicken-keeping Permit; Standards for Review. In order to grant a bee ' emeppi `Y °r chicken-keeping permit, the Director shall find that the use would comply with all of the standards set forth in the Standards for Bee ke g -r he Standards for Chicken-keeping, iche~ef is applieable, as adopted by Resolution of the Town Council. E. Trailing Permits. Any required Site Plan and Architectural Review and/or Building Permits associated with a b keeping °r chicken-keeping use shall be obtained prior to commencement of the use. F. Approved Conditional Use Permits Still Valid. Any bee keeping ^chicken- keeping use with an approved Conditional Use Permit in existence prior to [insert effective date of this Ordinance] shall be a legal, non-conforming use, provided that it shall continue to comply with all conditions of its permit approval. G. Expiration by Limitation. A h°° of chicken-keeping permit issued in compliance with this Section shall expire and become null and void two (2) years after issuance if the use has never commenced. H. Revocation. Upon written notice to the holder of a bee keeping °r chicken- keeping permit, and a hearing before the Director, the Director may revoke or modify any such permit, on any one or more of the following grounds: 1. That the approval was based on false information submitted by the applicant and that false information had a material bearing on the granting of the permit. 2. That the permit granted is being or recently has been exercised contrary to the Town's adopted Standards for- Bee keeping the Standards for Chicken-keeping, w.. =ef is appheable, or in violation of any statute, ordinance, law or regulation. 3. That the b<°° '-°°„irg er chicken-keeping use has been abandoned for a continuous period of at least two (2) years. 4. That the use is declared by the Town to constitute a public nuisance in accordance with Chapter 31 of the Tiburon Municipal Code. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 2 I. Periodic Update. The Director shall maintain a record of all approved bee- keeping chicken-keeping permits and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury- that the use is in compliance with the Town's adopted Standards under which it was granted or with all conditions of approval if the use was authorized by a Conditional Use Permit. J. Reporting of Violations. All reporting of bee keeping e chicken-keeping permit violations shall be in writing, supported by substantial evidence, and directed to the Director. The Director shall notify the owner of record of the property that a complaint has been registered, within ten (10) business days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty (30) days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps (if any) that have been requested of the owner of record to remedy the violation should such be found to exist. K. Violations Considered an Infraction. Violations of this Section, and violations of Standards adopted pursuant to this Section, shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) of this Chapter and/or Municipal Code Chapter 31 (Enforcement of Code). L. Violations--Additional Remedies--Injunctions. As an additional remedy, the existence and/or maintenance of any bee keeping -er chicken-keeping use in violation of any provisions of this Section, applicable Standards, or conditions of approval shall be cause for hearing and revocation and may be deemed and may be declared to be a public nuisance and may be subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. M. Appeals. An applicant aggrieved by the Director's decision involving the approval, denial, or revocation of a be keeping chicken-keeping permit may appeal such decision to the Planning Commission, pursuant to Section 16- 66.020(A), within ten (10) days of the decision. The decision of the Planning Commission on appeal shall be final. (B) Title IV, Chapter 16, Article X (Definitions) is amended as follows: (1) The definition of "Agriculture" is amended to read as follows: Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 Agriculture. The keeping of livestock; the breeding and raising of bees, fish, poultry or other fowl; the planting, raising, harvesting or producing of agricultural, aquacultural, horticultural, or forestry crops; or similar activity; excluding a household garden and a private, non-commercial vineyard less than one-quarter acre in area. For the purposes of this Chapter, except where specifically exempted, the interpretation of what constitutes "agriculture" is intended to be broadly applied and widely-encompassing. (2) The following definitions are added to read as follows: Aviary. Any outdoor cage or enclosure where birds are kept or maintained. Bee. A honey producing insect of the species Apis mellifera, including all life stages of such insect. Chicken run. The outside area of a coop that is enclosed to provide adequate space for chickens to exercise. Colony. The social community of bees that includes the queen bee, worker bees (female) and drones (male). Coop. A house or cage in which a chicken lives. Hen. A mature female chicken. Hive. Any receptacle or container, or part of any receptacle or container, which is inhabited by a live colony of bees. Livestock. All domestic or domesticated bovine (cattle type), equine (horse type), ovine (sheep type), porcine (pig type), corvine (deer type), caprine (goat type), or ratite (ostrich type) animals. (C) Title IV, Chapter 16, Article lI, Section 16-21.030, Table 2-1 is amended as follows: (1) The line item for Agriculture shall have added after the word Agriculture including Aviaries (5)". (2) The Notes at the bottom of page one of Table 2-1 shall have added "(5) Except for chicken- wee-keeping as set forth in Section 16-40.070." (D) Title VI, Chapter 20 (Animals) of the Municipal Code is amended as follows: (1) Section 20-1.003 is amended to read as follows: 20-1.003. Use Permit Required---poultry, bees. Tiburon Town Council Ordinance No. XXX N.S. Effective 442012 4 The keeping of poultry and bees shall require a conditional use permit pursuant to Title IV, Chapter 16 of the Code, except as may otherwise be provided therein for the keeping of chickens. (2) Sections 20-2.050, 20-2.060, 20-2.070, 20-2.080, 20-2.150, 20-2.179(d), 20- 2.181(e)(15), 20-2.195, 20-2.220, 20-2.230(a), 20-2.240, 20-2.245 shall be amended such that all references to the "Board of Supervisors" are changed to "Town Council". (3) Section 20-2.181(e)(16)(A) is amended to read as follows: (A) The owner/guardian of a dog determined to be vicious shall, if it is not subject to destruction, in addition to the regular licensing fee, pay to the animal control agency an annual fee, as may be established by resolution of the Town Council, to provide for the increased costs of maintaining the records of the dog. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 2012, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of , 20125 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Standards for Chicken-keeping (To be adopted by Resolution of the Council) 1. The chicken-keeping use must be an accessory use to a single family dwelling located in the R-1, R-1-B, RO, R-2 or RPD zone. 2. Property owner permission for the chicken-keeping use must be secured through an application form signed by the property owner (or authorized agent) or through a separate letter of authorization. 3. Maximum number of chickens allowed to be kept per single family dwelling: a. On lots less than or equal to ten thousand (10,000) square feet in lot area: Up to four (4) hens; b. On lots greater than ten thousand (10,000) square feet in lot area: Up to eight (8) hens. 4. All chickens must be hens and must be kept for non-commercial purposes only. 5. Chicken-keeping permits are intended exclusively for the keeping of chicken hens and are not applicable or transferable to other fowl, including but not limited to roosters, ostriches, turkeys, ducks, geese, quail, pigeons, guinea fowl or peafowl. Chicken- keeping permits are not applicable to canaries, parrots, or other traditional indoor avian pets. 6. Permit holders shall operate and maintain the chicken-keeping use in accordance with recognized best management practices that provide safe and healthy living conditions for the chickens while avoiding nuisance impacts on surrounding properties and persons. 7. All chickens shall be confined in a secure enclosure at all times. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. Chicken feed shall be contained such that it does not attract rodents. 8. A chicken coop/cage shall not exceed one hundred (100) square feet in area and six (6) feet in height and shall be located within a rear yard setback and shall comply with the lot coverage limits for the zone or planned residential development in which it is located. 9. In no event shall any chicken enclosure be located less than five (5) feet from any property line or less than twenty-five (25) feet from any dwelling unit to which the chicken enclosure is not an accessory use. 10. No chicken shall be slaughtered on the property. The bee ke shall be limited t A i llife h b l A aceesser- use to a sin le famil dwelli o p s fne r-a ( oney 1 D th ees) o 1 T2 D n y and must be UDTI Ol p o y g y zone. 2. Pr-opefty owner- pe for- the bee ng - u e se must be see ured th r 2 f ough an let4ef of authoriza4ion submitted IL-J-, Ow 3. M-aximum number- of bee eolonies (hi p-opefty ves) per- sin ownef or- autho gle family dw rized ellin-g-t- f agent. b On lots feater- than ten th d 10 000 f eet. Two (2) . . g ousa 4. All bee eolonies must be used fef non 5 Pefmit holders shall o eFate and i t n ( , eeimmer-ei i th b ) square eet: al pufposes onl k i Four- ( y 4) eelonies, . p ma n reeognized best mana ement r-aetiees a n e ee th t i eep d gl m d h aeeo l h li r-danee with i g p the bees while avoidin a prov e. - i A - ea di t y i v ng eonditions fe g prow r • ,al th.ia =blie health, safety and A . 6 nt and ade uate sour-ee of n sur+ welfare. t h ll eun- ng pr-ope b il bl ft es a b nd pefsons and. l , - . q w 7. All bee eelonies shall be maintained in eomplianee with these standafds and s a er- s a hives eap hall i e ava a e to able of inspeeti t f bl ee a on to f eo on) at all times. deter-mine d , I maintained in sound and usabl eons s e eonditio o movea e n at all times, fames an eembs. Hives 8 Any bee hive b ox (colon ) shall be lo t d ithi d b k i . y ea e w n a feaf y af set ae n tfaditional zones a planned fesid ential develo ment (RPD) B hi b h ll eovefage, 9 in no event sha p . ee ve oxes ll an , bee hive box sh ll b l t d l h s a not eount towafd lot fi f . propeft line o ) a e oea e ess t a f less than twent five (25) f t f d n ve (5) eet. ffom any lli i hi h y not an aeeesser 10 A fl wa baffi y ee Fem any -y use. er- at least six (6) feet i h i a h A i i we ng un t to w e the hi f lid ll f . y y vegetation sha fi e 5 L eens st n.9 o ll be installed and maintai d b t th b a so wa enee of dense , hi l , abutting develo ne e ween e ed or- develo able ar-eel h th b h ee ve eo ony(s) and all i M i l d 0) feet of an W. All hive entfan p p p s w ere e ee abutting par-eel pfopefty line, ees shall faee away from the nearest pr-opet4 ve any s oeate within ten y line(s).