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HomeMy WebLinkAboutTC Agd Pkt 2012-10-17TOWN OF TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard. October 17, 2012 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. Closed Session - 6:00 p.m. Interview - 7:15 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (6:00 p.m.) PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager INTERVIEWS - (7:15 p.m.) Jt. Recreation Committee - One Vacancy • Nuria Ibars CALL TO ORDER AND ROLL CALL Councilmember Doyle, Councilmember Collins, Councilmember Fredericks, Vice Mayor O'Donnell, Mayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of October 3, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Storm Drain Maintenance - Authorize award of contract to Roto-Rooter for annual storm drain work (Director of Public Works/Town Engineer Nguyen) ACTION ITEMS 1. Appointments to Boards, Commissions &t Committees - Consider appointments to fill vacancies on joint Recreation Committee and Heritage & Arts Commission (Town Clerk Crane Iacopi) 2. Measure A Sales Tax Increase for Parks, Open Space and Farmland - Consider recommendation of 2012 Legislative Action Committee (Councilmembers Collins and Fredericks) to approve resolution in support of Marin County Measure A (Town Manager Curran) PUBLIC HEARINGS 1. Cypress Hollow Precise Development Plan Amendment - Consider application to amend the Cypress Hollow Precise Development Plan to increase the maximum floor area at 110 Rancho Drive (Planning Manager Watrous) Applicant: John-Peter Curcio Address: 110 Rancho Drive AP No. 034-393-01 2. Amendment to Chapter 13D of the Town Code - Introduction and first reading of an ordinance amending Title IV, Chapter 13D regarding Flood Damage Prevention (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest - October 5, 2012 • Town Council Weekly Digest - October 11, 2012 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, 1A71ATN;v.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. CC-- / TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser calle e regu a ting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday October 3, 2012; ' Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS None. CONSENT CALENDAR Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Building Official Lustenberger, Town Clerk Crane Iacopi 1. Town Council Minutes - Adopt minutes of September 5,220-12 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt minutes of September 19, 2012 regular meeting (Town Clerk Crane Iacopi) 3. Town Investment Summary - Accept report for period ending August 31, 2012 (Director of Administrative Services Bigall) 4. Biennial Update of Town Conflict of Interest Code - Adopt resolution updating Town's Conflict of Interest Code to reflect changes in state law (Town Attorney Danforth/Town Clerk Crane Iacopi) 5. Lyford Drive Parking Lot Project - Authorize Town Manager to negotiate and execute easements for PG&E electrical infrastructure associated with the Lyford Drive Parking Lot Project (Town Attorney Danforth/Town Engineer Nguyen) Mayor Fraser asked to remove Item No. 4 for discussion. Council concurred. DRAFT Town Council Minutes #xx -2012 October 3, 2012 Page I Vice Mayor O'Donnell made a correction to the September 19 minutes, page 10. He said that he was in fact in favor of the [existing] angled parking downtown (and at the new Lyford Drive lot) but not the angled parking along Tiburon Boulevard as proposed by the consultant. The Town Clerk said she would correct his statement in the minutes. MOTION: To adopt Consent Calendar Item Nos. 1, 2, 3, and 5, as amended. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous ABSTAIN: Collins, Item No. I (September 5 minutes) Fredericks, Item No. 2 (September 19 minutes) 4. Biennial Update of Town Conflict of Interest Code - Adopt resolution updating Town's Conflict of Interest Code to reflect changes in state law (Town Attorney Danforth/Town Clerk Crane Iacopi) Mayor Fraser asked several questions about disclosure categories and boards that are covered by the Town's Conflict of Interest Code. He asked what triggered the change in the disclosure category for Heritage & Arts Commission since the last review by the Council. He also noted the addition of the Building Code Appeals Board to the list of required filers. Town Attorney Danforth said that all Town board and commission members who participate in the making of local government decisions are covered by the Town's Conflict of Interest resolution. She said that during the recent review of the Code, she and the Town Clerk had discussed the appropriate filing requirements of the Heritage & Arts. She said their recommendation was to make narrow the filing requirement for the Commission; that the previous disclosure requirements had been unnecessarily broad relative to the scope of duties performed by the Commission. The Mayor asked whether the Joint Recreation Committee and Library Agency Board were also covered under the Town's Conflict of Interest Code. He said that he had not been asked to file a Form 700 after his recent appointment to the Joint Recreation Committee as a voting member. Town Attorney Danforth said that the above entities were separate agencies (formed through joint powers agreements). She said she would look into what their filing requirements were. Mayor Fraser noted that decisions made by both agencies affected the town and that it would be useful to know what the filing requirements were. . Town Clerk Crane Iacopi said that she was aware that a conflict of interest code existed for the Joint Recreation Committee. She said she also believed that the City of Belvedere had accepted the Form 700s for the Library Agency, at least initially when the agency was formed. She said it was her understanding that the Library Board Clerk was now the local filing official for the agency. DRAFT Town Council Minutes #xx -2012 October 3, 2012 Page 2 Town staff agreed to follow up on the questions raised by Mayor Fraser. MOTION: To adopt Consent Calendar Item No. 4 (resolution). Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous ACTION ITEMS 1. Residential Building Report (RBR) Update - Receive update on the County-wide review of the RBR process for possible standardization/modification (Community Development Director Anderson and Building Official Lustenberger) Director Anderson gave the report. He said the purpose of tonight's report was to bring the Council up to speed on the progress that was being made on direction from the Council to look into standardization of Residential Building Reports throughout the County. Anderson said the Town was pursuing two tracks-a review of its own internal measures as well as a collaboration with the other cities in Marin. He reported on the current status of the RBR process review as follows: ➢ The Tiburon Building Division has begun taking steps to develop and implement process improvements and procedural changes intended to streamline and standardize the Town's RBR process. Progress so far includes work on developing a revised report and inspection form, ongoing collaboration with other Marin County jurisdictions in developing and, hopefully, adopting county-wide standardized inspection processes and standards, and developing ways to integrate both of these efforts in such a way as to make the Town's RBR program more efficient, user-friendly, and customer-oriented. ➢ Among those steps is the preparation of a pre-printed checklist format, wherein the most common life-safety deficiency items usually observed at the site inspections can be 'checked off' on the form at the first inspection, with the results immediately available to the applicant, thereby eliminating the up to ten-day waiting period for the results of the inspection in most instances. The form will also have space for the inspector to include any high-concern life-safety item that is not one of the standard checklist items, and for the identification of potentially un-permitted work, which will require up to a three- working-day time period for records research and investigation. The goal of this proposed checklist format is to significantly reduce the turnaround time for RBR reports, reduce Building Division staff time spent on generating theirs, allow for greater transparency regarding the types of compliance items that will be of concern with the RBR process, and enhance the consistency and uniformity of the process as a whole. ➢ On a parallel track, the Tiburon Building Official is part of a Marin County Codes Advisory Board sub-committee assigned the task of improving the RBR process county- wide. The group is currently working on a draft response to address the concerns DRAFT Town Council Minutes #xx -2012 October 3, 2012 Page 3 contained in the MAR letter of July 12, 2012. These concerns that were raised include this group's perception of the level of (or lack of) consistency, double jeopardy, transparency, timeliness, and fees associated with the RBR process across the county. While some of these concerns are state mandates and beyond the ability of local jurisdictions to control, many are legitimate concerns, and the sub-committee is now engaged in ongoing collaborative efforts to address them by developing achievable and realistic recommendations to forward to decision-makers in our respective jurisdictions. ➢ The Marin Managers Association is continuing to discuss and coordinate this effort among the 11 cities that perform RBRs in Marin County. Director Anderson said that staff will report to the Town Council on a proposed response to MAR in the near future, and intends to continue with the broader process outlined above. He said he believes that real progress is being made toward a more standardized approach to RBRs in the County that will simplify and speed the process while still protecting the public interest. The Director recommended that the Town Council receive the report and, if necessary, provide any additional direction to staff regarding the RBR regulations and/or process. Councilmember Collins said his understanding was that several cities within the County do not require RBRs. Director Anderson said that all cities did some form of RBR, whether it was simply a records search or physical inspection, or both. He said that nine cities did both, and two cities performed only a records search. Councilmember Collins asked the broader question of why RBRs were performed. Anderson said that the purpose was to find any unpermitted work or life-safety deficiencies and correct them. Collins asked if this was the only time such an inspection could take place; Anderson said it was the logical time to do it. He indicated that other inspections involve only the work that is the subject of the permit and usually involve only a portion of the dwelling and could not substitute for an RBR inspection. Councilmember Collins asked whether RBRs were mandated by state law, or whether they were voluntary on the part of each community. Anderson replied that RBRs are not required by state law. Town Manager Curran commented that there is no other juncture at which the Town would normally enter a home; she said that the RBR inspection was generally the Town's only opportunity to discover unpermitted work. She said the community had continued its policy of performing these discretionary inspections over a 40-year period. The result, according to the Town Manager, was a housing stock that was safer and complied with necessary Building Codes. Councilmember Collins asked whether "life-safety" was a term of art or whether it had any relationship to the Health and Safety Code. Building Official Lustenberger said that "life-safety" was Building Code vernacular and referred to a deficiency that might lead to an unsafe condition or the loss of life, such as the absence of a hand rail, incorrect electrical work, and the like. He DRAFT Town Council Minutes #xx -2012 October 3, 2012 Page 4 noted that many building code provision are aimed at protection of property (e.g. window flashing), but that "life-safety" items protect people from possible injury or loss of life. Mayor Fraser asked whether there was standardization of "life-safety" items between cities. Lustenberger said that Novato had a checklist that contained many of the items or were identical to the life-safety issues reviewed by Town staff. He said the difference was that the Town's reports were handwritten and laborious and most items could be covered using a checklist. Vice Mayor O'Donnell asked whether RBRs would then be limited to the items on the checklist or whether Town staff would expand upon this list. Lustenberger said that a checklist would be sufficient if the Town were able to provide a homeowner with back-up information in the form of technical bulletins and the like [to inform them on how to correct the deficiencies]. He noted that the RBR fonm would need to have a separate section for un-permitted work, and a separate section for any life-safety items that are occasionally found at a site, but not frequently enough to be included in the standardized checklist. Lustenberger explained how the process would work: He used an example of an inspection performed where two life-safety items were called out-the lack of a guardrail and a severely rotted underpinning of the house. He said that generalized examples of how to correct these issues would be given to the homeowner. If there was illegal work suspected, Town staff would have three business days to re-check the permit records to confirm whether the work conformed to permits. He also used an example of illegal work such as the discovery of a door from a bedroom leading directly into a garage. Lustenberger said this was an example of a violation of the Building Code that would need to be corrected under any circumstances. Vice Mayor O'Donnell asked what if staff discovered [illegal] work that consisted only of an expansion of a house within its Floor Area Ratio (FAR). The Building Official said that the Town's position was that we don't want the buyer to unknowingly get stuck with this and that it is the current owner's responsibility to obtain a permit and legalize the work. He said that to legalize these kinds of expansions could be done fairly painlessly. Mayor Fraser said that in his professional experience as a realtor he had done business in every community in Marin. He said that he had also experienced differences in inspections within the same community. He also gave an example of a remodeled house where a permit for window installation had been approved and the inspection signed off, he asked how the Town could then ask for a change to the windows after the fact. Building Official Lustenberger said that Town staff had to look at when the windows were installed and whether non-tempered glass was used, as was the practice pre-1980. In most cases, he said that property owners could simply add a kind of glazing to bring the windows up to Code; he said that staff would inform them of this less costly solution during the RBR process. Lustenberger added that if, during the records search it was discovered that the windows had been approved and inspected, Town staff would inform the property owner of the issue but not DRAFT Town Council Minutes #xx -2012 October 3, 2012 Page 5 require its correction. On the other hand, if the records search revealed that the windows were installed without a permit and inspection, the windows would be subject to the requirements of the current building codes. He said the overarching principle is that staff must look at the degree of danger and that if a dangerous condition exists, the Code must be applied. Mayor Fraser said that applying film [glaze] to windows was a new idea. He said that he had encountered at least two examples of divergent opinions, using this example, in the last couple of years. He also noted that part of Tiburon is in the County and part is within the Town limits, so literally houses could be side by side and produce different inspection results. He said this adds to the confusion. Mayor Fraser said that the County did not perform RBRs; he said that Corte Madera and Sausalito simply provided a permit history of the property to the prospective buyer. The Mayor said he thought the history of a property was a good thing to impart to interested parties and he wondered why a municipality would want to be more involved than that in the sale. Lustenberger replied to both questions. He commented there were differences in service levels at the town and county levels; he also said that cities that do not perform RBRs must develop other methodologies to address the issue of unpermitted work. For instance, Lustenberger said that in one city in the [south bay] Peninsula, category 2 inspections (water heaters, firewalls, sprinklers) would trigger a more expanded inspection of the dwelling. He also agreed that in large area counties, it was easier to get away with unpermitted work but that the penalties were often much harsher, up to 10 times the permit fees. He said these were the trade-offs for the ability to stop work and fill the void due to the lack of RBRs. He said that in his experience, neighbors want to be sure that homes in their areas are up to Code. Mayor Fraser applauded the efforts of staff to move forward with a standardized inspection process county-wide. But he said the Town's RBR process was rigorous and applied to an average of only 50 properties per year. The Mayor commented that there was redundancy because most buyers ordered expensive [private] inspections of their own. He also wondered whether the time and resources expended by the Town was worth the effort. Mayor Fraser said he would be inclined to leave it up to the due diligence of the buyer and seller to resolve any issues. Town Manager Curran commented that the Town's policy serves to protect the integrity of the housing stock overall. She noted the Town's policies for Design Review, for instance, went to great lengths to ensure zoning compliance; she said the Council spent considerable time reviewing appeals to make certain that homes fit into neighborhoods and conform to our requirements. She said that without this time of sale inspection, there would likely never be an opportunity for the Town to discover unpermitted work. She gave an example of an illegal garage conversion or creation of a second unit which, in addition to possible code and safety violations from uninspected work, could harm neighborhoods by externalizing parking onto adjacent streets. DRAFT Town Council Minutes #xx -2012 October 3, 2012 Page 6 Without these inspections, she said we would expect to see an increase in unpermitted work as people would have little fear of it coming to light, whereas knowing there will be a time of sale inspection serves as a powerful disincentive to this activity. Councilmember Fredericks asked which party bears the responsibility for Code infraction. She noted that the buyer and seller would still be free to negotiate who does what in the sale of a property. Councilmember Collins said that market forces sometimes shorten the time of sale. He said that not every escrow is 120 days and that to the extent that a municipality becomes involved in the transaction, it changes the game. He asked whether there was some sort of alternative, such as doing a mandatory inspection six months or a year after the sale. Vice Mayor O'Donnell said that sounded like a potential litigation nightmare [between buyer and seller] to do it after the fact. Town Manager Curran pointed out that one of the objectives of the RBR review was quicker turnaround time. She said that one idea that had been raised was whether to issue a report that was good for one year, as are the Town's RBRs. Curran said the Town was pushing for longer lasting RBR reports among the other cities, and that in some other cities reports were good for a month or two. She noted that RBRs need not hold up sales; it is up to the buyer and seller to work out the resolution of the issues disclosed through the RBR process either before or after a sale. Councilmember Collins asked whether the Town provided applicable Code sections on the report. Building Official Lustenberger said that the Code section was disclosed for each item on the report; he said that Town staff made itself available to review the section with and help the applicants. Lustenberger also said there was flexibility in application of the Town's RBR program. For instance, with the sale of a house that will result in a tear-down, the Building Official said that Town staff gives the buyer an indefinite amount of time, up to two years, to make the corrections if the house remains unoccupied. Mayor Fraser opened the matter to public comment. A representative from the Marin Association of Realtors said that he was just there to listen to the presentation. Mayor Fraser closed the matter to public comment. Town Manager Curran said that Town staff was trying to move forward as evidenced by the report. She noted, however, that there have been a few complaints about the RBR and building inspection process directed to the Council. Curran said that because customer service is valued by the Town and that because periodically seeking feedback is simply a good management practice, she planned to launch a survey with an outside firm of permittees who used any of the Town's permit-issuing processes over at least the last six months. She said the survey would be objective and anonymous. Curran said this was a good juncture at which to undertake such a survey; also, she felt that the feedback would be helpful to the organization. Vice Mayor O'Donnell said that he was very much in favor of standardization; he said that DRAFT Town Council Minutes #xx -2012 October 3, 2012 Page 7 government works best in an objective and fair and even-handed manner. O'Donnell said that evening the playing field would create a sense of fairness in the community and ameliorate the sense of one town versus another and one inspector versus another. He said he hoped that the realtors would continue to stay involved with the process, as well. Councilmember Collins agreed; he said he also liked the idea of a checklist RBR. He said that unpermitted work would have to be handled separately. Collins recommended that the Town add some sort of disclaimer to the RBR checklist that states the Town is not responsible for items not called out on the list. Vice Mayor O'Donnell said he favored both of these suggestions, as well. Building Official Lustenberger said that there was such verbiage in the Town [Municipal] Code and that it could be added to the RBR form itself. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - September 21, 2012 • Town Council Weekly Digest - September 28, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 8:20 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2012 October 3, 2012 Page 8 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Public Works Town Council Meeting October 17, 2012 Agenda Item: cc -4Z Recommendation to Award the 2012 Storm Drain Cleaning Maintenance Project to Roto-Rooter The Department of Public Works requested a bid quotation from Roto Rooter to clean storm drains as part of the annual storm drain cleaning program. Because this is a maintenance project and under $175,000, the Town is exempt from the competitive bid process. Last year, staff contacted seven (7) contractors and only Roto-Rooter submitted a bid and subsequently did excellent work. Public Works contacted Roto Rooter on September 25 to review this project and their bid was received on October 2. The bid from Roto Rooter is in the amount of $69,755. ANALYSIS This year's storm drain cleaning project's objective is to flush out 37 storm drains throughout various parts of Town covering over 4,250 linear feet. These lines have been determined through the Storm Drainage Master Plan as priority facilities requiring flushing and cleaning. The Engineer's Estimate was $76,878.00. If awarded staff anticipates a start day of approximately October 24 with work taking 20 working days to conclude on November 16. FINANCIAL IMPACT The budget for FY 2012-13 programs $100,000 for drainage capital improvement. Based on the bid of $69,755, funds are available to cover this work. RECOMMENDATION Staff recommends that the Town Council: Move to approve the award of a contract for the 2012 Storm Drain Cleaning Project to Roto-Rooter in the amount of $69,755. Prepared By: Matthew Swalberg, Engineering Technician TOWN OF TIBURON PAGE 1 OF 1 To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting October 17, 2012 Agenda Item: r--~ Appointment to fill vacancies on the Belvedere-Tiburon Joint Recreation Committee and the Tiburon Heritage & Arts Commission There are current vacancies on two Town Board, Commissions or Committees: One is an opening for a Tiburon representative on the Joint Recreation Committee (vacant since February 2012). Another vacancy is the result of Heritage & Arts Commissioner Jaleh Etemad stepping down and her subsequent appointment to the position of Tiburon Artist Laureate. The Town Clerk published a Special Vacancy Notice for both positions which was posted at the Belvedere- Tiburon Library and Town Hall, as well as the local newspaper. Joint Recreation Committee As noted above, there has been a vacancy on this commission since February, when incumbent Tina Warren chose to not apply for a second term. There has been a lot of activity related to the Joint Recreation Committee this year--the construction of the new Dairy Knoll Recreation Facility and the appointment of a Council representative as a voting member. Nevertheless, the Town advertised and received no applications to serve on the committee until just recently. The Council is scheduled to interview candidate Nuria Ibars this evening and will consider filling the vacancy on its agenda tonight. Heritage & Arts Commission The Town received two applications for the opening on the Heritage & Arts Commission. The Council interviewed Francella Hall at its September 5 meeting. The second applicant, Lee Erikson, withdrew her application prior to the September 5 meeting. The Council did not take any action at that meeting and staff brings back consideration of the remaining applicant for Council appointment this evening. No further applications have been received. RECOMMENDATION Staff recommends that the Town Council: y 1-7 1. Interview the candidate for the Joint Recreation Committee tonight and consider making an appointment to fill both vacancies (Joint Recreation Committee and Heritage & Arts Commission); or 2. Direct staff to continue the matter to a future agenda. Exhibits: Applications of Nuria Ibars and Francella Hall Prepared By: Diane Crane Iacopi, Town Clerk SEP 2 4 2012 1 1 TOWN OF TIBURON MMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest In serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience. which would be beneficial to the Town, by completing both sides of this form ,and returning it to Town-Hall. The application form can also be found on the Town's website, www. ci. diburon. ca. us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW ~JT. RECREATION COMMITTEE HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING 1 PERSONAL DATA r w . f>v (PLEASE.PRINT OR TYPE - A RESUME'`It%IAY BE ATTACHED AS WELL) NAME : _ _ MAILING ADDRESS: liii~~ TELEPHONE: Nome: - 1 Work:Rqb t4V~j Fax No, PROPERTY OWNERS' ASSOC. (If applicable) o~ l TIBURON RESIDENT: (Years) DATE SUBMITTED:-'~ R ASONS. :FOR SELEC G = ! YOUR AIMA aVF EVE . T Date Application Received: Appointed to : Date Term Expires: Interview Date: Length of Term: (Date) P fe4~ VrO~ SV5 1 V2 N ~4 W 01~rx 5W ~ M t-";4Wk 2 ______________________________________________TOVF'II Hall Use " 11~•~j TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE JUC 2D i APPLICATION row NM NAGER3 OF rO FtCE N~F~gU_: f RON The Town Council considers appointments to various Town commissions,. boards and committees throughout the year due to term expirations and unforeseen: vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest 'in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this formrand returning it to Town Mall. The application form can also be found on the Town's; website, www. ci. Tiburon. ca. us. r Copies of the application will be forwarded to the Town Council and ti an, informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. r, Thank you for your willingness to serve the Tiburon community. r„x r fAREAS OF INTEREST ` G„ Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAII5 DESIGN REVIEW JT. RECREATION COMMITTEE HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING PERSONAL DATA (PLEASE PRINT OR TYPE -'A RESUME MAY BE ATTACHED AS WELL) NAME: A,,-4A ~'/C L LL -F #-,,,-4 L L- l MAILING ADDRESS:. r2l,~tll~ TELEPHONE: Hoene: ork: Fax No. PROPERTY OVA NERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years' DATE SUBMITTED:, Date Application Received: 4-11-12-- Interview Date: Appointed to: Date Term Expires: 2 (Date) Length of Term: ----------------------------------------------Town Hall Use TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting October 17, 2012 Agenda Item: 4T, Recommendation of the 2012 Legislative Action Committee to Approve a Resolution in Support of Marin County Measure "A" Regarding Parks and Open Space The members of the Town's 2012 Legislative Action Committee, Councilmembers Fredericks and Collins, request that the Town Council consider adopting a resolution in support of Measure A, a 1/4 percent, 9-year local sales tax measure. Measure A is projected to generate $10 million annually for Marin County parks, open space preserves and to protect natural lands. More specifically: • 65% of the funds would be available to protect or restore natural resources and maintain existing county parks and open space preserves and to preserve natural lands; • 20% would be dedicated to a farmland preservation program to preserve family farms and ranches through conservation easements and similar methods; and • 15% would be available as grants to cities, towns and special districts to maintain, restore or renovate existing parks, open space preserves, recreation programs and vegetation to promote biodiversity and reduce wildfire risk, as well as to construct new parks and recreational facilities or acquire parklands. In the past, the Town has generally (but not always) limited its legislative or election endorsements to those measures that would directly affect the Town. Measure A would do that in providing funds for the enhancement of the extensive county open space on our peninsula and Paradise Beach Park as well as providing some direct funding for local parks and programming. LEGISLATIVE POLICY The Legislative Action Committee also recommends that a broader discussion on Town of Tiburon policy with regard to taking positions on matters before the electorate be placed on a future Town Council agenda. The Town is frequently asked to weigh in on county measures or state ballot propositions, many of which are of general rather than specific applicability to Tiburon. A policy setting forth criteria for local legislative action would be helpful in judging TOWN OF TIBURON PAGE 1 OF 2 whether such election questions, as they emerge, should be taken up by the Town Council. The purpose of having the discussion at a later time, and outside the context of this or any election, is to separate the over-arching policy consideration from its applicability with regard to any specific electoral measure. FINANCIAL IMPACT If the measure passes on November 6, 2012, consumers will be required to pay an additional one- quarter percent sales tax on applicable goods and services. There will be an undetermined positive impact on the Town's budget should it pass, as well as unspecified investments made in peninsula resources (County open space and parks). RECOMMENDATION Staff recommends that the Town Council: 1. Consider the recommendation of the 2012 Legislative Action Committee; 2. Approve, reject or modify the attached Resolution in Support of Measure A; and 3. Direct staff to place a discussion of legislative policy on an appropriate agenda prior to the next election cycle. Exhibits: 1. Resolution in Support of Measure A 2. Text of Measure A 3. Expenditure Plan (Exhibit A of County Ordinance No 3586, passed August 7, 2012, directing the administration of Measure A should it pass) 4. E-mail from Marin County Supervisor Kate Sears Prepared By: Peggy Curran, Town Manager C X r , ~-e C jV 4W LL)% Ze RESOLUTION NO. 2012-70 RESOLUTION OF THE BOARD OF SUPERVISORS CALLING FOR AN ELECTION TO SUBMIT ORDINANCE NO. 3586 FOR APPROVAL BY THE VOTERS IN MARIN COUNTY THAT IMPOSES AND COLLECTS A ONE-QUARTER OF ONE PERCENT TRANSACTIONS AND USE TAX FOR A NINE YEAR PERIOD FOR THE PURPOSE OF PROVIDING ESSENTIAL FUNDING TO PRESERVE AND MAINTAIN PARKS, OPEN SPACE, AND FARMLAND WHEREAS, pursuant to California Government Code Section 50075, et seq., Revenue and Taxation Code Section 7285.5, and in compliance with California Constitution Article XIIIC, the Board of Supervisors is authorized to establish and impose a transactions and use tax, if approved by the voters, upon retail transactions involving the sale and use of personal property; and WHEREAS, the transactions and use tax (sales tax), if approved, would be imposed on the sale of tangible personal property and the storage, use, or other consumption of such property. The tax rate would be one-quarter of one percent -(.25%) of the sales price of the property. The tax revenue would be collected by the State Board of Equalization and remitted to the County. The tax would be in effect for nine (9) years, and would then expire automatically, unless extended by the voters. The tax shall be approved if the measure receives approval by a two-thirds majority of the electors voting on the measure; and WHEREAS, the Marin County Board of Supervisors conducted the first reading of Ordinance No. 3586, known as the Marin Parks, Open Space, and Farmland Preservation Transactions and Use Tax Ordinance including the Final Parks, Open Space, and Farmland Preservation Expenditure Plan ("Expenditure Plan") as Exhibit A on July 25, 2012 and conducted the merit hearing on August 7, 2012; and NOW, THEREFORE, BE IT RESOLVED that Ordinance No. 3586, known as the Marin Parks, Open Space, and Farmland Preservation Transactions and Use Tax Ordinance including the Expenditure Plan as Exhibit A, be submitted to the voters in. Marin County in the general Election on November 6, 2012. The question submitted to the voters shall read substantially as follows: "To preserve quality of life and maintain open space, parks, and farmland, with funds, that cannot be taken by the State, shall Marin County: • Protect streams, baylands, natural areas, and wildlife habitat; • Manage vegetation to preserve biodiversity and reduce wildfire risk; • Repair and replace deteriorating park facilities; and • Maintain and enhance walking, hiking, biking and equestrian trails; by enacting a one- quarter cent sales tax, with a citizens' oversight committee, annual audits, with all funds spent only in Marin County." . BE IT FURTHER RESOLVED THAT pursuant to Elections Code 10400 et seq., the election for this measure shall be consolidated with the election to be conducted on November 6, 2012. BE IT FURTHER RESOLVED THAT pursuant to the provisions of Elections Code Section 1002, the Board of Supervisors authorizes and directs the Marin County Clerk/Registrar of Voters to render all services necessary for the conduct of the election. Resolution No. 2012-70 Page 1 of 2 BE IT FURTHER RESOLVED THAT the Registrar of Voters is hereby requested to publish the ballot question and entire Ordinance, including Exhibit A, in the voter information pamphlet; and BE IT FURTHER RESOLVED THAT the Marin County Counsel is hereby requested to prepare an impartial analysis of the Measure. BE IT FURTHER RESOLVED THAT the sales tax shall be deemed established and shall be in effect beginning with the 2012-2013 fiscal year upon certification of the election results evidencing approval by at least two-thirds of the electors voting on the measure. BE IT FURTHER RESOLVED THAT this resolution shall be liberally construed to achieve its purposes and preserve its validity. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution. The Board of Supervisors hereby declares that it would have passed this resolution and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this 7t" day of August, 2012, by the following vote: AYES: SUPERVISORS: Katie Rice, Susan L. Adams, Judy Arnold, Kathrin Sears, Steve Kinsey NOES: NONE ABSENT: NONE PRESIDENT, BOARD OF SUP VISORS ATTEST: CLERK t Resolution No. 2012-70 Page 2 of 2 E)(If 30 Exhibit A PARKS, OPEN SPACE, AND FARMLAND PRESERVATION EXPENDITURE PLAN A. Summary It is proposed that the voters in Marin County be presented in November 2012, the opportunity to vote to support the preservation of Marin County parks, open space preserves, and farmland. The Parks, Open Space, and Farmland Preservation one-fourth-cent (1/4 cent) sales tax ("Measure") is estimated, at current collection levels, to generate approximately $10,000,000 per year. This level of revenue may change during the life of the Measure due to the variability in annual receipts. All revenue projections described below are approximate and will be subject to changes in annual receipts. This Expenditure Plan ("Plan") outlines three programs for spending the sales tax proceeds. In Part B of the Plan, each program is described by its funding allocation, and types of projects and activities that the funding- would support. Part C of the Plan contains administrative provisions, including a Community Oversight Committee and public process for determining annual expenditures. B. Program Descriptions 1. Parks and Open Space Program (65%) The purpose of this Program is to protect or restore natural resources, maintain existing county parks and open space preserves, and preserve natural lands. Sixty five percent (65%) of revenues generated annually by this Measure shall be made available for the following uses. a. Protect or Restore Natural Resources and Maintain Existinq County Parks and Open Space Preserves. The purpose of this element is to protect or restore natural resources, and maintain our existing county parks and open space preserves. Eighty percent (80%) of the Parks and Open Space Program's annual amount shall be used for the following purposes. i. Protect and restore wetlands along Marin's coastline and bay shoreline to protect wildlife habitat, including habitat for shorebirds, waterfowl, and endangered wildlife such as the California clapper rail and salt marsh harvest mouse. ii. Protect water quality and fish habitat by reducing erosion and sedimentation, and/ or engaging in restoration projects in streams and creeks within county parks and preserves including, but not limited to, Coyote Creek, Miller Creek, Lagunitas Creek, Corte Madera Creek, Rush Creek, Novato Creek, and Las Gallinas Creek. iii. Reduce the risk of wildfire, enhance biodiversity, and control populations of invasive, non-native weeds in communities throughout Marin in close consultation with city, town, and county fire districts and agencies, in accordance with the Marin County Parks Vegetation and Biodiversity Management Plan. iv. Repair, maintain, and/or replace deteriorating facilities and infrastructure in open space preserves that orient and inform visitors, enable public access, protect natural resources, enhance safety, and prevent slope instability and flooding affecting downstream areas. Facilities and infrastructure include, but are not limited to, signs, gates, fences, flood Ordinance No. 3586 Page 7 of 10 A(cc-G'_S'T 1, 2 C1 prevention and drainage improvements, slope stability improvements, culverts, retaining walls, and bridges, v. Repair, maintain, and/or replace deteriorating recreation facilities and infrastructure in county parks and on county regional pathways. Facilities and infrastructure include, but are not limited to, children's playgrounds, bathrooms, water fountains, water lines, picnic areas and tables, the swimming pool at McNear's Beach Park, signs, sea walls, kayak and canoe launches, fishing piers, paved multiuse pathways such as Mill Valley/Sausalito bike path and Corte Madera Creek bike path, tennis courts, basketball courts, the skate park at John F. McInnis Park, landscape plantings, parking lots, irrigation systems, and ball fields. vi. Implement trail projects to protect water quality, sensitive habitats and natural areas (including habitat for rare and endangered species); reduce erosion; avoid unstable slopes; improve trail safety and sustainability; improve trail enjoyment and recreation opportunities; and reduce maintenance costs, in accordance with the Marin County Parks Road and Trail Management Plan. Project types may include, but are not limited to, rerouting existing trails; decommissioning (closing) unauthorized and redundant trails with concurrent habitat restoration; converting redundant or- unnecessary fire roads to trails (in consultation with Marin fire agencies); building new or modifying existing trails when necessary to improve trail safety and/or achieve connections to other trails or destinations; and entering into arrangements with private land owners for essential trail connections. vii. Augment current visitor services for parks and open space preserves - via rangers, programming, and partnerships - to protect natural resources; support visitor safety and enjoyment; and support volunteerism and environmental education. b. Preserve Natural Lands The purpose of this element is to enable fulfillment of the Marin County Parks Strategic Plan goals related to the permanent preservation of land for public open space, community separators, wildlife corridors, greenbelts, and habitat. Twenty percent (20%) of the Parks and Open Space Program's annual amount shall be used for the following purposes; however, the annual amount or its balance may be accumulated, carried over, and accrued for expenditure in future years, not to exceed ten (10) years after the termination date of the sales tax increase. i. Purchase land or conservation easements from willing sellers for the purposes of permanently protecting and/or restoring natural areas, streams, bay lands, and native ecosystems with high natural resource values. ii. To the extent possible, these funds would be used to leverage matching funds from public and private partners. 2. Farmland Preservation Program (20%) The purpose of this Program is to protect Marin County farmland at risk of subdivision and development and preserve Marin's working farms and ranches. Twenty percent (20%) of revenues generated annually by this Measure shall be made available for the following uses. a. Purchase perpetual agricultural conservation easements, and on land already encumbered by agricultural conservation easements, purchase additional real Ordinance No. 3586 Page 8 of 10 property interests, to protect and permanently preserve Marin County farms and ranches for productive agricultural use through voluntary transactions with landowners. b. Provide matching grants to qualified organizations to support and facilitate the purchase of perpetual agricultural conservation easements, and additional real property interests on land already encumbered by an agricultural conservation easement, through voluntary transactions with landowners. c. Provide matching grants to the Marin Resource Conservation District for the purpose of assisting ranchers and farmers in enhancing the agricultural and natural resource values on easement-protected properties. Grants for this purpose shall not exceed five percent (5%) of the Farmland Preservation Program's annual amount. d. Provide matching grants to the entities holding easements acquired with program funds, for the purpose -of monitoring and enforcing such easements. Grants for this purpose shall not exceed five percent (5%) of the Farmland Preservation Program's annual amount. 3. City, Town, and Applicable Special District Program (15%) The purpose of this Program is to assist Marin's municipalities and applicable special districts in managing their parks, open space preserves, recreation programs, and vegetation to promote biodiversity and reduce wildfire risk. Fifteen percent (15%) of the revenues generated annually by this Measure shall be made available for the following uses, a. Provide grants to cities, towns, and applicable special districts (special districts that provide for parks, open space and/or recreation in unincorporated areas), to maintain, restore, and/or renovate existing parks, preserves, and recreational facilities; to construct new parks and recreational facilities or acquire parklands; or to engage in vegetation management to reduce wildfire risk, promote biodiversity, or control invasive non-native weeds on private, municipal, or district lands. b. Funds shall be available through a grant allocation process that will be designed in concert with the cities, towns, and applicable special districts. The grant allocation process, but not the individual projects, shall be subject to approval by the Marin County Board of Supervisors. This program is expected to generate over $13,500,000 over the life of the Measure. This program's annual amount, or its balance, may be accumulated, carried over, and accrued for expenditure in future years, not to exceed ten (10) years after the termination date of the sales tax increase. C. Administrative Provisions 1. Community Oversight Committee a. A Community Oversight Committee shall be created by the Marin County Board of Supervisors within six months of the effective date,of the ordinance levying the sales tax increase. The responsibilities of this committee shall be to review Plan expenditures on an annual basis to ensure they conform with the Plan, and oversee an annual audit and prepare an annual report describing how funds were spent. b. Members of the committee shall be appointed by the Board. The role of the committee shall be to advise the Board and staff on these matters. The committee shall report to the Director and General Manager of Marin County Parks. Ordinance No. 3586 Page 9 of 10 c. Members of the Community Oversight Committee shall be county residents who are neither elected officials of any government, nor employees from any agency or organization that either oversees or benefits from the proceeds of the sales tax. The committee shall consist of seven at-large members. d. The Board shall approve bylaws related to the conduct of, committee meetings and business. e. Meetings. of the committee shall be open to the public and shall be held in compliance with the Ralph M. Brown Act, California's open meeting law, f. The committee shall dissolve after all revenue collected from this Measure is expended and a final report is submitted. 2. Implementation Requirements Implementation of the plan shall be guided by the following procedures to ensure that the revenue generated by the Measure is spent in the most efficient and effective manner possible, consistent with serving the public interest in Marin County, and the desires of the voters of Marin County. a. The Marin County Parks and Open Space Commission shall conduct a public meeting annually to gain public input on selection of projects to expend the sales tax revenues, as part of County's annual budget development process. b. The County of Marin is charged with the fiduciary duty to administer sales tax proceeds in accordance with applicable laws. Disbursement of funds as grants shall be subject to terms and conditions that may include, but are not limited to, the County's right to 1) require grantees to enter into funding agreements with the County; 2) require . matching funds; and 3) audit a grantee's use of tax proceeds. c. Actual revenues generated by the Measure may be higher or lower than estimates in this Plan due to variability in annual tax receipts. County shall annually estimate revenue from the Measure. d. County may accumulate revenue over multiple years so that sufficient funding is available for larger and long-term projects. All interest income shall be used for the purposes identified in this Plan, and shall accrue proportionately to the programs identified in this Plan. Ten (10) years after the termination date of the sales tax increase, unused funds and accrued interest from the Farmland Preservation Program and the City, Town, and Applicable Special District Program shall be available for any purpose consistent with this Plan, subject to approval by the Board of Supervisors. e. Sales tax proceeds are intended to augment annual County of Marin General Fund support for Marin County Parks. Any reduction in the annual net county costs below the 2012-13 allocation to Marin County Parks from the General Fund will be within the range of reductions being required from other county departments. f. To enhance local workforce development and employment opportunities, and involve youth and young adults in caring for our natural resources, the county will reach out to local community based, not-for-profit, and/or for profit businesses and consider these entities for the provision of new contracted services funded by this measure. g. No more than five percent (5%) of the Parks and Open Space Program's annual amount may be used for administrative expenses by the county. h. No more than five percent (5%) of the Farmland Preservation Program's annual amount may be used for administrative expenses by the county. Ordinance No. 3586 Page 10 of 10 Join me in supporting Measure A Page 1 of 2 Peggy Curran DR 0 From: Peggy Curran Sent: Thursday, October 11, 2012 11:26 AM To: Peggy Curran Subject: FW: Join me in supporting Measure A From: Kate Sears [mailto:katesearsforsupervisor=gmail.com@mail58.us1.mcsv.net] On Behalf Of Kate Sears Sent: Wednesday, October 03, 2012 10:00 AM To: Peggy Curran Subject: Join me in supporting Measure A Use this area to offer a short teaser of your email's content. Text here will show in the is this email not displaying correctly? preview area of some email clients. View it in your browser. Dear Friend, I am sending this email to ask for your support of Measure A on the November ballot. We cherish our open space and parks. 1 grew up hiking the trails and playing in Southern Marin parks and want to continue to be a good steward of our treasured habitat and recreational lands. Getting the word out about Measure A now will put momentum on our side as we head into the election. If each of us signs on now and asks our friends and neighbors to do the same, we'll win in November. Measure A is a 114- cent 9-year local sales tax measure to protect the open space, parks and farmland that are essential to keeping Marin County an extraordinary and healthy place to live, work, and play. Measure A will generate $10 million annually for nine years and includes a detailed expenditure plan developed through a series of public meetings. Funds would be allocated to Marin County Parks, to saving family farms and ranches, and for use by cities, towns and special districts to manage their parks, nature preserves, recreation programs and vegetation to reduce wildfire risk. Importantly, the measure calls for fiscal accountability with the requirement for an independent Cittzen Oversight Committee, mandatory financial audits and annual reports. Additionally, funds can't be spent on administrator salaries or pensions and can't be taken by the state government. I am 100°' supportive of Measure A. I believe it is the appropriate method to ensure adequate stewardship, restoration, protection and management of our parks, open space and farmlands. These treasures are a community legacy that has taken decades to build. We all benefit from them. We enjoy and depend on having our trails, natural areas, playgrounds, and fresh local food. Budget pressures and dwindling resources have led to the deterioration of county parks and preserves, and placed unprotected farmland at risk of development. We have fallen behind in our ability to provide adequate maintenance, 10/11/2012 Join me in supporting Measure A Page 2 of 2 enforcement, and stewardship of our parks and open space. Our ability to reduce wildfire risk and protect wildlife and biodiversity by providing for the careful management of natural lands is being compromised. Measure A will help our community raise needed funds to maintain our parks and open spaces; and protect our family farms. But to pass Measure A; we'll need a two-thirds yes vote. That's a high bar, but if we each vote yes and encourage our friends and neighbors to do the same, we know we can win. Please join me and a growing list of supporters of our parks. open space and farmland to vote for Measure A in November, and forward this to every Marin voter you know. Please use our tools to share your support online by clicking the link below, yesmarinparksoPenspace .Com/sign-on-kate-sears This is our chance to ensure Marin's cherished places are protected, forever. Thank you, Supervisor Kate Sears More information: Measure A Website www.YesMarinParksOpenSpace.com Editorial: Marin voters deserve to decide fate of tax for parks, open space (Marin IJ) http://vrww.riiarinii.com/marinnews/ci 21256904">http://www.marinii,com/maririnews/ci 21256904 Marin County officials put park tax on ballot (Marin IJ) http://vfww.marinii.com/novato/ci 21256904/marin-county-officials-put-park-tax-ballot Marin Voice: Rancher Kitty Dolcini htt .//vvyrw.n arinii.coin/niarintiews/ci 21339568 Co/)yright,~ 2092 Kate Sears for Supervisor. I'Vi rights reserved. You are receiving this email because you opted in at www.KateSears.net Our mailing address is: Kate Sears f0r Supervisor PO Box 2006 Sausilit.o. CA 94966 Add us to your address book unsubscribe from this list I update subscription preferences 10/11/2012 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting October 17,201? Agenda Item: rA'l 178-1 Subject: 110 Rancho Drive; File #31201; Request to Amend the Cypress Hollow Precise Development Plan (PD #45) to Allow Additional Floor Area for Lot 10; John-Peter Curcio, Owner; Holscher Architecture, Applicant; Assessor's Parcel No. 034-393-01 Reviewed By: PROJECT DATA Address: Assessor's Parcel Number File Number: Lot Size: Zoning: Precise Plan: General Plan: Current Use: Owners: Applicant: BACKGROUND 110 Rancho Drive (Lot 10, Cypress Hollow Subdivision) 034-393-01 31201 9,048 square feet RPD (Residential Planned Development) Cypress Hollow Precise Development Plan (PD #45) M (Medium Density Residential) Single-Family Residential John-Peter Curcio Holscher Architecture The project is the proposed amendment to a precise development plan (the Cypress Hollow Precise Development Plan) for property located at 110 Rancho Drive. The applicant proposes to increase the maximum floor area penmitted for this lot. On September 12, 2012, the Planning Commission adopted Resolution No. 2012-14 (Exhibit 3) recommending to the Town Council that the precise plan amendment be approved. ` PROPOSAL The applicant proposes to amend the Cypress Hollow Precise Development Plan for property located at 110 Rancho Drive. The applicant wishes to increase the maximum floor area permitted for this lot, which is currently developed with a single-family home. TOWN OF TIBURON PAGE 1 OF 4 The Cypress Hollow Precise Development Plan currently limits each parcel to a maximum floor area of 30.0% of the lot size. The applicant proposes to amend the text of the precise plan to allow a floor area ratio of 31.5% for this property. The single-family residence on this property was originally constructed with a floor area of 2,678 square feet (29.6% floor area). A previous property owner converted one garage space within an existing three-car garage into a 176 square foot office on the second floor of the house. The office increased the floor area of the house to 2,854 square feet, resulting in an as-built floor area ratio of 31.5%. As the resulting floor area ratio is in excess of the 30.0% maximum floor area permitted for this property, the current property owner wishes to legalize this as-built addition and requests to amend the Cypress Hollow Precise Development Plan to increase the maximum permitted floor area for this property to 31.5%. HISTORY The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin County Board of Supervisors. County Resolution No. 88-252 (Exhibit 6), which governs this precise development plan, states that the floor area ratio for each parcel "shall be a maximum of 30%." Garage space does not count toward the floor area allowed under the Cypress Hollow Precise Development Plan. This subdivision was annexed into Tiburon in 1999. These house size limitations in the Cypress Hollow Precise Development Plan were established prior to annexation into Tiburon, and prior to the Town's adoption of Floor Area Ratio (F.A.R.) limits in all residential zones. House size limits were placed on certain precise plans in both the County and in Tiburon in the early 1980's, as a precursor to current floor area limitations. Current practice for the Town of Tiburon is that all precise development plan approvals specify floor area limits on all lots within a development. For comparison purposes, under the Town's current "default" F.A.R. standards, adopted in 1990, the subject property would be allowed a maximum floor area of 2,905 square feet for the dwelling, plus an additional 600 square feet for garage space. The floor area ratio provided under the Cypress Hollow Precise Development Plan would allow 2,714 square feet of floor area for this property. The 2,854 square foot total floor area requested by this amendment would exceed the Cypress Hollow floor area ratio by 140 square feet; the floor area requested would be 51 square feet less than the Tiburon default floor area ratio for a lot of this size. Seven requests have been approved since 2000 to amend the Cypress Hollow Precise Development Plan to increase the maximum allowable floor area for the properties located at 70 Monterey Drive, 170 Rancho Drive, 70 Cypress Hollow Drive, 120 Rancho Drive, 50 Monterey Drive, 20 Baccharis Place and 40 Monterey Drive. The review of these requests is summarized in the September 12, 2012 Planning Commission staff report (Exhibit 4). ANALYSIS The proposed floor area requested in this application is situated within the existing footprint of the originally constructed house, and does not involve any exterior expansion to the walls of the TOWN OF TIBURON PAGE 2 OF 4 residence. The previous garage conversion did not alter the exterior appearance of the house, and the applicant does not propose any exterior alterations as part of this application. Concerns were raised during the review of the prior amendments to the Cypress Hollow Precise Development Plan that these requests could set a precedent for other floor area increases in the subdivision. The contentious history of the development of this subdivision was also noted, and concerns were raised that these additions would constitute a "back door" approach to achieving additional floor area beyond the limits specified within the Cypress Hollow Precise Development Plan. Previous approvals for increased floor area limits for Cypress Hollow homes included qualifying language noting that special circumstances were considered in the approval of the requests, including findings that additions were located within the existing walls of the houses, and did not result in any increase in mass and bulk to the existing residences which could impact nearby property owners; that the additions would not increase the intensity of use of the residence; that the additional floor area requested by these applications did not significantly exceed the maximum floor area currently permitted by the Cypress Hollow Precise Development Plan; and/or that the requests had been evaluated by the potentially affected neighboring property owners, who raised no objections to these applications. The proposed application would be consistent with the findings mentioned as part of the approvals of prior amendments to the Cypress Hollow Precise Development Plan. The office addition is contained within the existing exterior walls of the residence and is not opposed by nearby property owners. A home office would not likely increase the intensity of use of the house in the manner that additional bedrooms would for a house. The proposed addition would exceed the maximum floor area currently permitted by the Cypress Hollow Precise Development Plan by 140 square feet, but would not exceed the default Tiburon floor area ratio for a lot of this size. REVIEW BY THE PLANNING COMMISSION The Planning Commission held a public hearing on this application ut its September 12, 2012 meeting. At that meeting, the Commission determined that the requested amendment was consistent with the intent of the Cypress Hollow Precise Development Plan and the Tiburon General Plan and Zoning Ordinance, and adopted Resolution No. 2012-14 recommending approval of the amendment to the Town Council. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines. PUBLIC COMMENT As of the date of this report, no comment letters have been received regarding the subject application. TOWN OF TIBURON PAGE 3 OF 4 RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on this item 2. Adopt the draft resolution (Exhibit 1) approving the application EXHIBITS 1. Draft resolution 2. Application form and supplemental materials 3. Planning Commission Resolution No. 2012-14 4. Planning Commission staff report dated September 12, 2012 5. Draft minutes of the September 12, 2012 Planning Commission meeting 6. Marin County Board of Supervisors Resolution No. 88-252 7. Submitted plans Prepared By: Daniel M. Watrous, Planning Manager TOWN OF TiBURON PAGE 4 OF 4 RECORDING REQUESTED RETURN TO: TOWN CLERK TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. (Draft)-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45) FOR PROPERTY LOCATED AT 110 RANCHO DRIVE ASSESSOR PARCEL NO. 034-393-01 Section 1. Findings. WHEREAS, the Town of Tiburon has received and considered an application filed by John-Peter Curcio to amend the Cypress Hollow Precise Development Plan (PD #45) to increase the maximum floor area permitted for Lot 10 of the Cypress Hollow Subdivision, located at 110 Rancho Drive; and WHEREAS, the Precise Development Plan application consists of File #31201, on file with the Town of Tiburon Community Development Department. Materials from that application include but are not limited to the following: 1. Land Development Application form and project description, dated August 16, 2012; and 2. Project plans (3 sheets) prepared by Holscher Architecture, dated August 14, 2012. WHEREAS, on September 12, 2012 the Planning Commission held a public hearing to consider the approval of this application to amend the Cypress Hollow Precise Development Plan; and WHEREAS, after receiving public testimony and considering the application at that hearing, the Planning Commission adopted Resolution No. 2012-14 recommending to the Town Council that the Precise Development Plan Amendment be approved; and WHEREAS, on October 17, 2012, the Town Council held a public hearing on this application and after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise development plan amendment to increase the maximum floor area permitted for the property located at 110 Rancho Drive would be consistent with the overall intention of the Cypress Hollow Precise Development Plan and the policies contained within the Land Use Element of the Tiburon General Plan; and TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2012 OCTOBER 17.2012 EXHIBIT NO. WHEREAS, the Town Council has found that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the Cypress Hollow Precise Development Plan, subject to the following conditions: Condition of Approval No. 3 (C) of Marin County Board of Supervisors Resolution No. 88-252 shall be amended to read as follows: "The FAR shall be a maximum of 30%; except that greater area is permitted for the following lots: a. Lot 33 (70 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 10/1/99, prepared by Marshall Balfe (4 sheets); b. Lot 16 (170 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/4/2000, prepared by Mahoney Architects (4 sheets); c. Lot 7 (70 Cypress Hollow Drive), as generally depicted on drawings dated 4/18/2001, prepared by Geoffrey Butler Architect (6 sheets), approving the garage conversion and limiting the deck enclosure so that the total floor area of the house does not exceed the Town of Tiburon default floor area ratio for this property; d. Lot 11 (120 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 9/14/2002, prepared by Marshal Balfe (6 sheets); Lot 35 (50 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/28/2004, prepared by Richard Esteb (5 sheets); f. Lot 26 (20 Baccharis Place) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 11 / 1 /2005, prepared by Richard Esteb (6 sheets); TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2012 OCTOBER 17, 2012 2 EXHIBIT N0. g. Lot 36 (40 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 7/6/2006, prepared by Mohamad Sadrieh (7 sheets)." h. Lot 10 (110 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 8/14/2012, prepared by Holscher Architecture (3 sheets)." 2. This approval shall in no way alter other provisions of the Cypress Hollow Precise Development Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Town Council on October 175 20121 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2012 OCTOBER 17, 2012 3 EXHIBIT NO. I RECEIVED - Y AU15 1 5 001% PLANNING DIVISION TOWN OF TIBURON LAND DEVELOPMENT APPLICATION TYPE OF APPLICATION 0 Conditional Use Permit 0 Precise Development Plan O Secondary Dwelling Unit O Zoning Text Amendment O Rezoning or Prezoning 0 General Plan Amendment 0 Change of Address 0 Design Review (DRB) 0 Design Review (Staff level) O Variance 0 Floor Area Exception 0 Tidelands Permit 0 Sign Permit 0 Tree Permit 0 Tentative Subdivision Map 0 Final Subdivision Map O Parcel Map O Lot Line Adjustment 0 Condominium Use Permit 0 Certificate of Compliance O Other M:2 t~ 71M N- P "~'T APPLICANT REQUIRED INFORMATION SITE ADDRESS: _ PARCEL NUMBER: 110 Rancho Dr. - Lot 10 034-393-01 OWNER OF PROPERTY: MAILING ADDRESS: PHONE NUMBER: CITY/STATE/ZIP Tiburon, CA. 94920 FAX _ APPLICANT: (Other than Property Owner) DAVID HOLSCHER - HOLSCHER ARCHITECTURE MAILING ADDRESS: 1550 TIBURON BLVD. #V - BELVEDERE, CA. 94920 PHONE NUMBER: 415-435-5219 FAX 415-435-0312 ARCHITECT/DESIGNER/ENGINEER: MAILING ADDRESS: HOLSCHER ARCHITECTURE 1550 TIBURON BLVD. #v - BELVEDERE, CA. 94920 Please indicate with an asterisk persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): - Convert (e) 3rd garage to in-house office - 176 sqft I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of e Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims abilities arising from the approval, including, without limitation, any award of attorney's fees that m'_rpsult from the third party challenge. `Signature: PROPERTY SIZE: 9,048sf ZONING: RPD JOHN-PETER R. CURCIO 110 Rancho Dr *If other than owger, must have letter from owner Date: 08-14-2012 DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING INFORMATION Application No.: 3 (ZC-,> I GP Designation Fee Deposit*3 Ow o C Date Received: E.tLPt C- Received By: Receipt # [ 3CP161C_>~_ Date Deemed Complete: e(Lz4112 By: jk-) Actinq Body: Action: Date: Conditions -of Approval or Comments: Resolution or Ordinance IT NO. ~ R I C_> e--Z- Amendment to RESOLUTION NO. 06-2006 g. Lot 10 (110 Rancho Drive) if attained entirely within undeveloped space with the existing mass and bulk of the approved house, as generally depicted on drawings dated 08/14/2012 prepared by Holscher Architecture (3 sheets) EXHIBIT NO. 2- C) r' RESOLUTION NO. 2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45) FOR PROPERTY LOCATED AT 110 RANCHO DRIVE ASSESSOR PARCEL NO. 034-393-01 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received and considered an application filed by John-Peter Curcio for an amendment to the Cypress Hollow Precise Development Plan to increase the maximum floor area permitted for Lot 10 of the Cypress Hollow Subdivision. The subject property is developed with existing single- family residence, and is commonly known as 110 Rancho Drive. The application consists of the following: 1. Application form, dated August 16, 2012 2. Site Plan and Floor Plans, received August 16, 2012 B. The Planning Commission held a duly-noticed public hearing on September 12, 2012, and heard and considered testimony from interested persons. C. The Planning Commission has found that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. D. The Planning Commission finds, based upon application materials and analysis presented in the September 12, 2012 staff report, as well as visits to the site and testimony received from the applicant, that the project is consistent with the requirements of the Tiburon Zoning Ordinance regarding precise development plan amendments and is compatible with the overall intentions of the Cypress Hollow Precise Development Plan. The requested increase in floor area does not alter the visual mass and bulk of the existing home, and does not increase the number of bedrooms. The proposed addition would not exceed the default Town floor area ratio for a lot of this size. E. The Planning Commission finds that the project is consistent with the goals and policies of the Tiburon General Plan. Policy LU-15 of the Land Use Element states that "remodels, tear- down/rebuilds, and new construction shall be compatible with the design, size, and scale of existing dwellings in the surrounding neighborhood." The proposed project would involve construction entirely within the existing footprint of the house in a manner similar to numerous other homes in the Cypress Hollow neighborhood, with no exterior changes to the home. F. The requested addition does not add to the mass and bulk of the existing house nor change the TIBURON PLANNING COMMISSION RESOLUTION NO. 2012 SEPTEMBER 12, 2012 3 EX/MBIT N0. structure's relationship to the contours of the property. The structure is still consistent with the surrounding neighborhood and does not result in privacy concerns for nearby residences. This project therefore is not detrimental to the public health, safety or welfare. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the amendment to the Cypress Hollow Precise Development Plan to the Town Council, subject to the following conditions: 1. Condition of Approval No. 3 (C) of Marin County Board of Supervisors Resolution No. 88- 252 shall be amended to read as follows: "The FAR shall be a maximum of 30%; except that greater area is permitted for the following lots: a. Lot 33 (70 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 10/1/99, prepared by Marshall Balfe (4 sheets); b. Lot 16 (170 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/4/2000, prepared by Mahoney Architects (4 sheets); C. Lot 7 (70 Cypress Hollow Drive), as generally depicted on drawings dated 4/18/2001, prepared by Geoffrey Butler Architect (6 sheets), approving the garage conversion and limiting the deck enclosure so that the total floor area of the house does not exceed the Town of Tiburon default floor area ratio for this property; d. Lot 11 (120 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 9/14/2002, prepared by Marshal Balfe (6 sheets); e. Lot 35 (50 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/28/2004, prepared by Richard Esteb (5 sheets); f. Lot 26 (20 Baccharis Place) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 11/8/2005, prepared by Richard Esteb (6 sheets); g. Lot 36 (40 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 7/6/2006, prepared by Mohamad Sadrieh (7 sheets)." h. Lot 10 (110 Rancho Drive) if attained entirely within undeveloped space TIBURON PLANNING COMMISSION RESOLUTION NO. 2012 SEPTEMBER 12, 2012 2 EXHIBIT N0. 3 within the existing mass and bulk of the approved house, as generally depicted on drawings dated 8/14/2012, prepared by Holscher Architecture (3 sheets)." 2. This approval shall in no way alter other provisions of the Cypress Hollow Precise Development Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on September 12, 2012) by the following vote: AYES: COMMISSIONERS: TOLLINI, WELLER AND CORCORAN NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KUNZWEILER AND WELNER ERIN TOLLINI, CHAIR Tiburon Planning Commission ATTEST: DANIEL M. WATROUS, SECRETARY TIBURON PLANNING COMMISSION RESOLUTION NO. 2012 SEPTEMBER 12, 2012 3 EXHIBIT NO. 3 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Planning Commission Community Development Department Planning Commission Meeting September 12, 2012 Agenda Item: I Subject: 110 Rancho Drive; File #31201; Request to Amend the Cypress Hollow Precise Development Plan (PD #45) to Allow Additional Floor Area for Lot 10; John-Peter Curcio, Owner; Holscher Architecture, Applicant; Assessor's Parcel No. 034-393-01 Reviewed By: PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: Zoning: Precise Plan: General Plan: Current Use: Owners: Applicant: PROPOSAL 110 Rancho Drive (Lot 10, Cypress Hollow Subdivision) 034-393-01 31201 9,048 square feet RPD (Residential Planned Development) Cypress Hollow Precise Development Plan (PD #45) M (Medium Density Residential) Single-Family Residential John-Peter Curcio Holscher Architecture The applicant proposes to amend the Cypress Hollow Precise Development Plan for property located at 110 Rancho Drive. The applicant wishes to increase the maximum floor area permitted for this lot, which is currently developed with a single-family home. The Cypress Hollow Precise Development Plan currently limits each parcel to a maximum floor area of 30.0% of the lot size. The applicant proposes to amend the text of the precise plan to allow a floor area ratio of 31.5% for this property. The single-family residence on this property was originally constructed with a floor area of 2,678 square feet (29.6% floor area). A previous property owner converted one garage space within an existing three-car garage into a 176 square foot office on the second floor of the house. The office increased the floor area of the house to 2,854 square feet, resulting in an as-built floor area ratio of 31.5%. As the resulting floor area ratio is in excess of the 30.0% maximum floor area permitted for this property, the current property owner wishes to legalize this as-built addition TOWN OF TIBURON En. PAGE 1 OF 6 HIBIT NO. and requests to amend the Cypress Hollow Precise Development Plan to increase the maximum permitted floor area for this property to 31.5%. BACKGROUND The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin County Board of Supervisors. County Resolution No. 88-252 (Exhibit 2), which governs this precise development plan, states that the floor area ratio for each parcel "shall be a maximum of 30%." Garage space does not count toward the floor area allowed under the Cypress Hollow Precise Development Plan. This subdivision was annexed into Tiburon in 1999. These house size limitations in the Cypress Hollow Precise Development Plan were established prior to annexation into Tiburon, and prior to the Town's adoption of Floor Area Ratio (F.A.R.) limits in all residential zones. House size limits were placed on certain precise plans in both the County and in Tiburon in the early 1980's, as a precursor to current floor area limitations. Current practice for the Town of Tiburon is that all precise development plan approvals specify floor area limits on all lots within a development. For comparison purposes, under the Town's current "default" F.A.R. standards, adopted in 1990, the subject property would be allowed a maximum floor area of 2,905 square feet for the dwelling, plus an additional 600 square feet for garage space. The floor area ratio provided under the Cypress Hollow Precise Development Plan would allow 2,714 square feet of floor area for this property. The 2,854 square foot total floor area requested by this amendment would exceed the Cypress Hollow floor area ratio by 140 square feet; the floor area requested would be 51 square feet less than the Tiburon default floor area ratio for a lot of this size. Seven requests have been approved since 2000 to amend the Cypress Hollow Precise Development Plan to increase the maximum allowable floor area for the properties located at 70 Monterey Drive, 170 Rancho Drive, 70 Cypress Hollow Drive, 120 Rancho Drive, 50 Monterey Drive, 20 Baccharis Place and 40 Monterey Drive. The review of these requests is summarized as follows: 70 Monterey This request involved the conversion of undeveloped space beneath the house into living area. A 650 square foot increase was approved, resulting in a floor area of 3,750 square feet on an 11,600 square foot lot. The resulting floor area was 32.3% of the lot size, and exceeded the Tiburon default floor area ratio by 590 square feet. During the review of this application, the Town Council was concerned that the decision could essentially set policy for the entire subdivision. The Council approved the request, including qualifying language indicating that the request was for only 270 square feet above the maximum floor area currently permitted by the Cypress Hollow Precise Development Plan, and that the request to add a playroom and office would not increase the number of bedrooms within the residence. TOWN OF TIBURON PAGE 2 OF 6 L4 EXHIBIT NO. 170 Rancho Drive This request involved the conversion of undeveloped space beneath the house into living area. A 580 square foot increase was approved, resulting in a floor area of 3,420 square feet on a 10,000 square foot lot. The resulting floor area was 34.2% of the lot size, and exceeded the Tiburon default floor area ratio by 420 square feet. The Planning Commission and Town Council noted that this application added a bedroom and bathroom to a two-bedroom house. The Town Council resolution approving this amendment stated that "the application would add a bedroom and bathroom to the existing two-bedroom house, and would therefore be less likely to encourage more residents than a normal house, or increase the intensity of use of the residence." 70 Cypress Hollow Drive This project requested to enclose an open deck area and convert a one-car garage space into living area. A 370 square foot increase was requested, which would have resulted in a floor area of 2,981 square feet on a 9,160 square foot lot. The resulting floor area would have been 32.5% of the lot size, and would have exceeded the Tiburon default floor area ratio by 65 square feet. The Town Council noted that most of the proposed floor area would be situated within the existing walls of the house; that the project would only add a home office and expand the family room of the existing house; and differentiated the house from other homes in the Cypress Hollow Subdivision by its original design that includes a separate one-car garage and two-car garage. However, the resolution approved by the Town Council also added that "the Zoning Ordinance's floor area ratio fixes the amount of development generally considered desirable for residential properties in the Town. To allow development in excess of the floor area ratio, absent unusual circumstances, would undermine the Zoning Ordinance's goal of limiting over-development of residential properties." The Council conditionally approved this request, but limited the floor area permitted so that "the total floor area of the house does not exceed the Town of Tiburon default floor area ratio for this property." 120 Rancho Drive This request involved the after-the-fact conversion of undeveloped space beneath the house into living area. Only 40 square feet of the newly enclosed space was calculated as floor area, resulting in a floor area of 2,607 square feet on a 7,910 square foot lot. The resulting floor area was 33.0% of the lot size, which was 184 square feet less than the Tiburon default floor area ratio. The only qualifying language included in the Town Council approval for this application required that the additional floor area was to be attained "entirely within undeveloped space within the existing mass and bulk of the approved house did not include qualifying language for this approval." TOWN OF TIBURC?N EXHIBIT 3 OF 6 L4 ~H1B~T NO . 50 Monterey Drive This request involved the conversion of undeveloped space beneath the house into living area for a play room, closet and storage space. A 416 square foot increase was approved, resulting in a floor area of 3,531 square feet on a 10,497 square foot lot. The resulting floor area was 33.8% of the lot size, and exceeded the Tiburon default floor area ratio by 481 square feet. The Town Council resolution approving this amendment included a requirement to record a statement against this property requiring that "no bathroom, bedroom or kitchen be constructed within the area approved under this application" to discourage future improvements that would increase the intensity of use of the residence. 20 Baccharis Place This request involved the conversion of undeveloped space beneath the house into living area for a library and bathroom. A 266 square foot increase was approved, resulting in a floor area of 2,718 square feet on an 8,250 square foot lot. The resulting floor area was 33.0% of the lot size, which was 4 square feet less than the Tiburon default floor area ratio. The qualifying language included in the Town Council approval for this application required that the additional floor area was to be attained "entirely within undeveloped space within the existing mass and bulk of the approved house," and that "no future expansion of floor area shall be allowed under any deck areas of the residence." 40 Monterey Drive This request involved the conversion of undeveloped space within the existing mass and bulk of the house, beneath the garage, into a playroom adjacent to the upper floor level of the house. A 605 square foot increase was approved, resulting in a floor area of 3,818 square feet on a 10,847 square foot lot. The resulting floor area was 35.2% of the lot size, which was 733 square feet greater than the Tiburon default floor area ratio. The qualifying language included in the Town Council approval for this application required that the additional floor area was to be attained "entirely within undeveloped space within the existing mass and bulk of the approved house." ANALYSIS The proposed floor area requested in this application is situated within the existing footprint of the originally constructed house, and does not involve any exterior expansion to the walls of the residence. The previous garage conversion did not alter the exterior appearance of the house, and the applicant does not propose any exterior alterations as part of this application. Concerns were raised during the review of the prior amendments to the Cypress Hollow Precise Development Plan that these requests could set a precedent for other floor area increases in the subdivision. The contentious history of the development of this subdivision was also noted, and concerns were raised that these additions would constitute a "back door" approach to achieving additional floor area beyond the limits specified within the Cypress Hollow Precise Development TOWN OF TIBURON q P AGE 4 OF 6 ,V ~J,~I-~IBIT N0. . a 1 s a. Plan. As noted above, previous approvals included qualifying language noting that special circumstances were considered in the approval of the requests, including findings that additions were located within the existing walls of the houses, and did not result in any increase in mass and bulk to the existing residences which could impact nearby property owners; that the additions would not increase the intensity of use of the residence; that the additional floor area requested by these applications did not significantly exceed the maximum floor area currently permitted by the Cypress Hollow Precise Development Plan; and/or that the requests had been evaluated by the potentially affected neighboring property owners, who raised no objections to these applications. The proposed application would be consistent with the findings mentioned as part of the approvals of prior amendments to the Cypress Hollow Precise Development Plan. The office addition is contained within the existing exterior walls of the residence and is not opposed by nearby property owners. A home office would not likely increase the intensity of use of the house in the manner that additional bedrooms would for a house. The proposed addition would exceed the maximum floor area currently permitted by the Cypress Hollow Precise Development Plan by 140 square feet, but would not exceed the default Tiburon floor area ratio for a lot of this size. ZONING AND GENERAL PLAN CONSISTENCY The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise development plan amendments. The project appears to be consistent with the overall intentions of the Cypress Hollow Precise Development Plan. The requested increase in floor area would not alter the visual mass and bulk of the existing home, and would not result in a substantial increase beyond the originally approved floor area limits for this lot. Policy LU-15 of the Land Use Element states that "remodels, tear-down/rebuilds, and new construction shall be compatible with the design, size, and scale of existing dwellings in the surrounding neighborhood." As noted above, the proposed project would legalize as-built construction within the existing footprint of the house in a manner similar to numerous other homes in the Cypress Hollow neighborhood, with no exterior changes to the design of the home. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines. PUBLIC COMMENT As of the date of this report, no comment letters have been received regarding the subject application. FUTURE ACTIONS REQUIRED The Planning Commission's action on this project would be in the form of a recommendation of approval to the Town Council or a denial by the Commission. A Commission denial could be appealed to the Town Council, while a recommendation for approval would be automatically TOWN OF TIBURON PAGE 5 OF 6 E~I-II~3IT NO. forwarded to the Town Council. If the precise development plan amendment is approved by the Town Council, the subject addition would require Site Plan and Architectural Review approval and building permits. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing on this item and hear and consider all testimony. 2. Adopt the draft resolution (Exhibit 3) recommending approval of the amendment to the Cypress Hollow Precise Development Plan to the Town Council. EXHIBITS 1. Application form and supplemental materials 2. Marin County Board of Supervisors Resolution No. 88-252 3. Draft resolution 4. Submitted plans Prepared By: Daniel M. Watrous, Planning Manager TOWN OF TIBURON PAGE 6 OF 6 ) ~,XHIBIT NO. n D a Di PLANNING COMMISSION M S MINUTES NO. 1025 September 12, 2012 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Tollini called the meeting to order at 7:31 p.m. Present: Chair Tollini, Vice Chair Weller, Commissioner Corcoran Absent: Commissioners Kunzweiler and Welner Staff Present: Planning Manager Watrous and Minutes Clerk Rusting ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Planning Manager Watrous reminded Commissioners that they received a copy of the Parking and Circulation Study that went will be presented to the Town Council on September 19th and invited Commissioners to attend. He asked if the Commission was interested in having a presentation of the study at a future Planning Commission meeting. Chair Tollini voiced interest in such a presentation. Commissioner Corcoran suggested doing that presentation on a date that there is already an agenda and on a date where no Commissioners are planned to be absent. Commissioner Weller asked if the traffic meeting on September 20th is an official Town meeting. Planning Manager Watrous replied that it is a separate group working on solutions to the traffic congestion issues on Tiburon Boulevard. PUBLIC HEARINGS: 1. 110 RANCHO DRIVE: REQUEST TO AMEND THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45) TO ALLOW ADDITIONAL FLOOR AREA FOR LOT 20; FILE #31201; John-Peter Curcio, Owner; Holscher Architecture, Applicant; Assessor's Parcel No. 034-393-01 Planning Manager Watrous said the Cypress Hollow Precise Development Plan currently limits each parcel to a maximum floor area of 30.0% of the lot size. The applicant proposes to amend the text of the precise plan to allow a floor area ratio of 31.5% for this property. He said there have been requests in the past to amend the maximum floor area to allow a larger floor area ratio. The current request comes from owners on Rancho Drive who recently purchased the property. The previous owner converted a portion of the three-car garage to a 176 square foot office, and ~,"XH1B1T NO. TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 12, 2012 MINUTES NO. 1025 PAGE 1 IL to utilize this space it would require a floor area amendment. s not4in e s aff o rthy have done a number of these amendments on a case by case basis in the Cypress Hollow Subdivision, and in general the Council has been supportive of these amendments if they are under the default floor area ratio for a lot of that size under the Town FAR and if it is contained within the overall footprint of the house and does not involve any expansion. He said the case this evening involves just that sort of case. Chair Tollini asked if the Town conducts an inspection when a homeowner sells property. Planning Manager Watrous answered yes, and said that there are certain items that are mandatory and the owner understands it is their responsibility to get permits. Commissioner Corcoran said there are certain items that must be handled by the seller when they still own it, and there are other items the buyer must do within a certain number of days after the sale. Planning Manager Watrous said usually the safety issues are the ones that must be done before the sale. John-Peter Curcio, owner, said that they purchased the home with the changes made by the previous owner. He said that they applied for this amendment to do the right thing and to make it correct with the Town. - There were no public comments. Commissioner Weller said he thought that this was a reasonable request. He was quite amenable to it because it is within the otherwise applicable FAR limits of the Town. He said that the comments of prior Planning Commissions were well taken and he said that they do not want to create a precedent for approvals involving expansions outside the envelope of the home. He said that this application would not expand the building footprint or increase the density of people within the house. He said that it would be highly unlikely for the office to be converted to a bedroom because it is within a garage and without a bathroom. He therefore supported the application. Commissioner Corcoran agreed with Commissioner Weller's comments. He commended staff for a very detailed staff report which summed up the previous approvals of the 7 homes that had received amendments in the past. He said that the language of the proposed resolution recommending approval to the Town Council carefully explains why the Commission is willing to grant the amendment in this instance. Chair Tollini asked if the garage door is open to the office space. Mr. Curcio said that the office is in the space with a garage door that does not attach to the others. Chair Tollini said that the fact that one of the walls is a garage door is one more reason why it will not likely become a bedroom in the future. She said that the office addition is contained within the walls of the garage and although it would exceed the current floor area ratio, it would not exceed the default Town FAR. For those reasons, she supported the amendment. She suggested adding to the findings that the request would not exceed the default floor area ratio for a lot of this size. Planning Manager Watrous suggested adding that sentence under section L d., stating that the subject addition would not exceed the default area ratio for a lot of this size. TJT"RTT NO TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 12, 2012 MINUTES NO. 1025 PAGE 2 ~ E ACTION: It was M/S (Weller/Corcoran) to adopt the daft resoluii©n iv,6- ommending approval of the amendment to the Cypress Hollow Precise Development Plan to the Town Council, with the modification of section L d. stating that the subject addition would not exceed the default area ratio for a lot of this size. Motion carried: 3-0. MINUTES: 2. PLANNING COMMISSION MINUTES - Regular Meeting of August 22, 2012 Chair Tollini requested adding "a" to the last sentence of the second to last paragraph on page 3 so that it states "...a reasonable level of music...". ACTION: It was M/S (Corcoran/Weller) to approve the minutes of the August 22, 2012 meeting as amended. Motion carried: 3-0. ADJOURNMENT: The Planning Commission adjourned the meeting at 7:50 p.m. ERIN TOLLINI, CHAIR TIBURON PLANNING COMMISSION ATTEST: DANIEL M. WATROUS, SECRETARY EXHIBIT NO. 5- TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 12, 2012 MINUTES NO. 1025 PAGE 3 A-P L LkJ L, 1,1 Ll,il w L.ut. _ • , ~u t Vu.:.. 1 v 12 V 1 Vl 1i(11L JJ LL Ju}/cl 1V. L V LLL L L UC U 11/30/88. The deletions dre shown by overstriking aL+i the adcutions by bold type. MARIN COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 88-252 A RESOLUTION GRANTING THE APPEAL OF THE CYPRESS HOLLOW PARTNERSHIP AND APPROVING THE CYPRESS HOLLOW DEVELOPMENT PLAN AND VESTING TENTATIVE MAP FOR ASSESSOR'S PARCEL NOS. 34-153-15, 34-012-34, 35, 37 and 51. I. WHEREAS on August 15, 1988 the Marin County Planning Commission voted to recommend that the Board of Supervisors approve with conditions the Cypress Hollow Master Plan and voted to approve the Cypress Hollow Development Plan and Vesting Tentative Map; and II. WHEREAS on August 23, 1988 the Marin County Board of Supervisors certified the Cypress Hollow Environmental Impact Report and approved the Cypress Hollow Master Plan with several changes to the conditions as recommended by the Planning Commission; and . III. WFI EREAS the Cypress Hollow, a California limited partnership, filed a timely appeal on August 25, 1988 requesting that the Board of Supervisors amend the approval of the Cypress Hollow Development Plan/Vesting Tentative Map to bring it into conformance with the Cy press Hollow Master Plan as approved by the Board of Supervisors; and IV. WHEREAS the Board of Supervisors held a duly noticed public hearing on September 13, 1988 to consider the appeal by Cypress Hollow; and V. WHEREAS the Board of Supervisors, after conducting a public hearing and considering the administrative record concurs in the following findings made by the Planning Commission: ' a. that, based on the recommended Draft EIR, the proposed project incorporates all necessary environmental mitigations in the modifications and conditions contained herein and meets all the County's public health and safety standards for design, and it will not have a signif icant eff ect on the environment or substantially or avoidably injure wildlife or their habitat, and will not cause public health or safety problems; and b. that, based on the modifications and conditions contained herein, the Development Plan and Vesting Tentative Map are in substantial accordance with the Master Plan as recommended to the Board of Supervisors; and c. that the proposed project, with the modifications and` conditions contained herein, is consistent with the policies of the Marin Countywide Plan, particularly Housing Policy A-3, Transportation Policy B-3, and the Urban Services Area Policies, and the Visual Quality policies with respect to Wooded Hillsides given the proposed mitigations of removing one lot, reconfiguring building envelopes to move development away from the retained eucalyptus trees, the increased clustering of the house sites, a reforestation program for the designated non-development portions of upslope lots, and the retention of several significant tree specimens by reconfiguring the lots along Rancho Drive; and EXHIBIT NO. -1- 1 vF ct d. that the proposed project, including the proposed design and improvements, with the modifications and conditions contained herein, is consistent with the policies of the Strawberry Community Plan; and e. that the site is physically suitable for the type of development and density of 45 44 units single-family residences, given conditions of approval of the Master Plan and this approval of the Development Plan and Vesting Tentative Map, because the project is inf ill development in an area of single-family homes with available urban services from the County and service districts; and it is consistent with all Co=. ty development policies and standards; and f. that the proposed project will not conflict with existing easements acquired by the general public at large for access through or use of the property within the subdivision because no such easements exist on the property, and because the public will gain right of use of an improved public park area of approximately .49 acres as a result of the conditions of approval of the Master Plan; and g. that all the required findings necessary to approve a Vesting Tentative Map pursuant to Marin County Code Section 20.32.220 can be made; and VI. WHEREAS, the Board of Supervisors finds that it is appropriate to revise the Cypress Hollow Development Plan/Vesting Tentative Map to reflect the changes in the Planning Commission's recommended conditions of approval made by the Board of Supervisors in approving the Master Plan which changes included: a. the restoration of the lot adjacent to the proposed public park (Parcel A) which had been recommended for deletion by the Planning Commission; and b. the deletion of two lots from the downhill side of Rancho Drive leaving twelve lots abutting the existing homes on Blackfield Drive; and c. reduction in the height limits of several lots downslope from the Rancho Drive extension; and VII. WHEREAS the Board of Supervisors finds that with the revisions, the Cypress Hollow Development/Vesting Tentative Map is consistent with the Master Plan approved by the adoption of Ordinance #2980; NOW THEREFORE BE IT RESOLVED, the Marin County Board of Supervisors approves the Cypress Hollow Development Plan and Vesting Tentative Map subject to the following conditions: Planning Department 1. The Cypress Hollow Development Plan/Vesting Tentative Map is hereby approved subject to the f ollowing: a. This apgreval shall xat be eegs4dered ix €e=ee axd e£reet xnless aad xxt'44 'the eypFe-Qs Hellew ElR is eertif ied aad the Master Plax is approved by the Beard ez Supervisers- a. Except as modified by the Master Plan conditions of approval and the conditions of this Development Plan/Vesting Tentative Map approval the final map and subsequent development and use of the property shall be consistent with the applicant's submitted plan set (Exhibit "-A" "V' to the Master Plan), application text (Exhibit "B" -2- EX=IT NO F. 2- bF`q to the Master Plan), the alternative site plaA fExhl t "E" to the h~laster Plaar the supplemeAtal laxdseaplxg plaa FExhiI3,k "B" to the Master Plaa4-, and the landscaping plans for two adjacent properties (Exhibits "E" and "F" to the Master Plan). Where there are diserepaxeies amexg the exhil3~ts; Exhjb4-~s "C"- axd "B'-' sha4 geverx- The lot numbers on the Final Map shall be the same as those shown on Exhibit "E" 2. Pursuant to California Government Code Section 66474.9(b), the County requires as a condition of this tentative map approval that Cypress Hollow, a California Limited Partnership, or its successors in interest, defend, indemnify, and hold harmless Marin County or its agents, officers, and employees from-any claim, action, or proceeding against the County or its agents, officers, or employees to attack, set aside, void, or. annul, an approval of the County concerning the Cypress Hollow subdivision, which action is brought in a timely manner. The County of Marin shall promptly notify the subdivider of any claim, action, or proceeding and the County shall cooperate fully in the defense. If the County fails to promptly notify the subdivider of any claim, action, or proceeding, or if the County fails to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the County. 3. The Architectural Development Standards contained as Exhibit "F" in the application text for Cypress Hollow Subdivision (Exhibit "B" of the Cypress Hollow Master Plan) is hereby incorporated into this Development Plan and Vesting Tentative Map approval, with the f ollowing changes A. Additional Development Standards for Lot 10 through 23 21 1) Building Height. The maximum allowable building height for houses shall be 26 f t. abov e natural grade f or Lots 10 to 17 and 28'f t. f or Lots 18 to 21. Natural grade shall mean the final rough grade after the subdivision improvements are in place. New "fill" slopes resulting from street improvements shall be graded at a three to one slope (horizontal to vertical). In addition, no portion of a house structure shall be higher than 16 ft. above the top-of-curb elevation at the front of the lot for Lots 10 to 17 and 18 ft. for Lots 18 to 21. These are the maximum heights to be permitted, and in evaluating the individual house designs through the Design Review process, the height should be less than the maximum wherever practical to the extent consistent with other objectives such as minimizing grading, maintaining architectural interest and variety, and allowing a house size similar to others within the subdivision. House designs should incorporate features that facilitate reducing overall height. Features to be considered include, but are not limited to, stepped floor plans and detached garages. 2) Mass and Bulk of Structures. Where possible, cantilevered floors, decks and ,chimneys shall be utilized to reduce the skirt heights of walls on the downhill side of the house. In addition, walls on the downhill (rear) side of the structure shall be "undulated" to provide "relief" and architectural interest to the house when viewed from below. Long uninterrupted rear walls shall be prohibited. Major roof planes of the house shall generally be parallel to the natural slope of the lot. Architectural elements such as bay windows, roof dormers, greenhouse windows, and chimneys are encouraged to add architectural variety to house structures. At the rear of the house exterior decks shall not extend beyond the rear building envelope line. In addition, all second floor exterior walls (except chimney walls) shall be a minimum of five feet (5') from the rear development _ EXHIBIT .NO. tg _3 '3 oPc~ envelope line. The maximum finish floor elevation of the second floor at the rear (east) wall shall not be greater than shown below for the respective lots above finished grade: a) F ourteen f eet (14') f or Lots 10, 11, 14, 15 and 16; b) Sixteen feet (16~ for Lots 12, 13, and 17; and c) Eighteen feet (18') for Lots 18, 19, 20, and 21. B. Building envelopes. The house structure, garage and all accessory buildings or structures shall be located entirely within the "building or development envelope" area defined for each lot, except that roof overhangs, chimneys, exterior balconies or similar architectural appendages may project two feet beyond the building envelope line. This shall not include any enclosed portion of the house structure. The building envelopes are approved as shown on Exhibit "V" to the Master Plan with the following exception: 1) For Lot 45 44, the development envelope setback from the northerly property line shall be increased to 30 feet. However, retaining walls may be placed outside the development envelope, to within 20 feet of the northerly property boundary. C. Floor Area Ratio: The FAR shall be a maximum of 30%. D. Maximum Lot Coverage The maximum lot coverage requirements are deleted. E. The building envelopes shall be shown on the final map, or recorded on the property through a separate instrument. 4. All utilities within the subdivision and extended to the subdivision shall be underground. 5. Prior to recording the Final Map, the applicant shall submit proposed driveway maintenance agreements for Lots 22, 23, 24, and for lots 41 40 through 45 44. Such agreements shall be subject to the review and approval of the Planning Department and Department of Public Works and shall be recorded with the Final Map. 6. A minimum of 4 off-street parking spaces shall be provided for Lots 22 to 24 and 40 to 45 44. While independently accessible spaces are preferred, two of the parking spaces may be provided as tandem spaces where independently accessible spaces cannot be provided without substantially constraining the house location and design or causing extensive grading. . 7. The change in paving and entrance design at Cypress Hollow Drive and Bay Vista Road as shown on Sheet 8 of Exkibl "A" the ori.ginaIly submitted Landscape Plan is expressly prohibited. 8. All conditions of Master Plan, Development Plan and Tentative Map approval shall be complied with prior to recordation of the final map, or, where appropriate, the required -4- EXHIBIT NO, P. Lf a F~ improvements shall be financially secured through posting with the County prior to recordation a Certificate of Deposit, Letter of Credit, or other County approved instrument of credit. 9. All conditions of Master Plan approval are incorporated by reference as conditions of Development Plan/Tentative Map approval. 10. Design Review shall be required on all single family lots within the subdivision. .5 11. Final landscape and irrigation plans shall be approved by the Planning Director prior to recordation of the Final Map. 12. The final map shall contain notes or shall be recorded with documents that clearly set out the maintenance obligations of individual lot owners with respect to the drainage way along the westerly property boundary and the landscaping within the non-development private open space easements. This includes Lots 21, 297 407 41-7 42, 43, and 44 and Parcel L. 13. As of -ered by the applicant aRd approved as part of this appreval As agreed to by the Town of Tiburon, Marin County and Cypress Hollow, a Calif ornia Limited Partnership in the settlement of Case No. 140135 in California Superior Court, prior to the recordation of the final map, the applicant shall establish a $51,000 fund a-Ed prepese the preeedtires aid supervis~g eatlty sueh as the Tewn of T4bufei er Bel Aire Imprever-BeBt Asseelat3eA for providing the funds to the property owners of the 17 lots along Blackfield Drive that abut the Cypress Hollow subdivision for installation of screening landscaping in their rear yards. The proeedures aad supervising ageney as prepesed by the applieant shall be subjedet to the review aad approval of the PlaRRhig Dkeezer: io the event ne appiepriate entity is wR44Rg to aeeept the respeisib• y er stipervi~iAg the expendkur-e of the fund prier te. reeerdatieB of Final Map, the develeper shall be respexsrbie to pay the ew-ners er the 17 lets aleag Blaefield Drive that abtit the dewxslepe 4ets aleag the prepesed Ranehe Drive exteAsiaia alse kxewa as A-P; Nes 834-17141 to 87 aAd 834-111-91 to 18; up to 3;288 per let as reimbursemeit fer expenses ±Beurred ixstalRRg sereexiag laadseaplxg ix their -=ear- yards w•hieh ex-pexses may inelude landseaping desing; laAdseapixg eeatraetiag and iasta:Ratiea; er eest of plant materials: The develeper shall he respensible to disburse frem the $061;888 fund rer reimbursement elaimed iA 'Wr4ag f-er five 453 years frem reeerdatiex of Final Map.- Distribution of the Fund shall -be made as determined by the Town of Tiburon. Upon funding of the Fund, the Town shall notify in writing each owner of the Blackfield Homes advising each owner of the availability of the Fund for purposes of screening landscaping and the procedures f or obtaining a portion of the Fund. The procedures for distribution of the Fund shall be as follows: A. Any owner of any of the 17 subject lots who proposes to install screening landscaping in his,/her rear (western) yard may apply by letter to the Planning Director of the Town f or authorization to proceed pursuant to an agreed budget B. After authorization by the Town and upon proof of installation satisfactory to the Planning Director of the Town, the Town shall reimburse the applicant/owner f or such landscaping costs actually incurred (including landscaping design, landscaping contracting and installation or cost of plant materials) in an amount up to (but not exceeding) the budgeted amount for each lot owned by the applicant/owner. As compensation to the Town for administering the Fund: 1) upon recordation of the Final Map for the Project, Cypress Hollow shall pay to the Town of Tiburon the sum of FIVE THOUSAND DOLLARS ($5,000.00); and 2) interest received on the Fund shall become unrestricted funds of the Town of Tiburon s earned- In the event the Fund -s- ?EXHIBIT NO. ~ ~ 1 s OF 9 has not been exhausted within five (5) years after the date of funding and after the Town of Tiburon's good faith efforts to contact all of the owners of the Blackfield Homes who have not received payment under this procedure, any sums remaining in the Fund shall become unrestricted funds of the Town. Der)artment of Public Works 14. Prior to the submission of improvement plans and recordation of the Final Map, the applicant shall complete hydrologic/hydraulic analysis of the relevant watershed which defines any existing and/or expected drainage deficiencies and identifies potential mitigation measures shall be submitted. 15. The improvement plans shall include a detailed grading and drainage plan that incorporates the following design guidelines as found appropriate by the applicant's professional engineers and concurred in by County staff: A. All cut and fill slopes should be inclined no greater than 2:1 (horizontal to vertical) unless specifically approved by a qualified soil engineer. B. During site grading, no grading, vehicle parking or storage of construction materials shall be allowed under the drip line of trees to be retained. C. Slopes shall be- graded such that a naturally contoured appearance results. Graded slopes shall be rounded and final graded into the existing terrain. Bench or cut pad building sites shall be discouraged. Bench cuts will only be allowed when they provide substantial design benefit such as reducing house height on- slopes. Any bench cutting shall blend into the existing contours and shall not be permitted simply to provide outdoor living areas. It is the intent of this condition to require structures to be custom designed to fit the topography and minimize grading, house massing and height. D. Discharge project runoff into small drainages at frequent intervals to avoid buildup of large, potentially erosive flows. E. Reduce disturbed areas to the minimum necessary for construction. F. Keep storm water runoff velocities low. G. Keep slope lengths and gradients to a minimum. H. Design developed area to increase the "time of concentration" (time for water to pass over the site) through grading, detention areas, energy dissipators and moderate flow velocities. 16. The applicant shall be responsible to undertake the following drainage improvements. A. Pursuant to the hydrologic/hydraulic analysis and the applicable recommendations of the geotechnical consultant, channel stabilization measures shall be performed for the unnamed drainage way along the westerly side of the property. B. Pursuant to the hydrologic/hydraulic analysis relevant to the "West Ditch" drainage system and the Tiburon Boulevard culvert and Cecilia Way culvert crossing, the applicant shall: E)=IT T 6 f, v F 9 I) Pay $60,000 to the Flood Control District #4 in-lieu of undertaking off-site drainage work; and 2) Provide to Flood Control District #4 no later than April 15, 1989, plans, specifications, and estimates f or construction of the box culvert f or the West Ditch at Cecilia Way. 17. All grading and site preparation shall be performed under the direct observation of a qualified soils engineer. Provide slope reconstruction as determined appropriate using terraced excavation covered by compacted fill, buttressed and subdrained. 18. Immediately after grading, each building site shall be checked for expansive soils. Where expansive soils.are found, they shall be replaced with non-expansive engineered fill prior tb building construction. Alternative solutions to correcting expansive soil conditions may be recommended by the applicant's professional engineers and may be substituted subject to approval by Department of Public Works. 19. For development on each individual lot, additional subsurface investigations and engineering analysis shall be performed to develop recommendations regarding site grading and other items related to building foundations and site specific drainage as project plans for housing construction are developed. 20. The slide area located in the northerly portion of Lot 29 shall be reviewed by a geotechnic consultant to determine if any additional measures are necessary to insure protection of the surrounding area from possible slide reactivation. Any required measures shall be implemented through improvement plan construction. 21. The Vesting Tentative Map shaI4 be revised to shows a non-access easement for the following areas: A. the south easterly lot lines of lots 31 to 49 39 so that access to these lots is from Monterey Drive only; B. the northerly lot line of Parcel K; C. the easterly lot line of Lots 23 axd 39 22 and 23 along Rancho Drive; D. the entire north westerly side of Monterey Drive (includes lot lines in Lots 40, 41, 42, 43; and 45 44, and Parcel L) except for approximately 100 f e e t of frontage for Lot 44 immediately northerly of the shared driveway access; E. the rear property lines of Lots 1-7 and 9 where these lots abut the remainder Parcel B. 22. The applicant shall be responsible for the installation of the following traffic control improvements: A. a "Tee Intersection" warning sign on the eastern approach on Bay Vista Drive prior to the intersection of Bay Vista Drive and Cypress Hollow Drive. B. a stop sign at the west end of Cypress Hollow Drive. C. A stop sign at the south end of Monterey Drive. _7_ E=BIT NO J6 -7 UP 9 D. striping a double yellow line on Bay Vista Drive in the vicinity of the intersection of Cypress Hollow Drive and Bay Vista Drive. The exact location and extent of striping shall be approved by the County Traffic Engineer. E. The paving section of Bay Vista Drive shall be widened to 30 f eet from where it currently narrows and northerly past the new intersection of Cypress Hollow Drive. The extent of the widening shall be determined by the County Traffic Engineer, but shall be generally limited to the subdivision boundary along Bay Vista Drive. These traffic improvements shall be shown on the improvement plans and shall be subject to final review and approval by DPW prior to recordation of the Final Map. 23. Prior to or in conjunction with the improvement plans for the subdivision, the applicant shall prepare detailed erosion and sedimentation control plans for the construction period and permanent erosion and sedimentation control plans for the period after construction for review and approval by the County and Flood Control District. The construction erosion and sedimentation control plans shall include the following design guidelines as found appropriate by the applicant's professional engineers and concurred in by County staff: A. Avoid open face cuts and extensive clearing/grading operations during the critical wet weather period of the year (commonly mid-October through mid-March). B. Keep runoff away from disturbed areas during construction. C. Stabilize ",disturbed areas" as quickly as possible, either by vegetative or mechanical methods. D. Trap sediment before it leaves the site with such techniques as check dams, sediment ponds, or siltation basins. Construction on the site shall be done in compliance with the approved construction erosion and sedimentation control plan and the permanent erosion and sedimentation control plans shall be incorporated into the subdivision improvement plans. 24. In conjunction with the erosion and sedimentation control plans required in Condition # 23, the applicant shall provide a model construction erosion and sedimentation control plan for development on individual lots. The plan shall be subject to review and approval by the Planning Department and Department of Public Works and shall be incorporated to the extent appropriate on individual lots as conditions for Design Review approvals within the subdivisions. 25. Remove channel debris to restore the original drainage channel located in the southwest portion of the subdivision to provide for unimpeded drainage flow. 26. Prior to issuance of building permits for residential and accessory structures, all applicable school district fee requirements shall be complied with. Alto Richardson Bay Fire Protection District 27. The development plans for house construction on individual lots shall fulfill the following design requirements: EXHIBIT N0. 6 -s- f F Of- ~ A. Where the average ground slope on any side of a structure exceeds 15% , a three foot wide hard surface path shall be provided. B. Where the slope of a lot exceeds 30~ , hard surface steps shall be provided. C. Spark arrestors shall be provided (opening not larger than 1/2 inch (iron mesh)). Tree branches shall be kept 10_feet away from fire place chimney outlets. D. Provide smoke detectors. The detectors shall receive their primary power from the building wire (commercial source). E. Each house shall have the street address clearly posted in numbers that contrast to their backgrounds. F. Class A fire resistant roofing materials shall be used for all structures. Parifir RP11 28. A 10 foot wide public utilities easement shall be provided within the proposed road rights- of -way. Marin Municipal Water District 29. Prior to recordation of final map, the applicant shall enter into a pipeline extension easement with Marin Municipal Water District and shall guarantee necessary project improvements and water service for all proposed residential lots. 30. Low flow water fixtures shall be utilized in all house construction. Richardson Bav Sanitary District 31. Prior to recordation of Final Map, the applicant shall enter into an agreement with Richardson Bay Sanitary district to provide for the extension of the sanitary sewer facilities and provision of sewer connections for the Cypress Hollow Subdivision. PPASSED AND ADOPTED at a regular meeting of th*e Board of Supervisors of the County of Marin, State of California, on the 13th day of September , 1987, by the following vote to- wit: AYES: Super visors: Gary Giacomini, Bob Stockwell, Harold Brown, Al Aramburu ?NOES: Supervisors: None ABSENT: Supervisors: Bob Roumiguier CHAIRMAN OF THE BOARD OF SUPERVISORS COUNTY OF MA RIN ATTEST: -7 Z~ Margaret Council Clerk of the Board EX=IT NO.. F. q 0~pq ,f To: From: Mayor and Members of the Town Council Community Development Department Town Council Meeting October 17, 2012 Agenda Item: Py -2 Subject: Recommendation to Amend Title Iv, Chapter 13D of the Tiburon Municipal Code Regarding Flood Damage Prevention (Ordinance, Introduction and Reading) Reviewed By: BACKGROUND The Town of Tiburon is a member of the National Flood Insurance Program, which membership enables property owners to secure flood insurance through federal insurance programs and provides other benefits and protections. These benefits are especially important in coastal and/or bay-front communities such as Tiburon, where coastal wave effects can directly cause flood damage, and where high tides can combine with heavy fresh water flows in drainage ways to cause flooding in low-lying areas. Tiburon currently has 107 federal flood insurance policies in effect for a total coverage of $35 million. The State Department of Water Resources (SDWR), in conjunction with the Federal Emergency Management Agency (FEMA), periodically reviews the flood damage prevention-related ordinances of cities and counties to ensure conformity with the latest state and federal regulations. The Town received its most recent review in June 2012, with the findings set forth in a letter from the SDWR dated August 30, 2012 (see Exhibit 1). Among the findings is direction to revise the Town's flood damage regulations to remain compliant with current provisions of Title 44 of the Code of Federal Regulations. ANALYSIS The amendments propose to: ➢ Add definitions for Coastal High Hazard Area and Flood Insurance Study ➢ Amend existing definitions for Special Flood Hazard Area, Mean Sea Level, and Water Surface Elevation ➢ Update the Town's flood insurance study, mapping, and flood zone references to reflect the most recent federal documents ➢ Amend the duties of the floodplain administrator for the Town to include additional items ➢ Amend the standards for subdivisions, manufactured homes, and recreational vehicle sections to reflect current federal regulations TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 ➢ Add a coastal high hazard areas standards section ➢ Slightly modify the variance section The proposed ordinance (Exhibit 2) would make those changes. None of the proposed amendments would make substantial changes in the standards or application of the Town's flood regulations, and all are necessary to bring the Town's flood damage prevention regulations into compliance with federal regulations for the National Flood Insurance Program. A redlined version of the Town's current flood damage regulations incorporating the proposed revisions is attached as Exhibit 3. Added text is shown as double-underlined while text to be deleted in FINANCIAL IMPACT There is no direct 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. 3. Schedule the ordinance for adoption at the November 7, 2012 Town Council meeting. Exhibits: 1. Letter from State Water Resources Board dated August 30, 2012. 2. Draft Ordinance. 3. Redlined Version of Current Tiburon Flood Regulations showing proposed revisions. Prepared By: Scott Anderson, Director of Community Development:. STATE OF CALIFORNIA- CALIFORNIA NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF WATER RESOURCES NORTH CENTRAL REGION OFFICE 3500 INDUSTRIAL BOULEVARD WEST SACRAMENTO, CA 95691 August 30, 2012 Ms. Margaret Curran Town Manager Town of Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, California 94920 Dear Ms. Curran: 4~• RECEIVED t~ r SEP - 4 2 012 PLANNING DIVISION Thank you for the cooperation and courtesy your staff extended to Mr. Ray Lee of the Department of Water Resources' (DWR) North Central Region Office during their meeting on June 13, 2012 to discuss the Town of Tiburon's (Town) responsibility in the National Flood Insurance•Program (NFIP). Mr. Lee reported that the meeting was informative and will assist the Town with the proper implementation of the NFIP. The meeting, combined with previous involvement with the community, allowed DWR staff to review the Town's floodplain management regulations and enforcement practices. Based on meetings and review, the enclosed Community Assistance Visit (CAV) report was prepared and is provided for your consideration. As of May 31, 2012, Federal Emergency Management Agency (FEMA) records show that there are 107 flood insurance policies in force in the Town, for a total coverage of $35 million. To date, there are 36 flood loss claims on file. Our review of the Town's floodplain management regulations identified the need to update language and definitions to include provisions in Title 44 of the Code of Federal Regulations (CFR) to remain compliant with the NFIP. We recommend that staff review Part 60.3 of Title 44 of the CFR and update the Town's regulations. An electronic copy of the 2006 California Model Ordinance was previously provided to the Town for guidance. To ensure the'Town is in full compliance with the NFIP regulations, it is necessary that Town staff perform the following action by November 30, 2012: • Submit a draft copy of your community's revised Flood Damage Prevention Ordinance that meets or exceeds the minimum NFIP requirements as specified in Title 44 of the CFR, Sections 59, and 60.3 through 60.6 to DWR for review. Details of the deficiencies are described in the Floodplain Mana ement Regulations, Section 2[1] on page two of the enclosed CAV report. EXHIBIT NO. I Ms. Margaret Curran Page 2 It is important to circulate this report to all Town staff who attended the CAV meeting and other staff who are involved in floodplain management. The findings in the CAV report are intended to help improve community compliance with floodplain management regulations. The report is not intended to be a comprehensive examination of the Town's implementation of the NFIP. It is the responsibility of the local community to read, understand, and implement the NFIP requirements specified in Title 44 of the CFR. If you have any questions or require further information, please contact Mr. Ray Lee at (916) 376-9638. Sincerely, Eric Hong, Chief North Central Region Office Enclosure(s) cc: (see attached) cc: /"Mr. Scott Anderson Community Development Department Director Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Mr. Fred Lustenberger Building Official Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Mr. Nick Nguyen Public Works Director/Town Engineer Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Mr. Michael Hornick Federal Emergency Management Agency 1111 Broadway, Suite 1200 Oakland, California 94607 R-11-7ni FEDERAL EMERGENCY MANAGEMENT AGENCY COMMUNITY ASSISTANCE VISIT REPORT SECTION 1. NAME OF COMMUNITY 2. STATE: 3. COMMUNITY ID NUMBER: 4. COUNTY: Town of Tiburon California 060430 Marin 5. VISIT CONDUCTED BY: 6. AGENCY: 7. DATE OF VISIT: Ra Lee Department of Water Resources June 13, 2012 SECTION I°I 8. NAME OF LOCAL OFFICIAL: 9. TELEPHONE NUMBER: Scott Anderson, Director of Community Development (415) 435-7392 10. ADDRESS OF LOCAL OFFICIAL: 1505 Tiburon Boulevard, Tiburon, CA. 94920 SECTION III - FINDINGS PART A RESPONSE QUESTIONS - Select appropriate response Serious Minor None 1. Are there problems with the community's floodplain management regulations? X 2. Are there problems with the community's administrative/enforcement x procedures? - 3. Are there engineering or other problems with the maps or Flood insurance x Study? 4. Are there any other problems in the community's floodplain management x program? 5. Are there problems with the Biennial Report data? YES X NO 6. Are there any programmatic issues or problems identified? YES X NO 7. Have structures been identified as being in violation? (Check appropriate category below.) A potential violation or violations has/have been identified. X No violations have been identified. Actions are being taken on the part of the community to remedy the violation(s) identified during the CAV. FLOODPLAIN MANAGEMENT PROGRAM COMMUNITY ASSISTANCE PROGRAM Town of Tiburon PART B - NARRATIVE 1. Background: The Town of Tiburon (Town) is located on the Tiburon Peninsula at the western edge of San Francisco Bay, approximately 4 miles north of San Francisco. Flooding in the Town results from the following drainage areas: Tiburon downtown drainage, and Reeds 1, 2 drainage areas. Other flooding in the community results from high tides inundating the shoreline areas along Richardson Bay located near the Trestle Glen Outfall Drain. The Town entered the regular phase of the National Flood Insurance Program (NFIP) on May 16, 1977. As of May 31, 2012, Federal Emergency Management Agency (FEMA) records show that there are 107 flood insurance policies in force in the Town, for a total coverage of $35 million. To date, there are 36 flood loss claims on file. The Town's population estimates for 2011 and 2012 are 8,969 and 9,059, respectively. 2. Reference Part A, Questions 1-6: [1] Floodplain Management Regulations: The Town's Flood Damage Prevention Regulations are located in ordinance 460 N.S., Chapter 13D of the Town's Municipal Code. The Town's ordinance meets the minimum intent of the NFIP requirements; however, after further review of the Town's requirements, Department of Water Resources (DWR) staff found that modifications are needed to comply with Title 44 of the Code of Federal Regulations (CFR). At a minimum, Town staff needs to ensure the following language (in bold print) is updated and incorporated into various sections of their requirements to remain compliant. DWR staff provided the Town staff with an electronic copy of the 2006 California State Model Ordinance as guidance. The following language needs to be updated and incorporated into Article I, General Provisions, Section 13D-2, Definitions: "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1 430, VE, or V. 2 "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Special flood hazard area .(SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FH BM or FI RM as Zone A, AO, Al -A30, AE, A99, AH, VI 430, VE or V. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. The following language needs to be updated and incorporated into Article ll, Administration, Section 13D-11, Duties and Responsibilities of the Floodplain Administrator, Permit Review: 2. Base Flood Elevation changes due to physical alterations:- a. Within 6 months of information becoming available or project completion; whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map'Revision (LOMB). b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. 3 The following language needs to be updated and incorporated into Article III, Standards of Construction, Section 13D-17, Standards for Subdivision: All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall 1. Identify the, Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE). 2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans. 3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer-or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator: a. Lowest floor elevation. b. Pad elevation. c. Lowest adjacent grade. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. The following language needs to be updated and incorporated into Article III, Standards of Construction, Section 13D-21, Standards for Coastal High Hazards Areas : COASTAL HIGH HAZARD AREAS: Within coastal high hazard areas, Zones V, V1-30, and VE, as established under Section 13DA the following standards shall apply: A. All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water,loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. B. All new construction and other development shall be located on the landward side of the reach of mean high tide. C. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 1313-2 of this ordinance. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage. D. Fill shall not be used for structural support of buildings. E. Man-made alteration of sand dunes which would increase potential flood damage is prohibited. . F. The Floodplain Administrator shall obtain and maintain the following records: 1. Certification by a registered engineer or architect that a proposed structure complies with Section 13D-21; and 2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. 5 The following language needs to be incorporated into Article IV, Section 13D-22(e), Variance Procedure, Conditions for Variances: 6. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25-for $100 of insurance coverage, and Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Marin County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. [2] Administrative and Enforcement Procedures: The Town's permitting process appears to facilitate compliance with NFIP requirements. Building applications are routed through the Town's Planning Department, where they undergo separate planning design review and building review. The initial floodplain determination is made during the design review process. Following design review, applications are forwarded through the building review process. During this review the building requirements are placed on the application including, if necessary, the floodplain management building requirements. The following development was observed during the June 13, 2012 field inspection and required compliance documentation: , • 25 and 39 Main Street: Commercial Development, Flood Insurance Rate Map (FIRM) Panel 0527 D, VE (9) flood zone. City staff needs to supply DWR with the following compliant documentation: (1) permit number, (2) date of construction, (3) flood zone, (4) BFE, (5) as-built lowest floor elevation, (6) market value, (7) improvement value, (8) percent of improvement or a completed Elevation Certificate with a certification stamp from a registered engineer in accordance with Title 44 of the C_ FR, Part 60.3 (e) and Sections 13D-12 through 13D-.15 of the Town's requirements. RESOLVED On June 18, 2012, Town staff provided permit history report for 25 and 39 Main Street. No substantive permits were issued for 25 Main Street. However, for 39 Main Street, the buildinq official made a determination that the $100,000-valuation permit issued in 2002 for improvements constituted less than "substantial improvement" for the structure. 6 [3] Digital Flood Insurance Rate Map (DFIRM) and Flood Insurance Study (FIS): The Town of Tiburon is currently using the DFIRMs and accompanying FIS dated May 4, 2009. FEMA is using BakerAECOM to perform coastal engineering analyses to complete new detailed analyses of the Central Bay of San Francisco Bay and will review the North Bay coastal analyses and mapping, in total encompassing all or a portion of the bay shoreline areas within eight counties: Marin, Sonoma, Napa, Solano, Contra Costa, Alameda, San Mateo, and San Francisco Counties. For more information regarding~the Bay Study go to: http://www.r9map.org/Pages/IndividualStory.aspx?storylD=58# [4] Floodplain Management Program: Town representatives are commended for having a proactive floodplain management program. We recommend that the Town participate in the Community Rating System (CRS) program, which is a part of the NFIP. When communities exceed the minimum standards for floodplain management, the CRS can provide discounts of up to 45 percent of policyholders' flood insurance premiums. For more information regarding this program, contact David Arkens with the Insurance Service Office at (702) 485-3345 or email: dmarkensa-iso.com . I have also provided below a "What If' sheet which provides estimates of what the community could save by participating in the CRS program. CRS What-If Community: TIBURON, TOWN OF State: CALIFORNIA County: MAHN COUNTY CID: 060430 Current CRS Class = 10 TOTAL ' ` SFHA ' X- PRP.~** STD/AR/A99 PIF 110: 37 14 59 PREMIUM $167,2071 $123,467 $21,032; $22,708 'AVERAGE PREMIUM $1,520 $3,337: $1,502 $385 CRS Class _ 09.:°. ~Per~Policy . ; $66 $167 $75 $0 `Per Community $7,225 $6,173 $1,052 $0. 08 : Per Policy $122 $334 $75 $0 Per Community $13,398 $12,347 $1,052: $0 07 Per Policy $178 $501 $75 $p 'Per Community $19,572 $18,520 $1,052 $0 06 ;Per Policy $244 $667 $150 $0 .Per Community $26,797 $24,693 $2,103: $0 05 Per Policy $300 $834 $150 $0; Per'Community $32,970 $30,867 $2,103 $p_. 04 Per Policy $356 $1,001 $150' $0 7 Per Community $39,143 $37,040 $2,103 $0 03 Per:Polioy $412 $1;168 $150 $0 'Per Community $45,312 $43,214 $2,103 $0 02 Per Policy $468 $1,335 $150 $0 Per Community $51,490 $49,387 $2,103. $0 01 Per Policy $24 . $1;502 - $150 Per t✓omniurnity $57,663 $55,560 $2,103 $Q * SHFA (Zones A, AE, Al-A30, V, VI 430, AO, and AH): Discount varies depending on class. SFHA (Zones A99, AR, ARIA, AR/AE, AR/A1-A30, AR/AH, and AR/AO): 10% discount for Classes 1 -6; 5% discount for Classes 7-9. Preferred Risk Policies are not eligible for CRS Premium Discounts. [5] Biennial Report Data: N/A [6] Programmatic Issues: N/A 3. Section 404, Hazard Mitigation Grant Pro ram: N/A 4. E.O. 11988, Floodplain Management: N/A 5. Community Action Needed: To ensure the Town is in full compliance with the NFIP regulations, it is necessary that the City provide DWR with the following for review by November 30, 2012: A draft copy of your community's revised Flood Damage Prevention Ordinance that meets or exceeds the minimum NFIP requirements as specified in Title 44, CFR, Sections 59, 60.3 through 60.6. Details of the deficiencies are described in the Floodplain Management Regulations Section 2 [1] on page two of this report. A timely response to the items above will help DWR staff to properly coordinate the matter with FEMA's Region IX office. Interview Participants: Scott Anderson, Director of Community Development Nick Nguyen, Public Works Director/Town Engineer Fred Lustenberger, Building Official Ray Lee, Department of Water Resources (NCRO) 8 ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 13D OF THE TIBURON MUNICIPAL CODE REGARDING (FLOOD DAMAGE PREVENTION) The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town Council held a public hearing on October 17, 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 in order for the Town's flood damage prevention regulations to be consistent with the latest provisions of Title 44 of the Code of Federal Regulations and in order to remain compliant with the National Flood Insurance Program (NFIP), of which the Town of Tiburon is a member. D. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. , E. The Town Council finds that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that this project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15305 and/or 15308 of the CEQA Guidelines. E~' I~ NO. Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 2. Adoption of Amendments. A. Title IV, Chapter 13D, Article I, Section 13D-2 of the Tiburon Municipal Code is amended to add the following definitions: "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. B. Title IV, Chapter 13D, Article I, Section 13D-2 of the Tiburon Municipal Code, the following definitions are amended to read as follows: "Special flood hazard area (SFHA)" means an area in the flood plain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A. AO, AR, Al-A30, AE, A99, AH, V1-V30, VE or V. "Mean sea level" means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Water surface elevation" means the height, in relation to the North American Vertical Datum (NAVD) of 1988 or other datum used on the community's Flood Insurance Rate Map, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. C. Title IV, Chapter 13D, Article I, Section 13D-4 of the Tiburon Municipal Code is amended to read as follows: 13D-4 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS), effective May 4, 2009, for Marin County, California and Incorporated Areas, and accompanying Flood Insurance Rate Maps (FIRMs), as amended or revised from time to time, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the town council by the floodplain administrator. The FIS and attendant mapping are on file at the Community Development Department, Town Hall, Town of Tiburon. Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 2 47 4 8 D. Title IV, Chapter 13D, Article II, Section 13D-11 of the Tiburon Municipal Code is 49 amended to read as follows: 50 51 13D-11 Duties and responsibilities of the floodplain administrator. 52 53 The duties and responsibilities of the floodplain administrator shall include but not be 54 limited to: 55 (a) Permit review. 56 (1) Review all development permits to determine that the permit requirements of this 57 chapter have been satisfied; 58 (2) All other required state and federal permits have been obtained; 59 (3) The site is reasonably safe from flooding; 60 (4) The proposed development does not adversely affect the carrying capacity of the 61 areas where base flood elevations have been determined but floodways have not been 62 delineated. For purposes of this chapter, "adversely affects" means that the cumulative 63 effect of the proposed development when combined with all other existing and 64 anticipated development will not increase the water surface elevation of the base flood 65 more than one foot at any point. 66 (5) Base flood elevation changes due to physical alterations: 67 a. Within 6 months of information becoming available or project completion, 68 whichever comes first, the floodplain administrator shall submit or assure that the permit 69 applicant submits technical or scientific data to FEMA for a Letter of Map Revision 70 (LOMR). 71 b. All LOMR's for flood control projects are approved prior to the issuance of 72 building permits. Building permits must not be issued based on Conditional Letters of 73 Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed 74 flood control project and land preparation as specified in the "start of construction" 75 definition. 76 c. Such submissions are necessary so that upon confirmation of those physical 77 changes affecting flooding conditions, risk premium rates and floodplain management 78 requirements are based on current data. 79 (b) Use of other base flood data. When base flood elevation data has not been 80 provided in accordance with section 13D-4, the floodplain administrator shall obtain, 81 review, and reasonably utilize any base flood elevation and floodway data available from 82 a federal, state or other source, in order to administer article III of this chapter. Any such 83 information shall be submitted to the town council for adoption. 84 (c) Whenever a watercourse is to be altered or relocated: 85 (1) Notify adjacent communities and the California Department of Water Resources 86 prior to such alteration or relocation of a watercourse, and submit evidence of such 87 notification to the Federal Insurance Administration; 8 8 (2) Require that the flood carrying capacity of the altered or relocated portion of said 89 watercourse is maintained. 90 (d) Obtain and maintain for public inspections and make available as needed: 91 (1) The certification required in section 13D-15 (a) (floor elevations); 92 (2) The certification required in section 13D-I5(b)(3) (elevation or floodproofing of Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 3 9 3 nonresidential structures); 94 (3) The certification required in sections 13D-I5(c)(1) or (2) (wet floodproofing 95 standard); 96 (4) The certified elevation required in section 13D-17(b) (subdivision standards); 97 (5) The certification required by section 13D-20 of this chapter. 98 (e) Make interpretations where needed, as to the exact location of the boundaries of 99 the areas of special flood hazards (for example, where there appears to be a conflict 100 between a mapped boundary and actual field conditions). The person contesting the 101 location of the boundary shall be given a reasonable opportunity to appeal the 102 interpretation as provided in article IV of this chapter. 103 104 (fl Changes in corporate boundaries: Notify FEMA in writing whenever the 105 corporate boundaries have been modified by annexation or other means and include a 106 copy of a map of the community clearly delineating the new corporate limits. 107 (g) Take action to remedy violations of this chapter as specified in section 1313-5, 108 herein. 109 110 E. Title IV, Chapter 13D, Article III, Section 13D-17 of the Tiburon Municipal Code is 111 amended to read as follows: 112 113 (a) All preliminary subdivision proposals shall identify the flood hazard area and the 114 elevation of the base flood. 115 (b) All final subdivision plans will provide the elevation of proposed structure(s) and 116 pads. If the site is filled above the base flood, the final pad elevation shall be certified by 117 a registered professional engineer or surveyor and provided to the floodplain 118 administrator. 119 (c) All subdivision proposals and other proposed development shall be consistent 120 with the need to minimize flood damage. 121 (d) All subdivision proposals and other development shall have public utilities and 122 facilities such as sewer, gas, electrical and water systems located and constructed to 123 minimize flood damage. 124 (e) All subdivision proposals and other proposed development shall provide adequate 125 drainage to reduce exposure to flood hazards. 126 (f) All new subdivision proposals and other proposed development, including 127 proposals for manufactures home parks and subdivisions, greater than 50 lots of 5 acres, 128 whichever in the lesser, shall: 129 (1) Identify the special flood hazard areas (SFHA) and base flood elevations (BFE). 130 (2) Identify the elevations of lowest floors of all proposed structures and pads on the 131 final plans. 132 (3) If the site is filled above the base flood elevation, the following as-built 133 information for each structure shall be certified by a registered civil engineer or 134 licensed land surveyor and provided as part of an application for a Letter of Map 135 Revision based on Fill (LOMR-F) to the floodplain administrator: 136 a. Lowest floor elevation. 137 b. Pad elevation. 138 c. Lowest adjacent grade Town of Tiburon Ordinance No. XXX N.S. Effective 442012 DRAFT Page 4 139 14 0 F. Title IV, Chapter 13D, Article III, Section 13D-18 of the Tiburon Municipal Code is 141 amended to read as follows: 142 143 13D-18 Standards for manufactured homes. 144 145 (a) All manufactured homes that are placed or substantially improved within Zones A, 146 AE, AH, AO, AR, Al-30, or A99 on the community's Flood Insurance Rate Map, on 147 sites located outside of a manufactured home park or subdivision, in a new 148 manufactured home park or subdivision, in an expansion to an existing manufactured 149 home park or subdivision, or in an existing manufactured home has incurred 150 "substantial damage" as the result of a flood shall be elevated on a permanent 151 foundation such that the lowest floor of the manufactured home is elevated to at least 152 two feet above the base elevation and be securely anchored to an adequately 153 anchored foundation system to resist flotation collapse and lateral movement. 154 (b) All manufactured homes that are placed or substantially improved on sites located 155 within Zones V , VI-30, or VE on the community's Flood Insurance Rate Map will 156 meet the requirements of Section 13D-18 (a). 157 (c) All manufactured homes to be placed or substantially improved on sites in an 158 existing manufactured home park or subdivision within Zones A, AE, AH, AO, AR, 159 A1-30, A99, V, VI-30, or VE on the community's Flood Insurance Rate Map that 160 are not subject to the provisions of section 13D-18 (a) will be elevated so that either 161 the: 162 (1) Lowest floor of the manufactured home is at least two feet above the base flood 163 elevation, or 164 (2) The manufactured home chassis is supported by reinforced piers or other foundation 165 elements of at least equivalent strength that are no less than 36 inches in height 166 above grade and be securely anchored to an adequately anchored foundation system 167 to resist flotation, collapse, and lateral movement. 168 169 G. Title IV, Chapter 13D, Article III, Section 13D-19 of the Tiburon Municipal Code is 170 amended to read as follows: 171 172 13D-19 Standards for recreational vehicles. 173 174 (a) All recreational vehicles placed on sites within Zones A, AE, AH, AO, AR, A 1- 17 5 30, A99, V or VE on the community's Flood Insurance Rate Map will comply 176 with at least one of the following: 177 (1) be on the site for fewer than 180 consecutive days, or 178 (2) be fully licensed and ready for highway use-a recreational vehicle is ready for 179 highway use if it is on its wheels or jacking system, is attached to the site only by 180 quick disconnect type utilities and security devices, and has no permanently 181 attached additions, or 182 (3) meet the permit requirements of Section 13D-9 of this chapter and the elevation 183 and anchoring requirements for manufactured homes in Section 13D-18. 184 Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 5 18 5 H. Title IV, Chapter 13D, Article III, Section 13D-20 of the Tiburon Municipal Code is 186 amended to read as follows: 187 188 13D-20 Floodways and Coastal High Hazard Areas. 189 190 (a) Floodways. Located within areas of special flood hazard established in Section 191 13D-4 are areas designated as floodways. Since the floodway is an extremely 192 hazardous area due to the velocity of flood waters which carry debris, potential 193 projectiles, and erosion potential, the following provisions apply. 194 (1) Prohibit encroachments, including fill, new construction, substantial 195 improvement, and other new development unless certification by a registered 196 professional engineer or architect is provided demonstrating that encroachments 197 shall not result in any increase in the base flood elevation during the occurrence 198 of the base flood discharge. 199 (2) If Section 13D-20(a)(1) is satisfied, all new construction, substantial 200 improvement, and other proposed new development shall comply with all other 201 applicable flood hazard reduction provisions of Article III of this chapter. 202 (b) Coastal High Hazard Areas. Within coastal high hazard areas, Zones V, VI-30, 203 and VE, as established under Section 13D-4, the following standards shall apply: 204 (1) All new residential and non-residential construction, including substantial 205 improvement/damage, shall be elevated on adequately anchored pilings or 206 columns and securely anchored to such pilings or columns so that the bottom of 207 the lowest horizontal structural member of the lowest floor (excluding the pilings 208 or columns) is elevated to or above the base flood level. The pile or column 209 foundation and structure attached thereto is anchored to resist flotation, collapse, 210 and lateral movement due to the effects of wind and water loads acting 211 simultaneously on all building components. Water loading values shall be those 212 associated with the base flood. Wind loading values used shall be those required 213 by applicable state or local building standards. 214 (2) All new construction and other development shall be located on the landward 215 side of the reach of mean high tide, unless it complies with all standards of the 216 Flood Resistant Construction provisions as set forth in the current California 217 Building Code and/or the current California Residential Code for construction in 218 coastal high hazard areas. 219 (3) All new construction and substantial improvement shall have the space below 220 the lowest floor free of obstructions or constructed with breakaway walls as 221 defined in Section 13D-2 of this chapter. Such enclosed space shall not be used 222 for human habitation and will be usable solely for parking of vehicles, building 223 access or storage. 224 (4) Fill shall not be used for structural support of buildings. 225 (5) Man-made alteration of sand dunes which would increase potential flood 226 damage is prohibited. 227 (6) The floodplain administrator shall obtain and maintain the following records: 228 a. Certification by a registered engineer or architect that a proposed structure 229 complies with Section 13D-20; and 230 b. The elevation (in relation to mean sea level) of the bottom of the lowest Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 6 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. 1. Title IV, Chapter 13D, Article IV, Section 13D-22(e) of the Tiburon Municipal Code is amended to read as follows: (e) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Marin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 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 published in the Town of Tiburon. 267 This Ordinance was introduced at a regular meeting of the Town Council of the Town of 268 Tiburon on , 2012, and was adopted at a regular meeting of the Town 269 Council of the Town of Tiburon on , 2012, by the following vote: 270 271 272 AYES: COUNCILMEMBERS: 273 274 NOES: COUNCILMEMBERS: 275 276 ABSENT: COUNCILMEMBERS: Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 7 277 278 279 280 281 282 283 284 285 286 287 288 JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: IPlanninglRegulationslFlood Ordinance flood ordinance amendments 10-20120.doc Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 8 Chapter 13D Sections: FLOOD DAMAGE PREVENTION Article I. General Provisions 13D-1 Statutory authorization, findings of fact, purpose and methods. 13D-2 Definitions. 13D-3 Lands to which this chapter applies. 13D-4 Basis for establishing the areas of special flood hazard. 13D-5 Compliance. 13D-6 Abrogation and greater restrictions. 13D-7 Interpretation. 13D-8 Warning and disclaimer of liability. Article II. Administration 13D-9 Establishment of development permit. 13D-10 Designation of the floodplain administrator. 13D-11 Duties and responsibilities of the floodplain administrator. Article III. Standards of Construction 13D-12 Standards of construction- Generally. 13D-13 Anchoring. 13D-14 Construction materials and methods. 13D-15 Elevation and floodproofing. 13D-16 Standards for utilities. 13D-17 Standards for subdivisions. 13D-18 Standards for manufactured homes. 13D-19 Standards for recreational vehicles. 13D-20 Floodways and Coastal High Hazard Areas. Article IV. Variance Procedure 13D-21 Appeal board. 13D-22 Conditions for variances. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 1 E71" 71DII No. Article I. General Provisions 13D-1 Statutory authorization, findings of fact, purpose and methods. (a) Statutory authorization. The Legislature of the state of California has in Government Code sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the town council of the Town of Tiburon does ordain as follows in this chapter. (b) Findings of fact. (1) The flood hazard areas of the Town of Tiburon are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (c) Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, trees, and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and (8) To insure that those who occupy the areas of special flood hazard assume responsibility for their actions. (d) Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (4) Controlling filling, grading, dredging and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 2 13D-2 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. "Area of special flood hazard." See "Special flood hazard area." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an oven coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone VIN30, VE, or V. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Flood Insurance Study" means the official report provided by the Federal a Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of floodwaters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, and/or (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 3 "Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding"). "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations, pursuant to Section 13D-10. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent lands areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Hardship" as related to Article IV, Variance Procedure, of this chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The Tiburon Town Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere of put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is 1) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements of individual listing on the National Register; 2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an Redlined version showing Proposed Flood Damage Provisions 10-4-2012 4 approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs. "Lowest Floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "Basement") is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 National eede ie Veffiea Dat- m (NGVD 6~ 1929) or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New Construction" means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One hundred year flood" or "100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Principal Structure" means a structure used for the principal use of the property as distinguished from an accessory use. "Public Safety and Nuisance" as related to Article IV, Variance Procedure, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational Vehicle" means a vehicle which is 1) Built on a single chassis; 2) 400 square feet or less; 3) designed to be self-propelled or permanently towable by a light-duty truck; and 4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure Redlined version showing Proposed Flood Damage Provisions 10-4-2012 5 or other affected development from flood damages, implementing the environment provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Special flood hazard area (SFHA)"means an area in the flood plain subject to a 1 percent or grater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AR, Al-A30, AE, A99, AH, VIN30, VE or V "Start of Construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for abasement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwellings units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial Improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either 1) any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. "Water Surface Elevation" means the height, in relation to the North American Vertical Datum (NAVD) of 1988 or other datum used on the community's Flood Insurance Rate Man, of floods of various magnitudes and frequencies in the floodnlains of coastal or riverine areas. National Gee GVD) O , 929 (^r O*he Redlined version showing Proposed Flood Damage Provisions 10-4-2012 6 "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 13D-3 Lands to which this chapter applies. This chapter shall apply to all territory within the corporate limits of the Town of Tiburon. 1313-4 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study" (FIS), effective May 4, 2009, for Marin County, California and Incorporated Areas; and accompanying Flood Insurance Rate Mans (FIRMs)* as amended or revised from time to time, are hereby adopted by reference and declared to be a wart of this chapter. wed Neveniber- 1976~ for- the Gity ef Tibufen and aeeempanying Reed hnsufanee Rate Maps , This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the Town Council by the Floodplain Administrator. The study and FIRMs are on file at the Tiburon Town Hall, Planning. Department, 1505 Tiburon Boulevard, Tiburon, California. 13D-5 Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter ,and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute an infraction. Nothing herein shall prevent the town council from taking such lawful action as is necessary to prevent or remedy any violation. 13D-6 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 13D-7 Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit or repeal any other powers granted under state statutes. 13D-8 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 7 This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Tiburon, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. Article II. Administration 13D-9 Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazards established in section 1313-4. Application for development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (a) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (b) Proposed elevation in relation to mean sea level to which any structure will be flood-proofed; (c) All appropriate certifications listed in section 13D-11(d) of this chapter; and (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 1313-10 Designation of the floodplain administrator. The town engineer is appointed to administer and implement this chapter by granting or denying development permits in accordance with its provisions. 1313-11 Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include but not be limited to: (a) Permit review. (1) Review all development permits to determine that the permit requirements of this chapter have been satisfied; (2) All other required state and federal permits have been obtained; (3) The site is reasonably safe from flooding; (4) The proposed development does not adversely affect the carrying capacity of the areas where base flood elevations have been determined but floodways have not been delineated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than ofie foot at any point. (5) Base flood elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMRI. b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Redlined version showing Proposed Flood Damage Provisions 10-4-2012 $ Conditional Letters of Man Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. c. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodnlain management requirements are based on current data. (b) Use of other base flood data. When base flood elevation data has not been provided in accordance with section 13D-4, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer article III of this chapter. Any such information shall be submitted to the town council for adoption. (c) Whenever a watercourse is to be altered or relocated: (1) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (2) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. (d) Obtain and maintain for public inspections and make available as needed: (1) The-certification required in section 13D-15(a) (floor elevations); (2) The certification required in section 13D-15(b)(3) (elevation or floodproofing of nonresidential structures); (3) The certification required in sections 13D-15(c)(1) or (2) (wet floodproofing standard); (4) The certified elevation required in section 13D-17(b) (subdivision standards); (5) The certification required by section 13D-20 (e) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in article IV of this chapter. (f) Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a cony of a map of the community clearly delineating the new corporate limits. (g) Take action to remedy violations of this chapter as specified in section 13D-5, herein. herein.. Article III. Standards of Construction 13D-12 Standards of construction- Generally. In all areas of special flood hazards the following standards are required as set out in sections 13D-13 through 13D-20. 13D-13 Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. (b) All manufactured homes shall meet the anchoring standards of section 13D-18. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 9 13D-14 Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and using methods and practices that minimize flood damage. (b) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 13D-15 Elevation and floodproofing. (a) New construction and substantial improvement of any structure shall have the lowest floor, including the basement, elevated at least two feet above the base flood elevation. (b) Nonresidential construction shall either by elevated in conformance with subsection (a) of this section or together with attendant utility and sanitary facilities: (1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (3) Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certifications shall be provided to the floodplain administrator. (c) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) Either a minimum of two openings having a total new area of not less than one square inch for every square foot of enclosed area subject to- flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (d) Manufactured homes shall also meet the standards in section 13D-18. 13D-16 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. ` 13D-17 Standards for subdivisions. (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 10 (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and construction to minimize flood damage. (e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. (fl All new subdivision proposals and other proposed development, including proposals for manufactures home parks and subdivisions, greater than 50 lots of 5 acres, whichever in the lesser, shall: (1) Identify the special flood hazard areas (SFHA) and base flood elevations BFE . (2) Identify the elevations of lowest floors of all proposed structures and pads on the final plans. (3) If the site is filled above the base flood elevation, the following-as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the floodplain administrator: a. Lowest floor elevation. b. Pad elevation. c. Lowest adjacent grade 1313-18 Standards for manufactured homes. (a) All manufactured homes that are placed or substantially improved within Zones A AE. AR AO. AR. AI-30, or A-99 Al 30, on the community's Flood Insurance Rate Map, on sites located outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home has incurred "substantial damage" as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least two feet above the base elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement. (b) All manufactured homes that are placed or substantially improved on sites located within Zones V, VI-30 on the community's Flood Insurance Rate Map will meet the requirements of Section 1313-18 (a). (c) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A AE, AIL AO. AR. Al-30, A-99, V. VI-30, or VE A! 30 on the community's Flood Insurance Rate Map that are not subject to the provisions of section 1313-18 (a) will be elevated so that either the: (1) Lowest floor of the manufactured home is at least two feet above the base flood elevation, or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 13D-19 Standards for recreational vehicles. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 11 (a) All recreational vehicles placed on sites within Zones A. AE, AH, AO. AR. A1- 30. A-99. V, VI -30, or VE Al 30 on the community's Flood Insurance Rate Map will either: (1) be on the site for fewer than 180 consecutive days, (2) be fully licensed and ready for highway use-a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or (3) meet the permit requirements of Section 13D-9 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 13D-18. 13D-20 Floodways and Coastal High Hazard Zones. (a) Located within areas of special flood hazard established in Section 13D-4 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply. (1) Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge. (2) If Section 13D-20(a)(1) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Article III of this chapter. (b) Coastal High Hazard Areas. Within coastal high hazard areas; Zones V, VI 30, and VE, as established under Section 13D-4, the following standards shall apply: (1) All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building comnonents. Water loading values shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. (2) All new construction and other development shall be located on the landward side of the reach of mean high tide, unless it complies with all standards of the Flood Resistant Construction provisions as set forth in the current California Building Code and/or the current California Residential Code for construction in coastal high hazard areas. (3) All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 13D-2 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, buildin access or storage. (4) Fill shall not be used for structural support of buildings. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 12 (5) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. (6) The floodplain administrator shall obtain and maintain the following records: a. Certification by a registered engineer or architect that a proposed structure complies with Section 13D-20; and b. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. Article IV. Variance Procedure 13D-21 Appeal board. (a) The town council shall hear and decide appeals and requests for variances from the requirements of this chapter. (b) The town council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination of this chapter. (c) In passing upon such applications, the town council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in time of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. (d) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1) through (11) of subsection (c) of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (e) Upon consideration of the factors of subsection (c) of this section and the purposes of this chapter, the town council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Redlined version showing Proposed Flood Damage Provisions 10-4-2012 13 (d) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 1313-22 Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (b) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (c) Variances shall be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to the public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (d) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of subsections (a) through (c) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (e) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Marin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. eleva4ien and that the eest of fleed ' ~ will be eenimensufate with the iner-eased risk Redlined version showing Proposed Flood Damage Provisions 10-4-2012 14