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TC Agd Pkt 2013-06-05 (2)
� -f /s LATE MAIL # PH-1 Dear Mayor O'Donnell, Council Members, and Town Manager Curran, RE: 4 Southridge East - File #21307 As Tiburon residents, it is essential that we preserve our unique community, tranquil environment, safe family neighborhoods, and long -term real estate values. As homeowners, nowhere is this more important than in our community's thoughtful balance of construction and development desires with our daily, quality -of -life objectives. In pursuit of such a balance, we encourage residents and local officials to develop detailed construction guidelines that respect owners' development rights, but equally, homeowners' rights to the peaceful, safe, and healthful enjoyment of existing homes and neighborhoods. Challenging issues ranging from construction noise and roadway safety, to view preservation and cost control, require that best - practices be developed and enforced. Many such issues may already be addressed adequately by existing building codes and local ordinances that have helped create the community we enjoy today; other issues may remain to be explored in greater detail, and guidelines developed, to assure that our community remains as vital in the future as it is today. One such issue that our neighborhood is facing at the present time is the early- morning start time of construction activity, including delivery of construction materials, warm -up of equipment, drop- off /pick -up of debris boxes, pump -out of portable toilets, etc. Several of our neighbors do not work outside their homes. Many are retired and elderly. We all need our homes to be places of tranquility where we can get sufficient rest and sleep. Please accept this letter of support for the development of guidelines, wherever constructive, in the hope they may complement Tiburon's existing codes, ordinances, guidelines and enforcement challenges. I hope to attend the Town Council meeting on Wednesday, June 5, and speak briefly. Should I be unavoidably detained on out -of -town business, however, I request that this letter be read into the record and made a part of it. Thank you,,f r consideration, May 31, 2013 Bob Austrian 45 Southridge West Tiburon CA 94920 (415) 794 -1199 n13 TOWN CLERK TOWN OF TIBURON To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 PROJECT DATA Mayor and Members of the Town Council Community Development Department Town Council Meeting June 5, 2013 Agenda Item: 4 Southridge East: Appeal of Site Plan and Architectural Review Approval for the Construction of a New Single- Family Dwelling, With Variances for Reduced Front Yard Setback and Excess Lot Coverage; Maureen and George Sandison, Owners; Rick and Lalita Waterman, A ellants; File #21307; Assessor's Parcel No. 034 - 243 -03 } t Address: 4 Southridge East Subdivision: Reedlands Assessor's Parcel: 034 - 243 -03 File Number: 21307 Property Owners: Maureen and George Sandison Applicant: Polsky Perlstein Architects Appellants: Rick and Lalita Waterman, 36 Southridge East Lot Size: 18,140 Square Feet Zoning: RO -2 (Single- Family Residential -Open) General Plan: Medium Density Residential Flood Zone: X (Outside 500 -year storm event) BACKGROUND On April 18, 2013, the Design Review Board approved a Site Plan and Architectural Review application for the construction of a new single- family dwelling, with variances for reduced front yard setback and excess lot coverage, on property located at 4 Southridge East. The owners of the property at 36 Southridge West (Rick and Lalita Waterman), hereinafter referred to as "appellants," have filed a timely appeal of the Board's decision. The appeal is attached as Exhibit 1. PROJECT DESCRIPTION The applicant requests approval for the construction of a new two -story single- family dwelling on property located at 4 Southridge East. The existing residence on the site, constructed in 1961, would be demolished. TOWN OF TIBURON PAGE 1 OF 5 The main level of the house would include a living room, dining room, kitchen, breakfast room, master bedroom suite, three additional bedrooms, two more bathrooms, a powder room, a laundry room and storage. The entry level above the main level would include a two -car garage, entry foyer, guest /study room and one bathroom. An elevator would connect both levels. Five skylights would be installed. A new 6 foot tall wood and wire fence would surround most of the site. The floor area of the house would be 3,813 square feet, which would be 1 square foot less than the floor area ratio for a lot of this size. The lot coverage on the site would be 3,617 square feet (19.9 %) of the site, which would be greater than the 15.0% maximum lot coverage permitted in the RO -2 zone. A variance is therefore requested for excess lot coverage. The proposed house and garage would extend to within 12 feet of the front property line. As a 30 foot front y4rd setback is required in the RO -2 zone, a variance is also requested for reduced front yard setback. REVIEW BY THE DESIGN REVIEW BOARD The Design Review Board reviewed the application on April 18, 2013 (see minutes and staff report attached as Exhibits 2 & 3). At that meeting, the property owner at 6 Southridge East raised concerns about proposed fencing and potential privacy impacts that could be caused by the removal of one tree on the property, and the applicant volunteered to modify the proposed fence to address some of these concerns. The appellants asked questions about the story poles for the project and requested that the hours of construction for the project be limited to start no earlier than 9:00 a.m. Several other residents spoke in favor of such modified construction hours. Staff also read a letter into the record from the owner of the adjacent home at 2 Southridge East requesting that the Town's current construction hours be maintained for this project. Boardmember Tollini stated at the meeting that construction hours for building permits are set by the Tiburon Municipal Code and are not within the purview of the Design Review Board. The Design Review Board reviewed the proposed house design and determined that the house fit into the scale of the property and the neighborhood and was consistent with the principles of the Hillside Design Guidelines. The Board agreed that the findings for the requested variances could be made as described in the staff report. Several Boardmembers noted the distance between the subject property and the appellants' home (approximately 300 feet) and determined that the proposed house would not create any substantive view or privacy impacts on homes in the vicinity. The Design Review Board voted 4 -0 to conditionally approve the project, adding a condition of approval incorporating the fence changes suggested by the applicant. On April 29, 2013, the appellants filed a timely appeal of this decision. BASIS FOR THE APPEAL There are two (2) grounds upon which the appeal (Exhibit 1) is based: TOWN OF TIBURON PAGE 2 OF 5 ill; n l .t11li', '[fi VC,. -0H1 �llii' }. Ground #1: The hours of construction for the project should be modified so that no construction begins earlier than 9:00 a.m. to reduce noise impacts on neighboring residents and traffic congestion on Tiburon Boulevard. Staff Response: Section 13 -6 of the Tiburon Municipal Code contains the following limits on hours of construction for projects governed by building permits: 13 -6 - Hours of construction. (a) Generally, all work covered by a permit issued under this chapter shall be performed only between the hours of seven a.m. to five p.m., Monday through Friday, and nine thirty a.m. to four p.m. on Saturday. Only quiet work is allowed to be performed on Saturdays, such that noise from any source associated with the permitted work, including but not limited to construction activity, amplified sound, and worker's voices, shall not be plainly audible beyond the property line. (b) Work covered by a permit shall not be performed on Sunday or on holidays observed by the Town of Tiburon. These holidays are New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. (c) For work covered by a permit, the arrival or departure of heavy equipment (including but not limited to concrete trucks, graders and backhoes) and /or the delivery of heavy items or materials (including but not limited to lumber, concrete, debris boxes, and portable restrooms) to a work site shall occur only on Monday through Friday between the hours of seven a.m. to five p.m. Hours of operation, maintenance, and servicing of heavy equipment shall be limited to eight a.m. to five p.m., Monday through Friday. Heavy equipment may begin engine warm up, but not actual operation, at seven -thirty a.m. (d) Exceptions. The limitations in sections 13 -6 (a) through (c) shall not apply in the following instances: (1) When prior to the commencement of any work covered by a permit issued under this chapter, the town manager grants written permission to perform work outside of the prescribed hours; (2) When work is necessary in an emergency situation to remedy or prevent damage to persons or property. Prior to the April 18, 2013 Design Review Board meeting, the appellants sought to negotiate with the applicants regarding possible limitations on hours of construction for specific activities associated with the construction of the proposed house. The suggested limitations would have been more restrictive than the Town's limits on hours of construction contained in Section 13 -6. The parties did not reach a mutual agreement regarding these limitations. TOWN OF TIBURON PAGE 3 OF 5 m 1`: InwI! cct C11t2 As part of this appeal, the appellants have requested that the Town Council impose the following limitations as conditions of approval on construction for the subject application: 1. Construction hours are limited as follows: no demolition or construction work is to commence before 9:00 a.m. This includes the arrival of construction vehicles and crews on the job site, the warm up of equipment, the delivery of construction materials, and the pick -up and drop -off of debris boxes and portable restrooms (including pump -out of portable toilets). 2. No construction vehicles are allowed to idle at the construction site or on neighboring streets. 3. Failure to comply with these conditions constitutes grounds for Town staff to immediately stop work until the matter is resolved. If a stop work order is issued, the Town may retain an independent site monitor at the expense of the applicant prior to allowing any further demolition/construction activities at the site. 4. Any work commenced or continued in violation of these conditions shall be unlawful and shall be deemed a public nuisance. The violations may be subject to additional penalties as provided in the Tiburon Municipal Code and California law. As part of this appeal, the appellants submitted signatures from 44 other Tiburon residents requesting that the Town modify its building permit construction time limits to begin work at 9:00 a.m., Monday through Friday. As of the date of this report, two additional letters (Exhibits 7 & 8) have been received in support of these modified hours of construction. Staff believes that the Design Review Board correctly determined that the Town's building permit hours of construction are not within the purview of the Board. In reviewing Site Plan and Architectural Review and variance applications, the Design Review Board is charged with reviewing applications for compliance with the requirements of the Tiburon Zoning Ordinance, including the specific requirements of Sections 16- 52.020 (Site Plan and Architectural Review) and 16- 52.030 (Variance). The Board does not have the authority to modify the provisions contained of Chapter 13 (Building Regulations) of the Municipal Code. In order to impose shortened building permit- related hours of construction for any private construction project, the Town Council would need to adopt an ordinance amending Chapter 12 of the Municipal Code following a separately noticed public hearing. Ground #2: The applicant has purchased four separate properties in Marin County in the recent past and submitted development applications for each property. Staff Response: This ground of appeal is not relevant. The Design Review Board does not make decisions based upon the economic activities of property owners. The Board's decisions are based upon a TOWN OF TIBURON PAGE 4 OF 5 i Inc 11 cctiII project's consistency with the requirements of the Zoning Ordinance and the Hillside Design Guidelines, and not upon the characteristics or activities of the property owner. CONCLUSION The Design Review Board appropriately applied the guiding principles for Site Plan and Architectural Review, the Hillside Design Guidelines, and other relevant provisions of the Zoning Ordinance in its review of this project. The limitations on hours of construction are not within the purview of the Board and the economic activities of the property owner are not germane to the review of this application. RECOMMENDATION It is recommended that the Town Council: 1) Hold a public hearing and take testimony on the appeal in accordance with the Town's adopted procedure (see attached Exhibit 5), and close the public hearing. 2) Deliberate and, if prepared to do so, indicate its intention to deny the appeal. 3) Direct Staff to return with a resolution denying the appeal for consideration at the next meeting. EXHIBITS 1. Notice of appeal 2. Design Review Board staff report dated April 18, 2013 3. Minutes of the April 18, 2013 Design Review Board meeting 4. Notice of Action and adopted conditions of approval 5. Appeal procedures 6. Application form and supplemental materials 7. Letter from Georgann Fuller, dated February 14, 2013 8. Letter from Ed Middendorf, date February 18, 2013 9. Letter from Rick and Lalita Waterman, dated April 15, 2013 10. Letter from Rick and Lalita Waterman, dated April 17, 2013 11. Letter from Moe Nobari, dated April 18, 2013 12. Letter from Edward and Marguerite Middendorf, dated April 18, 2013 13. Letter from Edwin and Valda Carter, dated May 6, 2013 14. Letter from Ellen Hall, dated May 11, 2013 15. Approved plans Prepared By: Daniel M. Watrous, Planning Manager S: AdministrationlTown CouncibStaff Reports 12013Uune S Drafts4 Southridge East appeal report.doc TOWN OF TIBURON PAGE 5 OF 5 D E C E k,F R ZU 13 TOWN CLERK TOWN OF TIBURON TOWN OF TIBURON NOTICE OF APPEAL 60 1505 Tiburon Boulevard Tiburon, CA 94920 Phone 41 5- 435 -7373 ivww. ci. Tiburoa ca. its APPELLANT(S) (Attach additional pages if necessary) Name: Rt.C-%.e_ —t` LPL-1—M Mailing Address: o �� j Telephone: 35s 1 y 6 -7 -Atmk) (Home) FAX and /or e-mail (optional): -1- A -12. -A 16hNl- , 1 X . N) ET com • CD(Yl ACTION BEING APPEALED Review Authority Whose Decision is Being Appealed: I Date of Action or Decision Being Appealed: L.i 11$ I I Name of Applicant:_ Type of Application or Decision: v -e� 't GROUNDS FOR APPEAL�� (Attach additional pages if necessary) S-P_� CL STAFF USE ONLY BELOW THIS LINE Last Day to File Appeal: Date Appeal Filed: Fee Paid, _�� Receipt No. IT Date of Appeal Hearing: -7'L�r NOTE: Current Filing Fee is $500 initial deposit for applicant and $300 flat fee for non - applicant j S: lAdministraiionTormsWoiice of Appeal form revised 3- 9- 2010.doc Revised March 2010 /l `' C' ✓� ;IiIBIT NO. _ 0 F- L' 36 Southridge West Tiburon, CA 94920 Telephone: (415) 381 -4467 E -mail: taraann @ix.netcom.com April 28, 2013 Mayor Emmett O'Donnell & Members of the Town Council Town of Tiburon, California Dear Mayor O'Donnell and Members of the Town Council, NPrt 29 ZU13 TOWN CLERK TOWN OF TIBURON Re: APPEAL OF DESIGN REVIEW BOARD ACTION Application of George F. & Maureen SANDISON - Demolition & Construction at 4 Southridge East (Reedlands) Our family has lived in Tiburon for decades. Our surgeon - daughter attended Redwood High School. We have been enthusiastic supporters of our community, our library, our parks, and our churches. Over the years, we have gone through great effort and expense in adapting our home to our physical limitations for there has never been any doubt that we, like many of our neighbors, would spend the rest of our lives in the Reedlands. While our postal address is Southridge West, our home effectively sits on Southridge East-- - uphill and unshielded. Our bedroom abuts Southridge East. Although it is insulated and fitted with double -paned windows and double -paned sliding doors, the noise and reverberations from early- morning construction vehicles on Southridge East is so severe that it jolts us awake. All bedrooms in the house are similarly situated; so, there is no other bedroom for refuge. Difficult as day -time noise can be, one has the option of leaving the house and seeking tranquility in the library or church or a movie - house. These options, unfortunately, are not feasible during sleep - hours. We have deep misgivings about the proposed project which will be less than 200 feet from our bedroom. Having recently had to live through a two - year "remodel" on Southridge East, we are concerned about the early- morning construction - related vehicle noise and beeping that we will be subjected to, Monday through Friday, for the next two to three years, and the consequent impact on our health and well- being. While the non - resident developer enjoys his repose in the seclusion of his newly -built Mill Valley home, we and our neighbors will, once again, be burdened with the horrendous early- morning noise, reverberations, dust and airborne debris, and lofty expenditures (thousands of dollars) from having to sleep in hotels. The current Tiburon ordinance allows construction activity as early as 7 a.m. whilst our sister - city, Belvedere, like other neighboring cities (Ross, Mill Valley, Sausalito, etc.), prohibits construction activity prior to 8 a.m. Belvedere and Ross, unlike Tiburon, also strictly prohibit construction work on Saturdays. For these reasons, and because our police officers are tied up with traffic control at our three local schools until 8:30 a.m., complaints about early- morning construction activity have been unfruitful, and residents' health -needs have been trampled upon by developers and their transient construction workers. 3E�r � IBIT NO. _J41AJL_ P 2 ar- Z% Appeal to Town Council - Sandison Application Page Two April 28, 2013 All construction vehicles to the proposed project at 4 Southridge East will have to drive directly below our bedroom in order to access the site. These vehicles will similarly impact many long- time, elderly residents on Cayford, Southridge Road, and Southridge East as well as those on Southridge West whose bedrooms abut Southridge East. Therefore, we urge a thoughtful balance between the developer's desires and the health and well -being of residents. We request that the following additional conditions be imposed and that they be reproduced on the cover sheet of the plans submitted for a building permit - -- this would be similar to what was required of Mr. Sandison by the Town Council of Ross (and agreed to by him) in October 2012 for his project at 84 Glenwood Avenue, Ross, Exhibit A: 1. Construction Hours are limited as follows: No Demolition or Construction work is to commence before 9:00 a.m. This includes the arrival of construction vehicles and crews on the job site, the warm up of equipment, the delivery of construction materials, and the pick- up & drop -off of debris boxes & portable restrooms (including pump -out of portable toilets). 2. No construction vehicles are allowed to idle at the construction site or on neighboring streets. 3. Failure to comply with these conditions constitutes grounds for Town staff to immediately stop work until the matter is resolved. If a Stop Work Order is issued, the Town may retain an independent site monitor at the expense of the Applicant prior to allowing any further demolition /construction activities at the site. 4. Any work commenced or continued in violation of these conditions shall be unlawful and shall be deemed a public nuisance. The violations may be subject to additional penalties as provided in the Tiburon Municipal Code and California law. In support of our request that all demolition /construction activity on Mr. Sandison's project start only after 9 a.m. , please see the attached 11 -page Petition, Exhibit B, submitted by 40 long- time neighborhood residents including: a) The Reedlands Property Owners Association's (RPOA) Unit Chairs for Southridge East and Southridge West (Ted Carter and Darryl DeVinney); b) The Senior Citizens' Liaison and President Emeritus of the RPOA, Christopher Wand; c) The President of the RPOA, Jodee Upjohn; d) Residents of Southridge Road, Southridge East, and Southridge West whose homes the construction vehicles will have to travel past in order to reach 4 Southridge East, the development site: Moe and Pervaneh Nobari, 6 Southridge East Alexander and Ladan Mortazavi, 12 Southridge East John and Colleen Silcox, 14 Southridge East Dr. David and Patty Ehsan, 16 Southridge East Susan Marshall, 20 Southridge East Effie Westervelt, 26 Southridge East Lynn Pasternak, 32 Southridge Road Jim and Melinda Triplett, 31 Southridge Road Fred and Patsy Farhood, 4 Southridge West Ted and Valda Carter, 10 Southridge West Rick and Lalita Waterman, 36 Southridge West Jim Snipes, 40 Southridge West Darryl DeVinney, 44 Southridge West l Bob Austrian, 45 Southridge West ���;-1 r BIT NO. Geoff Baylor, 47 Southridge West P 3 OF Z-(Z� Appeal to Town Council - Sandison Application Page Three April 28, 2013 TRAFFIC CONGESTION: It is well known that Tiburon Boulevard gets congested, Monday through Friday, between 7:30 a.m. and 8:30 a.m. as well as between 2:15 p.m. and 3:15 p.m. due to drop -off and pick -up at local schools. The congestion is particularly acute between Trestle Glen (east of The Reedlands) and downtown where Tiburon Boulevard narrows from a 4- lane highway to a 2 -lane highway. Also, the speed limit is reduced from 45 mph to 40 mph and 35 mph east of Reed Ranch Road. Although construction vehicles heading for Southridge East would turn off Tiburon Boulevard at Reed Ranch Road, and before getting to Trestle Glen, starting demolition /construction activity at 9 a.m. (after vehicular traffic associated with school drop -offs is finished), and encouraging transient workers to stay on the job at least until 5 p.m. (after vehicular traffic associated with school pick -ups is finished), would have the additional benefit of ameliorating traffic between the freeway and Reed Ranch Road during school bottleneck hours. RELEVANT INFORMATION ABOUT THE APPLICANT, GEORGE F. SANDISON: On 12/23/11, George F. Sandison of Houston, Texas, purchased a secluded, brand -new estate in Mill Valley, 156 Oakdale Avenue, for approx. $4,500,000.00. Within months, he purchased three additional properties: a) 84 Glenwood Avenue, Ross, on 1/24/12 for approx. $1,020,000.00. On 5/23/12, he transferred title to the property to "84 Glenwood Avenue LLC ". Thereafter, on 6/7/12, he submitted an Application to the Town of Ross for Demolition and Construction under his personal name, not that of the true owner of the property, "84 Glenwood Avenue LLC ". Polsky Perlstein architects. Exhibit C. b) 16 Escalon Drive, Mill Valley, on 3/30/12 for approx. $1,561,000.00. Around October, 2012, he filed a petition for re -model with the City of Mill Valley. Polsky Peristein architects. Exhibit D. c) 4 Southridge Easte, Tiburon, on 8/22/12 for approx. $1,000,000.00. Polsky Perlstein architects. By his own admission, Mr. Sandison has never lived a day in this house. We respect Mr. Sandison's prerogative to purchase whatever properties he wants and to develop them as he chooses; however, it is of interest that he has never been a resident of Tiburon. COMPROMISE EFFORTS: We have made considerable effort to arrive at a compromise with Mr. Sandison. We have offered to allow construction activity to go as late as 6 p.m, Monday through Friday (subject to Town Council approval). We have also offered, subject to Town Council approval, to allow Mr. Sandison a few additional weeks within which to complete his project free of penalty. Unfortunately, our overtures have been rebuffed. Exhibit E. Respectf Ily, Aq7e LAC) Rick and Lalita Waterman ** on Page Two: This Petition was a collaborative effort between several residents. Pages were circulated amongst affected residents and a few duplications resulted. Duplicate signatures have a line going through them. � = t BIT NO. October 8, 2012 Minutes ADJOURNED REGULAR MEETING of the ROSS TOWN COUNCIL on the SPECIAL DATE of MONDAY, OCTOBER 8, 2012 1. 6:00 p.m. Commencement. Present: Mayor Rupert Russell; Mayor Pro Tempore P. Beach Kuhl; Council Member Elizabeth Brekhus; Council Member Kathleen Hoertkorn; and Council Member Carla Small 2. Posting of agenda. Town Manager Rob Braulik reported that the agenda was posted according to government. 3. Minutes - September Mayor Russell asked for a motion. Council Member Small moved and Council Member Hoertkorn seconded, to approve the Regular Town Council Meeting Minutes of Thursday, September 13, 2012 as submitted. Motion carried unanimously. 4. Demands. The demands were met. 5. Open Time for Public Expression - None 6. Report from Mayor. First, I would like to congratulate our community for having donated so far over $50,000 to the Town this fiscal year, to help make up the shortfall from the loss of the Town's municipal tax following the June ballot. Having a public- spirited citizenry who care about the Town is one attribute that distinguishes this Town. We are enormously grateful to those who have donated so far. These donations do make a difference, they are sadly far from enough to bridge the gap (we are still almost $590,000 short of receipts from last year's tax), but they really help. Please keep your donations coming. Even if the tax measure passes in November, it will not affect us for another year, so we do really need these donations. We are careful stewards of your dollars and we will make every dollar count that is received. Next, I would like to give a big thank you to Liz Welsh who pulled off a miracle, without any money from the Town; she put together and held a wonderful Ross Town Picnic in our downtown. This was a special event that was blessed with good weather and a strong turn out, but was brought about through a huge and dedicated effort on the part of Liz Welsh and also those kind folks who gave to support holding the event this year. We do not live in Ross just because of the great physical attributes of our Town, such as our newly built school or our beautiful Commons, but a critical part of our joy in living here is the closeness and warmth of our community. I am sure that all those who attended the Ross Town Picnic went home feeling like their decision to live in Ross, or to continue living in Ross, is justified. There is no dollar value that you can put on this but it is real, heartfelt and tangible. Again thank you so much Liz Welsh for maintaining our spirit and insuring that a Town Picnic could still be held, in spite of , ,�, j-: ITT N®. -- - -_ -= October 8, 2012 Minutes Mayor Russell asked staff if they should identify in the future as to what level of security they need to have. Town Manager Braulik indicated staff would follow the Investment Policy adopted by the Council. Council Member Hoertkorn explained that these are all short -term, so it is fairly safe. Their risk is with the 2 million dollars in bonds coming due after 2016, so the Finance Committee will review. Council Member Small agreed with the short -term recommendation. The purpose of this discussion tonight and setting up a financial investment advisory committee is bringing a very clear direction to exactly how this money is handled. It is a commitment from the Council to Town staff and the community that it is being managed wisely. They are taking advantage of the expertise in this community and adding one more piece of transparency. Mayor Russell asked for a motion. Council Member Hoertkorn moved and Mayor Pro Tempore Kuhl seconded, to approve Investment Portfolio funds to various securities in the amount of $1,069,000. Motion carried unanimously. The Council took a short recess at 8:09 p.m. and then reconvened at 8:16 p.m. with the next agenda item. Public Hearings on Planning Applications. 16. 84 Glenwood Avenue, Design Review, Demolition and Tree Permit No. 1883 George San 94 Glenwood Avenue, A.P. No. 73- 041 -29, R -1 (Single Family Residence, 5,000 sq. ft. minimum lot size), Medium Density (6 -10 units per acre). Town Council consideration of request for a demolition permit, design review, and tree removal permit. The project includes: 1.) demolition of the existing 1,623 square foot residence and 187 square foot garage; 2.) construction of a new 1,581 square foot, 2- story, residence and attached 252 square foot garage with horizontal board siding, aluminum clad windows, painted wood railings and a composition shingle roof; 3.) driveway and parking area along the north side yard, paved with colored concrete pavers; and 4.) removal of a 16" oak tree in the north side yard. Total floor area of 1,833 square feet is proposed. Lot Area Existing Floor Area Ratio Proposed Floor Area Ratio Existing Lot Coverage Proposed Lot Coverage Existing Impervious Surfaces Proposed Impervious Surfaces 9,166 square feet 19.8% 20.0% (20% permitted) 18.8% 19.1% (20% permitted) 26.6% 17.6% Senior Planner Elise Semonian explained that the applicant has modified the project to address all concerns raised by staff. Staff believes that the project on a whole is in substantial compliance with the design review guidance and complies with the policies and programs in the Ross General Plan and that findings may be made to support the application. Staff further recommends that the Council after carefully reviewing the facts and the arguments presented �,- 9 October 8, 2012 Minutes after a public hearing, site visits, review of story poles, staff reports, correspondence, and other information contained in the project file, approve the project subject to the findings and conditions outlined in the staff report. Jared Polsky, architect, indicated that they met with the adjacent neighbor and there is no opposition. He appreciated the staff report and they are present to answer any questions. He noted that there are no variances and the ADR (Advisory Design Review) Group seemed pleased with the project. He further added that they are reducing the impervious surfaces. Council Member Small clarified with the architect that they agree with the materials board approved at the ADR meeting. Architect Polsky responded in the affirmative. Mayor Russell opened the public hearing on this item, and seeing no one wishing to speak, the Mayor closed the public portion and brought the matter back to the Council for discussion and action. The Council had no objection. Mayor Russell asked for a motion. Council Member Brekhus moved and Mayor Pro Tempore Kuhl seconded, to approve 84 Glenwood Avenue Design Review subject to the findings and conditions outlined in the staff report. Motion carried unanimously. 84 Glenwood Avenue Conditions: The following conditions of approval shall be reproduced on the cover sheet of the plans submitted for a building permit: 1. Except as otherwise provided in these conditions, the project shall comply with the plans dated September 20, 2012, approved by the Town Council on October 8, 2012. Plans submitted for the building permit shall reflect any modifications required by the Town Council and these conditions. Failure to secure required building permits and /or begin construction by October 8, 2013, will cause the approval to lapse without further notice. 2. The garage door shall be automatic. Any vehicular gates installed at the site shall also allow for automatic entry of vehicles. 3. The materials and colors approved are those that were presented to the Advisory Design Review Group and dated 8/13/12, on file with the Ross Planning Department. Modifications to the exterior materials, including changes to trim, railings, colors or siding, shall only be made with prior approval of staff, who may consult with members of the Advisory Design Review Group or refer the change to the Town Council to review. 4. No changes from the approved plans, before or after project final, including changes to the materials and material colors, shall be permitted without prior Town approval. Red -lined plans showing any proposed changes shall be submitted to the Town for review and approval prior to any change. The applicant is advised that changes made to the design during construction may delay the completion of the project and will not extend the permitted construction period. NO � 10 October 8, 2012 Minutes 20. Tree protection fencing shall be installed prior to permit issuance as recommended by the project arborist. The project arborist shall inspect the site prior to issuance of a building permit to determine if tree protection fencing has been properly installed and shall submit written confirmation to the town planner that the tree protection is in place prior to permit issuance. 21. The applicant shall be responsible for securing an encroachment permit from the Department of Public Works prior to any encroachment within a public right -of -way. 22. The plans submitted for a building permit shall include a detailed construction and traffic management plan for review and approval of the building official, in consultation with the police chief. The plan shall include as a minimum: tree protection, management of worker vehicle parking, location of portable toilets, areas for material storage, traffic control, method of hauling and haul routes, size of vehicles, and washout areas. 23. The applicant shall submit a schedule that outlines the scheduling of the site development. This should clearly show completion of all site grading activities prior to the winter storm season and include implementation of an erosion control plan. The construction schedule shall detail how the project will be completed within the construction completion date provided for in the construction completion chapter of the Ross Municipal Code (Chapter 15.50). 24. A copy of the building permit shall be posted at the site and emergency contact information shall be up to date at all times. 25. The Building Official and other Town staff shall have the right to enter the property at all times during construction to review or inspect construction, progress, compliance with the approved plans and applicable codes. 26. Inspections shall not be provided unless the Town - approved building permit plans are available on site. 27. Working Hours are limited to Monday to Friday 8:00 a.m. to 5:00 p.m. Construction is not permitted at any time on Saturday and Sunday or the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. If the holiday falls on a Sunday, the following Monday shall be considered the holiday. If the holiday falls on a Saturday, the Friday immediately preceding shall be considered the holiday. Exceptions: 1.) Work done solely in the interior of a building or structure which does not create any noise which is audible from the exterior; or 2.) Work actually physically performed solely by the owner of the property, on Saturday between the hours of 10:00 a.m. and 4:00 p.m. and not at any time on Sundays or the holidays listed above. (RMC Sec. 9.20.035 and 9.20.060). 28. Failure to comply in any respect with the conditions or approved plans constitutes grounds for Town staff to immediately stop work related to the noncompliance until the matter is resolved. (Ross Municipal Code Section 18.39.100). The violations may be subject to additional penalties as provided in the Ross Municipal Code and State law. If a stop work order is issued, the Town may retain an independent site monitor at the expense of the property owner prior to allowing any further grading and /or construction activities at the site. 29. Materials shall not be stored in the public right -of -way. The project owners and contractors shall be responsible for maintaining all roadways and right -of -ways free of their 0-F 2 PE)') r C G V rt, p', uu 3 tj 36 Southridge West ' .,L Tiburon, CA 94920 TOWN CLERK Telephone: (415) 381 -4467 TOWN OF TIBURON May 1, 2013 Emmett O'Donnell, Mayor Town Council Members Doyle, Fredericks, Fraser and Collins Peggy Curran, Town Manager Town of Tiburon Dear Mayor O'Donnell, Members of the Town Council and Madam Town Manager: Re: Residents' Petition re. Modification of Tiburon Ordinance 13 -6 (Hours of Construction) Enclosed you will find a collaborative Petition from 44 residents of the Reedlands. In light of the impact on residents' health and well- being, we ask that this matter be placed on the Town Council's Agenda at the earliest. Sincerely, Rick Waterman "This Petition was a collaborative effort between several residents. Pages were circulated amongst residents and a few duplications resulted. Duplicate signatures have been eliminated by a line going through them. JAW �To._.. ? , cf 6C 2 � To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival 9t crews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic cong?stion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at our schools. Name, Residence Address & Date: CJ,� UJ N G DwL� r . 64 R r � K i 11 6A, L Spu 1-1^4, I^i4�Cr ti /gel 2,015 �lr�fl3 � 7 r+ pva� we4�- i _ a IO,� To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival of crews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at our schools. Name, Residence Address & Date: 4�JTV 0�41tll 16 So u L-Rs-r //VO 66"e-1, ftsl- V. (t To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival of crews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at our schools. Name, Residence Address & Date: .T z of �� To; Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re; Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival 9t crews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at pur schools. J( q 7! WA Name, Residence Address &Date: ra c �i- om (7L / / % ` iAlff#W H/lal20r5 le)) o� q7 . 1 4 ,, �� . zA ____ P. <3 o�z� J o� 4A 7'e"eoae� dip To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival of crews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at our schools. Name, Residence Address & Date: M , t�A-.,J /--,, o 1,rT YVX rA VV lab CA 4 �ITT/ 2Di-5 4/Z-7/5 tcAd,,XA 41-,�,�l 13 �6 (_�Lf i Cect�1Ct CA _ 277 P, I (t 6 F 24o To: M ayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: \N/ork Hours for Residential Demolition /'Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be comet enced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival of crews on job site, the warm up of equip rnent, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.rn. that is caused by student drop -off at our schools. Name, Residepize Address & Date: April 231 2013 Bob Austrian 45 Southridge West Tiburon CA 94920 r s,-� � psi 1 T P. (S o F � To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival of crews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at our schools. Name, Residence Address & Date: F� i T() P- (� 61 zco To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival gtcrews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at our schools. Name, Residence Address & Date: 7 0i 1A 7 .Twines C-� � L �o 'LFy 'SG�1 lJEs<-J-- 4I �q � 41,n ' into S ° Lru"R Cz� U-) Cs T- T : ) r ITC) l f 7 To: Maybr Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival.ptcrews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m, that is caused by student drop -off at our schools. Name, Residence Address & Date: Lam_ LL_ � 'UJbS�. �Dultv-R iZjCTls JL Ct I I - -:s lJEsII�'_J �o To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival of crews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at our schools. Name, Residence Address & Date: �, i` o1-_ Z(v To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival of crews on job site, the warm up of equipment, the delivery of all construction materials, and the pick -up & drop -off of Debris Boxes, and portable toilets (including Pump -Out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard around 8 a.m. that is caused by student drop -off at our schools. Name, Residence Address & Date: ��- ��2�2 ° <��� �vVSl4N In.64��t(lrL� �.i� cS0✓�— R�9�t� �1� r, ?. Zo OF 2�, To: Mayor Emmett O'Donnell and Town Council Members, Town of Tiburon Re: Work Hours for Residential Demolition /Construction Projects in Tiburon, including the proposed Demolition /Construction at 4 Southridge East Given that current Tiburon rules permit construction activity as early as 7 a.m., Monday through Friday, and given the consequent disruption of repose and tranquility that this causes, we, the undersigned residents of the Town of Tiburon, request that all demolition or construction work, including the proposed work at 4 Southridge East, be commenced only after 9 a.m., Monday through Friday. It is our intention that this rule includes the arrival of crews on the job site, the warm up of equipment,, the delivery of all construction materials, and the pick -up & drop -off of debris boxes, and portable toilets (including pump -out of portable toilets). Such a rule will also help alleviate the tremendous traffic congestion on Tiburon Boulevard that is caused by student drop -offs and pick -ups at our schools. Name, Residence Address & Date: Patti & Joshua Katz 12 Southridge West I Tom, C� qe7'9� P. z.i 0 F z0 Branch :F41,User , . 01 Comment: Station Id :SK2D �� (1� t ROt.ORDING REQUESTED BY: Old Republic Title Company Order No.: 0436010796 -CP APN: 073 - 041 -29 •tLA- (0- 004 When Recorded Mail Document and Tax Statements to: George F. Sandison & Maureen A. Sandison 15 W. Terrace Drive Houston, TX 77007 Grant Deed Recorded I REC FEE 18.88 Official Records I TAX 1122.00 County of I SURVEY NIiNlA4E 18.80 Marin I RICHARD N. BOWN I Assessor - Recorder I County Cleric I I RS 09:21AN 31- Jan -2912 I Page 1 of 2 SPACEABOVE THIS UNE IS FOR RECORDERS USE The undersigned grantor(s) declare(s): Documentary Transfer Tax is $1,122.00 (X) computed on full value- of property conveyed, or (.) computed on full value less of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of Ross FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Rosemary Ehat, Successor Trustee of The Lucille M. Ehat 1999 Trust and Rosemary Ehat, Successor Trustee of The Carletta R. Ehat 1999 Trust hereby GRANT(S) to George F. Sandison and Maur , husband and wife, as community property with right of survivorship that property in City of Ross, Marin County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: January 24, 2012 The Lucille M. Ehat 1999 Trust By: 40#9�� Rosemary Ehat, Wessor Trustee State of California The Carletta R. Ehat 1999 Trust By: osemary Ehat, Suo6&offrustee County of Marin / � ),� I , On 1121-1 z— before me, 0 / k_; jv v "'" Notary P blic, Versonally appeared Roscmary Ehat, who proved to me on the basis of satisfactory evidence oe the person(s) whose name(s) Is /are subscribed to the within instrument and acknowledged to me that he /she /they exd6uted the same in his /her /their authorized capacity(ies), and that by his /her /their s_ ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CAROL PALOM8tN0 Commission #,J934912 �m Notary Publ ic •California z Marin County My Comm. Expires May 31, 2015 Signature Name (typed or printed) (Area reserved for official notarial seal) Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE L {� 1 Z- i t Z MARIN,CA Page 1 of 2 Printed on 2/21/2013 2:21:46 PM Document: DDS 2012.6538 Branch T41,User : AT01 Comment: Station Id :SK2D When Recorded Mail Document and Tax Statements to: 84 Glenwood Avenue LLC 156 Oakdale Avenue Mill Valley, CA 94941 Grant Deed IIII III I IIII Ilf I II I IIII illl II III II 2sQli 1 � -003 1 E.2 Recorded I REC FEE 18.00 Official Records I County of 1 RIWARUaN. n i AsSeSSor— Recorder I County Clerk I' I JN 08:51AN 31 -May -2812 I page I of 2 SPACE ABOVE THIS The undersigned grantor(s) declare(s): Documentary Transfer Tax is $0.00 Proportionate interest to remain the same (X) computed on full value of property conveyed, or () computed on full value less of liens and encumbrances remaining at time of sale. () Unincorporated area: (X) City of Ross FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, .George F.-Sandison and Maureen A. Sandison, husband and wife hereby GRAN 84 Glenwood Avenue LLC, a California Limited Liabilty Company that property in City of Ross, Marin County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: May 23, 2012 L` By: By: George F. Sandison Maureen A. Sandison State of r< Ke f County of dyr'� On . <IZ �ZZZL before me '11 G 1'c4- 6111", �Y a Notary Public, personally appeared 6cpz k F Sid Tscary RATA ATIAZZ&V A. � who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capadty(ies), and that by his /her /their signature(p) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ... .... - instrument ;,..._..._.__...._._....... -- - .....- . __.,:..._. _....._._., _.._... _.,........._.._.. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph -is true and correct. WITNESS my hand and official seal. RICH RICHARD A MEJ1A 4+ Notary Public *Oe STATE OF TEXAS Signatu �� htiu Gomm: Exp. 10 -08 -12 Name r" �, -.. ...... _ (typed or printed) (Area reserved for official notarial seal) Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE MARIN,CA Page 1 of 2 Printed on 2/21/2013 2:21:47 PM Document: DDS 2012.33162 REQUESTED BY: RECORDING Old Republic Title Company Order No.: 0436010796 -CP APN: 073- 041 -29 When Recorded Mail Document and Tax Statements to: 84 Glenwood Avenue LLC 156 Oakdale Avenue Mill Valley, CA 94941 Grant Deed IIII III I IIII Ilf I II I IIII illl II III II 2sQli 1 � -003 1 E.2 Recorded I REC FEE 18.00 Official Records I County of 1 RIWARUaN. n i AsSeSSor— Recorder I County Clerk I' I JN 08:51AN 31 -May -2812 I page I of 2 SPACE ABOVE THIS The undersigned grantor(s) declare(s): Documentary Transfer Tax is $0.00 Proportionate interest to remain the same (X) computed on full value of property conveyed, or () computed on full value less of liens and encumbrances remaining at time of sale. () Unincorporated area: (X) City of Ross FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, .George F.-Sandison and Maureen A. Sandison, husband and wife hereby GRAN 84 Glenwood Avenue LLC, a California Limited Liabilty Company that property in City of Ross, Marin County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: May 23, 2012 L` By: By: George F. Sandison Maureen A. Sandison State of r< Ke f County of dyr'� On . <IZ �ZZZL before me '11 G 1'c4- 6111", �Y a Notary Public, personally appeared 6cpz k F Sid Tscary RATA ATIAZZ&V A. � who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capadty(ies), and that by his /her /their signature(p) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ... .... - instrument ;,..._..._.__...._._....... -- - .....- . __.,:..._. _....._._., _.._... _.,........._.._.. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph -is true and correct. WITNESS my hand and official seal. RICH RICHARD A MEJ1A 4+ Notary Public *Oe STATE OF TEXAS Signatu �� htiu Gomm: Exp. 10 -08 -12 Name r" �, -.. ...... _ (typed or printed) (Area reserved for official notarial seal) Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE MARIN,CA Page 1 of 2 Printed on 2/21/2013 2:21:47 PM Document: DDS 2012.33162 PUBLIC NOTICE i�4,0"F, RC , rs L'_ ?�CAy mvEN to owners of property within 300 feet that the Planning Department of the has received a Design Review application from Po, is r erl_stein Architects for Design Review and a Categorical Exemption from the California Environmental Quality Act in connection with a remodel of an existing residence to include a 308 square foot family room addition, a 122 square foot entry /laundry room addition and a 198 square foot deck. Windows and doors will be replaced with wood /clad windows and doors. Existing mansard roof will be removed and new parapets added. Exterior siding to be replaced with white sand stucco and cedar siding. The existing swimming pool will be filled in. The tercel is owned by George Sandison. The project meets all of the requirements of the Municipal Code, The parcel is located at 16 Eseaiton Dtrfve and is currently developed with single - family residence. The parcel is located in a RS -20 (Single Family Residential — 20,000 square foot minimum lot size) zoning district and is further known as Darin County APN 033 - 191-09. No public hearing will be held regarding the project; however, if any member of the public wishes to comment on the proposed project a letter or e -mail shall be submitted to the Planning Department by Thursday, December 27, 2012 at 5 p.m. if no public comment is received the proposed project will be approved by the Director of Planning and Building after the above - mentioned date. Plans for the project are available for public review in City Hall between the hours of 8:00 a.m. and 12 p.m. and 1:00 p.m. and 5:00 p.m., Monday through Friday (except Friday, December 21, 2012 when City Hall is closed). Dated: December 129 2012 am Z�na�-in�5 ��� ®ci!�i!e Planner DILL VALLEY PLANNING AND BUILDING 11 EPARTMIENT (41 5) 388.4033 X48110 (415) 381 -1736 fax tzanarini @cityofmillvalley.org �I �r 2 q bF Z(� Sandison, 10:09 AM 4126/2013, Demolition & Construction - 4 Southridge East, Tiburon To: Sandison From: Lalita Waterman <taraann @ix.netcom.com> Subject: Demolition & Construction - 4 Southridge East, Tiburon Cc: Bcc: R Attached: Dear George, We have received a copy of the decision of the Design Review Board and are considering our options, especially with respect to the hours of construction activity over which the Design Review Board indicated they had no authority. As you know, we are deeply concerned about the extended disruption of our repose and tranquility and its impact on our health. We would like to see a balance between the development desires of a non - resident property owner and the needs of long- standing senior and disabled neighboring residents. In this regard, we would like to ask that you give consideration to a compromise that would not impose an undue hardship on the developer whilst at the same time being mindful of residents' health needs and the need for facilitating an environment that is conducive to the ability of elderly and disabled people to remain in their homes. Specifically, subject to Town Council approval, as a "set -off' for commencing construction activity (warm -up of equipment, delivery of construction materials, and pick -up and drop -off of debris boxes and portable toilets, pump -outs included) after 9 a.m., we would be amenable to: a) allowing construction activity to be conducted until 6 p.m. (current Tiburon ordinance requires stoppage at 5 p.m.); and b) giving you an extra 2 to 3 weeks, free of penalty, within which to finish your project (Tiburon ordinance requires completion within 18 months). Please be assured that we are mindful of the fact that these modified construction and delivery hours could possibly pose a minor inconvenience to some contractors and suppliers. However, it should be remembered that 2 to 3 years of demolition /construction (together with its attendant noise, traffic congestion and nuisance), is a profound burden for all neighboring residents (some more than others), including those who will never benefit from the structure but in front of whose bedrooms all the construction- related vehicles will travel on a daily basis. If you agree with this compromise, we would propose using the same parameters and language, where applicable, as used by the Town Council of Ross in approving your Application for development of 84 Glenwood Avenue on October 8, 2012. Please let us know your answer by 5 p.m. on Saturday, April 27, 2013. Thank you and best regards, Rick and Lalita Waterman George Sandison, 02:19 PM 4/27/2013, Re: Demolition Construction - 4 Southridge East,... Page 1 of 2 From: George Sandison <gsandison @ymail.com> Subject: Re: Demolition & Construction - 4 Southridge East, Tiburon To: Lalita Waterman <taraann @ix.netcom.com> Dear Rick and Lalita, Thank you for your email. Unfortunately your proposal is not attractive to us. As you may know, construction crews rarely work past 4 PM, so additional working hours provide little or no benefit, and may actually inconvenience others. Furthermore, I dons €TMt believe we have the right to enter an agreement that violates the Tiburon ordinance requiring stoppage at 5 PM. Finally, our proposed construction is scheduled to take less than 18 months, rather than 2 to 3 years, so no permit extension will be necessary. We therefore intend to proceed with the application for our future home, and will follow all appropriate Tiburon construction rules. Regards, George Sandison From: Lalita Waterman <taraann @ix.netcom.com> To: George Sandison <gsandison @ymail.com> Sent: Friday, April 26, 2013 10:09 AM Subject: Demolition & Construction - 4 Southridge East, Tiburon Dear George, We have received a copy of the decision of the Design Review Board and are considering our options, especially with respect to the hours of construction activity over which the Design Review Board indicated they had no authority. As you know, we are deeply concerned about the extended disruption of our repose and tranquility and its impact on our health. We would like to see a balance between the development desires of a non - resident property owner and the needs of long- standing senior and disabled neighboring residents. In this regard, we would like to ask that you give consideration to a compromise that would not impose an undue hardship on the developer whilst at the same time being mindful of residents' health needs and the need for facilitating an environment that is conducive to the ability of elderly and disabled people to remain in their homes. Specifically, subject to Town Council approval, as a "set -off' for commencing construction activity (warm - up of equipment, delivery of construction materials, and pick -up and drop -off of debris boxes and portable toilets, pump -outs included) after 9 a.m., we would be amenable to: a) allowing construction activity to be conducted until 6 p.m. (current Tiburon ordinance requires stoppage at 5 p.m.); and b) giving you an extra 2 to 3 weeks, free of penalty, within which to finish your project (Tiburon ordinance requires completion within 18 months). Please be assured that we are mindful of the fact that these modified construction and delivery hours could possibly pose a minor inconvenience to some contractors and suppliers. However, it should be remembered that 2 to 3 years of demolition/construction (together with its attendant ;� _�fT f To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Design Review Board Planning Manager Watrous Design Review Board Meeting April 18, 2013 Agenda Item: 4 Subject: 4 Southridge East; File #21307 Site Plan and Architectural Review for the Construction of a New Single- Family Dwelling, with Variances for Reduced Front Yard Setback and Excess Lot Coverage Reviewed By: PROJECT DATA ADDRESS: 4 SOUTHRIDGE EAST ASSESSOR'S PARCEL: 034 - 243 -03 FILE NUMBER: 21307 PROPERTY OWNERS: MAUREEN AND GEORGE SANDISON APPLICANT: POLSKY PERLSTEIN ARCHITECTS LOT SIZE: 189140 SQUARE FEET ZONING: RO -2 (SINGLE - FAMILY RESIDENTIAL -OPEN) GENERAL PLAN: MEDIUM DENSITY RESIDENTIAL FLOOD ZONE: X DATE COMPLETE: MARCH 26, 2013 PRELIMINARY ENVIRONMENTAL DETERMINATION Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. PROPOSAL The applicant is requesting Design Review approval for the construction of a new two -story single- family dwelling on property located at 4 Southridge East. The existing residence on the site would be demolished. The main level of the house would include a living room, dining room, kitchen, breakfast room, a master bedroom suite, three additional bedrooms, two more bathrooms, a powder room, a laundry room and storage. The entry level above the main level would include a two -car garage, entry foyer, guest /study room and one bathroom. An elevator would connect both levels. Five skylights would be installed. A new 6 foot tall wood and wire fence would surround most of the site. TOWN OFTIBURON p 1V. PAGE 1 OF 6 iJ�� -.. �..., :� .S..ri �� ( "i.�`f, if ti � ,:.4. a..s �.^•';' The floor area of the house would be 3,813 square feet, which would be 1 square foot less than the floor area ratio for a lot of this size. The lot coverage on the site would be 3,617 square feet (19.9 %) of the site, which would be greater than the 15.0% maximum lot coverage permitted in the RO -2 zone. A variance is therefore requested for excess lot coverage. The proposed house would extend to within 12 feet of the front property line. As a 30 foot front yard setback is required in the RO -2 zone, a variance is also requested for reduced front yard setback. The exterior of the proposed house would include grey and beige stucco siding with dark brown and stone trim. The flat roof area would utilize a grey gravel surface on some portions and a green roof over the living room. A color and materials board has been submitted and will be present at the meeting for the Board to review. ANALYSIS Design Issues The subject property is located at the end of the cul -de -sac for Southridge East. The site generally slopes down from the street, with vacant Caltrans right -of -way property to the rear. The proposed house design minimizes the amount of building on the upper level, with most of the floor area pushed down to a lower elevation below street level. The new flat roof would not exceed the height of the ridgeline for the existing house on the site. As a result, the overall building profile would not be substantially greater at the street level than the existing house. The proposed house would be most visible from the directly adjacent homes at 2 and 6 Southridge East. The residence to the northwest at 2 Southridge East is situated at or above street level, with most of the primary living areas on the upper floor. The roofline of the proposed house does not appear to intrude into the existing views from this neighboring home, which are bounded by a line of trees beyond the subject property. The applicants have reviewed the proposed plans with this neighboring property owner, who has written a letter in support of this application. The adjacent residence at 6 Southridge East to the east is situated at an elevation slightly below that of the subject property and is generally oriented to the south, away from the site. There are few windows on the side of this house which face the proposed house location, and an existing fence and vegetation currently provide screening between the dwellings. A proposed 6 wood fence along the side property line and additional screening landscaping to be planted should provide adequate privacy screening between the two homes. The applicants have been in negotiations with the owners of the nearby home at 36 Southridge West regarding possible limitations on hours of construction for specific activities associated with the construction of the proposed house. The suggested limitations would be more restrictive than the Town's limits on hours of construction (7:00 a.m. to 5:00 p.m., Monday through Friday, and 9:30 a.m. to 4:00 p.m. on Saturday). If such an agreement is reached, this would be a civil TOWN OF TIBURON PAGE 2 OF G �� .SIT NQ. �- agreement between property owners and would not be enforceable by the Town, nor should the details of such an agreement be added as conditions of approval for this application. The owners of 36 Southridge West have indicated that the proposed house would block portions of their views. The proposed house is only visible at a distance through a series of mature trees below this nearby residence and would not interfere with the neighbors' direct views to the south of Richardson Bay. Zoning Staff has reviewed the proposal and finds that it is in conformance with the development standards for the RO -2 zone, with the exception of the requested variances for reduced front yard setback and excess lot coverage. In order to grant the requested variances, the Board must make all of the following findings required by Section 16- 52.030 (E) of the Tiburon Zoning Ordinance: 1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or substantially the same zones. The subject property is smaller than the 20,000 square foot minimum lot size in the RO -2 zone and slopes downward from the street. These physical constraints create special circumstances that would make it difficult to design a home on this site without substantially intruding into the views of these neighboring residences and create special circumstances that would deprive the owners of this property of development privileges enjoyed by other properties in the vicinity. 2. The Variance will not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and in the same or substantially the same zone. Numerous other properties in the R -2 and similar zones have been granted variances for reduced setbacks and excess lot coverage. 3. The strict application of this Zoning Ordinance would result in practical difficulty or unnecessary physical hardship. Self - created hardships may not be considered among the factors that might constitute special circumstances A self - created hardship results from actions taken by present or prior owners of the property that consciously create the very difficulties or hardships claimed as the basis for an application for a Variance. The strict application of the front yard setback requirement would push the proposed house away from the hill, resulting in a practical difficulty in constructing a garage that could be easily accessed from the level of the roadway above. The strict application of the maximum lot coverage requirement for this TOWN OF TIBURON EXHIBIT PAGE 3 OF 6 property would force the house to become more vertical and potentially intrude into the viewlines for other homes in the vicinity, which creates a practical difficulty for the applicants. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the vicinity. As described above, the proposed house would not substantially project into the views from primary living area or create privacy impacts for any neighboring residences. From the evidence provided, Staff believes that there is sufficient evidence to support the findings for the requested variances. 1 PUBLIC COMMENT As of the date of this report, the Town has received two letters in support of the subject application. RECOMMENDATION The Board should review this project with respect to Zoning Ordinance Sections 16- 52.020 (H) (Guiding Principles) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. If the Board wishes to approve the project, it is recommended that the attached conditions of approval be applied. ATTACHMENTS 1. Conditions of approval 2. Application and supplemental materials 3. Letter from Georgann Fuller, dated February 14, 2013 4. Letter from Ed Middendorf, dated February 18, 2013 5. Submitted plans TOWN OF TIBURON PAGE 4 OF 6 E�H1B1T Nn. Chair Emberson said that she also supported the project and was glad to see the last minute agreement between neighbors on the height of the garage. ACTION: It was M/S (Chong/Tollini) that the request for 31 North Terrace is exempt from the California Environmental Quality Act and approving the request, subject to the attached conditions of approval, and the additional conditions of approval that the plate height of the garage will be lowered approximately 18 inches, the new ridge on family room will be increased no more than 15 inches above the existing ridgeline, and the distance from the building to the perty line will be verified. Vote: 4 -0. 4. 4 SOUTHRIDGE EAST: File No. 21307; Maureen and George Sandison, Owners; Site Plan and Architectural Review construct a new single- family dwelling, with Variances 40_ � for reduced front yard setback and excess lot coverage. The new dwelling would result in a total floor area of 3,S 13 square feet. The lot coverage of 19.9% would exceed the maximum 15.0% lot coverage permitted in the RO -2 zone. The house would extend to within 12 feet of the front property line, which is less than the 30 foot fi-ont yard setback required in the RO -2 zone. Assessor's Parcel No. 034- 243 -03. The applicant is requesting Design Review approval for the construction of a new two -story single- family dwelling on property located at 4 Southridge East. The existing residence on the site would be demolished. The main level of the house would include a living room, dining room, kitchen, breakfast room, a master bedroom suite, three additional bedrooms, two more bathrooms, a powder room, a laundry room and storage. The entry level above the main level would include a two -car garage, entry foyer, guest /study room and one bathroom. An elevator would connect both levels. Five skylights would be installed. A new 6 foot tall wood and wire fence would surround most of the site. The floor area of the house would be 3,813 square feet, which would be 1 square foot less than the floor area ratio for a lot of this size. The lot coverage on the site would be 3,617 square feet (19.9 %) of the site, which would be greater than the 15.0% maximum lot coverage permitted in the RO -2 zone. A variance is therefore requested for excess lot coverage. The proposed house would extend to within 12 feet of the front property line. As a 30 foot front yard setback is required in the RO -2 zone, a variance is also requested for reduced front yard setback. Jared Polsky, architect, said that the owners gave very clear directions to design a contemporary home that would not disturb the neighbors. He said that the owner met with all of the neighbors and they would not block any of the neighbors' views. He said that he agreed with and appreciated the staff report. George Sandison, owner, said that this is intended to be their long -term home. He noted that there was an objection to the project blocking views from the home at 36 Southridge West which is significantly far away and above his property. He said that there would be no view blockage TIBURON D.R.B. MINUTES #7 BIT NO. 63 10 4/18/13 because of trees on Caltrans property behind his property. He showed a photo of the very large trees blocking views of the property at 36 Southridge West and pointed out the corner of the deck at that house, and said that his property can be seen from that corner of that deck. He also stated that the roof could not be seen because of the house next door and the existing trees. Mr. Sandison addressed the issue of an oak tree proposed to be removed, stating that the oak is not a heritage tree and would block the view of San Francisco from the fi-ont of the new master bedroom. He showed a photo from the location of the oak showing the view of the rest of San Francisco and Angel Island. He said that there would be no privacy concerns if the tree was removed because it is at the end of the property, but if there was a real concern about privacy then he would be glad to extend the fence. He said that that area was designed to be a rock and flower garden and no one would be standing in that area and therefore it would not be a privacy issue. Planning Manager Watrous clarified that the oak tree is not defined as a heritage tree, but an oak tree of this size is a protected tree that either requires a tree permit to be removed or could be approved as part of this application. He also noted that the staff report was prepared a week ago, prior to receipt of the letter from the Watenmans and the report therefore did not reflect any of the concerns noted in that letter. The public hearing was opened. Planning Manager Watrous read a statement by Ed Middendorf into the record, which stated he that found the proposed design to very attractive and that it would not impact his view. The letter stated Mr. Middendorf s support of the project and his request to maintain the Town's required construction hours for this project. Moe Nobari said that there have been issues regarding the fence and privacy. He said that the fencing should be stepped up and trees kept for privacy reasons. He said that both parties have agreed to incorporate those changes into the plans. He said that there are actually two oak trees on the south part of the property and that part of the view Mr. Polsky showed was covered by an existing fence. He said that they do not object to removal of the 6 inch oak, but the 9 inch oak sits on the property line and gives them privacy. He requested trimming the 9 inch oak tree but not to remove it. He submitted photos showing the stepped up fence and trees in the area. He said that they would be exposed if the other trees are removed and have therefore agreed that many of the trees would be kept. Vice Chair Chong asked for clarification of the trees in the photos, and Mr. Nobari pointed out the location of the 9 inch oak and the 6 inch oak. Vice -Chair Chong wondered what the privacy issue would be. Mr. Nobari said that there would be a wire mesh fence and there may be children playing in the yard, but it would also affect the bedrooms of his house. Lalita Watenman thanked Plarming Manager Watrous for clarifying that her objections were filed within the prescribed time limit. She objected to the substantial variance that was requested for the front setback and stated that while they do not look directly onto the house, they are concerned about preserving values of properties in the neighborhood. She said that she was TIBURON D.R.B. MINUTES #7 - NO•r_.._� --�- 11 4/18/13 unable to find any newer home in the area with that type of variance and could not see where the story poles were with respect to the driveway. Boardmember Tollini said that the current setback is 12 feet and the proposal would actually increase the setback. Ms. Waterman said that she misunderstood that aspect. She voiced disappointment with the story poles, stating that average citizens need to understand clearly what the new structure will be and she could not tell what was proposed because of the overgrowth of the vegetation. She requested something be done to provide greater clarity. She said that she does not mind noise after 9:00 am and would be amenable to extending the deadline of construction to prevent noise from starting before 9:00 am. Jodie Upjohn, President of the Reedlands Homeowners Association, said that it is customary to begin construction by 8:00 a.m. in other cities. She asked if Tiburon allows construction to begin at 7:00 am and Planning Manager Watrous confirmed that that is the case. Boardmember Tollini clarified that heavy construction cannot begin until 8:00 a.m. Ms. Upjohn said that 7:00 a.m. is too early and asked what could be done about that. Boardmember Tollini said that the DRB cannot change that because it is under the Building Division's purview and is set by Town ordinance. Planning Manager Watrous said that the Town Council would have to review such a change. Ms. Upjohn said that when there is major construction gravel and dirt is left on the road as the large trucks are going down Reed Ranch Road. Planning Manager Watrous noted that construction is supposed to be done in a way that does not affect the public right of way and the Building Division should be contacted if there is an issue. Planning Manager Watrous read the portion of the code stating that heavy equipment cannot be used before 8:00 a.m. He said that if the Town Council determined in the future to change the hours, the Town Council would have to detenmine how to address the hours for projects already underway. Boardmember Tollini stated that he did not see anything unique about the location and therefore the neighbors would need to convince the Town Council to change the hours. David Ehsan said that this is a very quiet street and it is important to look at these projects and how they will impact the neighbors who plan to live there a long time. He said that it is also important to have privacy and trees. Christopher Wand, former President of the Reedlands Homeowners Association, said that the timing of work beginning would be a good topic for a workshop. He stated that Tiburon Boulevard is packed with school traffic at 8:00 a.m. and suggested that the construction hours add too much construction equipment to the traffic patterns. He said that it was very convenient that the story poles were not visible and he suggested removing the trees around them now so that they could be seen. Chair Emberson asked Mr. Sandison to clarify the agreement with the neighbor regarding the fence and trees. Mr. Sandison said that the fence would be solid, tiered, and double -sided and six feet tall up to six feet past the end of the house. He said that the fence would include six foot high pressure- treated wood posts and wire fencing from that point to the end of the property. He said that the large tree with red berries would be kept, but the tree with yellow leaves appears TIBURON D.R.B. MINUTES #7 —' s 'S 12 BIT NO .� 4/18/13 ui-Alealthy and if it dies they would replace it with trees that would be ten feet tall to block the view of the house. He said that they requested the 6 and 9 inch oak trees be removed and Mr. Nobari objected to the removal of the 9 inch oak. The public hearing was closed. Vice Chair Chong said that this was a beautiful design and would be a nice addition to the neighborhood. He said that some people cannot see the story poles because the site is at the end of a cul -de -sac and the house would not have a lot of impact. He said that when he visited the home and neighboring homes he did not see the impacts stated in the letters because the neighbors at 36 Southridge West are very fat- away, with trees in the way. He said that the applicants have done a good job of working with the neighbors that would be the most affected by the project. He was unsure how much privacy the oak trees provide. He agreed with staff's findings regarding the variances. Boardmember Kricensky agreed with Vice Chair Chong. He liked the design and the amount of building access from the street level would be very modest. He said that it was simple to make the findings and the house would have minimal impact on neighbors. He said that it was hard to tell if it was possible to prune the 9 inch oak to allow some views, and thought that it was a perceived privacy issue for the neighbor. Boardmember Tollini agreed with everything that had been said and noted that sometimes a new house is difficult to envision because they do not involve substantial changes from the existing building. He said that he visited 36 Southridge West and the house would have very little impact on anyone in the neighborhood. He did not understand the privacy concern with the 9 inch oak because the tree is in the very back of the property. He said that the tree does not shield any view from one neighbor to the other and there is a lot of other brush in the vicinity. He said that removing the tree would potentially enhance the view from both properties and would only be a perceived loss of privacy. He noted that the Town usually needs a good reason not to allow removal of a tree. Chair Emberson said she shares Boardmember Tollim's perspective on the tree, particularly as it is an oak. She said that the tree is way in the corner of the property and removing the tree might actually enhance the view, and she supported removing it. She said that the design follows the Hillside Guidelines and steps down the site, and she could support the variance for excess lot coverage, which may be why the house cannot be seen. Boardmember Tollini noted that the driveway depth was not a concern due to the location at the end of a cul -de -sac. ACTION: It was M/S (Chong/Tollini) that the request for 4 Southridge East is exempt from the California Environmental Quality Act and approving the request, subject to the attached conditions of approval, and the additional condition of approval that the fence along the eastern side property line shall be double sided wood, 6 feet tall, to end to 6 feet past the end of the house, and past that point wire mesh with 6 foot high pressure treated wood posts to the end of the property. Vote: 4 -0. TIBURON D.R.B. MINUTES #7 p� - CC 13 4/18/13 Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P. 415.435.7373 F. 415.435.2438 - www.ci.uburon.ca.us NOTICE OF DESIGN REVIEW BOARD ACTION On April 18, 2013 the Tiburon Design Review Board took the following action: Granted Site Plan and Architectural Review approval for construction of a new single - family dwelling, with Variances for reduced front yard setback and excess lot coverage, located at 4 Southridge East (File #21307). O (X) Approved as submitted Approved with conditions Denied as submitted Continued to Please review the attached materials (if any) to acquaint yourself with the conditions of approval or other requirements. The following materials are attached and should be retained for your records: O (x) Approved plans Appeal provisions of the Town Revised conditions of approval No attachments Other - Minutes of the Design Review Board meeting are generally available within 3 weeks following the meeting, and will be provided upon request. After Design Review approval, you are required to obtain a Building Permit from the Tiburon Building Division for your project. Information on Building Permit procedures may be obtained by calling the Building Division at (415) 435 -7380. For additional information regarding this application, please call me at (415) 435- 7393. Sincerely, Daniel M. Watrous Planning Manager _:I3IT N0. i vr- 3 l�e5i ;n P c6 vv Roard \ leen ng April 13, -)0 3 CONDITIONS OF APPROVAL 4 SOUTHRIDGE EAST FILE #21307 (AS AMENDED AT THE APRIL 18, 2013 DESIGN REVIEW BOARD MEETING) 1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued. 2. The development of this project shall conform with the application dated by the Town of Tiburon on February 14, 2013, or as amended by these conditions of approval. Any modifications to the plans of February 14, 2013 must be reviewed and approved by the Design Review Board. 3. Plans submitted to the Building Division for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Division for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud ") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Planning Division approval is not valid and shall be subject to stop work orders and may require removal. 4. If this approval is challenged by a third party, the property owner /applicant will be responsible for defending against this challenge. The property owner /applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 5. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. 6. All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures. 7. All skylights shall be bronzed or tinted in a non - reflective manner (minimum 25 %) and no lights shall be placed in the wells. 8. A construction sign shall be posted on the site during construction of the project, in a location plainly visible to the public. The sign shall be 24" x 24" in size and shall be TOWN OF TIBURON 1 �JBIT NU. PAGE 5 OF 6 l��sinn {per ievv Poard \ /Iceting April .18, 201.3 made of durable, weather - resistant materials intended to survive the life of the construction period. The sign shall contain the following information: job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code; builder (company name, city, state, ZIP code); project manager (name and phone number); and emergency contact (name and phone number reachable at all times). The sign shall be posted at the commencement of work and shall remain posted until the contractor has vacated the site. 9. The project shall comply with the requirements of the California Fire Code and the Southern Marin Fire Protection District, as indicated in the attached letter dated March 14, 2013. 9. All requirements of the Marin Municipal Water District shall be met. 10. The applicants shall obtain any necessary sewer permits from Sanitary District No. 5 and pay all applicable fees prior to construction of a side sewer and connection to the sewer main. After connection to the sewer main but prior to commencement of discharge and prior to covering of the pipe, the District shall be contacted and allowed to inspect the connection for conformance to standards. 11. All requirements of the Town Engineer shall be met, including, but not limited to, the following, which shall be noted on building plan check plans: a. Any proposal that would encroach onto public right -of -way is not permitted. This would include fences, retaining walls and permanent improvements. Under special circumstances the Town may consider these encroachments. Should the applicant consider their case to be a unique circumstance their proposal should be clearly documents and resubmitted. An encroachment permit will be required for the driveway approach. b. All encroachments, such as driveway approaches, sidewalks, mailboxes, small drainage facilities and short- height landscaping, need to be processed through a standard Public Works encroachment permit application with plans or schematics for review. Unless the encroachment is minor or routine in nature, a permit shall be accompanied by a Memorandum of Encroachment that must be recorded by the property owner with the County of Marin. C. The public right -of -way shall be protected from damage during construction, or repairs shall be made to the satisfaction of the Tiburon Public Works Department. 12. The new fence along the eastern side property line shall be double -sided solid wood, with a height of 6 feet, to a location 6 feet past the rear of the house. After that point, the fence shall be a 6 foot tall wire fence with pressure treated wood posts along the side property line to the rear property line. TOWN OF TIBURON s —r { BIT NO PAGE 6 OF 6 P, � 0�3 RESOLUTION NO. 17 -2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING AN AMENDED POLICY FOR THE PROCESSING, SCHEDULING, RECONSIDERATION, AND STORY POLE REPRESENTATION OF APPEALS, AND SUPERSEDING EXISTING POLICIES WHEREAS, the Town receives and hears appeals from decisions of various commissions, boards and administrative officials from time to time, and WHEREAS, the Town Council has adopted various policies over the years with respect to appeal procedures, scheduling, and reconsideration, including Resolutions Nos. 2878 and 3218 and Town Council Policy Nos. 95 -01 and 2002 -01; and WHEREAS, the Town Council has determined that it is timely and appropriate to update and consolidate these policies regarding appeals; and WHEREAS, the Town Council has held a public meeting on this matter on March 17, 2010 and has heard and considered any public testimony and correspondence; and NOW, THEREFORE, BE IT RESOLVED that Town Council Resolution No. 2878, Town Council Resolution No. 3218, Town Council Policy 95 -01, and Town Council Policy 2002 -01 are hereby superseded by this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council.of the Town of Tiburon does hereby adopt the following general policy with respect to processing, scheduling, and reconsideration of appeals and for story pole installation for appeals. APPEAL PROCEDURE 1. The Municipal Code sets forth instances when persons may appeal a decision by a review authority (e.g. Town official, Design Review Board or Planning Commission) to the Town Council. Any person making such an appeal must file a completed Town of Tiburon Notice of Appeal form, available on the Town's web site and at Town Hall, with the Town Clerk not more than ten (10) calendar days following the date of the decision being appealed. Shorter time frames for filing an appeal apply to certain types of permits. If the final day to appeal occurs on a day when Town Hall is closed for public business, the final day to appeal shall be extended to the next day at which Town Hall is open for public business. Appeals may not be revised or amended in writing after the appeal period filing date has passed. Tiburon Town Council Resolution No. 17 -2010 0311712010 t �$ NCB. 2. The appellant must submit filing fees with the Notice of Appeal form. Filing fees are set forth in the Town's current adopted Fee Schedule. (a) If the applicant is the appellant, the remainder of the filing fee (if any) will be refunded following completion of the appeal process. Additional staff time or costs to process an applicant's appeal is the financial responsibility of the applicant and will be billed per the Town's current hourly rate schedule and /or at actual cost if outside consulting is required. (b) If the appellant is not the applicant, then a fixed amount filing fee is required with no refund or additional billing required. 3. In,the appeal form, the appellant shall state specifically either of the following: (a) The reasons why the decision is inconsistent with the Tiburon Municipal Code or other applicable regulations; or (b) The appellant's other basis for claiming that the decision was an error or abuse of discretion, including, without liunitation, the claim that the decision is not supported by evidence in the record or is otherwise improper. If the appellant is not the applicant, the Town Council need only consider on appeal issues that that the appellant or other interested party raised prior to the time that the review authority whose decision is being appealed made its decision. 4. The appellant must state all grounds on which the appeal is based in the Notice of Appeal form filed with the Town Clerk. Neither Town staff nor the Town Council need address grounds introduced at a later time that were not raised in the Notice of Appeal form. 5. The procedure for presentation of the appeal at the Town Council meeting is as described below. In cases where the applicant is the appellant, paragraphs (c) and (f) below would not apply. (a) Town Staff may make a brief (approximately 10 minute) presentation of the matter and then respond to Town Council questions. (b) Appellant and/or appellant's representative(s) may make a presentation of no more than twenty (20) minutes and then respond to Town Council questions. Appellant may divide up the twenty (20) minutes between various speakers or have only one speaker, provided that the time limit is observed. Time devoted to responding to Town Council questions shall not be included as part of the twenty (20) minute time limit. (c) Applicant and/or applicant's representative(s) may make a presentation of no more than twenty (20) minutes and then respond to Town Council questions. Applicant may divide up the twenty (20) minutes between various speakers or have only one speaker, provided that the time limit is observed. Time devoted to responding to Tiburon Town Council Resolution No. 17 -2010 0311712010 2 -1131T NO Town Council questions shall not be included as part of the twenty (20) minute time limit. (d) Any interested member of the public may speak on the item for no more than three (3) minutes. A speaker representing multiple persons (e.g., homeowner's association, advocacy group or official organization, etc.) may speak on the item for no more than five (5) minutes, at the discretion of the Mayor. (e) Appellant is entitled to an up to three (3) minute rebuttal, if desired, of any comments previously made at the hearing. (f) Applicant is entitled to an up to three (3) minute rebuttal, if desired, of any comments previously made at the hearing. 7. The testimony portion of the appeal hearing is closed and the Town Council will begin deliberations on the appeal. There will be no more applicant, appellant, or public testimony accepted unless requested by the Town Council. S. If, following deliberation, the Town Council is prepared to make a decision on the appeal, it will direct Town staff to return with a draft resolution setting forth the decision, and the findings upon which it is based, for consideration at a future Town Council meeting. The decision of the Town Council is not final until the resolution is adopted. Alternatively, if the. Town Council is not prepared to make a decision on the appeal, it may: (a) Continue the appeal to a future date; (b) Remand the item to the review authority from which it was appealed for further hearing, review and action, with a specific description of the outstanding and unresolved issues and appropriate direction thereon; or (c) Refer the item to another review authority for its review and recommendations prior to further Town Council consideration. 9. Following a final decision by the Town Council, Town staff will promptly mail a Notice of Decision to the applicant and appellant. RECONSIDERATION If, after the Town Council has voted to direct staff to prepare a resolution of decision, significant new information comes to light, which information was previously unknown or could not have been presented at the appeal hearing due to circumstances beyond the parties' control and not due to a lack of diligence, the Town Council may entertain a motion to reconsider its direction to prepare a resolution of decision. Any such motion to reconsider must be made prior to adoption of the resolution of decision, and the motion must be made by a Councilmember who voted on the prevailing side in the vote sought to be reconsidered. Any Councilmember may second the motion. The Town Council may consider and vote on the motion to reconsider at that time, and if the motion carries, the matter shall be placed on a future agenda for further notice and hearing. Tiburon Town Council Resolution No. 17 -2010 0311712010 3 �A FNO. �� SCHEDULING OFAPPEALS 1. The Town's policy is to schedule and hear appeals in an expeditious manner. Appeals will generally be heard at the first regular Town Council meeting that is at least fifteen (15.) days after close of the appeal period. At the sole discretion of the Town Manager, the Town may schedule the appeal for a subsequent Town Council meeting based on the complexity of the matter, availability of key Town staff members and Councilmembers, agenda availability, or unusual circumstances. Town staff will make reasonable efforts to establish the hearing date for the appeal within three (3) working days of the close of the appeal period. The Town Clerk, in coordination with appropriate Town staff, will promptly advise all parties to the appeal of the selected hearing date. 2. The Town Manager will grant requests for continuances from the date established above in the event that all parties to the appeal agree in writing to a date specific for the continuance and that date is deemed acceptable by the Town Manager. 3. Attendance of parties to an appeal at the hearing is desired, but not required. The Town Council will consider written comments or representation by others in lieu of personal appearance. STORYPOLES For appeals where story poles were erected for review of the original decision being appealed, a story pole representation shall be required for the Town Council's appeal review process, as follows: 1. A story pole plan showing the poles to be connected, including location and elevations of poles and connections, shall be submitted, reviewed, and accepted as adequate by Planning Division Staff prior to installation of the poles and connections. 2. Critical story poles, as determined by Staff, must be connected by means of ribbons, caution tape, rope or other similar and highly visible materials clearly discernable from a distance of at least three- hundred (300) feet in clear weather, to illustrate the dimensions and configurations of the proposed construction. 3. Story poles and connecting materials must be installed at least ten 0 0) days prior to the date of the appeal hearing before the Town Council. 4. Failure to install the poles and materials in a timely manner may result in continuance of the public hearing date. Tiburon Town Council Resolution No. 17 -2010 0311712010 4 IT 5. Story poles must be removed no later than fourteen (14) days after the date of final decision by the Town Council. APPLICABILITY This policy, while primarily written for use by the Town Council, is intended to apply to the extent practicable to Town decision- making bodies, other than the Town Council, which may hear appeals from time to time. Be advised that certain types of appeals, such as appeals of staff - level design review application decisions to the Design Review Board, may have different deadlines for filing of the appeal than the ten (10) calendar days specified above. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 17, 2010, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks & O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Slavitz RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. 17 -2010 0311712010 5 •�?\TO< #� pF T/e i Co y TOWN OF TIBURON LAND DEVELOPMENT APPLICATION • Conditional Use Permit • Precise Development Plan • Secondary Dwelling Unit • Zoning Text Amendment • Rezoning or Prezoning • General Plan Amendment • Change of Address TYPE OF APPLICATION Design Review (DRB) o Design Review (Staff Level) )(Variance(s) 2 # • Floor Area Exception • Tidelands Permit • Sign Permit o Tree Permit EEC " LC!';` • Tentative Subdivision Map • Final Subdivision Map • Parcel Map • Lot Line Adjustment • Condominium Use Permit • Certificate of Compliance • Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: 45O tPcF- c,S PROPERTY SIZE: la l sF PARCEL NUMBER: 03 • 2 3 • D 3 ZONING: 1Z, • 0 2 PROPERTY OWNER:_Ma,� .� + GEoF c F- S.Av s04 MAILING ADDRESS: IRP ,AvE,aor_ MIL.4— VAu !f CA J+g4j PHONE /FAX NUMBER: 15.85B• 34{p5 E -MAIL: APPLICANT (Other than Property Owner):%-sj!�.�S k_=„I , xa+1 i7Ecr-rs, Am'j J$R*aa�$g�� MAILING ADDRESS: A&I $ �U-AAIOL A E CA q3 PHONE /FAX NUMBER: +5 • `i27.1 156r .c 3fl-Z -MAIL: i6r.%.j e Poc.sKYA .c.�+r'tt vr3'. coM ARCHITECT /DESIGNER/ENGINEER S -S Ap-pL-j MAILING ADDRESS: PHONE /FAX NUMBER: E -MAIL: Please indicate with an asterisk ( *) persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): ggwovg- 4- R� 11.1 L &OM4 AAE J nj&ME th1 c.rU .1 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 the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that mi h esult from the third party challenge. / Signature: * Date: *If other than owner, must have an authorization letter from the owner or evidence of de facto control of the property or premises for purposes of filing this application DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING INFORMATION Application No.: '2-I 307 GP Designation: Fee Deposit: -2ZS Date Received: 2�1�� (3 Received By: Receipt #: 1336 901 Date Deemed Complete: 31z�(L3 By: �- Acting Body: Action �° � Date: 1$(o �� Conditions of Approval or Comments: Resolution or Ordinance # X /iHIEIT NO. --(a t6 �. 4 13 nF=_q1rN RFVIFW SUPPLEMENTAL APPLICATION--FORM __ Please fill in the information requested below (attach separate sheet as needed): 1. Briefly describe the proposed project: Rem -fE. Ex tS-r,•J4 KAZ ,a S-A CEL -+ A-CTA,4,4= p 01 TN n1.s: ") rfv M 1 w cni /Ci.EW L.�..1 nSG,A.o �•JG. �,�� �� �.! D � 4 T it�r 2. Lot area in square feet (Section 16- 100.020(L)): 1a, !'0 3. Square footage of Landscape Area: t D, 323.7 4. Proposed use of site (example: single family residential, commercial, etc.): Existing 5.44 c..F-- Proposed 5wg,- t r<s-s +J>ff tE ',-k _ 5. Describe any changes to parking areas including number of parking spaces, turnaround or maneuvering areas. TO.BE''COMPLETED.BY AP.PL "ICANT . STAFF USE ONLY ITEM EXISTING "P .AD.DITION PROPOSED CAL- :PER ZONE AND /ORALTERATION CU.LATED Yards (Setbacks from property fine)( (Section 16- 100.020(Y)* a ft. 1,D 5 -t' O - 3 ` ft• Z° �- �'j �' ft. �� ��c ft. j t ft. Front Rear.' 7 `' ft . 4 ft. ft. ft. Right Side 7 " ft. -� 3'-- 5`� ft. f �' -p ++ ft. ft. ft. Left Side °� �- �( /Z'ft. 't' r-r'- 2 1122, p.+ Maximum Height (Section 16- 30.050)'` , V. - O ft. '� 3 `- (.0 to ft. ft• ft• Lot Coverage (Section 16- 30.120(B))* 3,43'sq.ft. 4 18-7 sq.ft 3.,to11 sq.ft. sq.ft. sq.ft. Lot Coverage as Percent of Lot Area /&.1 % "� % t 9.9 % % % Gross Floor Area 2 3Cvo ¢r 3 5 a/ 3 (Section 16- 100.020(F))* s ft. q. 1 q. sq.ft. sq.ft. q. sq.ft. sq.ft. *Section numbers refer to specific provisions or definitions in the Tiburon Municipal Uoae Lnapter I b (z-oning) DESIGN REVIEW APPLICATION — MA.IOR ADDITIOIN REV 6/2012 EKLHIBIT ISO. �- 2 o r= 5 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division (415)- 435 -7390 www.d.tiburon.ca.us APPLICATION FOR VARIANCE A Variance is a form of regulatory relief available when a strict or literal application of zoning development standards would result in practical difficulties or unnecessary physical hardships for an applicant. These difficulties and /or hardships must be caused by physical conditions on, or in the immediate vicinity of, a site. Please refer to Section 16.52.030 of Chapter 16 (Zoning) of the Tiburon Municipal Code for additional information regarding Variances. 1 WHAT VARIANCE(S) ARE YOU REQUESTING? APPLICATION FOR VARIANCE REV 06/10 TOWN OF TIBURON 7�y p ICJ BIT NO. P- 3 Page 1 This Magnitude Zoning Existing Application Of Variance Condition Requirement Condition Proposes Requested Front Yard Setback o — O 10 �� �j " " L 2(b<< 4 Rear Yard Setback Left Side Yard Setback Right Side Yard Setback Lot Coverage Height , Parcel Area Per Dwelling Unit Usable Open Space Parking Expansion of Nonconformity Other (Please describe): APPLICATION FOR VARIANCE REV 06/10 TOWN OF TIBURON 7�y p ICJ BIT NO. P- 3 Page 1 469B Magnolia Avenue Larkspur, CA 94939 Phone 415 927 1156 Fax 415 927 0847 www.polskyarchitects.com P 0 L S i 31 January 2013 (E R L S T E I N A R C H I T E C T S Town of Tiburon Community Development Department Planning Division 1505 Tiburon Boulevard Tiburon CA 94920 Re: 4 Southridge Road East To Whom It May Concern: This letter pertains to Front Yard and Coverage variances sought for the above property. FEB 1 4 We propose the following findings in support of both Front Yard setback + Coverage variances: 1. SPECIAL CIRCUMSTANCES: This property is a down - sloping lot. There is a neighbor uphill and behind the subject property at #2 Southridge Road East and another neighbor lower and to the East at #6 Southridge Road East. The existing house not only sits 19' -7" into the front yard and 5' -0" into the eastern side yard setbacks, but it is also over the required coverage by 3.9 %. We are asking for an additional 1 % increase in coverage from the existing while decreasing the Front Yard encroachment by 10' -3" and bringing the new structure into conformance along the eastern Side Yard setback. Having neighbors uphill, the design has more horizontal mass on the lower, Main Level to keep from blocking any of those neighbors' views. Additionally, having a neighbor down and to the East side, the design strives to preserve privacy by not adding a second story to the East, which would loom over that eastern property. 2. NO SPECIAL PRIVALEGES: Granting the variances would not result in special privileges inconsistent with limitations on other properties in the vicinity because both of the neighboring structures encroach further into the Front Yard than the proposed residence. Furthermore, the lot area is nearly 2,000 sf smaller than the zoning minimum lot size. 3. PRACTICAL DIFFICULTY OR UNNECESSARY HARDSHIP: Strict application of the zoning regulations would result in a more vertically - oriented, 2 -story house which would encumber views from #2 and crowd 96. In addition, adhering to the front yard setback would create 1 - Bradford Hubbell Architect x307 Cc: File �_' either a long "bridge" to access a street -level garage or a steep ramp to access a lower garage. Creating a steep ramp with the garage down into grade would also increase the requested coverage. Conforming to the front yard setback would also push the taller, coverage - conforming building farther into the view corridor. 4. NOT DETRIMENTAL TO PUBLIC WELFARE: Granting of these variances would not be detrimental to the public welfare because they would not effect right -of ways. The variances would not be injurious to other property owners as they would allow the house to sit farther back into the hill, toward the street, minimizing its impact on the view corridor. Granting the coverage variance means that there would not be a larger Entry Level /second floor at street level. SUMMARY: Both variances combine to allow the house to stay low and therefore less visible to uphill neighbors. This preserves both views for uphill neighbors and keeps the house from looming over the eastern, downhill neighbor. Sincerely, Brad Hubbel Architect J IT ISO. 130122 Southridge Variance Findings.doc 2 Polsky Perlstein Architects 415.927.1 156 Print Page 1 of 1 Subject: Re: Hello From: Georgann Fuller (gfullercoach @comcast.net) To: gsandison @ymail.com; Date: Thursday, February 14, 2013 8:40 AM Hi, Your renovation plans look very good, and your new house will fit nicely into the neighborhood. Good Luck!, Georgann Fuller 10 Southridge Road East On Feb 10, 2013, at 10:01 AM, George Sandison <gsandison@ymail.com> wrote: Hello neighbors, My wife and I purchased 4 Southridge Road East last year but have yet to move in. We have taken some time to compare renovation and new build options and, after careful consideration, have decided to build a new home. Here are the highlights of the design: - stone /stucco exterior - flat roof, same height as the current roof peak i.e. - footprint is broadly similar to the existing house we're not building higher than the current roof peak - extending the rear patio - Polsky Perlstein Architects A pdf scan is attached, showing a rendition of the view from the street It is our hope and intention that our new home will make 4 Southridge look a lot better and add value to the neighborhood. We anticipate applying for planning permission within a few weeks and would be delighted to meet with anyone who would like to preview the plans. If you'd like to meet up, please call us on 415 888 3465 or email us at gsandison@ymail.com. Regards, George and Maureen Sandison <Scan_Doc0011.pdf> EXHIBIT NO._ httn://us.mLY40.mail.vahoo.com/neo/launch?.rand=au74ql4mll1mr) 2/25/2013 Print Subject Southridge East Home From: Ed Middendorf (edmidd @pacbell.net) To: gsandison@ymail.com; Date: Monday, February 18, 2013 5:20 PM Hello, George and Maureen, Let me just say that Marguerite and I are not only approving, but thrilled with your plans for your Tiburon property. If you need witness from a supporter with the Planning Commission, call on us. We're looking forward to watching the project unfold. In the meantime, as soon as my recovery proceeds a bit further, I "m looking forward to taking you to Marin Country Club for lunch and a round of golf. If you play also, Maureen, we can make it a foursome. Until then, all best wishes. we] Page 1 of 1 LJ ;V i FER 2 PLANNIN,-., VISION I . �1 I IBIT N0. httn- / /u, mL40. mail. vahoo_com /neo /launch ?.rand= au74al4m111mp 2/25/2013 36 Southridge West Tiburon, CA 94920 Telephone: (415) 381 -4467 April 15, 2013 Design Review Board Town of Tiburon, California Dear Members of the Design Review Board, LATE MAIL #141/ Re: Application of George F. & Maureen Sandison - 4 Southridge East (Reedlands) Having lived in Tiburon for decades, and looking forward to spending our golden years in this beautiful community, we would like to preserve our bucolic environment, safe neighborhood, and long -term real estate values. The proposed project, less than 300 feet from our home, and downhill (south -west) from us, causes us concern: A) Design: The existing structure is a single -story house built unobtrusively into the hillside and below a garage that is at street - level. There has never been any living space at the street level - -- only the garage - -- and the house has thus, for decades, been barely visible from our home. Mr. Sandison wishes to replace this single- story, recessed house with a large two -story house having significant living spaces (entry foyer, bedroom, bathroom, multiple closets, elevator and staircase) plus garages at the street -level and with a dramatically reduced front setback. We met with Mr. Sandison at the site on February 16. We understood that his new structure would be in compliance with Tiburon's Design Guidelines for Hillside Dwellings, and we welcomed him to our community. We were pleased that an old house would be replaced by something new and, hopefully, enhance our neighborhood. However, when story poles were erected, it became clear that the new structure would not be integrated with the sloping site; thus, it would be at odds with Tiburon's long- standing Hillside Guidelines. A markedly reduced front setback would exacerbate the problem. Also, the new boxy 2 -story structure, much of it above street - level, would erode our historical views of the estuary and Strawberry. Incidentally, the story poles have been placed behind tall fences and overgrown shrubs and trees. Because these poles are thus camouflaged, it is difficult to get a candid assessment of the proposed structure. We request, therefore, that Mr. Sandison's Application be continued for a reasonable time after pertinent portions of the camouflaging fencing and overgrowth are removed. Mr. Sandison has told us that he intends to remove these items; so, why not do it now? The house has been vacant since he purchased it approximately six months ago... Irrespective of the impact on our views, we request that consideration be given to terracing and use of vacant sub - structure spaces in the downhill slope so that the new house can be in conformity with the Hillside Guidelines, so that the need for such a pronounced setback - reduction is eliminated, and so that the new house is in harmony with the existing structure. EXHIBIT NO 9- Design Review Board Page Two April 15, 2013 B) Construction Noise & Job Site Management: About one year ago, George F. Sandison moved from Texas to his quiet and secluded estate in Mill Valley, 156 Oakdale Avenue. Since then, he has purchased additional properties. He currently has at least three residential development projects in progress in southern Marin (84 Glenwood Ave in Ross, 16 Escalon Drive in Mill Valley and 4 Southridge East in Tiburon), all ostensibly to be his new "dream home ", all with the same architect, and all having similar external characteristics. We respect Mr. Sandison's prerogative to be a developer, and we wish him well. However, we would appreciate thoughtful consideration of our right to the peaceful, safe, healthful and quiet enjoyment of our home and neighborhood, especially given our age and our respective serious health issues and disabilities, and especially given the fact that this demolition and construction project will take 2 to 3 years. We have conveyed these concerns to Mr. Sandison and requested "reasonable accommodations ". We were relieved when he initially seemed sensitive and understanding. Thereafter, however, Mr. Sandison informed us that his building contractors were not amenable, and we are worried about the health- impact of the prolonged disruption of our repose and tranquility. In light of lessons learned from the development projects of other non - resident owners, including being forced to leave our home and incur the vast expenditures of staying in hotels due to prolonged unbearable early- morning construction noise, we request that ultimate approval of Mr. Sandison's project be conditioned on clear Job Site Management rules with meaningful prophylactic sanctions similar to those of our sister - community, Belvedere. We urge a thoughtful balance between people's development desires and the health needs of residents. Given our demographics (almost - entirely a mature neighborhood of retirees), perhaps it is time for construction activity to start at 9 a.m. instead of 7 a.m. with the developer, in fairness, being allowed a couple of extra weeks to complete the job without penalty. Thank you for your consideration. Respectfully, 4-- Rick and Lalita Waterman Cc: Peggy Curran, Tiburon Town Manager Emmett O'Donnell, Tiburon Mayor 7L.11 U 36 Southridge West Tiburon, CA 94920 Telephone: (415) 381 -4467 April 17, 2013 - SUPPLEMENTAL SUBMISSION Design Review Board Town of Tiburon, California Dear Members of the Design Review Board, 1 APR 1 1 2013 PLANNING DIVISION LATE MAIL # 441. Re: Application of George F. & Maureen Sandison - 4 Southridge East (Reedlands) We write as a follow -up to our letter of April 15, 2013. As long- standing residents who have incurred the enormous expense of modifying our home so as to accommodate our physical challenges, we would like to be able to live here free of unbearable noise and nuisance. We ask that you predicate your approval (with plan modifications) on the following conditions and that said conditions be reproduced on the cover sheet of the plans submitted for a building permit: 1. Construction Hours are limited as follows: No Demolition or Construction work is to commence before 9:00 a.m. This includes the warm up of equipment and delivery of materials. It also includes, but is not limited to, Pick -Up & Drop -Off of Debris Boxes & Portable Toilets (including Pump -Out of Portable Toilets). Violation of construction work hours will result in a Stop Work Order that will be enforced by the Police Department and lifted only after approval from the Building Department. No construction vehicles to be allowed to idle for any period of time at the construction site or on neighboring streets. 2. Neighbor Relations a. Within 24 hours of receiving a building permit, Contractor and Owner to provide (via e- mail) a telephone number and an e-mail address to neighbors within 300 feet, and other concerned individuals. This phone to be answered during the Work Hours designated herein. A 24 -hr. pager or cell phone service to be provided to said persons for use during non -work hours. b. Subcontractors to provide to Contractor an e-mail address and a phone number that will be answered by a Subcontractor employee during work hours. A 24 -hr. pager or cell phone service to be provided to neighbors for use during non -work hours. c. Project Manager and Site Supervisor to meet with neighbors on a regular basis, and not less than once a month at the neighbors' request, to address any concerns. d. Owner and Contractor to notify neighbors (via e-mail) of all demolition and loud outdoor construction activity no less than 48 hours in advance. "Loud outdoor construction activity" means that which is conducted outside a completely enclosed space and which transmits noise beyond the boundaries of the site. 3. Applicant shall provide written evidence to the Town planner, prepared by a licensed land surveyor, confirming that the setbacks, floor elevations and height of the structure comply with approved plans prior to project final. BiT NO Design Review Board Page Two April 17, 2013 — SUPPLEMENTAL SUBMISSION 4. The Town may collect a deposit in advance of building permit issuance to cover the anticipated cost for any Town consultants, such as the Town hydrologist and Town arborist. Any additional costs incurred by the Town, including costs to inspect or review the project, shall be paid as incurred and prior to project final. 5. Prior to any demolition of the existing structure, which was constructed in 1961, or prior to the issuance of a building permit for the new structure, an asbestos and lead -based paint survey shall be provided to the Town Building Department. If asbestos - containing materials are determined to be present, the materials should be abated by a certified asbestos abatement contractor in accordance with the regulations and notification requirements of the Bay Area Air Quality Management District. If lead -based paint is identified, then federal and state construction worker health and safety regulations should be followed during demolition activities. If loose or peeling lead -based paint is identified, it should be removed by a qualified lead abatement contractor and disposed of in accordance with existing hazardous waste regulations. 6. The plans submitted for a building permit shall include a detailed construction and traffic management plan for review and approval of the building official, in consultation with the police chief. The plan shall include: management of worker vehicle parking, location of portable toilets, areas for material storage, traffic control, method of hauling, size of vehicles, and washout areas. 7. The Applicant shall submit a schedule that outlines the scheduling of the site development. 8. The Job Superintendent must be on site at all times during construction activity, whether by the contractor or a subcontractor. Failure to have supervision on site may result in a Stop Work Order. 9. Failure to comply in any respect with the conditions or approved plans constitutes grounds for Town staff to immediately stop work related to the noncompliance until the matter is resolved. If a Stop Work Order is issued, the Town may retain an independent site monitor at the expense of the Applicant prior to allowing any further demolition /construction activities at the site. Additionally, any work commenced or continued in violation of these conditions shall be unlawful and shall be declared a public nuisance. The violations may be subject to additional penalties as provided in the Tiburon Municipal Code and California law. Thank you for your consideration. Respect ully, ick and Lalita Waterman Cc: Peggy Curran, Tiburon Town Manager; Emmett O'Donnell, Tiburon Mayor Connie Cashman From: Dan Watrous Sent: Thursday, April 18, 2013 2:46 PM To: aIIDRB Cc: Connie Cashman Subject: FW: Late mail Late mail for 4 Southridge East... Daniel M. Watrous Planning Manager Town of Tiburon (415) 435 -7393 fil APR 18 2013 PLANNING DIVISION LATE MAIL #ad/' From: Moe Nobari [mai Ito: moe @moenobari.com] Sent: Thursday, April 18, 2013 2:10 PM To: Dan Watrous Cc: George Sandison Subject: Concern on some issues on the design review for 4 Southridge East, at 07/18/2013 Design Review Board meeting Hello Dan, I wanted to bring you up to date on my discussions with Mr. George Sandison before tonight's Design Review Meeting on the new construction plans that he has submitted for 4 Southridge East property. We live in 6 Southridge East and had concerns about some aspects of the plans which we did talk to Mr. Sandison about it and I believe we have resolved all those issues except one. Our concerns are mostly about our privacy, fencing, the type of fencing, height of fencing, not cutting some trees, replacing some trees that are cut with at least 10' tall trees . To make it easy and hopefully to the point, below I will send you my emails to him after our meeting at the site and his responses. If followed, and written into the conditions of approval, it resolves all the issues between us except one. That is the 6" and 9" Oak trees. Being a heritage tree and providing privacy between our houses, I am requesting that the 9" tree to remain and be trimmed only, since it really does not block any view for the newly added window and changed angel of the house. However, it provides privacy to our house since as you can see we would want to change that part of the fence to a wire mesh fence and use trees and shrubbery to create privacy fence to keep it in line of what is existing and also not to block our view. Mr. Sandison and us have already agreed to this change in the fence. We will be looking for you and the Board to make the final decision on the open issue and include language for implementation of other agreed upon points. Many Thanks Moe Here are the emails which shows the agreed parts and the disagreed part: Moe, Unfortunately we have a different understanding on trees are seriously view blocking for us, so we'd you suggest, perhaps we let the DRB decide on the 4/18/2013 the issue of the trees. Both like to remove them both. As issue. - No. �, t 6� 3 Regards, George On Apr 15, 2013, at 12:28 PM, Moe Nobari <moe(@moenobari.com> wrote: > Hello George, > I am Glad that you agree to everything else. I think the point of disagreement is that I wanted all trees to be trimmed and kept for privacy as a buffer between us. After your insistence on having view corridor, I agreed that you remove 6" Oak and trim 9" Oak and the other tree . This way, it would give you the view corridor that you are trying to create but does not infringe into our privacy and cutting large oak trees. I hope this to be your understanding from our meeting as well, otherwise we may have to let the DRB to decide on that one particular issue. i.e. 9" oak to be cut or trimmed. > Thanks > Moe > - - - -- Original Message---- - > From: George Sandison [mailto:gsandison(@ymail.com] > Sent: Monday, April 15, 2013 12:09 PM > To: Moe Nobari > Subject: Re: Story poles > Hi Moe, > We recall everything the same except for the trees at the South end of our property. We want to remove two trees, not one. You'll recall that I actually wanted to remove three trees in that area, but agreed to reduce that to two trees during our discussion. It's very important to us to remove those two trees, as they clearly block our view to Belvedere. > I'm happy to meet again at the house to help ensure we have the same understanding going forward. If you'll let me know what time works for you, I'll be there. > Regards, > George > On Apr 15, 2013, at 11:38 AM, Moe Nobari <moe(@moenobari.com> wrote: >> Dear George, >> It was great meeting you on Monday and discussing some of our concerns about the new house construction you are planning to do on 4 Southridge East. I am glad that we did reach an agreement in our site visit meeting. I would like to put our agreement in writing so there would not be any misunderstanding or confusion later on when going thru design review process. >> On the issue of how to resolve the privacy issues between our houses we agreed to the followings: >> The Fence in between us would be a solid fence, double faced, and stepped down, starting at the property line on the street and abutting both our fences which goes parallel to the street. The fence would be done in a way that on the street side it would start at the same level of the street fence and would come down to 6 foot in height to be ending to a 4 x4 post. Then it would start again lower at +/ -4.5 feet high and would go upto 6 feet tall to the next post. Step down would finish when the property levels off. very similar to existing fence between our properties. Thereafter, 6 Foot fence will continue until it abuts the south side existing wire mesh fence. N. I l 4/18/2013 }P, ��'� >> We also agreed that you leave the Toyon Trees in place to screen as a buffer between the houses and if you are cutting some other trees Like the one that We do not know the name of it which has yellowed leaves, next to Toyons, you would be replacing them with other trees at least 10 feet tall . The solid fence between our houses will continue for 6 feet beyond where the existing wood fence finishes. Thereafter, the remainder of the fence would be wire mesh fence on a 4 x4 PT Post all the way until it abuts the other existing fence perdendicular to it at the same height of 6'. >> The 3 trees on the fence line ,toward the south side between our properties shall stay in place and be trimmed only. The 9" Oak shall stay in place and be trimmed only and not to be removed as you have now requested in the submitted plans to the design review committee. Keeping these trees would create landscaped buffer screening between the 2 houses as is and will keep the privacy between our two residences which is our agreement. >> The 6" Oak can be removed and be replaced as is required under city's tree ordinance and per your request to DRC per submitted plans. >> Please let me know your agreement with my summation of our agreement in the meeting we had. >> Best Regards >> Moe MOE NOBARI H -Y -H CORPORATION 655 REDWOOD HWY, SUITE 332 MILL VALLEY, CA 94941 TEL: 415 - 383 -1848 FAX: 415-383-0736 CELL: 415- 706 -4700 MOE @MOENOBARLCOM 5 v�' 3 4/18/2013 i STATEMENT: RE #4 SOUTHRIDGE EAST FROM : Edward R. and Marguerite R. Middendorf Owner : #2 Southridge East The proposed new single family dwelling lies directly across the cul de sac from our home, across our view to San Francisco. May it please the Design Review Board to know that we find the proposed design very attractve. It is proposed at the same height as the existing home and does not impact our view. The requested variances are without objection from our point of view. We are directly across from the proposed project in a large cul de sac. Since the construction hours proposed are standard for Tiburon, we find them acceptable as is. This is an outtanding home project and we recommend that The Board approve it. Respectfully submitted, Edward R. and Marguerite R. Midden orf ���� 2m T VlAY 14 2013 TOWN MANAGERS OFFICL TOWN OF TIBURON May 6, 2013 Mayor Emmett O'Donnell and Members of the Town Council Tiburon, California 94920 Dear Mayor O'Donnell and Members of the Tiburon Town Council: Re: Proposed Revision of Tiburon Ordinance on the allowable times of day allowed for Demolition and Construction Work in the Town of Tiburon Dear Mayor O'Donnell and Members of the Tiburon Town Council My family and I have resided at 10 Southridge West since May, 1974. We are writing this letter to support the efforts of Rick and Lalita Waterman, residing at 36 Southridge West, to have the Town of Tiburon's ordinance regulating the time of day that all construction activity is allowed to begin changed from 7:00 A.M., to 9 00 A.M. At the present time, the town of Tiburon is (to the best of my knowledge) the only city or town in Marin County that allows construction activity to begin at an extremely early hour, namely 7:00 A.M. Most other Marin County communities allow construction activity to begin no earlier than 8:00 A.M. 7:00 A.M. is an outrageously early time for any construction work to begin, and amounts to a totally unnecessary disturbance of the peace in our residential communities. The normal starting time for most types of work in our society is 9:00 A.M. A normal working day lasts for eight hours, ending at 5:00 P.M. We cannot think of any reason why this customary working schedule cannot be applied to residential demolition and construction as well. Allowing such work - often extremely noisy, amounting to heavy industrial activity in an otherwise totally calm, quiet, and peaceful residential area - to begin so early amounts to a major annoyance and a public nuisance. Therefore, we respectfully urge the members of the Tiburon Town Council to concur with the Watermans' perfectly reasonable request, and to change the starting time allowed for the commencing of demolition and construction work be changed, from 7:00 A.M. to 9:00 A.M. Respectfully submitted, Edwin F. and Valda H. Carter U a A- !.ji�-IIBIT ISO. RECEIVED- MAY 14 2013 8 Southridge West TOWN MANAGERS OFFICE Tiburon, CA 94920 TOWN OFTIBURON May 11, 2013 Peggy Curran, Town Manager Mayor Emmett O'Donnell & Town Council Members Town of Tiburon Re: Appeal of the Design Review Board Decision - Application #21307 (4 Southridge East) Dear Peggy: Our family has lived at 8 Southridge West for twenty -six years. We appreciate your serious consideration of my husband, Bruce's medical condition which would be impacted by the major project at 4 Southridge East. Three years ago my husband had a series of 7 strokes. Subsequently he had lifesaving brain surgery at UCSF. His health is significantly compromised. The noise of delivery and construction trucks at 7 am would not only impact his sleep, but would increase his anxiety. Anxiety decreases his ability to function. Please support our request to modify both the delivery of materials and construction hours to 9 am to 6 pm. I will be away from California on June 5. Hence, I request that this letter be read into the record and made a part of the record. Thank you, 9�� -1$�,C Ellen Hall 14 To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Council Meeting June 5, 2013 Agenda Item: Public Works Department & Community Development Department Consider Introduction of an Ordinance Amending Chapter 20 (Animals) of the Municipal Code and Adoption of a Dog Walking Permit Program for Town Open Space Areas INTRODUCTION The item before the Town Council is the recommendation of the Parks, Open Space, and Trails (POST) Commission to adopt a dog - walking permit program for Town open spaces and adoption of municipal code amendments necessary for its implementation. BACKGROUND Over the years, the Town has periodically received complaints regarding dog- walking practices in the Town's open spaces. Concerns ranged from too many unleashed dogs frightening other open space users, to trampling and damage of sensitive habitat, to unsanitary conditions from excess uncollected or improperly disposed of dog waste and other trash. The POST Commission held a discussion of the issue at its September 18, 2012 meeting, and appointed a subcommittee (McDermott and McMullin) to study the issue and provide appropriate recommendations to the full Commission. Local newspapers began to cover the issue, generating additional complaints from concerned citizens about the dog- walking related problems, which appear to be intensifying. At its January 15, 2013 meeting, the Commission received an update from its subcommittee and directed the subcommittee to work with staff on drafting a dog walking permit program to regulate the walking of dogs on Town open space. POST received additional public comment at its meeting on March 19, 2013. Staff (including the Police Chief) and the subcommittee collected and reviewed dog walking permit programs from other governmental agencies and formulated a draft permit application and program tailored to the Town of Tiburon's open spaces. Draft municipal code amendments necessary to implement the dog walking program were also prepared for review by the full Commission. On May 21, 2013, the Commission received additional public testimony on the issue and voted 4- 0 to recommend to the Town Council adoption of a dog - walking permit program and adoption of municipal code amendments necessary for the implementation of the permit program. The POST Commission was sensitive to the issue of creating new and additional regulations, but concluded TOWN OF TIBURON PAGE 1 OF 3 Lit A 5, 2013) that the problems being addressed were real and legitimate, and, given the public testimony, would not be resolved by education, exhortation, or other traditional non - regulatory means. ANALYSIS The proposed Dog Walking Permit program would be similar to that adopted by the Marin County Open Space District and employed on Tiburon peninsula open spaces that are managed by that agency. The program and municipal code amendments address issues such as dog waste disposal, sensitive habitat protection in open spaces, public safety, dog safety, dog walker training, insurance coverage, permit fees, dog walking days and hours, appropriate dog walking locations, appropriate signage, and the wearing of a colored and numbered vest for easy identification. Attached Exhibit A sets forth the program materials and is comprised of four sections: 1. Informational Handout 2. Amended Municipal Code sections relating to dogs 3. The Dog Walking Permit application form 4. Standardized Dog Walking Permit Conditions Supporting items in Exhibit A include open space maps depicting the fire roads where Dog Walkers would be allowed to walk up to six (6) dogs at once; a graphic of the vest to be worn by permit holders; and mock -ups of signage proposed to be posted at key points along the fire roads. Primary elements of the Dog Walking Permit program and municipal code amendments are as follows: ➢ Prohibiting walking of more than 3 dogs at one time in any public place in Tiburon other than on designated fire roads in Town Open Space (excludes private property not open to the public and excludes Marin County Open Space District lands when following the regulations of that agency). ➢ Prohibiting dogs from entering biologically sensitive areas where posted. ➢ Dogs and Dog Walkers must stay on the designated fire roads. ➢ Requiring a Dog Walking Permit for any person walking 3 or more dogs on those designated fire roads, and capping the number of dogs at 6 at any one time. No more than 3 dogs may be off -leash at any one time; dogs must stay within 20 feet of the Dog Walker; and must return promptly when called. ➢ Requiring Dog Walking Permit holders to wear a numbered vest and carry a copy of the permit and a copy of their dog obedience class certificate. ➢ Dog- walking hours would be restricted between the hours of 7 AM to 7 PM every day. ➢ Dog Walking Permits would be valid for one year and can be renewed each year. Permits would cost $150 for the initial permit and one vest, with each additional vest applied for TOWN OF TIBURON PAGE 2 OF 3 costing $20. There would be a $50 refundable deposit for each vest received with a permit. ➢ The total length of fire roads in Town Open Space that would be involved in the permit program is approximately 1. 15 miles. ➢ Permit enforcement would be performed by the Tiburon Police Department on a "complaint" basis and penalties for violations generally imposed through the Administrative Citation process. A draft ordinance setting forth the municipal code amendments necessary to enact the Dog Walking Permit program is attached as Exhibit B. Background information on POST proceedings, public correspondence, and newspaper coverage are attached as Exhibits C and D. FISCAL IMPACT Initial costs of establishing the program include the costs of application processing (recovered by application fees); production of identification vests (also recovered by application fees) and fabrication and installation of signage necessary to initiate and enforce the program. Initial signage costs will probably be less than $1,000 and periodic replacement costs even lower. Existing personnel would manage and enforce the permit program. RECOMMENDATION Staff recommends that the Town Council: 1. Take public comment on this item. 2. Review the proposed Dog Walking Permit program materials, including the draft ordinance, and direct any desired changes. 3. If appropriate following deliberation, proceed with the introduction and reading of the proposed ordinance. The procedure would be to move to read the ordinance by title only, waiving any additional readings, and introduce the Ordinance. Pass the reading by roll call vote. If reading is passed, the Ordinance will return for adoption on a future regular meeting consent calendar. The ordinance would take effect 30 days after adoption. 4. Move to accept the proposed Dog Walking Program and direct staff to implement it. EXHIBITS A. Draft Dog Walking Permit Program materials B. Draft Ordinance C. POST staff reports, minutes, correspondence D. Related newspaper articles Prepared By: Nicholas Nguyen, Director of Public Works Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 3 OF 3 : OT1 C - w =NG, r Town of Tiburon — Public Works Department Informational Handout on Dog Walking Permit Program Thank you for your interest in the Dog Walking Permit Program. The Town's Municipal Code prohibits walking more than three (3) dogs in most public places in the Town. However, with a Dog Walking Permit, you can walk up to six (6) dogs at any one time on specified Fire Roads located on Town Open Space. This packet describes how to apply for, obtain and use a Dog Walking Permit. CONTENTS This packet includes the following: Dog Permit Program Informational Handout Attachment A: Tiburon Municipal Code Sections and Definitions Regarding Dogs Attachment B: Dog Walking Permit Application Form Attachment C: Permit Conditions for Dog Walking and Fire Road Location Maps Attachment D: Example of Town Insurance Endorsement Requirements PURPOSE OF THE PROGRAM To ensure that all users have a safe and healthy experience on Town Open Space and to protect sensitive habitat areas, the Town requires a permit for any person who walks more than three (3) dogs at any one time on Town Open Space. A Dog Walking Permit holder may walk up to six (6) dogs at a time on specified Fire Roads in Town Open Space. See Attachment A for Town laws governing dog walking in the Town. PERMIT PROCEDURE Applicants for Dog Walking Permit shall follow the procedures below: 1. Obtain a Dog Walking Permit application package from the Public Works Department located at Town Hall or on -line at www. townoftiburon .org/ ......................... 2. Complete and return the Dog Walking Permit application form along with all required attachments and the $150 permit processing fee to the Town of Tiburon Public Works Department at Tiburon Town Hall, 1505 Tiburon Blvd. Tiburon, CA 94920. An incomplete packet will be returned unprocessed. 3. Within thirty (30) days following the receipt of a completed application packet and payment of processing fees, staff will complete a review of the application and required FT -1-1IB IT NO. P•( attachments and render a decision. After approval of a permit, staff will contact the applicant to set an appointment to meet in person to review permit conditions and receive a copy of their approved permit and required identification (ID) vest(s). Staff will collect the deposit fees for the vests at that time. By accepting a Dog Walking Permit, the Dog Walker agrees to abide by the Permit Conditions and the Town's Municipal Code regulations regarding dogs. Applicant also agrees to inform, educate and guarantee that all his/her employees or agents who will be walking dogs on Town Open Space are aware of and abide by the regulations and permit conditions. PERMIT ENFORCEMENT AND ADMINISTRATION The Director of Public Works has discretion to select the appropriate means of enforcing_ permit requirements. Fines and Enforcement: Fines for violation of municipal code regulations and violations of dog walking permit conditions will be administered through the Town's Administrative Citation process or other available method as set forth in the Tiburon Municipal Code. Modification of Permit Conditions: The Director of Public Works may immediately and without notice modify permit conditions for reasons of safety (human or animal) or for critical resource protection. For other modifications, permit holders will be notified at least thirty (30) days in advance of the proposed modification(s) taking effect. Revocation or Suspension of Dog Walking Permits: The Town reserves the right to revoke or suspend permits based on complaints, violations, expired insurance or licenses, or for other good cause. Surrender of Permit Upon Revocation or Suspension: Upon revocation or suspension of a permit, the permit holder will immediately surrender their permit and will return all identification vests issued under the permit to Public Works staff within three (3) days. Vests may be returned in person or mailed to: Tiburon Public Works Department 1505 Tiburon Blvd. Tiburon, CA 94920. Appeals: Permit holders who have their permit revoked, suspended or modified by the Public Works Department may appeal that action within ten (10) days to the Planning Commission, whose decision shall be final. Appeals shall be submitted on a form prescribed by the Tiburon Town Clerk. The appeal filing fee is $500. Voluntary Cancellation: In the event that a permit holder voluntarily cancels or surrenders their permit, all vests issued must be returned within three (3) days of the cancellation or surrender to the Public Works Department. ev Z ATTACHMENT A DRAFT TIBURON MUNICIPAL CODE REGULATIONS CONCERNING DOGS [NOTE: Proposed New Sections are underlined] 20 -2.160 Dogs running at large in certain public places. It is unlawful for the owner /guardian or person having control of any dog to permit the dog to run at large in any public place, including without limitation, parks, school grounds, commercial districts, wildlife preserves or game refuges, or in any public watershed areas; except where the Town Council by ordinance or resolution has specifically permitted dogs to run at large; and where signs acknowledging such permission have been erected by the Town. Every dog found running at large in violation of the provisions of this section shall be immediately seized and impounded. Any duly authorized peace officer or person exercising peace officer powers shall be entitled to take such other action as may be reasonably necessary for the protection of public health and safety. 20 -2.165 Dogs - - -- Owner /guardian responsible for removing feces. It is unlawful for the owner /guardian or person having custody or control of any dog to allow such dog to defecate upon any public property or upon any private property not owned or possessed by said person unless the person immediately removes and disposes of the feces in a sanitary manner. 20 -2.170 Dogs running on certain private lands. It is unlawful for the owner /guardian or person having control of any dog to suffer or permit the same to run upon the lands of another whereon livestock or domestic fowl are kept, without the consent of the owner /guardian or person entitled to the use or possession of such lands. 20 -2.171 Walking of More than a Certain Number of Dogs Prohibited. a) It is unlawful for any person to walk more than three (3)d s at any one time in any Public Place in the Town of Tiburon, except as allowed in section 20- 2.173. b) Subsection (a) above shall not apply to any person on land owned by the Marin County Open Space District ( "District "), provided that said person is in full compliance with any applicable rules and regulations promul atg ed by the District. 20 -2.172 Dogs Prohibited in Biologically Sensitive Areas It is unlawful for any person having control of any dog to allow said dog to enter a Biologically Sensitive Area or any area identified by appropriate signage or other demarcation as an area not to be entered. 20 -2.173 Dogs on Town Open Space. a) It is unlawful for any person to walk more than three (3) dogs at any one time in any Public Place other than on a Fire Road in Town Open Space specifically signed to allow Dog Walkers. In no instance shall a person walk more than six (6) dogs at any one time, and in no instance shall a person walk more than three (3) dogs on any Trail in any Town Open Space. p•3 b) Any person walking more than three (3) dogs at any one time on any Town Open space pursuant to subsection (a) above must be in possession of a Dog Walking Permit issued by the Tiburon Public Works Department, and must be wearing a numbered Identification Vest issued by the Tiburon Public Works Department. C) The Town Manager or designee shall establish the requirements and conditions for the Dog Walking Permit program. d) Any Dog Walker failing to possess a Dog Walking Permit or failing to wear the Town - issued Identification Vest shall be in violation of this section and shall be punishable as set forth in section 20-1.005. e) Any Dog Walker failing to comply with any of the conditions of their Dog Walking Permit shall be in violation of this section and shall be punishable as set forth in section 20- 1.005. e) Notwithstanding the foregoing, this section shall not apply to any person on land owned by the Marin County pen Space District ("District"), provided that said person is in full compliance with any pplicable rules and regulations promulgated by the District. 20 -2.175 Control of dogs - -Leash requirement in certain places. It is unlawful for the owner /guardian or person having custody or control of any dog to allow such dog in the places listed below unless such dog is restrained by a leash of sufficiently short length to enable such person to maintain constant control over such dog: a) The entire length of the Old Rail Trail (former railroad right -of -way), defined as the paved pathway commencing on the west at Blackie's Pasture Road and terminating on the east at the intersection of Cove Road and Tiburon Boulevard; b) McKegney Green, defined as the large grassy field located in the Richardson Bay Lineal Park across Tiburon Boulevard from Del Mar Middle School and immediately northwest of the prominent knoll (South Knoll) located near the public street known as Pine Terrace; C) South Knoll Park and Playground, defined as that portion of Richardson Bay Lineal Park bounded on the north by South Knoll, on the east by the Multi -use Path, and on the south and west by Richardson Bay, including the irrigated and non - irrigated field areas and the playgrounds; d) Zelinsky Park and Railroad Marsh, defined as those grassy park and freshwater marsh and fringe areas located directly behind (north of) the Belvedere Public Library and Tiburon Town Hall at 1501 -1505 Tiburon Boulevard, and bounded on the west by Mar West Street, on the east by the Point Tiburon Marsh residential condominiums, and on the north by the Judge Field portion of the Tiburon Peninsula Club property; e) Shoreline Park, defined as the park located in the downtown area between Paradise Drive on the north, San Francisco Bay on the south, Mar West Street on the east, and the Main Street/Tiburon Boulevard intersection on the west; f) Any street, sidewalk or parking lot in the downtown area, as that term is defined in Section 20- 1.002; g) Any commercial district, as that term is defined in Section 20- 1.002. 20 -2.177 Control of dogs by responsible person - - -- General (a) Every owner /guardian or possessor of a dog shall at all times prevent such dog from biting or physically harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property. (b) Every owner /guardian or possessor of a dog shall at all times prevent such dog from . P. 40 causing injury to another domestic animal that results in veterinarian treatment or death while such domestic animal is lawfully upon public or private property. (c) Every owner /guardian or possessor of a dog shall desist from commanding or provoking such dog to attack, sic or threaten a person when such person is peaceably and lawfully upon public or private property. Relevant Definitions Biologically Sensitive Area: An area where biologically sensitive flora or fauna are known or believed to exist and which is identified by ppropriate signage or other demarcation as an area not to be entered. Dog Running at t Large: A dog that is not under the immediate control and direction of a competent, responsible person who is capable of controlling the doggy Dog Walker: A person who brings more than three (3) dogs into a Public Place at any one time. Dog Walking Permit: A permit issued by the Tiburon Public Works Department authorizing a Dog Walker to walk a maximum of six (6) dogs at any one time on Town Open Space. Permits will be valid for one year from the date of issuance. Fire Road: A readily identifiable and eg nerally twin -track or graded passage way in Town Open Space capable of providing vehicular use, specifically for emergency and maintenance vehicles. Fire roads are eg nerally at least eight (8) feet wide. Identification Vest: A numbered vest issued by the Tiburon Public Works Department to Dog Walking Permit holders. Public Place: Any and all areas that are open for public use whether or not such area is in public or private ownership. The term "public place" as used in this Chapter shall include, without limitation and without regard to whether such property is publicly or privately owned, streets, sidewalks, pathways, parks, pedestrian ways, schoolyards, beaches, and parking lots. Town Open Space: Any Town -owned Public Place that is protected from development by state or local law, easement, grant deed or other legally binding instrument. Town -owned Public Places include land that the Town owns outright or in which the Town holds an easement, leasehold or other real property interest. Town Open Space lands are e�y zoned "OS- -Open Space" on the Tiburon Zoning Mai). Trail: A readily- identifiable and often incised unpaved passage �way in Town Open Space that is generally single -track and eg nerally allows users to walk not more than two abreast. Trails are not permitted to have vehicles on them and are generally not more than two (2 to three (3) feet wide. f.5 ATTACHMENT B PERMIT APPLICATION FOR DOG WALKING PERMIT ON TOWN OPEN SPACE Complete this form to apply for permission to walk more than three (3) dogs (maximum of six) at any one time on specified Fire Roads in Town Open Space. Before signing this application form, read the attachments carefully to become familiar with the standard conditions of approval and with Town ordinances regarding dogs. Return completed application form with all required attachments and the filing fee of $150 to the Town of Tiburon Public Works Department at Tiburon Town Hall, 1505 Tiburon Blvd. Tiburon CA, 94920. Incomplete packets will not be processed and will be returned to the applicant. For questions, call (415) 435 -7354. APPLICANT INFORMATION (please print clearly; use blue or black ink) 1. Name: 2. Driver's Number #: 3. Company Name (If applicable): 4. Address: 5. Telephone #: 6. Email: 7. Tiburon Business License #: (Please attach a copy of each) City, State, Zip Code: Cell Phone #: Insurance Carrier & Policy #: 8. Dog Walking is permitted only between the hours specified in the permit conditions. 9. Applicants are issued one vest per approved permit. After permit approval, the permit holder may obtain additional permits by payment of $20.00 per vest (non - refundable) and a deposit of $50.00 per additional vest(refundable upon surrender of the vest to the Town in good condition). Number of vests requested: 10. Applicants will provide written proof (Certificate of Completion / Graduation) to the Town demonstrating they have completed a class in dog obedience from the Marin Humane Society or an equivalent organization when applying for a permit. P. 4 Any Applicant who walks or intends to walk dogs for a fee or other compensation must provide proof to the Town they have a valid Town of Tiburon business license before the Town issues the permit. Any Applicant who walks or intends to walk dogs for a fee or other compensation must provide proof to the Town that they have obtained general liability insurance in an amount not less than $1,000,000 that names the Town of Tiburon and the Public Works Department as additional insureds by separate endorsement. Coverage must be primary / non — contributory. Insurance and business license must meet all Town requirements and be maintained for the full term of the permit. ACCEPTANCE BY APPLICANT The above stated applicant hereby agrees to protect, save, hold harmless, defend and indemnify the Town of Tiburon and the Tiburon Public Works Department from any and all claims, liabilities or causes of action, including claims for injuries and death to persons or damage to persons or property arising out of or in connection with the activity within Town Open Space. By their signature the applicant understands that issuance of a Dog Walking Permit shall not create any entitlement to applicant after the expiration of the permit period, or after any earlier revocation of the permit. Permit holder agrees to abide by all rules, land use regulations, permit conditions and any directions related to their use of Town Open Space, and agrees to inform and educate all their employees /vest holders using this permit as to its requirements. Name (print) Signature: APPROVAL BY TOWN Date: This application has been approved subject to Town rules, regulations and attached conditions. Signature: Dog Walking Permit #: Vest No(s). Permit Expiration Date: Date: f. I ATTACHMENT C CONDITIONS OF DOG WALKING PERMIT Permit holders and permit users must obey all applicable dog- related regulations (attached) within the Tiburon Municipal Code as well as the following conditions: 1. Dog Walkers may exercise the permit only between the hours of 7 AM to 7 PM. 2. Dog Walkers and dogs must remain on specified Fire Roads at all times (see attached location maps) 3. Dog Walkers are limited to a maximum of six (6) dogs at any time on Town Open Space per the Municipal Code. Dog Walkers shall not have more than three (3) dogs off leash at a time. 4. Dogs must be kept under the immediate supervision and control of the Dog Walker at all times. This means, without limitation, the following: a. All dogs must be in view of the Dog Walker and no more than 20 feet from the Dog Walker while on Open Space. b. All dogs must return to the Dog Walker immediately when called (two calls with a return limit of 10 seconds). 5. Dog Walkers must carry one leash per dog under their supervision while on Town Open Space. 6. Dogs must not disturb other users of Town Open Space and must be under physical control of the Dog Walker. Disturbance is defined as unwelcome touching, jumping, or displaying threatening behavior and/or physically harming person(s) other animals or wildlife. 7. Dog Walkers shall pick up their dogs' waste during their use of Town Open Space, and shall dispose of it in an appropriate solid waste disposal receptacle. Bagged dog waste must not be left at fire road heads, along trails or anywhere else on Open Space except in appropriate solid waste disposal receptacles. Unless disposed of in this manner, dog waste must be carried at all times. All dogs four (4) months or older that are brought onto Town Open Space are required to have a current and valid dog license. 9. Vicious dogs and Potentially Dangerous dogs, as those terms are defined in Tiburon Municipal Code Section 20- 2.181, are not allowed on Town Open Space. 10. When using Town Open Space for dog walking, all Dog Walkers (and their employees) must carry a copy of their permit and dog obedience class certificate and make it pe 4 available to Town staff or any law enforcement agent when requested. Dog Walkers must also wear the Town sanctioned ID vest that identifies them as a Dog Walker who holds a valid permit issued by the Town of Tiburon. No alterations may be made to the vest. No substitutions may be made for the Town issued ID vests. 11. Complaints about a Dog Walker's use of Town Open Space or non - compliance with permit conditions may warrant revoking or suspending the permit at the Town's discretion. 12. Dog Walking Permits are valid for one year from the date of issuance. 13. Any Dog Walker that walks dogs for a fee or other compensation must have proof of the required insurance and business license required by the Municipal Code. Failure to have the required insurance and /or business license is grounds for immediate revocation of the permit. Applicant Signature: (Return this Permit Condition form (signed) with the application) DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY Insurance complete (circle one): Yes No Insurance Expires: Tiburon Business License Expires: Application fee owed: ($150.00 permit processing fee) Fee paid: Permit valid from Vest #(s) Issued: to cash or check payable to the Town of Tiburon Vest Deposit at $50 each: Additional fees owed at $20 /vest issued: cash or check payable to the Town of Tiburon [Staff Note: Attach Fire Road Location Maps and Municipal Code Regulations to Each Permit] p. 9 ATTACHMENT D SAMPLE INSURANCE ENDORSEMENT MARINC1 OP ID: SE CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER ' NAME: PHONE INSURED E-MAIL ADDRESS: — INSURER(S) AFFORDING COVERAGE INSURER A : INSURER B: INSURER C: INSURER D: NAIC # INSURER F — -- -- I COVERAGES i CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER, DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADD SUB POLICY EFF POLICY EXP LIMITS NSR SUB OF INSURANCE VAn POLICY NUMBER LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 t TU RENTED 500,00 A X COMMERCIAL GENERAL LIABILITY X PREMISES Ea occurrence $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ 20,001 I 1 000 00 UMBRELLA A � � EXCESS B AB { OCCUR A LP MS -MADE I DED I I RETENTION ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE ❑ N I A OFFICER /MEMBER EXCLUDED? A IF DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) The Town of Tiburon is named as Additional Insured, per the attached endorsement(s) CERTIFICATE HOLDER CANCELLATION PERSONAL & ADV INJURY $ + I GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMPIOP AGG $ I$ BODILY INJURY (Per person) I $ BODILY INJURY (Per accident) I $ PROPERTY DAMAGE $ (Per accident) EACH OCCURRENCE $ AGGREGATE $ $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEEI $ E.L. DISEASE - POLICY LIMIT I $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Tiburon ACCORDANCE WITH THE POLICY PROVISIONS. 1505 Tiburon Boulevard Tiburon, CA 94920 1 AUTHORIZED REPRESENTATIVE G 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ? • 10 I GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PRrO FT LOC AUTOMOBILE LIABILITY A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS UMBRELLA A � � EXCESS B AB { OCCUR A LP MS -MADE I DED I I RETENTION ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE ❑ N I A OFFICER /MEMBER EXCLUDED? A IF DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) The Town of Tiburon is named as Additional Insured, per the attached endorsement(s) CERTIFICATE HOLDER CANCELLATION PERSONAL & ADV INJURY $ + I GENERAL AGGREGATE $ 2,000,00 PRODUCTS - COMPIOP AGG $ I$ BODILY INJURY (Per person) I $ BODILY INJURY (Per accident) I $ PROPERTY DAMAGE $ (Per accident) EACH OCCURRENCE $ AGGREGATE $ $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEEI $ E.L. DISEASE - POLICY LIMIT I $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Tiburon ACCORDANCE WITH THE POLICY PROVISIONS. 1505 Tiburon Boulevard Tiburon, CA 94920 1 AUTHORIZED REPRESENTATIVE G 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ? • 10 I POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 t. it Fol C6 co L CD U CIO Q O L6 CL qql . 00 ,co O co N Z3 — u-) E CD -0 N co C O c� �– c O N O p. u . ƒ� % � m .. d Town of Tiburon Walking 4 or more dogs requires a permit. Walking up to 3 dogs is allowed on Trails & Fire Roads without a permit. Carry out pet waste. Stay out of sensitive habitat areas. Report violations to the Police Dept. at 415 - 789 -2801 E t/1 � O 0 w Cl) LM Q 75 G o0 r**ft LO 0 me O CL � m 0 � ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE VI, CHAPTER 20 OF THE TIBURON MUNICIPAL CODE REGARDING ANIMALS The Town Council of the Town of Tiburon does ordain as follows: Section 1. Purpose. The purpose of this ordinance is to protect the public health, safety and welfare and to protect the natural environment by regulating the number of dogs that may be walked by a person at any one time in Public Places and by prescribing the location of dog walking within Town Open Space areas. Section 2. Findings. A. The Town Council held a public hearing on , 2013 and has heard and considered any and all public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety and welfare and for the protection of sensitive plant species, including rare and endangered plant species, located within Town open spaces. D. 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. E. The Town Council finds that this project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15305, 15307 and/or 15308 of the CEQA Guidelines. Section 3. Adoption of Amendments. A. Title VI, Chapter 20, Article I, Section 20 -2 of the Tiburon Municipal Code is amended to add the following definitions: Biologically Sensitive Area: An area where biologically sensitive flora or fauna are known or believed to exist and which is identified by appropriate signage or other demarcation as an area not to be entered. Town of Tiburon Ordinance No. XXX N.S. Effective - -/- -/2013 Pa e 1 EXHIBIT NO. Dog Running at Large: A dog that is not under the immediate control and direction of a competent, responsible person who is capable of controlling the dog. Dog Walker: A person who brings more than three (3) dogs into a Public Place at any one time. Dog Walking Permit: A permit issued by the Tiburon Public Works Department authorizing a Dog Walker to walk a maximum of six (6) dogs at any one time on Town Open Space. Permits will be valid for one year from the date of issuance. Fire Road: A readily identifiable and generally twin -track or graded passage way in Town Open Space capable of providing vehicular use, specifically for emergency and maintenance vehicles. Fire roads are generally at least eight (8) feet wide. Identification Vest: A numbered vest issued by the Tiburon Public Works Department to Dog Walking Permit holders. Town Open Space: Any Town -owned Public Place that is protected from development by state or local law, easement, grant deed or other legally binding instrument. Town -owned Public Places include land that the Town owns outright or in which the Town holds an easement, leasehold or other real property interest. Town Open Space lands are generally zoned "OS- -Open Space" on the Tiburon Zoning Map. Trail: A readily - identifiable and often incised unpaved passage way in Town Open Space that is generally single -track and generally allows users to walk not more than two abreast. Trails are not permitted to have vehicles on them and are generally not more than two (2) to three (3) feet wide. B. Title VI, Chapter 20, Article II, Sections 20 -2.160 through 20 -2.177 of the Tiburon Municipal Code, are amended and/or added to read as follows: 20 -2.160 Dogs running at large in certain public places. It is unlawful for the owner /guardian or person having control of any dog to permit the dog to run at large in any public place, including without limitation, parks, school grounds, commercial districts, wildlife preserves or game refuges, or in any public watershed areas; except where the Town Council by ordinance or resolution has specifically permitted dogs to run at large; and where signs acknowledging such permission have been erected by the Town. Every dog found running at large in violation of the provisions of this section shall be immediately seized and impounded. Any duly authorized peace officer or person exercising peace officer powers shall be entitled to take such other action as may be reasonably necessary for the protection of public health and safety. Town of Tiburon Ordinance No. XXX N.S. Effective 442013 Page 2 20 -2.165 Dogs - - -- Owner /guardian responsible for removing feces. It is unlawful for the owner /guardian or person having custody or control of any dog to allow such dog to defecate upon any public property or upon any private property not owned or possessed by said person unless the person immediately removes and disposes of the feces in a sanitary manner. 20 -2.170 Dogs running on certain private lands. It is unlawful for the owner /guardian or person having control of any dog to suffer or permit the same to run upon the lands of another whereon livestock or domestic fowl are kept, without the consent of the owner /guardian or person entitled to the use or possession of such lands. 20 -2.171 Walking of More than a Certain Number of Dogs Prohibited. a) It is unlawful for any person to walk more than three (3) dogs at any one time in any Public Place in the Town of Tiburon, except as allowed in section 20- 2.173. b) Subsection (a) above shall not apply to any person on land owned by the Marin County Open Space District ( "District "), provided that said person is in full compliance with any applicable rules and regulations promulgated by the District. 20 -2.172 Dogs Prohibited in Biologically Sensitive Areas. It is unlawful for any person having control of any dog to allow said dog to enter a Biologically Sensitive Area or any area identified by appropriate signage or other demarcation as an area not to be entered. 20 -2.173 Dogs on Town Open Space. a) It is unlawful for any person to walk more than three (3) dogs at any one time in any Public Place other than on a Fire Road in Town Open Space specifically signed to allow Dog Walkers. In no instance shall a person walk more than six (6) dogs at any one time, and in no instance shall a person walk more than three (3) dogs on any Trail in any Town Open Space. b) Any person walking more than three (3) dogs at any one time on any Town Open Space pursuant to subsection (a) above must be in possession of a Dog Walking Permit issued by the Tiburon Public Works Department, and must be wearing a numbered Identification Vest issued by the Tiburon Public Works Department. C) The Town Manager or designee shall establish the requirements and conditions for the Dog Walking Permit program. d) Any Dog Walker failing to possess a Dog Walking Permit or failing to wear the Town - issued Identification Vest shall be in violation of this section and shall be Town of Tiburon Ordinance No. XXX N.S. Effective 442013 Page 3 punishable as set forth in section 20- 1.005. e) Any Dog Walker failing to comply with any of the conditions of their Dog Walking Permit shall be in violation of this section and shall be punishable as set forth in section 20-1.005. f) Notwithstanding the foregoing, this section shall not apply to any person on land owned by the Marin County Open Space District, provided that said person is in full compliance with any applicable rules and regulations promulgated by the Marin County Open Space District. 20 -2.175 Control of dogs - -Leash requirement in certain places. It is unlawful for the owner /guardian or person having custody or control of any dog to allow such dog in the places listed below unless such dog is restrained by a leash of sufficiently short length to enable such person to maintain constant control over such dog: a) The entire length of the Old Rail Trail, defined as the paved pathway commencing on the west at Blackie's Pasture Road and terminating on the east at the intersection of Cove Road and Tiburon Boulevard; b) McKegney Green, defined as the large grassy field located in the Richardson Bay Lineal Park across Tiburon Boulevard from Del Mar Middle School and immediately northwest of the prominent knoll (South Knoll) located near the public street known as Pine Terrace; C) South Knoll Park and Playground, defined as that portion of Richardson Bay Lineal Park bounded on the north by South Knoll, on the east by the Old Rail Trail, and on the south and west by Richardson Bay, including the irrigated and non - irrigated field areas and the playgrounds; d) Zelinsky Park and Railroad Marsh, defined as those grassy park and freshwater marsh and fringe areas located directly behind (north of) the Belvedere Public Library and Tiburon Town Hall at 1501 -1505 Tiburon Boulevard, and bounded on the west by Mar West Street, on the east by the Point Tiburon Marsh residential condominiums, and on the north by the Judge Field portion of the Tiburon Peninsula Club property; e) Shoreline Park, defined as the park located in the downtown area between Paradise Drive on the north, San Francisco Bay on the south, Mar West Street on the east, and the Main Street /Tiburon Boulevard intersection on the west; f) Any street, sidewalk or parking lot in the downtown area, as that term is defined in Section 20- 1.002; g) Any commercial district, as that term is defined in Section 20- 1.002. 20 -2.177 Control of dogs by responsible person - - -- General (a) Every owner /guardian or possessor of a dog shall at all times prevent such dog from biting or physically harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property. (b) Every owner /guardian or possessor of a dog shall at all times prevent such dog from causing injury to another domestic animal that results in veterinarian treatment or death Town of Tiburon Ordinance No. XXX N.S. Effective - -/- -/2013 Page 4 while such domestic animal is lawfully upon public or private property. (c) Every owner /guardian or possessor of a dog shall desist from commanding or provoking such dog to attack, sic or threaten a person when such person is peaceably and lawfully upon public or private property. Section 4. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 5. Effective Date, This Ordinance shall 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. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on , 2013, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. XXX N.S. Effective - -/- -/2013 Page 5 To: From: Subject: Reviewed By: TOWN OF TIBURON Parks, Open Space & Trails 1505 Tiburon Boulevard Commission Meeting Tiburon, CA 94920 September 18, 2012 Agenda Item: 2 BACKGROUND 01! Members of the Parks, Open Space & Trails Commission Office of the Town Engineer Professional Dog Walkers in Open Space Within the past several years, a resident of the Town has expressed concerns about the potential environmental impacts that professional dog walkers have on the Town's open space. The resident has expressed a number of concerns related to the "Middle Ridge Trail," including dogs off leash, trash generated and left on trails, and disturbance of sensitive habitat. Historically, when the Town acquired the open space many years ago, the intent was to preserve it in its natural state and no specific maintenance protocols were ever established or were felt needed. As such, the Town never established any recurring resources to account for specific actions within the open space. Whereas the County of Marin has an entire ranger corps to patrol and maintain their open space, the Town does not. Our Public Works park maintenance staff is composed primarily of generalists geared for the urban park environment. While Public Works has dedicated a sizable amount of time for special requests and money for contractors to maintain the open space, it does not have the mandate nor the required time to address this concern of professional dog walkers. The Town's Police Department is also not geared for open space patrol, nor do they have the required time. RECOMMENDATION Staff recommends that the Parks, Open Space and Trails Commission hold a public discussion on this item, and direct staff on future action. EXHIBITS 1. Map of Middle Ridge Trail Prepared By: Nicholas Nguyen, Director of Public Works -77T BIT NO. Ca TOWN OF TIBURON PAGE 1 OF 1 • Director Nguyen introduced the item and presented the staff report. No action was taken and continued to next meeting. _—.—� 2. Dog Walkers and Impacts to the Open Space • Director Nguyen presented the staff report. • Ms. Eva Buxton gave testimony, and presented her concerns and some possible solutions. • The commissioners brought the item back for discussion. • Director Nguyen expressed concerns that Town resources are not currently available to address the issues and that any solutions need to be enforceable and funded. • A subcommittee of Commissioners McMullen and McDermott was established to look into the matter further and present update at the next meeting. • Ms. Buxton will work with the subcommittee. ADJOURNMENT There being no further business, the meeting was adjourned at 6:50 P.M. PETER WINKLER, CHAIR Parks, Open Space & Trails Commission ATTEST: NICHOLAS NGUYEN, SECRETARY Tiburon Parks, Open Space & Trails Commission September 18, 2012 Minutes Page 2 MINUTES NO. 19 PARKS, OPEN SPACE & TRAILS COMMISSION January 15, 2013 Regular Meeting Tiburon Town Hall - -- Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER The meeting was called to order by Chairman Winkler at 6:00 P.M., Tuesday, January 15, 2013 in the Town Hall Council Chambers, 1505 Tiburon Boulevard, I" Floor, Tiburon, California. ROLL CALL Present: Winkler, McMullen, Feldman, McDermott and Allen Absent: None Ex- Officio: Director of Public Works Nicholas Nguyen ORAL COMMUNICATIONS None MINUTES September 18, 2012 Minutes were approved by a vote of 5 -0. COMMISSION AND STAFF BRIEFING • Chairman Winkler updated the commission on the Multi -use path improvement needs related to pedestrian and bicycle safety as he attended a Town staff meeting regarding the issue. He indicated staff will be implementing a couple of incremental improvements in the near term. SUBCOMMITTEE REPORTS _.� • Dog walker subcommittee members, McMullen and McDermott, updated the commission on their research related to professional dog walker and policy and procedures of other agencies, such as Marin County, GGNRA and East Bay Parks. The County requires dog walking permits along with wearing special vests. East Bay Park requires permit when walking 3 or more dogs. GGNRA plans to implement permit process. The commission directed staff to continue working with subcommittee to draft permit process and program for review at future meeting. Tiburon Parks, Open Space & Trails Commission Minutes January 15, 2013 Page I MINUTES NO. 20 PARKS, OPEN SPACE & TRAILS COMMISSION March 19, 2013 Regular Meeting Tiburon Town Hall - -- Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER The meeting was called to order by Chairman Winkler at 6:05 P.M., Tuesday, March 19, 2013 in the Town Hall Council Chambers, 1505 Tiburon Boulevard, lst Floor, Tiburon, California. Rni.T, cAT,T, Present: Winkler, McMullen, Feldman, McDermott and Allen Absent: None Ex- Officio: Director of Public Works Nicholas Nguyen ORAL COMMUNICATIONS None MINUTES January 15, 2013 Minutes were approved by a vote of 5 -0. COMMISSION AND STAFF BRIEFING • Director Nguyen updated Commission on staff intention to stripe a centerline on the Multi- use path this spring. SUBCOMMITTEE REPORTS • None BUSINESS ITEMS �---� 1. Dog Walkers and Impact to the Open Space. • Nguyen presented the staff report. • Clarification was made that the subcommittee members for this business item are Commissioners McMullen and McDermott, and not Feldman. • Resident Eva Buxton spoke in coordination with the subcommittee as a report to Commission and described the sensitive habitats found on the Middle Ridge. Tiburon Parks, Open Space & Trails Commission Minutes March 19, 2013 Page 1 • Commission McMullen commented that there is also total prohibition option, as well as a dog fencing/park. • Commissioner McDermott stressed importance of signage and education for the public. • Public testimony was taken from Sherry Joseph, Kathy Kennedy, Jane Zabielskis, Allison Pence, Carla Rasmussen, Heather Selick, Mary Lane, Donnay Weiner and Belle Goulden. • McMullen praised the County's permit program and agree that signage and new trash cans should be installed; to be funded by future permit fees. • McDermott agreed with McMullen. • Feldman and McDermott expressed interest to limit non - commercial dog walkers too, and should apply to all open space. • Chairman Winkler agrees with subcommittee report and favors a limit on non - commercial dog walkers to maximum of 3 dogs. • Commission directed staff to prepare draft permit program to include elements discussed. 2. McKegney Green Use and Policy Development • Director Nguyen presented the staff report. • Doug Patterson suggested that the pending long term policy should be transparent and inclusive of all groups. • Lynn Bar, Tiburon resident, suggested that groups allowed to play on McKegney Green should be all - inclusive groups; unlike St. Hilary School. • Commission authorized 4 flattened goal nets and safety netting to be stored on site, and voted 5 -0 to approve the interim use policy. ADJOURNMENT There being no further business, the meeting was adjourned at 7:15 P.M. PETER WINKLER, CHAIR Parks, Open Space & Trails Commission ATTEST: NICHOLAS NGUYEN, SECRETARY Tiburon Parks, Open Space & Trails Commission Minutes March 19, 2013 Page 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Parks, Open Space & Trails Commission Meeting May 21, 2013 Agenda Item: To: Members of the Parks, Open Space & Trails Commission From: Office of the Director of Public Works Subject: Dog Walking Permit Program and Associated Municipal Code Amendments: Consider Recommendation to Town Council Reviewed By: BACKGROUND At the January 15, 2013 meeting, the Commission directed staff to work with its newly formed subcommittee (Commissioners McDermott and McMullin) to draft a dog walking permit program to regulate the walking of dogs on Town open space. Staff collected and reviewed dog walking permit programs from other governmental agencies and, working closely with the subcommittee, has formulated a draft permit application and program tailored to the Town of Tiburon's open spaces. Draft municipal code amendments necessary to implement the dog walking program have also been prepared for the Commission's review. SUBCOMMITTEE PROGRESS The subcommittee met with staff on February 26th for a kick -off meeting, at which time the first draft of a dog walking permit was reviewed. After much discussion the subcommittee concluded that prior to moving forward, a rough draft permit program should be brought before the full Commission. The matter was placed on the March 19, 2013 POST agenda and opened for public discussion and input. At that meeting, nine (9) members of the public addressed the Commission and five (5) a -mails were received on the dog walking issue. The Commission directed the subcommittee to continue to work with staff on fine- tuning the draft permit process and any associated documents. Draft minutes of the March 19th meeting are included in this POST packet. Subsequently, the subcommittee met with staff on two more occasions, on April 16th and on May 6th, to review various revisions to the draft dog walking permit application forms and process. Discussion items included review of a draft Information Handout, proposed Town Municipal Code text amendments, and draft Permit Application Form and Permit Conditions. In an effort to address public concerns expressed to POST at prior meetings about walking of large numbers of dogs all at once, the subcommittee concluded that a Dog Walking Permit should limit the number of dogs being walked at any one time to six. Any person walking three or fewer dogs would not be subject to the Dog Walking Permit requirement. TOWN OF TIBURON PAGE 1 OF 3 Parks, ()pcn sp ck, i`s F rads Col mnission j ail 21,. Important issues such as dog waste, sensitive habitat protection, public safety, dog safety, dog walker training, insurance coverage, permit fees, dog walking schedule (days and hours), appropriate dog walking locations, appropriate signage, and the wearing of a colored and numbered vest for easy identification, were discussed at length and have been incorporated into the permit process as drafted. The total length of fire roads in Town Open Space that would be involved in the permit program is 1.15 miles. Permit enforcement would be done on a "complaint" basis and penalties for violations generally imposed through the Administrative Citation process. ANALYSIS The outcome of staff work and these subcommittee meetings is the permit program attached hereto as Exhibit A. The document submitted for your review includes four sections: 1. Informational Handout 2. Amended Municipal Code sections relating to dogs 3. The Dog Walking Permit application form 4. Standardized Dog Walking Permit Conditions Supporting items in Exhibit A include open space maps depicting the fire roads where Dog Walkers would be allowed to walk up to six (6) dogs at once; a graphic of the vest to be worn by permit holders; and mock -ups of signage proposed to be posted at key points along the fire roads. Primary elements of the Dog Walking Program are as follows: ➢ Prohibiting walking of more than 3 dogs at one time in any public place in Tiburon other than on designated fire roads in Town Open Space (excludes private property not open to the public and excludes Marin County Open Space District lands when following the regulations of that agency). ➢ Prohibiting dogs from entering biologically sensitive areas where posted. ➢ Dogs and Dog Walkers must stay on the designated fire roads. ➢ Requiring a Dog Walking Permit for any person walking 3 or more dogs on those designated fire roads and capping the number of dogs at 6 at any one time. No more than 3 dogs may be off -leash at any one time; dogs must stay within 20 feet of the Dog Walker; and must return promptly when called. ➢ Requiring Dog Walking Permit holders to wear a numbered vest and carry a copy of the permit and a copy of their dog obedience class certificate. ➢ Dog- walking hours would be restricted between the hours of 7 AM to 7 PM every day. ➢ Dog Walking Permits would be valid for one year and can be renewed each year. Permits would cost $150 for the initial permit and one vest, with each additional vest applied for TOWN OF TIBURON PAGE 2 OF 3 P<;t.0 C`i, Opc.'1? S&-,)�'.(.:t' t`k.. FC?111,�: {.,t)t?l�T1i:�;4ti.?E' `1,•��' >'�:tC ?` z� costing $20. There would be a $50 refundable deposit for each vest received with a permit. RECOMMENDATION Staff recommends the Parks, Open Space and Trails Commission: 1. Take public comment on this item 2. Review the draft Dog Walking Program materials and direct any desired changes 3. If appropriate, recommend to the Town Council adoption of the Dog Walking Permit Program and Municipal Code amendments necessary for its implementation. EXHIBITS A. Draft Dog Walking Permit Program materials and Municipal Code amendments Prepared By: Matthew Swalberg, Engineering Technician TOWN OF TIBURON PAGE 3 OF 3 Connie Cashman From: Nicholas Nguyen Sent: Saturday, May 18, 2013 10:46 AM To: Connie Cashman Cc: Matthew Swalberg Subject: FW: POST Meeting next week Please print for POST late mail. Thanks! Nicholas T. Nguyen, P.E. Director of Public Works & Town Engineer Town of Tiburon 415 -435 -7388 www.ci.tiburon.ca.us bAW Think of trees before you print please. From: Alison Pence [mailto:alipence9 @gmail.com] Sent: Friday, May 17, 2013 10:49 AM To: Nicholas Nguyen; Eva Buxton Subject: POST Meeting next week Hi Nick, I am sending you a letter for the POST meeting next week. Thanks. I support licensing dog walkers who use Tiburon lands. D PLANNING DIVISION LATE MAIL# �• It is important to me that dog walkers obey the leash laws of the town and that there is enforcement of the leash laws and fines levied for breach of those laws. There are many areas in Tiburon that might be good off -leash areas for dogs but the top of Gilmartin will never be one of them. Especially on Gilmartin Drive, it is critical that all walkers stay on the FIRE ROAD ONLY as the grassland is sensitive habitat and federally listed rare and endangered plants are struggling to exist in that area. The town must install adequate signage at all entrances to this area (top, lower gate, and Hillary) so that public is informed about the area and can care for it appropriately. For example, there is no looping trail and so a map at the top of GIlmartin would depict the fire road descending to Hillary and then turning south towards the hippy tree and then to the gate lower on GIlmartin. Walkers could return on the road or turn around and retrace their steps. Signs explaining the significance of serpentine, its chemical make up and seismic origin would be helpful. Pictures of endangered plants would also be important. 5/20/2013 Tiburon, May 17, 2013 LATE MAIL #.1 r To: Commissioners Winkler, McMullen, Feldman, McDermott and Allen 11 MNi'l�t' Re: Professional dog - walkers on the Middle Ridge, Tiburon PLANNING ©IVISI0N Dear Commissioners, I commend the Commission for taking action on a long -term problem relating to the use of Tiburon Open Space by commercial interests, i.e., professional dog - walkers. It has been obvious for many years that the Town does not prioritize protecting sensitive vegetation as per their own Open Space Management Policy (1978 ?) or General Plan. May I remind you that the habitat on the Middle Ridge is exactly the same as that on the Marin County Ring Mountain Preserve (serpentine grassland with federally -and State - listed plant species). The Ring Mountain preserve is a "Leash -only Preserve...... because of the presence of sensitive wildlife habitat." With GGNRA potentially closing many areas for professional dog - walkers, the problem with roaming dogs defecating and urinating on the Middle Ridge will only worsen. Requiring commercial use permits for professional dog walkers could be a transitional step in the attempt to protect the sensitive plant habitat and federally- and State listed species on the Middle Ridge, but it will not, in the long run, prevent the destruction of the sensitive resources because: 1. Use permits will not limit the number of walkers wanting access to the open space; 2. The fee for obtaining a permit will not be a deterrent, as the several dog owners per walker will likely gladly contribute to such a permit at whatever cost; 3. Most importantly, requiring a permit will not limit the number of dogs being exercised on the parcel in question; The Town needs to provide an alternative, less sensitive area for dog - walkers, if it supports the notion that professional dog - walkers from throughout the County should be allowed with large packs of dogs on the Peninsula. Attached are pictures of the lower portion of the Ridge, which would be a suitable alternative to the upper portion. I urge the commission to vote to recommend approval of the permit process by the Town Council; however, I sincerely hope that this action is not the last one in the "fight" to preserve the unusual botanical resources present on the Middle Ridge, and maintain an open space for all who would like to enjoy nature without the fear of confronting packs of dogs (and their excrement). Commercial interests do not belong on Tiburon public open space! And - protecting sensitive natural resources should, in my opinion, not need to be "budget - neutral." I would like to see an investment in some infrastructure such as the clearing of a path /primitive road on an alternative site. Signage directing walkers to an alternative site, and warning of enforcement and fines should be posted on the top portion of the Ridge. For the enjoyment of other users of the open space, the Town should provide signage, and potentially pictures of the rare species, tasks in which I would be available to participate. Sincerely, qua- Fuxtooc Botanist, Tiburon resident Conservation Chair; California Native Plant Society /Marin Chapter Connie Cashman From: Nicholas Nguyen Sent: Tuesday, March 12, 2013 3:49 PM To: Connie Cashman Cc: Matthew Swalberg Subject: FW: off leash dog issue concerns Connie, please print this for POST package. Thanks, Nicholas T. Nguyen, P.E. Director of Public Works & Town Engineer Town of Tiburon 415- 435 -7388 \Arww.ci.tiburon.ca.us �Aw Think of trees before you ;print please. From: jztopk9 @comcast.net [mailto:jztopk9 @comcast.net] Sent: Friday, March .08, 2013 8:38 AM To: Nicholas Nguyen; Dave Hutton Subject: off leash dog issue concerns Dear Captain Hutton and Mr. Nguyen, I am writing because of my concern that Tiburon is considering the elimination of places that dogs can legally be off leash. Can you please clarify this for me. I am a 32 year Tiburon home owner. As a dog lover and owner, I utilize both Blackie's Pasture and the trails at the top of Gilmartin. I enjoy hiking off leash with my 5 year old dog, who has earned his Canine Good Citizen Certification at the Marin Humane Society. Professionally, I am a certified professional dog trainer, class instructor and behavior consultant for Marin Humane Society. In addition, I have been teaching classes for our local Recreation department as well. I started as a dog walker 15 years ago and I continue to walk small groups of well behaved dogs on local trails. Not everyone has my experience or knowledge about dogs, however I think that owners and dog walkers can be able and responsible to walk their dogs off leash on fire roads, and play off leash in an area like Blackie's. I am in favor of limiting the number of dogs to a maximum of 6 in a group. I do not agree with the Marin Open Space regulations in regard to 3 on and 3 off. In my opinion, the walker is able to concentrate more on all the dogs and is safer herself with all the dogs off leash. The Trail Manners class that is required by the county is something else that could be required. I would like to see individual owners also take a class. I would rather see a smaller number, like 5 dogs than require leashes. Dog Parks, fenced or unfenced have many pro's and con's. I am in favor of the town 3/14/2013 �y continuing to allow dogs off leash at Blackie's pasture; Most towns in Marin have dog parks and we certainly have enough residents in our town that enjoy off leash time with their dogs to warrant this.= Rules need to be set and followed as is the case in all dog parks. It could even be like the tennis courts, pay a fee, and require a key or proof of memberrship. Dog Bone Park in Novato asked me to come last year to do a session on preventing aggression. I would be happy to help in any way I can to help with the implementation or running of a dog park or off leash area. Other Suggestions: I know that many different groups use Blackie's. There could be time sharing. would suggest fencing to keep the dogs from going near the water because of the birds Garbage cans up at Gilmartin and Lyford. Poop Bags available at both. I also want to add that my dog clients live on the Tiburon Peninsula.. I would guess that most dog walkers who utilize Gilmartin do so because it is close. As an aside, it seems more professional dog walkers are using Gilmartin, and the trail is the cleanest it has been in a long time. Jane Zabielskis,'CPDT Top Dog Training 12 Juno Rd LATE MAIL # s From: rleachbosche @comcast.net [mailto :rleachbosche @comcast.net] Sent: Sunday, March 17, 2013 12:49 PM Env To: Peggy Curran Subject: Gilmartin MAR 1 8 2013 To Whom It May Concern: DIRECTOR OF PUBLIC WOE TOWN OF TIBURON We understand there is to be a meeting to discuss the use of open space opposite 120 Gilmartin Drive for off -leash dog walking. We are a group of dog owners who live in Ross, Larkspur, San Anselmo, Terra Linda and Novato and we respectfully request that it remain one of the only places in Southern Marin where we can exercise our dogs off - leash. Dogs love to run and chase balls and each other. Being on -leash does not allow them to do this. Gilmartin open space is so important to us when low tide or rain turns the dog park in Mill Valley into a mud bath. Because of Gilmartin's elevation and rocky landscape the water runs off and the dogs stay relatively clean. In the summer Gilmartin open space is much cooler than Crown Road or our other regular walks further inland. We also treasure the beautiful views and appreciate the preservation of this resource. In our experience, the commercial dog walkers we meet on Gilmartin Open Space are unfailingly respectful and careful to clean up after their charges. Please consider that this valuable open space serves more than just the population of dog owners and hikers in Tiburon and Belvedere. It is enjoyed by people and dogs from all over Marin. Yours sincerely, Robin Leach Bosche From: Fugate, Deborah [ mailto:dfugate @sandomenico.org] Sent: Sunday, March 17, 2013 2:21 PM To: Peggy Curran Subject: Please, dogs off leash Dear Ms. Curran, LATE MAIL # �- IE 0 [E 0 W [E MAR } 8 2013 0 DIRECTOR OF PUBLIC WORKS TOWN OF TIBURON We understand there is to be a meeting to discuss the use of open space opposite 120 Gilmartin Drive for off -leash dog walking. We are a group of dog owners who live in Ross, Larkspur, San Anselmo, Terra Linda and Novato and we respectfully request that it remain one of the only places in Southern Marin where we can exercise our dogs off - leash. Dogs love to run and chase balls and each other. Being on -leash does not allow them to do this. Gilmartin open space is so important to us when low tide or rain turns the dog park in Mill Valley into a mud bath. Because of Gilmartin's elevation and rocky landscape the water runs off and the dogs stay relatively clean. In the summer Gilmartin open space is much cooler than Crown Road or our other regular walks further inland. We also treasure the beautiful views and appreciate the preservation of this resource. In our experience, the commercial dog walkers we meet on Gilmartin Open Space are unfailingly respectful and careful to clean up after their charges. Please consider that this valuable open space serves more than just the population of dog owners and hikers in Tiburon and Belvedere. It is enjoyed by people and dogs from all over Marin. Sincerely, Deborah Fugate Deborah Fugate, San Domenico School I Educate. Engage. Empower. 1500 Butterfield Road, San Anselmo, CA 94960 1 (415) 258 -1900 Leading education innovation with 1 -to -1 student iPad program I www.sandomcnico.ori Coed Pre -k through 8 1 Girls' Day and Boarding Grades 9 through 12 "The true wealth of a nation lies not in its gold or silver but in its learning. wisdom, and in the uprightness of its sons and daughters. " Kahlil Gibran Distinguished School From: Craig McCarty [mailto:craig_mccarty @msn.com] Sent: Sunday, March 17, 2013 3:00 PM To: Peggy Curran; Ann Danforth; Heidi Bigall Subject: Saving Gilmartin Open Space for Off -Leash Dog Walking Dear Ms. Curran, Ms. Danforth and Ms. Bigall, LATE MAIL #3 ED E @ E 0 V IE MAR 1 8 2013 0 DIRECTOR OF PUBLIC WORKS TOWN OF TIBURON We understand there is to be a meeting to discuss the use of open space opposite 120 Gilmartin Drive for off -leash dog walking. We are a group of dog owners who live in Ross, Larkspur, San Anselmo, Terra Linda and Novato and we respectfully request that it remain one of the only places in Southern Marin where we can exercise our dogs off - leash. Dogs love to run and chase balls and each other. Being on -leash does not allow them to do this. Gilmartin open space is so important to us when low tide or rain turns the dog park in Mill Valley into a mud bath. Because of Gilmartin's elevation and rocky landscape the water runs off and the dogs stay relatively clean. In the summer Gilmartin open space is much cooler than Crown Road or our other regular walks further inland. We also treasure the beautiful views and appreciate the preservation of this resource. In our experience, the commercial dog walkers we meet on Gilmartin Open Space are unfailingly respectful and careful to clean up after their charges. Please consider that this valuable open space serves more than just the population of dog owners and hikers in Tiburon and Belvedere. It is enjoyed by people and dogs from all over Marin. Yours sincerely, Craig and Margaret McCarty Ross, CA From: Renate Schreiner [mailto:renate99 @comcast.net] Sent: Monday, March 18, 2013 8:17 AM To: Peggy Curran Subject: open space Ms. Margaret Curran LATE MAIL # � E @ E 9 %# E MAR 1 8 2013 D DIRECTOR OF PUBLIC WORKS TOWN OF TIBURON We understand there is to be a meeting to discuss the use of open space opposite 120 Gilmartin Drive for off -leash dog walking. We are a group of dog owners who live in Ross, Larkspur, San Anselmo, Terra Linda and Novato and we respectfully request that it remain one of the only places in Southern Marin where we can exercise our dogs off - leash. Dogs love to run and chase balls and each other. Being on -leash does not allow them to do this. Gilmartin open space is so important to us when low tide or rain turns the dog park in Mill Valley into a mud bath. Because of Gilmartin's elevation and rocky landscape the water runs off and the dogs stay relatively clean. In the summer Gilmartin open space is much cooler than Crown Road or our other regular walks further inland. We also treasure the beautiful views and appreciate the preservation of this resource. In our experience, the commercial dog walkers we meet on Gilmartin Open Space are unfailingly respectful and careful to clean up after their charges. Please consider that this valuable open space serves more than just the population of dog owners and hikers in Tiburon and Belvedere. It is enjoyed by people and dogs from all over Marin. Yours sincerely, Renate Grundstrom, Novato Connie Cashman From: Nicholas Nguyen �i Sent: Monday, March 18, 2013 10:56 AM �� ; To: Connie Cashman I``' 1 Cc: Matthew Swalberg ' Subject: FW: Please keep Gilmartin's Open Space off -leash Connie, please print as Late Mail for tomorrow's POST meeting. Nicholas T. Nguyen, P.E. LATE MAIL Director of Public Works & Town Engineer Town of Tiburon 415- 435 -7388 www.ci.tiburon.ca.us P Think of trees before you print please. - - - -- Original Message---- - From: Eleni Martinis [mailto:martinaki @gmail.com] Sent: Sunday, I`farch 17, 2013 10:12 PM To: Peggy Curran; Finn Danforth; Heidi Bigall Subject: Please keep Gilmartin's Open Space off -leash > To Whom It May Concern: > We understand there is going to be a meeting to discuss the use of the Open Space land, opposite of 120 Gilmartin Drive, in regards to off -leash dog walking. > We are a group of dog owners, several with dog walkers, who live in Ross, Larkspur, San Anselmo, Terra Linda and Novato and we respectfully request that it remain one of the only places in Southern Marin where we can exercise our dogs off - leash. Dogs love to run and chase balls and each other. In short, to live dog lives as much as possible- on voce command only, of course. Being on -leash does not allow them to do this. This will therefore lead to pent -up energy, that can in term lead to unwanted behaviors such as excessive barking, oulling on their leashes when bring walked; and no fun for dogs and their human guardians. > Gilmartin's Open Space is so important to us when low, tide, or rain, turn the dog park in Mill Valley into a mud bath. Because of Gilmartin's elevation and rocky landscape, the water runs off and the dogs (& humans) stay relatively clean. in the summer, Gilmartin's Open Space is much cooler than Crown Road, or our other regular walks further inland. We also treasure the beautiful views and appreciate the preservation of this resource. In our experience, the commercial dog walkers we meet on Gilmartin's Open Space are unfailingly respectful and careful to clean up after their dogs. What I see of more concern are the empty alcohol bottles and cans thrown and other rubbish (littered!) after people (I even suspect, but not sure, under aged) "party" in the Open Space there, especially down at the tree swing. > Please consider that this valuable Open Space serves more than just the population of dog owners and. hikers in Tiburon and Belvedere. It is enjoyed by people and dogs from all over Marin. > Yours sincerely, Eleni Martini 1 ° L Y — � L v� o Q U C ZQ o�15C o. •o F a L sQ Q. ♦ ♦ Z ° w a ca a� zo° �'— o ao U t/� W O _ N I cu V N N a ao 000 � fn L Qin (D N �W F� —�mE pt� L N `Mt7i O N too _ E Lo ' N U to L U 2 O U W CL Q d W Z Y w x c c V J +, U U z V � � U L C L ° W D v E`" IJB IT NO. cn a� UM, � o o 3 �°�, moo ; .M oo��u�o S- ��cz bA o w aU r <u co o J cn a 3 ( a a b4 .;too ice,'" A-+ 'O cz a ° con O S-r ' v In v �+ - cz cif a cz o ..~' z 3 4) CL i o C%3. 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U c� y cn cn ° cz r a O y � y y ° C y Q ° C a n - �; c o 6 $its se ' MARIN NEWS 43 TAVERWOWNERS' SUE OVER` RULES. The owneir'sbf Marshall Tavern are suing the state,, claiming, public access rules couldAciom their plans to remodeithehistoric building into abed- and - breakfast` MARIN SIPORTS S3 c[[swnFaa 4azvrsu The Marin Academy High boys. basketball team earned a shared Bits league titla[islh, a victory , over Urban. II�AitI3i: LIFE =D1 ' DESIGNSTARN HOUZZ AWARD'- A Mill Valley designer has snagged an, award from Houaz, and online platform, for residential remodeling and design. INSIDE Ask Amy ....................... 05 Business ......................At O Classifieds .................„. Cl Comics .......................... D6 Crossword .................:.. D6 Horoscope .................... 05 Lottery ...... .. .... ......:.. A2 Movies ....... .......D5 Opinion ....................... All Sports .... .... Bt TV listings .................... D5 WEATHER C4 Today: Sunny. 55/34 MARIA, IJ NEW&APPS ,�. • r Download Mar% U. for your Wad and Whone and Android phones Terms for new lease of MG.H OK'd Oversight questions are raised corporation, when Sutter Health returned control By Richard Halstead Marin General Hospital of the hospital in July, Marin Independent Journal to the nonprofit created 2010, following the ad- Who will decide how to to oversee its day -to -day vice of consultants who spend the revenue gener- operations. recommended the dis- The district s board of ated at Marin General directors ceded day -to- trict needed to insulate Hospital is again at issue day control of the hos- the hospital from politi- as the Marin Healthcare pital to the nonprofit, cal wrangling and win District prepares to lease Marin General Hospital the trust of local physi- ■ 1985; under state law district voters must ap- Tdcommerdpro lss%, prove a new lease for it elide on Its fink at to continue operating the suspect arrested hospital when that lease cians. expires in 2015. The hospital nonprof- The district — which it is currently operat- covers all of Marin except ing the hospital under a for Novato and portions lease that was approved buying into parts of the new health by the district board in See MARIN GENERAL, page 2 TIBURON Officials consider new rules for commercial dog walkers OPEN SPACE CONCERNS Special-to the Ii/James Cacciatore Lucho Rossi, owner of Pooch Promenade, walks Tiburon clients' dogs on Middle Ridge open space near Gilmartin Drive in Tiburon Friday. By Will Jason Marin Independent Journal The Middle Ridge open space area in Tiburon is a dog walk- er's paradise. There are few people, wide swaths of grass- land and 180 - degree views of the Golden Gate Bridge, Mount Tamalpais and the bay. And despite a sign asking people to do so, there is no re- quirement to keep dogs on a leash. That could soon change, a< as officials (� consider new regulations of a-- commercial dog - walking in the town's open spaces. A committee of the Parks, Open Space and Trails Commission and town staffers are considering possible leash rules and limits on the number of dogs one person can walk, among other restrictions. They looking at taking action after some residents expressed concerns about possible envi- ronmental damage from large packs of dogs. "The concern is that a large NATION Lucho Rossi, owner of Pooch Promenade, loads dogs back in his truck after a walk on Middle Ridge open space. number of dogs off -leash could be detrimental to the sensitive habitat," said Mike McMullen, a member of the committee. The town already requires leashes for all dogs in many places including the waterfront bike path, McKegney Green, South Knoll Park and Play- ground, Zelinsky Park, down- town and all other commercial areas. The committee is focus- ing on more remote open spac- es such as Middle Ridge, which is popular with people who are paid to walk a half -dozen or more dogs at a time. Commercial dog - walkers are a daily presence at Middle Ridge, where Robert Jupe Jr. of Sir Walks -Alot and Lucho Rossi of Pooch Promenade Inc. each shepherded packs of dogs along the main trail Friday morning. Jupe said Tiburon is a huge See DOGS, page 2 ELECTRICITY Authority to raise rates in April Customer costs will remain on par with PG &E By Richard Halstead Marin Independent Journal The Marin Energy Au- thority is moving forward with a plan to boost its rates by 7 percent in early April. The local public au- thority's rates will remain on par with those of its competitor, Pacific Gas & Electric Co. "Even with our increase and even factoring in the surcharge that PG &E ap- plies to Marin Clean En- ergy customers, the average residential customer under Marin Clean Energy will only be pay- ing about 90 cents more tnnnreA per month - toxill, and in many cases com- mercial customers will be paying less than they,would under PG &E," said Damon Connolly, chairman of the authority's board of direc- tors. Connolly added, "And it's for a better product." He said 50 percent of the authority's energy comes from renewable sources, while renewable sources ac- count for only 20 percent of PG &E's energy. The local authority's ex- ecutive officer Dawn Weisz said the authority is raising its rates primarily because of increased costs for en- ergy, including somewhat higher prices for natural gas. She noted that while the supply of natural gas has increased, the price for gas fluctuates as increased supply leads to lower prices, which lead to lower produc- tion. "We're in that part of the cycle," Weisz said. "The market cost of power is going up." There also are increased costs due to growing pains. The authority will begin marketing to residents of See AUTHORITY, page 2 CALIFORNIA BUSINESS TMBSCRIBE:800492 -6945 Strong Northeast Bank bomb plot GOP officials shift n4 storm arrives r. suspect arrested on Obama care Val. 151,110.32! a2p13Mann A storm that forecasters warned Federal agents arrested a man Some Republican governors are Journal could be a blizzard for the history when he allegedly tried to bomb an buying into parts of the new health 0 40901 29001 a �,� bor .,s began clobbering the New ;, ",''' Oakland branc!!of Bank of America care law arr#d the financial realit'ss A AlMediaNews Group NEWSPAPER York- Boston corridor on Friday. A8 Friday morning. A7 of their states' medical costs. AID ► YouTube: youtube.com /marinij ► Paul Liberatore: twitter. ► Popular, Blogs & Feed- com /LibLarge back: twitter.com /marinij i Advertising: twitter.com/ ► Opinion: twitter.com/ marinij_adlink marinij_opin ► Real Estate: twitter.com/ ► Sports: twitter.com/ marinij homes marinij sports ► Foursquare: foursquare. ► Life & Entertainment: com /marinij twitter.com/marinij _ ent ► Flickr: bit.ly /ijflickrpool otterin FROM FRIDAY ............................... ............................................. Daily 3 Midday: 6 -1 -4 Daily 4:3 -1 -4 -5 Daily 3 Evening: 2 -6 -7 Fantasy 5:1- 12- 15 -22 -29 MegaMillions:6- 15- 20 -39 -50 Mega:5 tions Clarifications ............................................ The Marin Independent ............................... errors to our attention by Journal corrects and clarifies contacting Brad Breithaupt factual errors in articles that at bbreithaupt@marinij.com have appeared in the IJ. Bring or 382 -7291 . Today in history Today is Saturday, Feb. 9, under Gen. Erwin Rommel the 40th day of 2013. cross from Italy to North Af- Highlight: In 1667, the rica in World War 11. Peace of Andrusovo ends the In 1943, The World War II Thirteen Years' War between battle of Guadalcanal in the Russia and Poland, giving southwest Pacific ends with Russia the eastern Ukraine, an American victory over incluQing Kiev. Japanese forces. In 1718, French colonists In 1962, Jamaica becomes arrive in Louisiana. independent nation within In 1788, Austria's Joseph 11 British Commonwealth. declares war on Turkey. In 1964, The Beatles make In 1801, the Peace of Lun- their first live American tele- eville between Austria and vision appearance on "The Ed France marks virtual destruc- Sullivan Show." tion of Holy Roman Empire. In 1971, an earthquake In 1825. U.S. House of near Los Angeles kills at least Representatives elects John 64 people. Quincy Adams president after In 1989, One woman is no candidate received a ma- shot and killed and six people jority of electoral votes. are injured in violence during In 1849. Rome is pro- the Jamaican elections. claimed republic under In 1990, Kenyan Foreign Giuseppe Mazzini. Minister Robert Ouko is found In 1870, The U.S. Weather slain at his family farm before he Bureau is established. was to have presented a report In 1891, Menelek, Emperor on corruption. Two of president of Ethiopia, denounces Italian Daniel Arap Moi's closest con - claims to a protectorate. fidants are later named as sus - In 1909, Germany recog- pects but never convicted. nizes France's special inter- In 1991, about 90 percent ests in Morocco. of those casting ballots in In 1934, Romania, Greece, Lithuania's referendum on 1ugoslavia and Turkey sign independence vote in favor The Balkan Pact. of secession from the Soviet In 1941, German troops Union. gtarin �$naefenbrnt 30urnid BUSINESS AND OPERATIONS ,David Rounds, president and publisher drounds@marinii.com 382 -7297 Scott Henry, online director shenry@marmij.com 382 -7304 Circulation tosubscribe @marinij.com 883 -8633 Advertising and Marketing advertising @marinij.com 382 -7275 NEWSROOM CONTACTS (Doug Bunnell, executive editor dbunnell @marinii.com 382 -7290 'Brad Breithaupt, city editor bbreithaupt @mannij.com 382 -7291 (iobert Sterling, social media editor rsterling @marinij.com 382 -7294 Mcki Larson, lifestyles editor vlarson @marinij.com 382 -7286 Derek Arild, sports editor darild @mannij.com 382 -7298 lobert Tong, photo editor rtong @marinij.com 382 -7269 dick Bensen, calendar editor calendar @marinij.com 382 -7282 -Dave Allen, digital editor dallen @marinij.com 382 -7206 a MedlBNeWS GrOUp NEWSPAPER and ,In edition of the San3oee91e vueg -New published daily at: :4000 Civic Center Drive, Suite 301, San Rafael, CA 94903 :315- 883 -8600 1 marinij.com :9USINESS HOURS: 8:30 a.m. to 5:30 p.m. Monday to Friday #ISSN 0891 -5164 USP 261 -000) : eriodicals postage paid at San Rafael, CA, and additional mailing offices. postmaster: Send address changes to Marin Independent Journal, 4000 Civic Center Drive, Suite 301, San Rafael, CA 94903 FOR SUBSCRIPTION h DELIVERY SERVICE 415 -883 -8633 6 30 a.m to 5:30 Saturday Monday S Friday 7 a.m. to .tam. 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TO PL ACE A CLASSIFIED AD TO PLACE A DISPLAY AD All areas ................. 415- 382 -7242 All areas ................800 -382 -7275 Fax ......................... 415-382-7204 HOURS: 8:30 a.m. to 5:30 p.m. HOURS: 8:30 a.m. to 5:30 p.m. Monday to Friday Monday to Friday lease that, if ultimately approved by district vot- ers, would take effect in 2015. The deal calls for the hospital nonprofit to pay the district $500,000 in annual rent. The term sheet also states that the nonprofit, Marin General Hospital corporation, will have to pay the district some ad- ditional percentage of its profits if those profits are sizable enough and if the hospital is deemed fi- nancially healthy enough, based on its credit rating and cash on hand. "The lease does what it needs to .do; it gets both the hospital and the district the money they need," said Jennifer Rienks, chairwoman of the district's board of di- rectors. Rienks added that, "Un- like the previous lease of Marin General, the Marin Healthcare District Board is the sole corporate mem- ber of Marin General Hos- pital corporation. This ensures Marin General's Greenbrae lawyer Nancy McCarthy, who opposed the formation of a sepa- rate, private board to manage Marin General after Sutter bowed out, leasing the hospital to an- other entity is a mistake. McCarthy, a former dis- trict board member who wrote the state law that requires a vote of district residents before leasing a district hospital, said, "The concern is any lease is going to result in gover- nance being removed from public oversight Although Marin Gen- eral's profits will no longer be subject to confiscation, McCarthy worries that once Marin General Hos- pital corporation secures a new 30 -year lease its board will be free to pay its staff exorbitant salaries. "There is going to be no control over what the CEO makes at all," McCarthy said. Lee Domanico, who serves as Marin Gen- eral Hospital's CEO, also serves as the district's with the transfer of con- trol from Sutter Health to the district. Friedenberg declined to release Domanico's compensation for 2012 because he said compa- rable district -owned hos- pitals, such as Washing- ton Township Hospital in Fremont and El Camino Hospital in Mountain View, won't release their 2012 salary figures until November, 2013. In 2010, Domanico received total compensation of just over $1 million, including a $322,953 bonus. In 2011, Washington Township Hospital CEO Nancy Farber received total compensation of $1.1 million, which included a base salary of $615,361 and a bonus of $246,918. Washington Township that year reported a loss of $1.3 million on revenue of about $30.5 million. At El Camino Hospital in 2011, CEO Tomi Ryba received a base salary of $695,000 and a bonus of $137,815; her total compensation compensancn or executves at El Camino Hospital to twice what the governor of California makes in a year. Gov. Jerry Brown earns $165,000 per year. At El Camino Hospi- tal executive salaries are set by a hospital board of directors, which consists of five publicly - elected district board members and four appointees. The El Camino hospital board has authorized its legal counsel to file a lawsuit challenging the validity of Measure M. The board has said that if allowed to stand Measure M could significantly diminish the hospital's ability to attract the talent it needs to compete. Friedenberg said since the salaries of executives at Marin General are set by the board of Marin General Hospital corpora- tion passage of a similar initiative in Marin Coun- ty would have no effect. Contact Richard Halstead via e -mail at rhalstead@marinij. com AUTHORITY: Rates to rise, will be on par with PG &E From page 1 The authority, which is a public authority, its for -owned utility for en- the city of Richmond in consists of the county of rate adjustments are not ergy contracts it entered early April. Marin, all 11 of Marin's overseen by the Califor- into before they opted to Weisz noted the author- municipalities and the nia Public Utilities Com- switch energy suppliers. ity's customers have been city of Richmond, is the mission, which regulates The authority's rates paying substantially less first successful attempt investor -owned PG &E. for all other categories of than PG &E customers in California to launch Following the 7 percent customers — including since Jan. 1, when PG &E a new, public model for increase, the authority's commercial, industrial raised its rates by 12 per- providing electricity to generation rate for aver- and agricultural — will cent. residents. It serves as the age residential custom- be slightly lower than Brittany McKannay, a retail electricity provider ers will be 7.4 cents per PG &E's even when the spokeswoman for PG &E, for its 95,000 customers, kilowatt hour compared surcharge is added in. said the authority's rate who continue to also pay with 7.9 cents for PG &E. The authority, which comparisons are accu- PG &E for transmission When you factor in adjusts its rates once a rate. McKannay noted, and distribution of their PG &E's surcharge of .6 year, estimates that the however, that if the ener- electricity. cents per kilowatt hour rate increase will gener- gy PG &E gets from large The authority's board for residential custom- ate an additional $5.8 hydroelectric projects voted unanimously ers, the authority's rate million over the next year, and nuclear plants were Thursday to approve the 7 will be .1 cent higher per and allow it to balance its counted as renewable, percent rate increase, but kilowatt hour. budget for fiscal 2014. then nearly half of the a second vote on April 4 PG &E is allowed to chemicals by eating fish company's energy would is necessary before the in- charge authority cus- Contact Richard Halstead via come from renewable crease can be implement- tomers a special fee to e-mail at rhalstead@marinij. sources. ed. Since the authority compensate the inves- com DOGS: Officials look to protect open space in Tiburon From page 1 mals are nearby. Officials have long con- for either dogs or people I customer base, and he "It's my job to get in here sidered leash and commer- don't know." estimates that up to 250 and be a silent partner — cial dog - walking rules for He said he does not be- dogs there are walked by basically get in, do my job the Golden Gate National lieve commercial walkers professionals. and get out," he said. Recreation Area, but no are causing significant g He said he would wel- Many cities and towns decision is expected until environmental damage. already have strict dog next year. "It's either me walking come regulations, so long leash laws, and the Marin Rossi said he would the dogs here or my clients as they are not too restric- County Open Space Dis- support a permit process tive. "I want to actively trict has had special com- in Tiburon, but said dogs bringing the dogs here," participate in this," he mercial dog - walking rules should be allowed'to walk he said. It's just that I'm said. for a decade. The county off -leash at least some of doing it in a pack, but it Jupe said he and many requires walkers to take the time, as they are in `Would be the same thing." other dog - walkers already a training course, pay open spaces. self - regulate, taking care a $150 fee, wear special "I let them off when I Contact Will Jason via email to pick up waste and clip vests and walk no more know there isn't anybody at wjason@marinij.com or via dogs to leashes when un- than six dogs, three of around," he said. "I'm Twitter athttp: / /twitter.GOM/ known people and ani- them on- leash. constantly looking ahead willjason State proposes new flame retardant regulations By Jason Dearen tory flammability stan- efforts on actual ignition several times higher than Associated Press dard for residential fur- sources such as cigarettes, people tested in Europe, SAN FRANCISCO — niture, a standard often radiant heaters, exten- the CDC said. California proposed reg- achieved by the use of sion cords and fireplace Animal studies have chemically treated foams. that ulations on Friday that embers, rather than on shown PBDEs can affect The rule has become the would set new flamm would de facto standard for the outdated sources such as candle flames. brain development, but human health effects are and allow ity rest of the nation. "All are smoldering still unknown, according furniture and some chil- In June, Gov. Jerry sources," said Tonya to the CDC. dren's product manufac- Brown ordered the state Blood, the bureau's chief. While use of the PBDEs turers to stop using chem- Bureau of Electronic and The U.S. Centers for and TDCPP — which is ical flame retardants. Appliance Repair, Home Disease Control and listed as a carcinogen The change was pro- Furnishings and Thermal Prevention say people under California's Prop - posed after decades of Insulation to re- examine are being exposed to the osition 65 — have been complaints about the the standard to reduce chemicals by eating fish regulated in California, spread of chemicals known manufacturers' reliance or breathing dust that has furniture manufactur- as PBDEs and TDCPP on toxic chemicals. been contaminated. ers have replaced the into the environment. Regulators say the new People tested in the substances with similar California is the only rules world cut fire dan- U.S. had levels of the chemicals that have also U.S. state with a manda- ger by focusing protection chemicals in their bodies raised concerns. Tiburon considers rules for commercial dog walkers - Marin Independent Journal ONE ?harm intirprnkat3ourn,al marinl. com I� uk- 3.6k G Site Web Search powered by r'AHOO! SEARCH Home My Town Obituaries Opinion Blogs .- Sports Lfestyies - Business Classtfieds Homes Shopping Jobs Place—,', Rec �j 7 people recommend this. S a:' :w Share a' Tweet 2 7 L,i to see what your friends recomrrend. Tibu In Like lens rules for commercial dog walkers By Will, Ntann In 0 i. The Middle Ridge open space area in Tiburon is a dog walker's paradise. There are few people, wide swaths of grassland and 18o- degree views of the Golden Gate Bridge, Mount Tamalpais and the bay. And despite a sign asking people to do so, there is no requirement to keep dogs on a leash. That could soon change, as officials consider new regulations of commercial dog - walking in the town's open spaces. A committee of the Parks, Open Space and Trails Commission and town staffers are considering possible leash rules and limits on the number of dogs one person can walk, among other restrictions. They looking at taking action after some residents expressed concerns about possible environmental damage from large Pal cks of dogs. "The concern is that a large number of dogs off - leash could be detrimental to the sensitive habitat," said Mike McMullen, a member of the committee. The town already requires leashes for all dogs in many places including the waterfront bike path, McKegney Green, South Knoll Park and Playground, Zelinsky Park, downtown and all other commercial areas. The committee is focusing on more remote open spaces such as Middle Ridge, which is popular with people who are paid to walk a half -dozen or more dogs at a time. Commercial dog - walkers are a daily presence at Middle Ridge, where Robert dupe Jr. of Sir Walks - Alot and Lucho Rossi of Pooch Promenade Inc. each shepherded packs of dogs along the main trail Friday mnrmne. i'Today's Promotion Anicricani lomccf�niirt:: L�Ut J_�;<c-„_. 11(0171c•c onlil l", 0 Marin Energy Authority moves to raise rates in April, remains on par with PG &E prices Tiburon considers rules for commercial dog walkers'` Food, real estate, photos. Best of Mann biogs Feb 1- 8 Author to discuss relationship book in Tiburon Biologist to discuss owls in Tiburon t Most Viewed (From the last 12 hours) 1. Warriors to unveil jersey with sleeves 2. 'Cap' Lavin longtime Mann English teacher dies at 82 3. Officials. seek to allay concerns about troubled teen school in Terra. . 4. MOUntain bike pioneers gather to support Trips for Kids 5. County proposes affordable housing zone for key sites •. Classifieds Au LISTINGS Page 1 of CM 1 . �A', Feel. Restaurant Grour Imo. I RbhsW w 1162013 - http: / /www.marinij .com /tiburonbelvedere /ei_225 52129 /tiburon- considers- rules - commercial -dog- walkers 2/11/201: t' THE ARK • MARCH 13, 2013 5 Tiburon parks panel to host forum on impacts of professional dog - walking in .sensitive habitats By DEIRDRE McCROHAN tlinccrohaiiC ,tltearknet- uspapei.com The Tiburon Parks, Open Space and Trails Commis- sion will hold a public forum March 19 on professional dog walking and its impacts on the Middle Ridge Open Space Preserve and other sensitive habitat areas. The town is considering new regulations that would require professional dog walkers to get a permit to exercise dogs in the town -owned Middle Ridge parcel off Gilmar- tin Drive and other environmentally sensitive areas. Non- professionals who walk multiple dogs on -or off -leash also could be affected. "The dogs are trampling all over the sensitive serpen- tine habitat," biologist Eva Buxton of Tiburon previously told The Ark. She said what looks like wild, tough grass- land to some is really home to a number of rare and endan- gered species. Commissioners also are concerned that dog walkers are not disposing of dog waste properly. Commissioners Mike McMullen and Bob McDermott serve on the subcommittee, which has been investigating the commission's options. "We really want public input on this," McMullen said. "We'd like to see a good turnout for this meeting." The county of Marin requires commercial dog walkers to get permits at a cost starting at $150 per year. Its rules limit professional dog walkers to six dogs at a time on -leash and no more than three off -leash at one time. The commis- sion reportedly will consider something comparable, but details weren't available at press time. At the same meeting — at 6 p.m. March 19 at Tiburon Town Hall, 1505 Tiburon Blvd. the commission also To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Manager Administrative Services Department Town Council Meeting June 5, 2013 Agenda Item: PJ (_ Subject: Recommendation to Receive Fiscal Year 2013 -14 Municipal Budget Plan, Consider Budget and Provide Direction for Staff to Return with Resolution for Budget Adoption on June 19, 2013 Reviewed By: t� BACKGROUND This report provides the proposed preliminary Municipal Budget for fiscal year 2013 -14. Staff will provide a PowerPoint presentation for the Town Council and public at the meeting. Staff met with the Town Council's Finance and Administration ad -hoc committee during the development of the proposed budget. A summary of highlights of the Municipal spending plan are provided below, which Staff will review in further detail at the meeting, is provided below. ANALYSIS As presented, the overall total appropriation for FY 2013 -14 is $12,696,279, which includes the Operating Budget, Capital Improvement Program, Debt Service and Capital Outlay. This is a decrease of approximately $3.6 million over the approved FY 2012 -13 budget. This decrease is due to reduced spending in the Capital Improvement Program over the current year. Operatiniz BudLyet The Operating Budget, which provides for the annual ongoing costs of running the Town, is balanced and provides a $93,877 surplus. The preliminary budget appropriates $9,347,919 in operating expenditures, an increase of 6.1% or $538,419 over FY 2012 -13. Operating revenues are projected to be $9,441,795, which is 6.3% or $558,814 more than FY 2012 -13. Operating revenues consist of $7,701,366 in General Fund revenues, along with the use of other funding sources in the amount of $1,740,429. General Fund Operating Revenues are projected to increase 6.0% or $558,814 over FY 2012 -13. General Fund Operating expenditures are proposed at $7,609.489, which is a 5.9% or $420,231 increase over FY 2012 -13. Towli Council Mcctinc; ,tune 5, 2113 The preliminary Operating Budget expenditure plan represents a status quo budget over the current year; it provides for salary and benefit increases that have been negotiated by the Town's two organized employee groups and increases authorized last year by the Council for unrepresented employees. It maintains the current level of services now being provided to the residents and businesses of the Town. The only very small increase in personnel hours is within the Administrative Services Division. The reorganization of staff has increased the divisions FTE from 6.46 in FY 2012 -13 to 6.54 in FY 2013 -14. Staff will discuss this reorganization further at the Council meeting. All other Department staff remains unchanged from the current year. Capital Improvement Program (CIP The Capital Improvement Program consists of three categories: Streets, Drainage and Community Projects. The proposed CIP appropriates $2,307,500 in projects and is funded through General Fund Reserves and restricted fund revenues. The Public Works Director /Town Engineer will make a presentation on the proposed projects. The following narrative provides an overview of the larger components of the proposed CIP budget. Street Improvement Projects — The Streets Improvement Program totals $950,000. Now that the Town has completed the reconstruction and resurfacing of all streets that were considered "failed ", this represents a streets budget that maintains the current pavement system. It is anticipated the Town will spend $750,000 each year on maintain its roadway system. Drainage Improvement Projects — A total of $500,000 is appropriated for drainage improvement projects. Specific projects will be brought forward by the Town Engineer from the Drainage Master Plan program. Community Improvement Projects — A total of $857,500 is appropriated for Community Improvement Projects. The larger projects include undergrounding of utilities along Tiburon Boulevard from Mar West to San Rafael Avenue, the carry forward funding for a major renovation of the downtown restrooms, preliminary design and engineering of the Tiburon Boulevard medians between Cecilia Way and Bay Vista Drive, and various downtown improvements. Debt Service The Town's debt service program consists of five bond issues, totaling approximately $10.5 million in outstanding principal. Each bond issue is paid by assessments levied against residential and commercial properties located within each assessment district. The Town acts as the fiduciary agency for the receipt of assessment revenues and subsequent payment of the bonds, and has no financial obligation to bond holders. Pa To\\'N ()I, Ti Bt' RON ge ? c,l 3 ToNvii Council uncil Meeting _June .5, 2011 Municipal Budget Re -Cap The Operating Budget is balanced and provides a small surplus, as follows: Projected Revenues $9,441,795 Projected Expenses $9,347,919 Operating Surplus $ 93,877 As proposed, the total budget for the Town is $12,696,279. Upon adoption of the budget plan at the June 19, 2013 meeting, the final budget document will be printed and circulated to interested parties and posted on the Town's website. FINANCIAL IMPACT There is no immediate financial impact by the Town Council considering the proposed Municipal budget plan for FY 2013 -14. RECOMMENDATION Staff recommends that Council: 1. Hold a public hearing and after due consideration, 2. Continue the matter for a second public hearing and direct staff to return with a Resolution for budget adoption at the regular meeting of June 19, 2013 Exhibits Preliminary Municipal Budget for Fiscal Year 2013 -14 Prepared By: Heidi Bigall, Dircc.jr of Administrative Services Peggy Curran, Town Manager To \V'N OI, TIBt RON Page 3 (-)E 3 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 ToNA7n Council Meeting June 5, 2013 Agenda Item: BACKGROUND On May 15, 2013 the Town Council considered the sad task of filling the seat of the late Richard Collins. The Council agreed to call a special election on November 5, 2013 for that purpose. However, the Council also decided to solicit applications for candidates to serve until the special election. The Government Code authorizes an interim appointment if the Council adopts an ordinance providing for the filing of Council vacancies. The Council asked staff to return with such an ordinance. ANALYSIS Section 35612 of the California Government Code authorizes the Town to adopt an ordinance that provides the following alternatives for filling a Council vacancy: (1) Requires that a special election be called immediately to fill every Town Council vacancy. (2) Requires that a special election be held to fill a Town Council vacancy when petitions bearing a specified number of signatures are fled. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition. (3) Provides that a person appointed to fill a vacancy on the Town Council holds office only until the date of a special election which shall immediately be called to fill the remainder of the ten-n. Under any of these alternatives, any special election would be held in conjunction with the next regularly established election date not less than one hundred fourteen days from the call of the special election. 11 1U The Council's stated goal on May 15th was to create the option of an interim appointment pending a special election. Accordingly, the attached draft includes only the third option. The Council also indicated that it wishes to be able to make an interim appointment at its June 19th meeting. To accommodate that timeframe, we recommend that the Council establish a June 125 2013 deadline to apply for the interim position. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and take any public comment on this item 2. Move to read by title only 3. By role call vote, pass first reading of the ordinance 4. Direct staff to accept applications for the interim seat through June 12, 2013. Exhibits: Draft Ordinance Prepared By: Ann R. Danforth, Town Attorney ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING SECTION 2 -3.1 OF THE MUNICPAL CODE ( "REDEVELOPMENT AGENCY") AND ADOPTING A NEW SECTION 2 -3.1 REGARDING INTERIM APPOINTMENTS FOR COUNCIL VACANCIES The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town of Tiburon Redevelopment Agency has been terminated by state law, rendering the current Section 2 -3.1 of the Town of Tiburon Municipal Code inoperative. B. California Government Code section 36512 provides that, in the event of an unscheduled vacancy on the Town Council, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person so appointed or elected to fill a vacancy holds office for the unexpired term of the fonner incumbent. C. California Government Code section 36512 authorizes the Town to adopt an ordinance that authorizes the Council to appoint an interim Council member to fill an unscheduled vacancy until the date of the special election. D. Council member Richard Collins passed away on May 8, 2013, after many years of service to the Town. The Town Council favors calling a special election to fill the unexpected vacancy, which would be consolidated with the regular election on November 5, 2013. E. The Council wishes to have the option of appointing an interim member, because the Council's current heavy workload requires a five- member Council for satisfactory conduct of the Town's business and because maintaining a four - member Council creates an unacceptable risk of tie votes. F. As an ordinance relating to an election, Section 2 of this ordinance shall take effect immediately upon adoption pursuant to Section 36937(a) of the California Government Code. Now, therefore, be it further ordained by the Council of the Town of Tiburon as follows: Section 2. Repeal of Existing Section 2 -3.1. Section 2 -3.1, regarding the Town of Tiburon Redevelopment Agency, is hereby repealed. Section 3. Adoption of New Section 2 -3.1 Section 2 -3.1, is hereby added to the Town of Tiburon Municipal Code to read as follows: Section 2 -3.1 -- Appointment of Interim Council Members Pending Special Elections. (a) If any vacancy on the Town Council occurs other than by expiration of a term and the Town Council calls a special election to fill said vacancy, the Town Council may appoint any person, otherwise qualified, to fill said vacancy and hold office only until the date of the special election. (b) The special election shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election. (c). Notwithstanding any other provision of this section, an appointment shall not be made to fill a vacancy on the City Council if the appointment would result in a majority of the members serving on the Council having been appointed. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 4. Effective Date; Publication. This Ordinance shall take effect and be in force upon passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on June _, 2013, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on _, 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK