Town of Tiburon

Staff Report

BACKGROUND

Government Code Section 65400 requires that an annual report be prepared by the planning agency of each town or city, which is then forwarded to the appropriate legislative body, on the status of the General Plan and progress in its implementation. In Tiburon, the "planning agency" is the Planning Commission.

The statute specifically requires a progress report on meeting the community’s regional fair share housing allocations. Furthermore, the statute requires that the annual report include a description of "local efforts to remove governmental constraints to the maintenance, improvement, and development of housing." These topics are addressed on Page 2 of the annual report.

State law also requires that the annual report be forwarded to the State Department of Housing and Community Development (HCD) and to the Governor’s Office of Planning & Research (OPR) in Sacramento each year. Recently, the law changed to encourage annual reports on a fiscal year basis as opposed to the more traditional calendar year basis.

RECOMMENDATION

It is recommended that the Planning Commission review the draft annual report, make any desired revisions, and direct Staff to forward the report to the Town Council and then to the State Department of Housing & Community Development and the Governor’s Office of Planning & Research.

ATTACHMENTS

1. Draft annual report for Fiscal Year 1999-2000.

INTRODUCTION

This report is intended to satisfy statutory requirements of Government Code Section 65400 concerning the status and implementation of the Town of Tiburon General Plan. The following is an element-by element summary of the General Plan status for Fiscal Year 1999-2000.

OVERALL GENERAL PLAN REVISION PROCESS

The Town’s adopted two-year budget includes substantial appropriations for an update of the Tiburon General Plan during Fiscal Years 2000-2001 and 2001-2002. All elements of the General Plan are scheduled for updating during this two-year period. The Housing Element revision has been underway since December 1999 when the Town retained planning consultant Lisa Newman to assist Planning Department Staff with the Housing Element revision.

HOUSING ELEMENT

The Housing Element was totally revised in 1991. In 1994, an appendix was added to comply with State requirements for "at risk" housing. The State Department of Housing & Community Development found this amendment satisfied the requirements of State law, although the 1991 Element was not certified by the State as in compliance. The Town Council self-certified the Element in 1991, as allowed by State law.

State law currently requires that the Town adopt a new Housing Element by December 31, 2001. As noted above, the Town is well underway with its Housing Element revision process. A public workshop on the revision was held in May 2000, after which the consultant began preparation of an administrative draft element.

At the end of Fiscal Year 1999-2000, construction work began on the Ned’s Way Garden Homes housing project that includes four (4) very-low-income units. This project was made possible by the sale of the land (formerly held by the Town of Tiburon) and with subsidization of the very-low-income units by the Tiburon Redevelopment Agency using redevelopment housing set-aside funds. Completion and occupancy of this project and its affordable units is not anticipated until the summer of 2001.

Upon the completion of the Ned’s Way project, all "housing opportunity sites" listed in the 1991 Housing Element will have been constructed with affordable housing units. These include:

The Bradley House: 3 low-income units

Cecilia Place: 15 very-low-income units

Ned’s Way: 4 very-low-income units

In addition, permanent preservation of The Hilarita, a 102-unit at-risk affordable housing project, and by far the Town’s most significant affordable housing asset, was secured under the 1991 Housing Element, in part with monies from the Town of Tiburon’s affordable housing in-lieu fee fund. The revised Housing Element now in process will identify a new set of "housing opportunity sites" with appropriate densities to meet the Town’s regional fair-share allocation.

No below-market rate new housing units were constructed and occupied for Fiscal Year 1999-2000. In the "above-moderate income" housing category, 18 new single family detached dwelling units were constructed, while 7 housing units were demolished. All of the demolished units were replaced with new units.

Section 65583(c)(3) of the California Government Code requires Housing Elements to "Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing." The Housing Element, at pages 18-26, describes these constraints and concludes that the existing constraints to housing are appropriately balanced with resource protection and quality of life considerations. Staff is unaware of any changes during the 1999-2000 fiscal year that would significantly alter the existing framework in which the maintenance, improvement, or development of housing occurs. Tiburon's housing stock is in very good shape overall, and the Town's aggressive Residential Building Report (RBR) program, among others, encourages the maintenance and improvement of residential units prior to their sale.

OPEN SPACE & CONSERVATION ELEMENT

This element was adopted in 1989. The Town Council has requested amendments to this element be pursued during the next round of general plan amendments, including better definitions of certain terms, and incorporation of Resolution No. 2859 concerning secondary ridgelines. Portions of this Element should also be updated to reflect Marin County's adoption of a revised Countywide Plan in 1994. It is not believed that any dramatic changes to this Element are needed, its content being of a more timeless nature than certain other Elements and the Town’s open space inventory being largely complete with a few exceptions.

LAND USE ELEMENT/DOWNTOWN SUB-ELEMENT

The Land Use Element was adopted in 1989. Minor amendments to the Land Use Element/Downtown Sub-element were adopted in 1990, 1991, and 1994. Some updating of this Element, including its Downtown Sub-Element, will be performed during the budgeted General Plan update in FY 2000-2001 and 2001-2002. Modifications to the Land Use Element will be required to incorporate designation of certain sites as "housing opportunity sites" at increased densities. The Land Use Element continues to operate successfully for the few sizeable development projects that occur in the Town of Tiburon.

CIRCULATION ELEMENT

The Circulation Element was adopted in 1994. An update of this Element will be undertaken in Fiscal Years 2000-2001 and 2001-2002. New traffic counts of all major intersections along Tiburon Boulevard were conducted in early June 2000. These counts, supplemented by follow-up work, will become the basis for projected traffic conditions in the revised Circulation Element and will be used for modeling Land Use Element changes created by Housing Element redesignations.

The Town is pursuing safety and capacity improvements to the stretch of Tiburon Boulevard between Cecilia Way and Rock Hill Road. These areas are all within Caltrans jurisdiction and gaining the helpful cooperation of that Agency has been, and continues to be, a challenge.

At the Tiburon Wye, the Southbound U. S. Highway 101 off-ramp to Tiburon Boulevard and E. Blythedale Avenue continues to show increased congestion. While outside of Tiburon’s jurisdiction, the Town collects fees from development project to assist with the upgrade of this facility. The Marin County Congestion Management Agency is leading the effort for a significant improvement at the southbound off-ramp. A Project Study Report for this improvement is being prepared for review by Caltrans. Such an improvement is several years away, at best.

However, the Town has accumulated approximately $80,000 in a dedicated account for improvements at the Tiburon Wye, and will coordinate expenditure of the funds with Marin County as improvements are proposed in the future.

SAFETY ELEMENT AND NOISE ELEMENT

Both of these elements were adopted in 1989. Updating of these elements will be performed during Fiscal Years 2000-2001 and 2001-2002.

PARKS & RECREATION ELEMENT

The Parks & Recreation Element was adopted in 1989 and amended in 1994. Updating of this element will be performed during Fiscal Years 2000-2001 and 2001-2002, with assistance from the Parks & Open Space Commission. An increased emphasis on public park facilities will be included in the element update.

CONCLUSION

The Town continues to successfully implement the goals and policies of its General Plan, many of which have already been implemented over the prior 10 years.

The budgeted General Plan update for Fiscal Years 2000-2001 and 2001-2002 will represent a thorough review and refreshing of policies without the sweeping land use policy shifts that accompanied the prior (1986-1989) General Plan revision.

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