Tiburon council grants six-month permit extension and waives large penalty for waterfront project

The Tiburon Town Council voted unanimously Dec. 3 to grant a six-month extension and waive a five-times permit-fee penalty for a large single-family residence at 4916 Ranch Road, after the applicant described repeated storm-related delays that halted construction.

Staff told the council the building permit for the multistory waterfront project was issued Jan. 3, 2023, and the applicant had exhausted the standard series of extensions under the municipal code. Staff said a fourth extension requires council approval and a fee equal to five times the original permit fee; staff advised the council that amount would be $87,935 and recommended imposing the fee with a prorated refund if the project finished early.

At the public hearing the applicant described heavy, prolonged rainfall and wetlands on the site that prevented inspections and the use of heavy equipment. “This was beyond our control,” the applicant said, recounting a months-long delay between permit issuance and the first inspection and asking the council to “please waive my fees because of [the] disaster.” The applicant said previous fees — including the initial permit, a triple-fee penalty and other costs — had already totaled roughly $100,000.

Council members asked detailed questions about the permit scope, including whether pool and landscaping work listed later on the timeline could be removed from the current permit and permitted separately. The town attorney clarified the municipal code allows the council to grant six-month increments only and that the applicant could return for further extensions if needed.

Mayor Thier moved to grant the extension and waive the additional fee; the motion passed on a roll-call vote with Council member Fredericks, Council member Nick Farr, Vice Mayor Wellner and Mayor Thier voting yes, Council member Ryan absent. The council’s approval included the council’s discretion to prorate any refund if the project finishes before the six-month term ends.

The applicant thanked the council after the vote. The council record shows staff will continue to monitor progress under the extended permit and, if the project is not complete at the six-month mark, the applicant must return to the council for any further extensions.