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HomeMy WebLinkAboutTC Minutes 2015-03-18TOWN COUNCIL MINUTES CALL TO ORDER Mayor Doyle called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 18, 2015, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell, Vice -Mayor Tollini and Mayor Doyle PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Planning Manager Watrous, Minute Clerk Hennessy CONSENT CALENDAR 1. Town Council Minutes —Adopt minutes of February 24, 2015 special meeting (Town Clerk Crane Iacopi) 2. 110 Solano Street —Adopt resolution denying appeal of Planning Commission review of permit to operate a portion of an existing two-family dwelling as a Seasonal Rental Unit (Community Development Department) 3. Town Council/Staff Retreat — Adopt summary of action items from March 6, 2015 Town Council/Staff Retreat (Town Manager Curran) Councihnember Fredericks asked that Item 3 be removed from the Consent Calendar. Chris Skelton, Ragghianfi-Freitas LLC, representing the Appellants at 110 Solano Street, asked that Item 2 be removed from the Consent Calendar, and asked the Council to consider a modification to the Resolution and add as a condition of approval notice for the neighbors for any seasonal rental. He stated that this would open lines of communication to make seasonal rentals more transparent. Vice -Mayor Tollini noted she was on the Planning Commission when this item was approved, and they thought they had implemented conditions of approval addressing the concerns at that time. She felt that it did not seem that it would be difficult to provide the neighbors with the information of who is coming and going in the lower rental, giving 24, 36 or 72 hour advance notice and letting them know how long the tenants will be in the unit. She said that this would go Town Council Minutes 08-2015 March 18, 2015 Page I a long way to alleviate tensions. She suggested adding a condition of approval to the resolution requiring the applicant to provide some advanced notice to the neighbor. The Town Manager noted that at the Council Retreat there was discussion about revisiting the seasonal rental ordinance and said that that will be forthcoming. The Mayor removed Item 2 from the Consent Calendar. MOTION: To adopt Consent Calendar Item No. 1. Moved/Seconded: Fraser/Fredericks Vote: Unanimous 3. Town Council/Staff Retreat — Adopt summary of action items from March 6, 2015 Town Council/Staff Retreat (Town Manager Curran) Councilmember Fredericks requested an addition to that March 6 minutes regarding a proposed state assembly bill that would limit a local jurisdictions' ability to attach conditions approval of to PG&E's permits to install EV charging stations. MOTION: To adopt the summary of action items from March 6, 2015 Town Council/Staff Retreat as amended. Moved/Seconded: Tollini/Fraser Vote: Unanimous 2. 110 Solano Street —Adopt resolution denying appeal of Planning Commission review of permit to operate a portion of an existing two-family dwelling as a Seasonal Rental Unit (Community Development Department) The Council discussed proposed modification of the Resolution. The Town Attorney advised the Council they might consider delaying this item until all parties to the appeal were present. After consideration the Council determined to not require any change to the resolution before them, and staff agreed to agendize consideration of modifications to the Seasonal Rental Unit Ordinance on April 15. MOTION: To adopt resolution denying appeal of Planning Commission review of a permit to operate a portion of an existing two-family dwelling as a Seasonal Rental Unit at 110 Solano Street, as submitted. Moved/Seconded: O'Donnell/Fredericks Vote: Unanimous ACTION ITEMS 1. Award of Contract — Consider award of bid for construction of Dairy Knoll Stairs and Path Improvements Project (Public Works Director Barnes) Town Council Minutes 08-2015 March 18, 2015 Page 2 Mr. Barnes stated that the Town received 5 bids for the construction cost and the low bidder was Darren Taylor Construction with a bid of $116,909 which includes the cost of the conduit which was not included in the previous bid. This low bid was within $100 of the Town Engineer's estimate. He recommended amending the CIP budget to increase the funding for the project to $162,236. In response to Council questions, Mr. Barnes explained how the bidding process works, noting that most bidders attend the bid opening or call within hours to find out who was the successful bidder. Councihnember Fraser complemented the Town Engineer for his focus and discipline and stated it was a pleasure to work with him. The Mayor opened the meeting to the public. There being no comments, the Mayor returned item to the Council. MOTION: To amend the CIP budget to increase the funding for the project to $162,236 for the Access and Pathway Improvements for the Dairy Knoll Recreation Facility, and to approve the award of contract to Darren Taylor Construction, Inc. in the not -to -exceed amount of $116,909 with a 15 percent contingency of $17,536. Moved/Seconded: Tollini/Fredericks Vote: Unanimous PUBLIC HEARINGS 1. 2312 Spanish Trail — Consider appeal of Design Review Board approval of a site plan and architectural review for the construction of additions to an existing two-family dwelling with Variances for Reduced Side Yard Setbacks (Community Development Department) Owners/Applicant: Malcolm and Bonnie Wittenberg Appellant: Jennifer Dunbar Address: 2312 Spanish Trail Assessor Parcel No.: 059-201-32 Dan Watrous, Planning Manager, reviewed the staff report which outlined the detailed discussions at the Design Review Board meetings resulting in approval of a Site Plan and application for construction of additions to an existing two-family dwelling, with variances for reduced front yard and both side yard setbacks at 2356 Spanish Trail Road. A timely appeal was filed by Jennifer Dunbar, the appellant. Mr. Watrous described the review of the application by the Design Review Board at the November 6, 2014, December 4, 2014 and the January 15, 2015 meetings, including concerns Town Council Minutes 08-2015 March 18, 2015 Page 3 Gordon Cousins, Design Review Board Chairman, stated that his recollection of the DRB's discussions fell somewhere in between those of the applicant and appellant. He described changes made to the bedroom deck, stating that it had been a large space for entertaining and the Board had asked for it to be pulled back, but he had envisioned the resulting connecting walkway. He said that a compromise was to allow the connection but pulling the great room deck back. He said that the concern was not a view issue but rather one of activity on the deck. He said that this was one of the most challenging projects he had seen. He felt that it was reasonable to allow the applicant to get floor area close to their FAR and he explained why the Board supported the variances, describing the character of the existing and proposed setbacks. He said that the Board worked with the applicants on the rooflines and said that the shadow studies represented a worst case scenario. He did not recollect the DRB discussing the upper level deck and explained that when the DRB saw that deck it was above the great room and when that was pulled back, the Board did not discuss the cantilevered deck or specify that it should be moved back. He stated that the story poles were placed on top of the proposed deck. Albert Delima, architect for applicant, reviewed the displayed plans, pointing out the changes, variances and property lines. He answered questions about the upper level deck and the existing lower level deck. He stated that the project would move new activity areas further away from the Appellant's home. The Mayor opened the meeting for public comment. There being no comments, the Mayor closed the public hearing. Ms. Dunbar explained the repair work they were doing on their deck, stating that the dog ramp had always been there. Mr. Wodehouse stated that they do not see the existing deck but would see the new deck. He said that 100 square feet of the floor area derives from a shed. He said that the work being done at their house has nothing to do with the subject application. Mr. Wittenberg said that their proposed floor area had nothing to do with the shed. He noted that the upper level deck had not been pulled back and that the DRB was clear that the great room should be pulled back 4 feet to reduce its visual impact. He said that the existing deck is closer to the neighbor's house than the proposed deck. He said that foliage will screen the proposed walkway and that the DRB required landscaping to address this issue. He stated that the appellants were tenants for 4 years before purchasing the property and knew of existing privacy issues. The mayor closed the public hearing. Councilmember Fraser stated that anyone who lives in Old Tiburon knows that its houses are in close proximity. He said that it was hard to tell where the property lines are and he was unsure who would be fixing the fence which needs repair. He said that these properties have existing nonconforming issues. He said that the application needs variances and landscaping and perhaps the neighbors might be involved in how the landscaping would be done. He thought that the DRB did a good job, but he thought that there was no exact answer on the right thing to do and he wanted to hear from other Councilmembers. Town Council Minutes 08-2015 March 18, 2015 Page 6 Councilmember Fredericks noted that she lives in Old Tiburon and knows the neighborhood. She said that there are a lot of houses close together and she wanted to focus on the application without trying to cure the idiosyncrasies of the neighborhood. She said that it was problematic to expect neighbors to agree on landscaping and she agreed that staff should have the final decision, but it was reasonable to ask for feedback from the neighbors. She noted there have been compromises and that the setback variances were minimal. She said that this is an odd -shaped lot and the structural placements are unusual. She reiterated that the project would be 100 square feet below the FAR and would have only 20% lot coverage. She felt the applicants had done a reasonable job of accommodating the needs of their neighbors and she said that she was inclined to support the decision of the DRB. Councilmember O'Donnell agreed with his colleagues' comments and said that he would vote to deny the appeal. He felt that felt the DRB did an excellent job of fashioning a good compromise and creating an L-shaped walkway to the deck. He suggested language in the motion that staff pay close attention to landscaping screening at the deck level. Vice -Mayor Tollini agreed that the DRB did a great job in coming up with a good compromise. She noted the challenges of the site with the houses close together and said that she did not think that the DRB contemplated the top deck. She thought that perhaps it would be more reasonable to cut it back so that it would not jut out, resulting in a 4 foot or 5 foot' deck, as the deck would be noticeable from the Appellant's kitchen. She hoped for some compromise on the landscaping and said that she would like to see the two parties work together on that issue. Councilmember Fredericks said that the upper level deck was previously above the structure of the great room and would only extend 3 feet, 8 inches out. Councilmember O'Donnell said that he had no problem with that deck, as it would serve only a small upper bedroom. Mayor Doyle stated that the DRB made a good decision and tried to pull the bulk of the house to the left. He said that the Hillside Guidelines were written to protect views straight out and not across the property. He said that he was not sure what else the applicants could do, as a 4 foot wide deck would not be very big. He said that he was more concerned regarding the lighting inside the house. He thought that the DRB did what they could and the project design had come a long way. He said that the deck had been pushed pretty far away and thought that it would afford more privacy to the neighbors. In response to Council, Mr. Watrous stated staff would be happy to consult with the appellants regarding the landscaping. MOTION: To direct staff to prepare a Resolution denying the appeal and direct staff to incorporate a collaborative process with the Appellant in reviewing landscaping to provide privacy. Moved/Seconded: Fredericks/Fraser Votes Unanimous �— Town Council Minutes 08-2015 March 18, 2015 Page 7 TOWN COUNCIL REPORTS Councilmember Fredericks reported: AB 1220 proposes to prohibit a local agency from leavening a tax for occupying a short term rental. • AB 40 addendum would prevent the Golden Gate Bridge District from collecting tolls for bicyclists unless it extended to all state bridges. The Bridge District wants a discussion as part of their long term plan. Councilmember O'Donnell noted Mike McGuire proposes a statewide tax for short term rentals be collected by the internet provider, who would not be able to post any ads for cities that have banned short term rentals. TOWN MANAGER REPORT Town Manager Curran reported on engaging Rob Epstein for interim legal services as needed. WEEKLY DIGESTS • Town Council Weekly Digests March 6 & 13, 2015 ADJOURNMENT to CLOSED SESSION MOTION: To adjourn to Closed Session at 9:15 p.m. Moved/Seconded: Fraser/Fredericks Vote: Unanimous CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: dispute regarding 110 Gilmartin Building Permit. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Doyle said there was no action to report from closed session. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle adjourned the meeting at 10:00 p.m. Town Council Minutes 08-2015 March 18, 2015 Page 8 I t• ATTEST: DIANE CRANE TAC PI, TOWN CLERK Town Council Minutes 07-2015 March 18, 2015 Page 9