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Home My WebLink AboutTC Digest 2015-07-10TOWN COUNCIL WEEKLY DIGEST Week of July 6-10, 2015 TIBURON Correspondence, Notices and other Information 1. Memorandum - Scott Anderson - Vacation Rentals Zoning Amendments 2. Letters - July 5/7/8/9 Vacation Rentals Zoning Agenda, Minutes 1. Minutes - May 13 - Tiburon Planning Commission 2. Agenda - July 8 - Tiburon Planning Commission 3. Minutes - Action - July 8 - Tiburon Planning Commission 4. Agenda - July 16 - Tiburon Design Review Board REGIONAL, NOTICES AND AGENDAS Correspondence, Notices and other Information 1. Report - Bar Area Air Quality Management -2014 Annual Report Agenda, Minutes 1. Agenda - July 1- MCSTOPP Agency Staff Committee 2. Agenda - July 8 - Tiburon Fire District 3. Agenda - July 13 - Belvedere City Council 4. Public Hearing - July 21- County of Marin/Community Development Agency - Marin County Board of Supervisors - Affordable Housing Town of Tiburon MEMORANDUM TO: Mayor & Members of the Town Council i FROM: Scott Anderson, Director of Community Development SUBJECT: Vacation Rentals Zoning Amendments DATE: July 9, 2015 The Planning Commission held a public hearing last night on the proposed zoning text amendments that would prohibit short-term vacation rentals in Tiburon. The item was being heard in response to direction from the Town Council to staff, provided at the May 6, 2015 Council meeting, to initiate the zoning text amendment process. The Commission voted 3-1 (Corcoran, Weller and Williams in favor; Kulik opposed) to recommend to the Town Council that a ban on vacation rentals not be enacted, and that the Commission be allowed to craft revised zoning regulations for vacation rentals that would seek to address the neighborhood consistency and other problems related to vacation rental uses that were cited by the Town Council at its May 6th meeting. The Commission offered specific direction to staff regarding numerous possible zoning amendments aimed at addressing the concerns. Staff anticipates that the Commission's process could take 2-3 months and involve considerable staff time and up to two Planning Commission public meetings to craft such an ordinance. If that is the case, staff would prefer to begin working with the Commission on this matter as soon as possible, with a likely Council date possible in October. The vacation rental item is at this time tentatively scheduled to be heard by the Town Council on August 19, 2015. A more detailed memo will follow next week. DIGEST July 5, 2015 Tiburon Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Tiburon Town Council and Staff: The purpose of this letter is to support the Council's discussion from the May 6, 2015 meeting regarding discontinuing seasonal rentals. We are thankful for your efforts to retain the Town's residential character. We support the Council's sentiment expressed at the May 6th meeting that rentals of less than 30 days are effectively commercial enterprises incompatible with our residential community. In our experience, the burden upon Town resources to monitor compliance far exceeds the benefits bestowed to the community. We ask that the Council revoke all seasonal rental permits. If there are extenuating circumstances relating to advance reservations, consideration could be given on a case by case basis to honor those contracts so long as it is demonstrated by a date certain that future reservations actually exist. However, a definite sunset provision (e.g. December 31, 2015) should be established. If the Council decides to enact an exception to the anticipated repeal of seasonal rentals, we respectfully request that exceptions only be granted where the nine points suggested by Mr. Watrous at the May 6th hearing are reconciled with the application. Any exception request should be presented at a publicly noticed hearing. Thank you for taking on such an important local land use issue. Sincerely, Joe and Cathy Haraburda 120 A Solano Street Peggy Curran DIGEST From: Bruce Powell <bruce@calou.com> Sent: Tuesday, July 07, 2015 5:58 PM To: Peggy Curran; Scott Anderson; Dan Watrous; Kyra O'Malley; Councilmember O'Donnell; Councilmember Jim Fraser; Vice Mayor Erin Tollini; Mayor Frank Doyle; Councilmember Alice Fredericks Cc: Judy Ragland Armstrong Subject: re: JULY 8 7:30 PM meeting: SHORT TERM RENTALS Attachments: Memo to Town of Tiburon.pdf; CSA and JRA Ltr to Tiburon Town Council re Property Rentals (6.2.15).pdf Dear members of the Tiburon Planning Department and Town Council, It has come to my attention that the Town of Tiburon will be discussing policy regarding short term rentals in Tiburon. As a homeowner and licensed short term rental property owner in good standing, I would like to present my case that such homeowners, properly licensed, can be the best of neighbors and of benefit to the Town and the community. Whereas I deplore those few irresponsible owners that have given the rest of us a black eye, I urge the Town not to throw out the baby with the bathwater. Please see the attached letter making my case, and I have also attached a letter written by my neighbors, Chris and Judy Armstrong, stating their unequivocal support for our rental activity, and their reasons for same. respectfully, Bruce Powell 2180 Vistazo East 1 Memo to the Town of Tiburon Dear council members, It has come to my attention that the Town of Tiburon is considering the question of whether to continue to allow short-term rentals. As a resident with a permit for such rentals, I wish to explain my case. My wife and I and our two sons have been a residents of Tiburon since the 1990s, and my father and his second wife, a resident of Tiburon since the 1960s. Unlike many of my neighbors, I'm not a wealthy person, but am of modest means. We have always dreamed of extended travel to see the world, but this was always an unaffordable luxury out of our financial reach. However, thanks to the possibility of renting our house on a short-term rental, this has made it possible for us to travel, keeping our home and our belongings intact, and still be able to return to our Tiburon home whenever we wish to. None of this life -enriching experience would have been possible without offering our house as a short-term rental. A long-term rental would never work, since such tenants would need 30 or even 60 days notice to move out, and would have to be evicted in case of nonpayment of rent, which is of course very complicated, since our house is full of all of our personal property. And a long-term rental (30 days or more) would mean that we couldn't return to our house again when we wanted to. I would also point out that the short-term rentals provide much needed additional income for families that are on a fixed income trying to make ends meet. It would be a shame if we had to sell the house where we expect to retire because this additional income was cut off. Unlike a few irresponsible short-term rental owners in Tiburon, we have taken great care to be respectful of our neighbors and to make sure that our rental guests don't cause any disturbance. For example, we have a very strict policy of 5 person maximum occupancy. And we have a very strict policy to NOT ALLOW PARTIES, WEDDINGS, OR COMMERCIAL EVENTS OF ANY KIND. In short, we have taken every precaution to ensure that our guests shall not annoy our neighbors. Now, to address the issue at hand regarding short-term rentals in Tiburon: I would strongly suggest that the Town not throw the baby out with the bathwater. I am appalled by the irresponsible few homeowners who have shown disregard for their neighbors by renting their houses out for large and disruptive parties. This, however, should not be a reason to abolish all legal short-term rentals. Certainly those persons, such as myself, who have bothered to acquire a permit, have demonstrated civic responsibility and shouldn't be punished for the actions of a few irresponsible bad actors. The issue of short-term rentals in Tiburon is not going to go away. By banning them, the Town will simply be driving them underground. The Town of Tiburon will be in a much better position to regulate this activity, by issuing permits, and by regulating the actions of the permit holders to ensure that they act as good citizens. Our next-door neighbors, Chris and Judy Armstrong, have been fully supportive and understand that this activity offers a net benefit to the community, because our house would otherwise sit vacant and possibly neglected for much of the year while we travel. And of course, they realize that we have been careful and respectful of our neighbors. I sincerely ask the Town of Tiburon to continue to allow short-term rentals for those homeowners that have secured permits. Sincerely Bruce M. Powell 2180 Vistazo East CHRISTOPHER AND JUDITH ARMSTRONG Members of the Tiburon Town Council: We, Chris and Judy Armstrong, have resided at 2160 Vistazo East Street for nearly three decades. Bruce and Pascal have been our next door neighbors for the past fourteen years. During those periods of time when Bruce (a former commodore of the Corinthian Yacht Club) and his wife, Pascal, have been out of country on their boat they have from time to time rented their home under strict self-imposed guidelines to protect their own property interest and to preserve good relations with their neighborhood. There has never been an occasion when the Powell home has been rented that either of us has had reason to complain or to be concerned. Having somebody in residence next door is not only not a problem for us; it enhances our sense of security on a quiet cul-de-sac potentially attractive to person bent upon doing mischief when nobody is seen to be in residence. Bruce and Pascal are advising the Town that, if they should be barred from renting their home on a short term basis during the intervals when they are travelling, they would be forced to sell. For the Town to precipitate such action would have the effect of further destabilizing what is an owner maintained "right or way" for which the Town has never accepted the responsibilities which it commonly accepts in respect of most Tiburon residential streets and roadways. The Town does not maintain that portion of Vistazo East upon which the Powells and others reside; the Town has never installed a storm sewer to capture storm runoff on such portion of Vistazo East; and neither the Town nor Sani District 5 accept any responsibility for the function of the "private" sewer line that serves the homes on this right of way plus one home on Centro East. Bruce and Pascal do their share to maintain the right of way thus assuring that vehicular traffic may pass to and from (a) a vacant property long for sale on the up slope side of the street for $1.7 million, (b) a home at the end of the cul-de-sac whose owner has been an absentee landlord for the entire three decades we have owned 2160 Vistazo East, and (c) an additional home near the end of the cul-de-sac which was functionally unoccupied for 25 years and which since its sale has been the subject of desultory and sometimes very noisy renovation by new owners. It is urged upon the Town Council by some that long term renters are good but short term renters are bad. The experience of Vistazo East proves the opposite. In addition to maintaining a reasonable portion of the right of way, Bruce and Pascal contribute generously (more than their share) to the maintenance of the private sewer line and have worked diligently with us to create and maintain drainage channels to redirect the flood of waters from the Ridge Road homes which otherwise pour across our properties and into the backyards of Centro East homes on account of the absence of a storm sewer system on Vistazo East. By contrast, the absentee owners of properties on Vistazo East, including the property with a long term renter, do not contribute to the maintenance of either the right of way or the drainage or the private sewer system notwithstanding that they and their real estate agents make regular use of the right of way. What public good will the Town Council have accomplished if it drives the Powells out of their home and they are replaced by another new owner who has no personal attachment to Vistazo East Street and who is interested only in either speculative redevelopment or long term rental in hopes of property appreciation? We urge that the Town Council take a more nuanced view of the short term rental situation, that it ramp up its licensing requirements for all rentals, that it deal with the limited number of reported abuses by imposing monetary fines on the property owners who (or whose tenants) are engaged in anti- social conduct and by revoking their licenses to rent, and that it not, in response to some vocal editorializing by what we suspect is a small minority of Tiburon residents, impose overbroad prohibitions on an already overregulated citizenry with the counterproductive consequences adverted to above. Yours sincerely, Christopher S. and Judith R. Armstrong Peggy Curran DIGEST From: Bruce Powell <bruce@calou.com> Sent: Thursday, July 09, 2015 1:25 AM To: Peggy Curran; Scott Anderson; Dan Watrous; Kyra O'Malley; Councilmember O'Donnell; Councilmember Jim Fraser; Vice Mayor Erin Tollini; Mayor Frank Doyle; Councilmember Alice Fredericks Cc: Judy Armstrong; christopher Armstrong; pascale@calou.com Subject: short term rentals discussion July 8 Dear council and planning committee members, I wish to thank you for considering my input at this evening's planning meeting regarding the issue of short term rentals. I would like to provide my further 2 cents on some of the topics discussed, and I think you will find that I have below some important information that was not otherwise considered. 1. I would suggest that a "maximum occupancy limit" be imposed, and that this limit should be considered during the pen -nit application process based upon factors such as the size of the property (number of bedrooms), etc. For instance, we have always imposed a strict maximum occupancy of 5 persons for our 2 bedroom house (we have a 3 -bedroom house but keep one bedroom locked with our personal items in it when we are away). We also prohibit and will not rent for any of the following: weddings, parties, celebrations, ceremonies, meetings, conferences, or any commercial use. We also prohibit any persons entering the property other than previously approved and vetted guests. After all, this is our personal, private residence, and the last thing we want is a bunch of strangers having a party in our house!!! We also do not rent to any person in the local area (someone from the SF Bay Area), unless they have a very good explanation as to why they wish to use the house and for what purposes. I would fully support prohibitions against "weddings and parties" etc., but it might be more useful to simply enforce maximum occupancy rules. I also support the requirement that the property be the owner's personal residence. 2. I would suggest that a "Vacation Rental Owners' Association" could be formed by the owners themselves, so that vacation rental owners can educate each other and police each other, thus reducing the chance for problems, and so as to reduce the burden on Town officials for enforcement. In order for such an association to be successful, however, a prerequisite would be that the Town of Tiburon not be too aggressive and punitive of law-abiding property owners who just want to play by the rules. If the Town is excessively zealous in trying to constrain this activity, this will drive the activity underground and thus discourage owners from becoming part of such an Association. I might be willing to play a part in organizing an effort to bring about such an organization. Such an association can only thrive, however, if the owners do not feel threatened by the Town. 3. Much was made of the possibility of investors potentially buying Tiburon properties solely for the purpose of using them as income properties in the short term rental market. I can tell you that this is not a sustainable business model. For one, no lender would consider making a loan to someone for a house that is not that person's principal residence, for short term rental purposes, because lenders CAN NOT CONSIDER short term rent income in order to qualify for a loan. Also, the vacancy factor for short term rentals is very high (at least 50% and often higher), and so higher returns can be made with traditional long term rentals, and also the management and maintenance costs are several times higher. I would be very surprised to see any instance of an 1 "investor" purchasing a Tiburon house solely for the purpose of short term rentals, it doesn't make financial sense, and no bank will make the loan. So this is really a non -issue. NOT GONNA HAPPEN ANYWAY. 4. Regarding the minimum number of days that a rental period should entail, 7 days was proposed, but this really wouldn't accomplish anything. Most of my guests have stayed a week or more, but there are some people who would like to stay just 3 or 4 days, because that is all their schedule permits. The real losers will be Tiburon's local restaurants and shops, since these visitors typically eat out and spend lots of money in the Town, much more than "local" residents. The shorter the stay, the MORE likely they are to eat out and shop. The problem is NOT how long a guest stays, but rather the mind -set of the property owner. I would suggest the minimum of 3 days, which would eliminate most "weekend" rentals, without having an adverse effect on local businesses. 5. A few have suggested a 30 -day minimum. However any 30 -day rental agreement automatically puts the rental into an entirely different legal status: that of a month-to-month rental, and the "guest" instead becomes a "tenant" with all the legal protections against eviction, etc. that this entails. And the owner loses possession rights. Imagine renting your house out to a guest for 31 days, and when that person refuses to leave, you have to file a 3 Day Notice to Quit and begin Eviction proceedings! No one in their right mind would do that. Besides, most homeowners can't or don't want to be away from their home for a whole month. Keep in mind, these houses are being rented solely when their owners are on vacation or traveling somewhere else. How many Tiburon homeowners do you think regularly take a vacation for more than 30 days? 6. Regarding placing a maximum limit on the number of days per year to be rented, let me use our example. Some years, we have been traveling 3 months out of a year. Some years, we have been out of the country 8 or 9 months out of the year. This last year, we were in Mexico the last 8 months, with the exception of 3 weeks in March. It's silly to put a maximum, since every person's circumstances are different. Furthermore, the Town would lose TOT revenue for any rental period exceeding 30 days. I realize the Town's TOT revenue has been small for now, but if the Town would stop discouraging owners, and instead reach out to them, the Town would find they have a much higher percentage of legally permitted, tax -paying owners. 7. It was suggested that the fee to obtain a permit should be higher. I submit that this would discourage permit applications and would be entirely counterproductive. By taking such an action, the Town would have even fewer permit applications, less influence over the law abiding owners, and less TOT revenue. I suggest the Town should take the opposite tack, keep the current permit fee in place or eliminate it, and make it clear to property owners that the Town welcomes permit applications, offer a streamlined permit application process, and work together property owners to educate them regarding what it takes to be a good neighbor and successful short term host. This will maximize the Town's influence and control, as well as TOT revenue. 8. A lot of restrictions have been suggested to try to solve problems that don't exist. Minimum number of days. Maximum days. For most of us who are responsible homeowners and neighbors, none of these restrictions solve anything. What is needed is to first of all, streamline the permit process and lay out the welcome mat so that the greatest numbers of property owners as possible can be brought, from underground, into legal status. Then secondly, make it clear that annual renewal of each property owner's permit can be revoked, or suspended, if sufficient complaints from the neighborhood are received. 9. We have a house at Tahoe Donner, in the Town of Truckee, which we also occupy from time to time, and which we also offer as a short term rental when it is not being otherwise utilized. I would recommend Tiburon emulate Truckee's very successful and welcoming short term rental policies, which work well for the Town, have not harmed or degraded the exclusive and quiet nature of Tahoe Donner's neighborhoods or the quiet enjoyment of its residents, and provides a stable and significant additional tax base for that town. To the contrary, Tnickee's restaurant, shopping and tourism business would not exist were it not for the area's significant number of short term rentals. 2 10. I wish to emphasize finally, that, the vacation rental market is in part a response to the extreme shortage of hotel accommodations in the Tiburon area, that vacation rental guests spend a disproportionately large amount of money at local shops and restaurants, and help the local business economy thrive. (Have you tried to book a room at the Tiburon Lodge lately? No vacancy). When properly and responsibly managed, the vacation rentals help local residents to utilize an untapped resource, that is, temporarily vacant and underutilized housing, making it possible for families, which are poorly served by traditional hotels, to get to know our community. Our guests typically eat out at Tiburon restaurants two or three times a day, shop at local stores, buy gifts and souvenirs, and very often end up shopping for real estate. All of this benefits the Tiburon community. sincerely Bruce Powell PS: I have been renting since 2009, that is, 6 years, without a single complaint. 3 A-1 PLANNING COMMISSION MINUTES MINUTES NO. 1055 Regular Meeting May 13, 2015 Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Vice Chair Kulik called the meeting to order at 7:30 p.m. Present: Vice Chair Kulik and Commissioners Corcoran, Weller and Williams Absent: Chair Weiner Staff Present: Director of Community Development Anderson and Planning Manager Dan Watrous ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: None Vice Chair Kulik stated that the Commission wished to move up Item 2 on the agenda. PUBLIC HEARINGS 2. 172 Avenida Miraflores: Request to amend the Miraflores Precise Plan (PD #21) to expand the existing building envelope; File #PDPA2015001; Charles and Vicki Strotz, Owners/Applicants; Assessor's Parcel No. 039-261-12 Planning Manager Watrous gave the staff report, stating this is a request to amend the Miraflores Precise Plan for the property at 172 Avenida Miraflores to expand the existing building envelope on the site in order to accommodate some existing improvements that are outside the building envelope and to construct a future spa, deck and building expansions within the expanded envelope. He described the improvements on the site and stated that staff found the project to be consistent with the Miraflores Precise Plan and General Plan. He recommended that the Commission hold a public hearing on this item, consider and hear all testimony and if the Commission concludes it is consistent with the Precise Plan, adopt the draft resolution recommending conditional approval of the amendment to the Town Council. Charles Strotz, applicant/owner, said that he was available to answer questions. He said the overall size of the proposed expansion envelope would be generally consistent with other building envelopes in the Miraflores Subdivision and retain the open, visual appearance of the site. He said that any future improvements within the expanded building envelope would not TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 1 create view or privacy impacts for neighboring properties and would be consistent with the open views which characterize the surrounding neighborhood. Commissioner Williams asked if future development of a spa and deck would be to the south of the house. Mr. Strotz said that their current thought was to place the spa to the right of the house and the decks and other improvements would occur in the southwest corner of the lot. Vice Chair Kulik asked Mr. Strotz for a more detailed description of future development on the site. Mr. Strotz said that they plan to construct a small bathroom extension and revise the decks in the southwest corner of the property. He said there is significant space on that side of the house as Miraflores Lane provides an ample buffer to the property owner on the other side of the lane. The public hearing was opened. There were no public speakers and the public hearing was closed. Commissioner Williams said that she could find that the proposed project was consistent with the land use element of the General Plan, specifically Policy LU -13, in that it would not impact the neighborhood character, and was also consistent with the Miraflores Precise Plan, and she supported approval of the amendment. Commissioner Corcoran echoed Commissioner Williams' comments. He said that this did not seem to be a controversial expansion and was relatively minor in nature in light of the physical features of the surrounding area. He said that the project would not have a dramatic impact on the surrounding properties and was consistent with the General Plan. Commissioner Weller concurred. Vice Chair Kulik concurred, said he knows there is some precedence for amendments like this, as the Commission recently considered a request for a pool house nearby on Miraflores Lane. He said that there is roughly 40 years of mature foliage that blocks the entire area from public view, so he thought that any privacy or public view concerns would be mitigated. ACTION: It was M/S (Corcoran/Weller) to adopt the resolution making a recommendation to the City Council that the proposed building envelope expansion is consistent with the intent of the Miraflores Precise Plan. Motion carried 4-0. 1. 1694-1696 Tiburon Boulevard: Consider approval of a Conditional Use Permit and adoption of a mitigated negative declaration for construction of a new 6,585 square foot, three-story mixed use commercial and residential building intended for condominium - type ownership; File #11402; ACV Argo Tiburon LP, Owner; Zwick Architects, Applicant; Assessor's Parcel No. 059-101-12 (Continued from March 25 and April 22, 2015) Mr. Watrous presented the staff report. He stated that this application to was first reviewed at the March 25, 2015 Planning Commission meeting. At that meeting, several residents and the TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 2 tenants and attorney for the adjacent commercial building at 1690 Tiburon Boulevard raised objections to the project design, including concerns about the proposed building height, impacts on sunlight for the neighboring building and parking. The Commission shared some of these concerns and directed the applicant to return with a redesigned project that lowered the height of the building, allowed more light into the windows next door, and a more detailed explanation of how parking would be provided for this project. Mr. Watrous stated that revised plans had been received which removed the third residential unit and reduced the size of the third story to a partial story above one of the two units remaining on the second floor. The ground floor restaurant and/or retail space remained unchanged from the previous revision and a light well of 261/2 feet wide was provided on the second story, pulled back from the side facing 1690 Tiburon Boulevard. He described the parking analysis, stating that the applicant indicated that the parking required for the residential units would be designated in the Beach Road parking lot and restricted by a covenant. The project description correctly indicates that the parking space equivalents for the existing uses in the building are essentially "grandfathered" in, as the Town recognizes that the parking requirements for most downtown property owners are satisfied by the continuing availability to the public of several parking lots in the downtown area. Mr. Watrous stated that staff believes that the project is generally responsive given the direction of the Commission at the last meeting as the size of the third story was reduced in size by 70% and the light well provides some additional indirect sunlight into the south -facing windows of the upper level, although it was uncertain whether the effects of the light well could be enhanced if the third story was moved further away or eliminated. He recommended that the Commission hold the public hearing on this item, hear and consider all testimony, deliberate on the application, and if the Commission feels they wish to approve the project as proposed a draft resolution has been prepared for approval. Commissioner Williams asked for clarification regarding parking issues related to the project. Director of Community Development Anderson said that the parking requirement for this building was really the differential between what is already there and what is proposed. What would change is the proposed residential units, which, if condominiumized, would require 4 parking spaces that currently are not part of the use. The commercial and restaurant uses are already there and the parking for all Argo properties are either on-site for some of their buildings or they are in the Beach Road parking lot or in the Tiburon Boulevard parking lot, and the Town recognizes them as being adequate. Commissioner Williams asked if the 38 foot height limit outlined in the Municipal Code Section 16-22.040 and also on the General Plan policy DT -28 was arrived at following a public review of what is appropriate for that downtown area. Mr. Watrous confirmed this and said that the zoning ordinance was amended in 2010 to increase the maximum height downtown to try to accommodate a mix of two and three-story buildings in downtown. Commissioner Williams asked if the principles in the Downtown Design Handbook were also adopted by the Town Council after public meetings were held. Mr. Watrous said yes, this was adopted after public hearings held by the Town Council and Planning Commission. TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 3 Commissioner Williams asked about findings that the Commission must make for the proposed intensity transfer. Mr. Watrous confirmed that this was within the Commission's discretion. Commissioner Williams asked about the proposed mitigation measure requiring the applicants to contribute financially to improve pedestrian and bicycle congestion points at that intersection. Mr. Watrous said that staff would be asking for a financial contribution that would assist in a future project that the Town would design and carry out for that particular intersection. Commissioner Williams lastly referred to construction traffic and construction -related parking and asked if the project would be subject to a construction management plan later in time. Mr. Watrous said that a plan can be considered in some fashion by the Design Review Board but it was usually implemented through the building permit process. Vice Chair Kulik asked to clarify that the Commission was looking at a CUP but also design elements of it and the DRB's role versus the Planning Commission's authority. Mr. Watrous stated the Commission is essentially looking at the future use of the project and can generally review the overall parameters of what a project will entail in terms of size and general configuration, but can also include specific design aspects that can be important to the Commission, such as the light well. He said that ultimately the DRB will review plans for compliance with other design review standards and also for compliance with the Planning Commission's direction for this particular project. Vice Chair Kulik asked for elaboration on the specific tasks of the Commission tonight. Mr. Watrous said that the Commission was looking at approval of the CUP in conformance with the Zoning Ordinance requirements, the transfer of development intensity for consistency with the General Plan, and the CEQA approval for the Mitigated Negative Declaration (MND). Marty Zwick, Zwick Architects, introduced Steve Jaeger from ACV Argo Tiburon and said that they were present to answer questions. Mr. Zwick noted how the ground floor could be divisible into a restaurant or retail to allow for flexibility. He said that the ground floor would be much the same as present. He stated that the third story was reduced in size by 72% and the overall project size was reduced by 23%. He said that they intentionally set back the front facade of the building from the property line, which was done for good planning and streetscape principles, although that meant that they gave up 500 square feet before coming to the Commission, which would be multiplied by three because the building is three stories. Mr. Zwick reviewed the revised plans, stating that the original plan came out to the edge of the building and would now be set back and only be accessible to the third level from within the unit in the back on the second floor. He said that the project would now have only two units and the revised design would change the massing of the building when viewed from across the street. He described a sunlight and shadow study they performed which showed minimal effects on the adjacent building at various times of the year and the effects of the proposed light well. He said that the second floor light well would be 26 feet wide and 6 feet deep and situated in front of most of the windows that are facing that direction. He said that they also sloped the roof over the stairs and made significant changes in accordance with the suggestions of the Planning Commission to try and accommodate their neighbors to the immediate property. TIBURON PLANNING COMMISSION MINUTES - MAX 13, 2015 - MINUTES NO. 1054 PAGE 4 Commissioner Williams asked Mr. Zwick to address the question raised about the necessity of the elevator height raised in the staff report. Mr. Zwick said that they designed a little corral for rooftop equipment, including the elevator, and put a parapet around it to make it look less like a hodgepodge. Commissioner Corcoran asked if expanding the light well further would affect the stairways or hallway. Mr. Zwick replied that the stairs are as small as he could make them. Vice Chair Kulik opened the public hearing. Chris Skelton, attorney for Jim and Pam Montegani, owners of 1690 Tiburon Boulevard, said that this review process was being piecemealed and he thought that there would be a great benefit if the next hearing was held as a joint DRB and Planning Commission hearing for a more holistic view of the project. He said that his fear was that the Design Review Board would feel that its hands were tied by the Planning Commission's approval. He asked that story poles be strung and a light shade study be provided to the public for any future hearings. He stated that he personally found the revised plans to be a bit offensive and unresponsive to the Commission's or the public comments. He thought that the Commission made it clear at the last meeting that there should be no third story and he felt that this should not be considered to be a partial third story because it goes up to 38 feet. He said that there are very few three story 38 -foot tall structures on Tiburon Boulevard and none of the examples have adjacent neighbors built to the property line. He said that this is the hardest site in town and was admitted as such at the last hearing. Mr. Skelton asked to reset the parking baseline and said that if this building is demolished, nothing is grandfathered and future uses must comply with parking standards. He said that parking can be broken into two components—demand and accessibility. He said that there will be a demand for 24 to 27 spaces depending on the configuration. Regarding availability, he said that it was disappointing to hear that the applicant never approached the neighbor who has parking at their site to even conceptually discuss an opportunity for shared parking. He said that there should be an evaluation of the Beach Road parking lot's capacity to provide the needed 27 spaces. He said that if the Town keeps allowing parking to exist in a vacuum and not actually document where it is going, there will eventually be parking for no one. Mr. Skelton said that he did not believe that the light issues had been adequately addressed and that the third story would be in line with the light well. He felt that the light well was a valiant attempt but more can be done. He felt that the transfer of development intensity was inappropriate and noted that there had been one such transfer in the Town's history. He suggested that the maximum size that should be allowed should be 4,300 square feet, which would have the same development potential that was given to 22 Main Street. He asked that the Commission look at the encroachments that are proposed to take over the Juanita Lane walkway. Cathleen Kudosh said that she and her husband Robert have operated their business (Tiburon Belvedere Interiors) for the past 30 to 35 years and are located in the Montegani building at 1690 Tiburon Boulevard, directly next to the project site. She characterized the project design as aggressive and overly bold and said that the building would entirely block the view of many other tenants who have been there for many years. She stated that the Montegani family has been TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 5 a part of Tiburon's history and continue to treat their tenants like family and support their town. She found it disturbing that their family building would be pushed aside so quickly by a building that would blocks all second floor tenants' views like putting up a wall in front of their living room window. She thought that there must be a better way and found it perplexing that the architect had not taken the time to walk upstairs at 1690 Tiburon Boulevard to see the views of Angel Island, downtown, the Donahue Building, bay and the fountain from the balconies. She said that the parking problem would only worsen with possible condos and offices and she did not believe that condo tenants would park blocks away or take a shuttle, or even park across the street. She proposed that the applicant limit their design to one floor and not to exceed the height of the floor of the balcony at 1690 Tiburon Boulevard to respect the integrity of the Montegani Building and its tenants. Suzanne Himmel Wright said she has lived in the area since the 1950's and has seen many changes. She said that she did not want to lose the New Morning Cafe and she asked the Commission to assure residents that the cafe will stay and encourage the developers to keep it. She said that she collected nearly 1,000 petition signatures from people all over the Bay Area to encourage the cafe to remain. Sally Osmond echoed Ms. Wright's comments about the New Morning Cafe. She said that she understood that the Planning Commission does not have authority when it comes to negotiating leases, but she felt that the restaurant is such a treasured part of the community and it would create a lot of good will if it stayed. Vicky Nichols echoed the previous speakers' comments and said that while the Commission does not have a right to negotiate leases, it can make recommendations. She said that this business has been here for 43 years and not only local residents come but she comes from Sausalito to come to the restaurant. She said that the restaurant is an asset in town, provides tax revenues, and she hoped that a fair rent for this tenant would be considered. Robert Thomas Castle recalled previous businesses in downtown Tiburon, including a department store and a laundry business, which left Tiburon. He said that he and his wife ate at frequents all of the Tiburon restaurants and that he spent many years living in San Francisco and has watched the death of many businesses. Mr. Zwick said that they have made an honest effort to bring more light and air in to the neighboring building at the direction of the Planning Commission. Commissioner Williams asked Mr. Zwick how the shade study was prepared. Mr. Zwick said that June 21St is the longest day of the year when the sun is highest in the sky, so they took three different views at 9:00 a.m., noon and 3:00 p.m. to give an idea of where shadows would be cast from the various aspects of the building. He clarified that that this was done with a computer model. Commissioner Williams asked if they went to the site and tested the model, and Mr. Zwick said yes they did and had a surveyor go out to certify the story poles as accurate. He said that they then took photographs and overlaid their model on the story poles to ensure they were accurate. TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 6 The public hearing was closed. Commissioner Corcoran referred to the grandfathering issue regarding parking and asked if there was a provision in the zoning code that spells this out. Mr. Watrous said that it is not spelled out explicitly in the zoning ordinance, but the concept is that the Town has general information on how parking is provided for individual buildings in downtown Tiburon. He said that when creating the new building, the applicants do not have to reestablish that allocation. He stated that parking in downtown Tiburon is very complicated as many of the buildings do not have their own parking. Commissioner Corcoran asked if the parking allocation would be formalized in some sort of restrictive covenant. Mr. Anderson said a condition of approval of the draft resolution calls for a covenant. Commissioner Williams asked for clarification on development potential as part of the intensity transfer process. Mr. Anderson said that the Town has a very good idea of what the remaining development potential is in downtown and it is not much. He described the development potential on property owned by Mrs. Zelinsky. He said that the Argo ownership owns even more parcels in the downtown with a total of about 10,000 square feet of space that could be transferred, of which 3,000 is requested to be transferred for this project. He said that the limited development potential left in the downtown is one of the reasons why future parking does not concern the Town much, as the relative success of businesses will have much more effect on parking than a few thousand square feet of additional space, especially residential space. Mr. Anderson said that the point of the transfer of intensity principle in the downtown, which dates back to the 197O's, was that it is more desirable to have more density or intensity in certain locations than others. He said that the transfer of intensity concept came has been in place for about 40 years and has not been used very much, and only recently for the Harbor Light building. He said that the most likely candidate for the remaining intensity would be the Shark's Deli site which is under -developed. Commissioner Weller commended the applicants for making a serious effort to respond to the Commission's comments from the last meeting. He said that he sympathized with the tenants of the adjoining building, but he did not believe that what he considers as borrowed views from the second story of that building deserve protection into the future when this site could be developed for a two-story building. He said that he was not in a position to conclude that the site has to remain one story because the two-story building was built first that has windows. He said that the issue was still the third story and although he appreciated the effort to set it back and make it less massive he still had fundamental planning concerns with creating the first 3 -story building on the entire row of Tiburon Boulevard at this location. He did not think that this would be consistent with the character of this portion of downtown Tiburon. He appreciated the lighting studies and it did not appear to him that the third story would create a significant additional light impact over the second story, but the issue was the character of the area. He said that he appreciated the difficulty of going from three stories to two and what would happen if the third story was eliminated, but he was unable to find the three-story design to be consistent with the character of the area. TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 7 Commissioner Weller said that he was reconciled to the parking issue because there is no parking on that site and parking will be supplied elsewhere as it always has been. He commended the restaurant use and said that he wants the New Morning Cafe to stay, but he recognized that this issue is not in the Commission's purview, as the Town cannot dictate to the owner of a property who they are willing to rent to or what the rent will be. He hoped that the owners heard what the community wants. He said that the issue was still the third story element, as he had not been persuaded that a third story is an appropriate use of that property in that location. Commissioner Williams said that she was very impressed by the modifications and while she was not present at the last meeting, she read the minutes and carefully studied the materials and felt that they addressed a lot of the concerns. She said that she respectfully challenged Commissioner Weller's conclusion that a third floor is not warranted. She noted that the Downtown Element of the General Plan and the Downtown Tiburon Design Handbook encourage a mixture of two and three story buildings along Tiburon Boulevard and to encourage buildings that are new and larger in scale than those on Main Street, She said that the reasons for this are to encourage and promote engagement in the community and pedestrian -friendly and resident -friendly amenities to kind of create a boulevard feeling there. She thought that it was fortunate to have a restaurant proposal with residential space as opposed to offices on the top floor and something else on the bottom level. She said that realistically the triangular space is so limited that just a second floor would not be viable. She said that the trend she sees in development in the area encourages mixed use and a mix of structures. She liked that this design was not just a two-story box, adding that the asymmetry can be very appealing and provide a community with visually distinctive features. Commissioner Williams said that she is very mindful of neighbors, but it is hard to make decisions based on an existing building that might not be there in 20 years or so. She felt that some real effort had been made to address the light issues and she does not believe that a two- story building would improve the lighting situation at all. She said that as a Commissioner, they look to the General Plan, ordinances, the Design Handbook and documents that have been created over time with public input, as these represent the community's feeling, so these views and careful review. Commissioner Corcoran commended the applicant, architect and neighbors and thought that everyone was coming together and interested in doing what is best for the community. He said that this is an important location and they want to modify, update and preserve it for future generations. He said that what is state of the art design today will not be in the future and other properties that were state of the art will want to improve and possibly go up in the future. He did not want to see a race to the bottom where the Town requires everybody to stay at one story or at a lower height to match what exists. He thought that the design was beautiful and felt that the applicants did a good job of modifying the design. He acknowledged how much the applicant gave back by lopping off 70% of the third story which, from an economic standpoint, is very significant to an applicant. TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 8 Commissioner Corcoran thought that this design was about as modest a third story as possible. He said that the building would be centered on the lot, set back far from Tiburon Boulevard and about as far as possible from 1690 Tiburon Boulevard. He agreed with Commissioner Williams that the General Plan encourages a mix of two and three story buildings. He noted that pictures were presented at the last meeting of different three-story buildings around town. He felt that this was a reasonable proposal. He liked the addition of the light well, although its design was not absolutely ideal, as pushing it back another 6 feet could help. He said that he could support the project as proposed. He noted that the Planning Commission does not have a role in saying what a private property owner can do, but everybody loves New Morning Cafe and hopes that it will be back. Vice Chair Kulik said that this is a tricky and a complicated redevelopment project. He said that all of the guidance they have from the General Plan, downtown design handbook and zoning ordinance encourages multi -use commercial and residential projects, but the location is the key. He said that the Commission is tasked with evaluating the scale and impact on the local environment. He was worried that the third story would dominate Fountain Plaza in a way that makes it the focal point of town. He said that looking at the story poles from the anchor on the rotary and at Fountain Plaza, the poles dominate the view when looking from the water to Mt. Tam to Tiburon along Tiburon Boulevard. He said that a development transfer is a significant accommodation to allow these uses and allow more than just a one-story rebuild of the current building. He said that there would only be one beneficiary of a third story, but it would also have adverse impacts. Commissioner Weller said that Vice Chair Kulik articulated better than he did the concern about the third story. He said that this would be as modest a third story as possible but it still troubled him. He said that this building would become a dominant factor and he was not ready to conclude at this point in time that it ought to be the first of a series of three story structures. He thought that what is wonderful about this town is that it is a town and not a city or urban environment. He did not think that this particular location is the place to put a three-story building and there may be other more isolated places where a third story would not have as dramatic an impact on its surroundings. Vice Chair Kulik asked if there was a solution that would be possible for a two-story building with the restaurant use and two condominiums on the second floor. Steve Yeager, Argo LLP, said that it is very challenging to get into a dialogue when the project becomes economical unviable. He appreciated Commissioner Corcoran acknowledging that they have given away what was contemplated as a penthouse or third unit was more than significant. He said that they want to do the right thing here and have spent considerable time, energy and resources to put together a project they think will enhance the town. He said that there are many things in transition here and it speaks to vacancies that exist, challenging uses and small businesses that have a hard time making it work. He said that they need to create energy in the downtown core and it only comes through not turning it into a city but still turning it into some type of hybrid community and environment where people are brought into the downtown area, creating some energy and support for the businesses that are here. TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 9 Mr. Yeager said that they cannot economically do what the Commission is asking them to do to limit this to two stories. He said that this comes down to viability and they do not want to put more second floor office space in town. He said that what is needed is people to live here. He thought that the Commission could help the community by bringing people into the downtown core to support the businesses and create vibrancy. He believed that over time the Town will see more and more that the two-story wood framed buildings that line Tiburon Boulevard are the way of the past. He said that they cannot economically build a two-story building on what is already a challenging site and need enough square footage to make it viable to actually bring two units that will be marketable. Commissioner Williams stated that the Downtown Element encourages a mixture of second and third story buildings and her sense was that this would be consistent with the mixture of heights when entering town, but could be inconsistent from the downtown vantage point described by Vice Chair Kulik. She said that was open to be persuaded and 10 years from now did not want to regret some horrible structure that was allowed to go in. Commissioner Corcoran referred to General Plan Policy DT -28 and stated that the Planning Commission gets to uphold a document that has been around for 10 years even if it is unpopular sometimes. He said that the policy states that a mix of two and three story buildings is encouraged for new construction. He said that this is an unusual occurrence to have a building in the downtown be reconstructed like this, with only three in 15 years. Commissioner Williams asked the neighboring property owner if their idea is to have a two-story structure. Mr. Skelton said that the 4,300 square foot number came from looking at the percentage that was associated with the development transfer at 22 Main Street. He said that the Commission is duty bound and this would set a precedent. He suggested if a second floor were to be added it could be pulled away from the property line to create a larger light well. Commissioner Williams said that she generally supported the project but felt like she did not have adequate information needed to make the findings to approve the CUP because of potential injury to the neighboring property from light impacts. Commissioner Corcoran said that the shade study shows that the third story did not make that much of a difference in terms of light impact and he felt that shade during some months of the year at some times of the day would not really be considered as injury to property. He noted that the finding states "the protection of the public interest, safety of the community or welfare of the town," which is intended to look at this globally and protect the public interest and safety. Vice Chair Kulik commented that CUP finding 3 discusses the "probability of impairment to the architectural integrity and character of the zoning district in which it is to be located." He felt that the three-story design of the building poses policy questions as to consistency with the character of its surroundings. Commissioner Corcoran asked if the Commission questioned the distance from the site to Fountain Plaza and said that it appears to him that Waypoint Pizza is closer to the Fountain Plaza than this third story would be. Vice Chair Kulik said that the distance is about the same, but this TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 10 would be the first three-story building on this row of buildings and Main Street has different zoning, architecture and function than Tiburon Boulevard. Commissioner Corcoran asked if there is any guidance in the Downtown Tiburon Handbook regarding third story massing on Tiburon Boulevard versus on Main Street. Mr. Watrous said that there are different guidelines for Tiburon Boulevard versus Main Street versus Ark Row. Commissioner Williams added that the Handbook states that Tiburon Boulevard buildings should be of a scale that is larger than that of Main Street. Commissioner Corcoran noted that Policy DT -6 is to preserve and enhance the unique character of downtown Tiburon and that downtown buildings may be rebuilt or reconstructed to the same FAR that exists provided that the resulting buildings substantially conform to the guidelines of the Downtown Tiburon Design Handbook. Mr. Anderson stated the Commission also needs to take into account the relative size of most of the properties along Tiburon Boulevard which are much larger than the properties along Main Street. He said that this property is very close to Main Street and much more similar to the types of sizes of parcels one would find on Main Street than Tiburon Boulevard where lots are many times larger than this. He said that the Handbook can provide good assistance but the Commission must also look at the individual parcel being reviewed. Commissioner Williams stated that while she thinks this is a beautiful design and this would potentially be a missed opportunity for a better project on this site. She concluded that a three- story building at this particular location would not be compatible with other buildings in the area. She was sad because from an economic standpoint for the Town she thought that this was a great idea and she hoped that the applicants would return with a two-story design that is appropriate. Mr. Watrous said that as an alternative, staff prepared a modified draft resolution that would approve a two-story building. He outlined potential changes that could be made to the draft resolution. Mr. Zwick asked the Commission to provide some latitude in the project design and not be locked in to the limitations in the conditions of approval described by Mr. Watrous. Commissioner Weller said that the Commission was in agreement that the applicants have made a constructive attempt to respond to the Commission's comments at the last meeting and despite the Commission's reluctance to approve a third story, there was also agreement that this building is falling down and needed to be replaced. He said that the Commission would also like the New Morning Cafe to stay there if possible and the restaurant will not stay if there is not a new building. He encouraged the Commission to continue the matter and provide the applicants with a charge to return with a two-story solution. Commissioner Corcoran suggested giving additional direction to the applicants, including the question about what would happen with the light well with a two-story design. Vice Chair Kulik asked if Commissioners supported the light well that currently exists. Commissioner Corcoran thought that the applicants would want to remove it if they lose the third TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 11 story to make it economically viable. Commissioner Weller said light is a concern and any proposal needs to address that concern. Commissioner Williams agreed that the lighting is an on- going issue and something that needs to be addressed but she would not want to pose further constraints or guidelines because she does not feel informed or has the expertise to redesign the building. Commissioner Weller thought that it is the applicants' job to decide how to respond to that concern and then the Commission will decide whether they are satisfied with the way the applicant returns with it. Commissioner Weller suggested that the meeting be continued, that the applicant be requested to re -design the project with a two-story building with no third story and a design that adequately addresses the provision of light to the east facing windows on 1690 Tiburon Boulevard. He said that the Commission was not asking for more information on the parking situation. Mr. Watrous suggested continuance to June 24, 2015. He said drawings would need to be submitted to staff 10 days prior to that or June 11, 2015. Mr. Zwick concurred. Commissioner Williams asked that the applicant add bike racks in the plans which are required but did not show up in the plans. ACTION: It was M/S (Weller/Williams) to continue the matter to June 24, 2015, that the applicant be requested to return with a two-story building design with no third story that adequately addresses the provision of light to the east -facing windows of 1690 Tiburon Boulevard. Motion carried 3-1 (Corcoran opposed). ACTION ITEM 3. Review of Draft Capital Improvement Program (CIP) Budget for Fiscal Year 2015-2016 for Consistency with the Tiburon General Plan Mr. Anderson said that this was the annual review of the Draft CIP Budget for its consistency with the Tiburon General Plan. He described the components to the CIP budget and said that staff has provided the Commission with comparisons for the proposed spending as compared to last year and also a general description of the types of improvements that would be proposed for the streets, which is primarily maintaining, repairing and rehabilitating existing streets. He said that no new streets are planned and the Town intends to increase the amount significantly for improvements to major drainage lines. Mr. Anderson stated that there are no General Plan inconsistency issues related to any of the street or drainage projects. He said that staff provided the Commission with a list and brief description of each of the new Tiburon projects proposed for this coming fiscal year with a couple of carry-over projects which the Commission previously looked at and found consistent with the General Plan. He also provided drawings of the Blackie's Pasture improvements that are still in the conceptual stage. He recommended that the Commission find that the CIP Budget is consistent with the goals, policies and programs of the Tiburon General Plan, review the budget and adopt a motion finding the Draft CIP consistent with the General Plan to be forwarded to the Town Council. TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 12 Vice Chair Kulik asked if the drainage improvements included the Beach Road/Tiburon Boulevard intersection that is such a recurring problem. Mr. Anderson said that it does not, noting that this is an incredibly expensive project to fix if it is indeed fixable. Vice Chair Kulik opened the public comment period, and there were no speakers. ACTION: It was M/S (Williams/Corcoran) to find that the draft CIP budget for Fiscal Year 2015-2016 is consistent with the goals and policies of the Tiburon General Plan. Motion carried 4-0. MINUTES 1. Planning Commission Minutes — Regular Meeting of April 22, 2015 ACTION: It was M/S (Corcoran/Weller) to approve the minutes of the April 22, 2015, as submitted. Motion carried: 4-0. ADJOURNMENT The Planning Commission adjourned the meeting at 9:40 p.m. ATTEST: J D IEL M. WATROUS, SECRETARY ez DAVID KULIK, VICE -CHAIR Tiburon Planning Commission TIBURON PLANNING COMMISSION MINUTES - MAY 13, 2015 - MINUTES NO. 1054 PAGE 13 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Agenda - Regular Meeting Tiburon Planning Commission July 8, 2015 — 7:30 PM AGENDA TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL Chair Welner, Vice Chair Kulik, Commissioners Corcoran, Weller, and Williams ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports/Director's Report ELECTION OF CHAIR AND VICE CHAIR OLD BUSINESS 1. 1694-1696 Tiburon Boulevard: Consider Approval of a Conditional Use Permit and Adoption of a Mitigated Negative Declaration for Construction of a New 6,585 Square Foot, Three - Story Mixed Use Commercial and Residential Building Intended for Condominium -type Ownership; File #11402; ACV Argo Tiburon LP, Owner; Zwick Architects, Applicant; Assessor's Parcel No. 059-101-12 [DW] CONTINUED TO JULY 22, 2015 PUBLIC HEARINGS 2. 1550 Tiburon Boulevard, Suite A; Request for a Conditional Use Permit to Allow On-site Wine Tasting in a Building Occupied by a Grocery Store (Woodlands Market); File #CUP2015001; Belvedere Land Company, Owner; Woodlands Market, Applicant; Assessor's Parcel No. 060-082-57 [KO] 3. 25 Gilmartin Drive: Request to Amend the Tiburon Shores Precise Plan (PD #28) to Expand the Primary Building Envelope for Lot 3; File #PDPA2015002; Darol and Tara Ryan, Owners/Applicants; Assessor's Parcel No. 055-253-30 [KO] Tiburon Planning Commission Agenda July 8, 2015 Page 1 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Agenda - Regular Meeting Tiburon Planning Commission July 8, 2015 — 7:30 PM 4. Zoning Ordinance Text Amendments (File MCA 2015-07): Consider Recommendation to Town Council to Adopt Amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code Regarding Prohibition of Seasonal Rental Units; Town -initiated Amendments [DW] 5. Zoning Ordinance Text Amendments (File MCA 2015-08): Consider Recommendation to Town Council to Adopt Amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code to Modify Provisions Regarding Interpretation of Zone Boundaries Vis -a -Vis Public Streets and Highways; Clarify the Separation of Fences for Purposes of Height Measurement; and Modify Certain Provisions with Respect to Processing of Permits for Wireless Communication Facilities; File MCA 2015-08; Town -initiated Amendments [SA] MINUTES 6. Planning Commission Minutes — Regular Meeting of May 13, 2015 ADJOURNMENT Tiburon Planning Commission Agenda July 8, 2015 Page 2 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting Tiburon Planning Commission July 8, 2015 — 7:30 PM ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL At 7:35 PM Present: Vice Chair Kulik, Commissioner Corcoran, Commissioner Weller, Commissioner Williams Absent: Chair Weiner ORAL COMMUNICATIONS There were none Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports/Director's Report ELECTION OF CHAIR AND VICE CHAIR Vice Chair Kulik elected Chair; Commissioner Williams elected Vice Chair OLD BUSINESS 1. 1694-1696 Tiburon Boulevard: Consider Approval of a Conditional Use Permit and Adoption of a Mitigated Negative Declaration for Construction of a New 6,585 Square Foot, Three - Story Mixed Use Commercial and Residential Building Intended for Condominium -type Ownership; File #11402; ACV Argo Tiburon LP, Owner; Zwick Architects, Applicant; Assessor's Parcel No. 059-101-12 [DW] CONTINUED TO JULY 22, 2015 PUBLIC HEARINGS 2. 1550 Tiburon Boulevard, Suite A; Request for a Conditional Use Permit to Allow On-site Wine Tasting in a Building Occupied by a Grocery Store (Woodlands Market); File #CUP2015001; Belvedere Land Company, Owner; Woodlands Market, Applicant; Assessor's Parcel No. 060-082-57 [KO] Approved 4-0 Tiburon Planning Commission Agenda July 8, 2015 Page 1 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting Tiburon Planning Commission July 8, 2015 — 7:30 PM 3. 25 Gilmartin Drive: Request to Amend the Tiburon Shores Precise Plan (PD #28) to Expand the Primary Building Envelope for Lot 3; File #PDPA2015002; Darol and Tara Ryan, Owners/Applicants; Assessor's Parcel No. 055-253-30 [KO] Recommended Approval to Town Council 4-0 4. Zoning Ordinance Text Amendments (File MCA 2015-07): Consider Recommendation to Town Council to Adopt Amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code Regarding Prohibition of Seasonal Rental Units; Town -initiated Amendments [DW] Recommended Against Ban and in Favor of Additional Commission Work with Existing Regulation Amendments (3-1) (Kulik dissenting) 5. Zoning Ordinance Text Amendments (File MCA 2015-08): Consider Recommendation to Town Council to Adopt Amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code to Modify Provisions Regarding Interpretation of Zone Boundaries Vis -a -Vis Public Streets and Highways; Clarify the Separation of Fences for Purposes of Height Measurement; and Modify Certain Provisions with Respect to Processing of Permits for Wireless Communication Facilities; File MCA 2015-08; Town -initiated Amendments [SA] Recommended Approval to Town Council 4-0 MINUTES 6. Planning Commission Minutes — Regular Meeting of May 13, 2015 Adopted 4-0 ADJOURNMENT At 9:15 PM Tiburon Planning Commission Agenda July 8, 2015 Page 2 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON DESIGN REVIEW BOARD Regular Meeting Design Review Board July 16, 2015 7:00 P.M. CALL TO ORDER AND ROLL CALL Chair Tollini, Vice Chair Kricensky, Boardmembers Chong, Cousins and Emberson ORAL COMMUNICATIONS Persons wishing to address the Design Review Board on any subject not on the agenda may do so under this portion of the agenda. Please note that the Design Review Board is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please limit your comments to no more than three (3) minutes. Any communications regarding an item not on the agenda will not be considered part of the administrative record for that item. STAFF BRIEFING (if any) PUBLIC HEARINGS AND NEW BUSINESS 1. 8 EGRET COURT: File No. DR2015065; Daniel and Teresa Solomon, Owner; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling. The applicant proposes to add a new family room, bathroom, storage space, master bedroom suite, new dining room, laundry room, expanded kitchen, and add a new 600 square foot garage. The floor area of the property would increase to a total of 3,464 square feet. Assessor's Parcel No. 058-132-13. [KO] 2. 274 CECILIA WAY: File No. DR2015068; Stephen Brady, Owner; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling. The applicant proposes to construct 573 square feet of additions to the rear of the existing dwelling and convert a 253 square foot one -car garage into living space, which would include a laundry room, powder room, master bedroom suite, and a family room. The house would include 2,099 square feet of floor area and result in 27.9% lot coverage. Assessor's Parcel No. 034-212-08. [KO] Design Review Board July 16, 2015 Page 1 3. 4 AUDREY COURT: File No. VAR2015010; John Pfeister, Owner; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling, with a Variance for reduced rear yard setback and a Floor Area Exception. The applicant proposes to construct a new second level for a bedroom, bathroom, and a colonnade, partially expand three of the existing bedrooms on the main level, and convert 124 square feet of the existing two -car garage into a breezeway. The floor area of the property would be increased by 813 square feet to a total of 5,255 square feet, which is 1,047 square feet greater than the 4,208 square foot floor area ratio for this site. The proposed second level addition would extend to within 18 feet, 8 inches of the rear property line in lieu of the 25 foot required rear yard setback. Assessor's Parcel No. 058-231-07. [KO] 4. 36 LINDA VISTA AVENUE: File No. VAR2015011; David and Jayne Love, Owners; Site Plan and Architectural Review for construction of a garage addition to an existing single-family dwelling, with Variances for reduced front yard setback, reduced side yard setbacks and excess lot coverage. The addition would extend up to the front property line in lieu of the required 15 foot front yard setback, up to one side property line and within 1 foot, 8 inches of the other side property line in lieu of the required 8 foot side yard setbacks, and cover 41.0% of the lot in lieu of the maximum allowable lot coverage of 35.0%. Assessor's Parcel No. 059-193-21. [DW] CONTINUED TO AUGUST 20, 2015 MINUTES 5. Regular Meeting of July 2, 2015 ADJOURNMENT Design Review Board July 16, 2015 Page 2 GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Division Secretary at (415) 435-7390. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of Design Review Board Agendas, Staff Reports, project files and other supporting data are available for viewing and inspection at Town Hall during business hours. Agendas and Staff Reports are also available at the Belvedere -Tiburon Public Library and on the Town of Tiburon website (www.ci.tiburon.ca.us) after 5:00 PM on the Friday prior to the regularly scheduled meeting. Any documents produced by the Town and distributed to a majority of the Design Review Board regarding any item on this agenda, including agenda -related documents produced by the Town after distribution of the agenda packet at least 72 hours in advance of the Board meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please deliver or cause to be delivered a written request (including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service) at least five (5) days before the meeting to the Planning Division Secretary at the above address. PUBLIC HEARING ITEMS AND BUSINESS ITEMS Public Hearing items and Business items provide the general public and interested parties an opportunity to speak regarding items that typically involve an action or decision made by the Board. If you challenge any decision in court, you may be limited to raising only those issues you or someone else raised at the meeting, or in written correspondence delivered to the Board at, or prior to, the meeting. GENERAL PROCEDURE ON ITEMS AND TIME LIMIT GUIDELINES FOR SPEAKERS The Design Review Board's general procedure on items and time limit guidelines for speakers are: ❖ Staff Update on Item (if any) ❖ Applicant Presentation — 5 to 20 minutes ❖ Design Review Board questions of staff and/or applicant ❖ Public Testimony (depending on the number of speakers) — 3 to 5 minutes for each speaker; members of the audience may not allocate their testimony time to other speakers ❖ Applicant may respond to public comments — 3 minutes ❖ Design Review Board closes the public testimony period, deliberates and votes (as warranted) ❖ Time limits and procedures may be modified in the reasonable discretion of the Chairman Interested members of the public may address the Design Review Board on any item on the agenda. ORDER AND TIMING OF ITEMS No set times are assigned to items appearing on the Design Review Board agenda. While the Design Review Board attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order without notice. NOTE: ALL DESIGN REVIEW BOARD MEETINGS ARE AUDIO RECORDED Design Review Board July 16, 2015 Page 3 TOWN OF TIBURON LATE MAIL POLICY (Adopted and Effective 11/7/2007) The following policy shall be used by the Town Council and its standing boards and commissions, and by staff of the Town of Tiburon, in the identification, distribution and consideration of late mail. DEFINITION "Late Mail" is defined as correspondence or other materials that are received by the Town after completion of the written staff report on an agenda item, in such a manner as to preclude such correspondence or other materials from being addressed in or attached to the staff report as an exhibit. IDENTIFICATION OF LATE MAIL All late mail received by Town Staff in advance of a meeting shall be marked "Late Mail" and shall be date-stamped or marked with the date of receipt by the Town. Late mail received at a meeting shall be marked as "Received at Meeting" with a date -stamp or handwritten note. POLICY For regular meetings of the Town Council and its standing boards and commissions: (1) All late mail that is received on an agenda item prior to distribution of the agenda packet to the reviewing authority shall be stamped or marked as "Late Mail" and shall be distributed to the reviewing authority with the agenda packet. (2) All late mail received on an agenda item before 5:00 PM on the Monday prior to the meeting shall be date-stamped and marked as "Late Mail" and distributed to the reviewing authority as soon as practicable. Such mail shall be read and considered by the reviewing authority whenever possible. If the Monday, or Monday and Tuesday, prior to the meeting are a Town -recognized holiday, the deadline shall be extended to the following day at Noon. (3) Any late mail received on an agenda item after the deadline established in paragraph (2) above shall be date-stamped, marked as "Late Mail" and distributed to the reviewing authority as soon as reasonably possible, but may not be read or considered by the reviewing authority. There should be no expectation of, nor shall the reviewing authority have any obligation to, read or consider any such late mail, and therefore such late mail may not become part of the administrative record for the item before the reviewing authority. These provisions shall also apply to special and adjourned meetings when sufficient lead time exists to implement these provisions. If sufficient lead time does not exist, the Town Manager shall exercise discretion in establishing a reasonable cut-off time for late mail. For controversial items or at any meeting where a high volume of correspondence is anticipated, Town staff shall have the option to require an earlier late mail deadline, provided that the written public notice for any such item clearly communicates the specifics of the early late mail deadline, and the deadline corresponds appropriately to any earlier availability of the agenda packet. Pursuant to state law, copies of all late mail shall be available in a timely fashion for public inspection at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon. Design Review Board July 16, 2015 Page 4 Ofibow ft*/ v / BAY AREA AI R QUALITY MANAGEMENT DISTRICT ALAMEDA COUNTY Tom Bates Margaret Fujioka Scott Haggerty Nate Miley CONTRA COSTA COUNTY John Gioia David Hudson Mary Piepho Mark Ross MARIN COUNTY Katie Rice NAPA COUNTY Brad Wagenknecht SAN FRANCISCO COUNTY John Avalos Edwin M. Lee Eric Mar (Vice -Chair) SAN MATEO COUNTY David J. Canepa Carole Groom (Chair) SANTA CLARA COUNTY Cindy Chavez Liz Kniss (Secretary) Jan Pepper Rod G. Sinks SOLANO COUNTY James Spering SONOMA COUNTY Teresa Barrett Shirlee Zane Jack P. Broadbent EXECUTIVE OFFICER/APCO DIGEST 0-1 June 10, 2015 To: Our Clean Air Partners On behalf of the Bay Area Air Quality Management District's Board of Directors and dedicated employees, I am pleased to provide you with our 2014 Annual The 2014 Annual Report explains how our programs reduce air pollution and protect public health in the Bay Area. It also highlights last year's accomplishments and includes data and graphics that summarize our recent activities. This year's annual report also celebrates the Air District's 60th Anniversary of improving air quality in the region, with a fold -out timeline of major achievements accompanied by relevant historical photographs. To request additional copies of this publication, please call the Air District's Communications and Outreach Office at 415-749-4900. Sincerely, Jack P. Broadbent Executive Officer / Air Pollution Control Officer d-,_01A>F d 939 ELLIS STREET • SAN FRANCISCO CALIFORNIA 94109 • 415.771.6000 • www.baagmd.gov G0$tTTY sro,Q MCSTOPPP Agency Staff Committee Meeting Agenda Wednesday, July 1, 2015, 1:00 — 4:00 pm LOCATION: 1600 Los Gamos Drive, Room 210 Call-in Number: 415-473-2141 1. Introductions 1:00 2. Business 1:10 • Approve meeting minutes from 6-3-15 • Changes to agenda? • Announcements 3. Staff updates 1:30 a. BASMAA Phase II Committee update b. MCSTOPPP Citizen Advisory Committee update c. MCSTOPPP Countywide staff updates d. Local Program reports (public outreach/education, compliance questions/updates) REPORTS and APPROVAL REQUESTS 4. Ordering storm drain markers in the future. 5. Preparing for FY 14-15 Annual Report to State 6. Break 1:50 2:00 2:30 7. Approve: 2:40 Proposed BASMAA Phase II Committee Trash Amendments Track 2 Compliance and Planning Project 8. Follow-up discussion - Presentation on E.9 & E.11 Mapping and Monitoring Project3:00 9. Follow-up discussion MCSTOPPP Public Outreach Strategy 3:30 Adjournment by 4:00 Next Meeting: August 1, 2015 —1600 Los Gamos Conference Room 211, San Rafael TIBURON FIRE PROTECTION DISTRICT BOARD OF DIRECTORS MEETING AGENDA t _ CALL TO ORDER 2. CONSENT CALENDAR A. Approval of Minutes, June 10, 2015 3. COMMUNICATIONS DIGEST WEDNESDAY, JULY 8, 2015 6:30 P.M., HEADQUARTERS FIRE STATION 1679 TIBURON BLVD. 4. PUBLIC OPEN TIME for items not on the agenda This portion of the meeting is reserved for persons who want to address the Agency on any matter not listed on the agenda. The Ralph M. Brown Act prohibits discussion of items that are not duly placed on the agenda. Speakers are limited to three minutes. Please Note: the Chair will allow time for public comment on each agenda item. 5. CHIEF'S REPORT A. Monthly Report B. Approve appointment of Jessica Power to Fire Marshal 1, Range 319, Step #1, $8,124/mo., effective 7/15/15 C. Approve appointment of Fire Prevention Specialist, Range 316, Step #1, $6,061/mo., effective 7/15/15 D. Approve appointment of Firefighter Trainee, Range 322, Step #1, $2,845/mo., effective 7/15/15 E. Approval of MOU with Employee and Management Associations 6. TREASURER'S REPORT A. Finance Committee — Directors Kirchhoff and Sears Finance Committee Meeting — Monday, July 6, 2015, 1530 hrs. Headquarters Fire Station, 1679 Tiburon Blvd. B. Approval of Payroll and Warrants 7, PUBLIC BUDGET HEARING AND FINAL BUDGET, F/Y 2015/16 A. Approve resolution that the Special Tax will not be levied for F/Y 2015/16, #2015-16 B. Approve resolution for appropriation of tax proceeds, #2015-17 C. Approve resolution of annual budget FIY 2015/16, #2015-18 8. RESOLUTIONS A. Approve resolution authorizing execution of Joint Exercise of Powers Agreement II relating to MarinMap project, #2015-19 In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact the District office at 435-7200. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements. 9. COMMITTEE REPORTS A. MERA — Chief Pearce B. SMEMPS — Director O'Neill C. PERSONNEL — Directors Sears and Miller D. SPHERE OF INFLUENCE — Directors O'Neill and Kirchhoff 10. BOARD OF DIRECTORS 11. ADJOURNMENT NEXT REGULAR TFPD BOARD MEETING: August 12, 2015, 6:30 P.M. A complete agenda package is available for viewing at 1679 Tiburon Blvd. Copies of past TFPD minutes are available for viewing at the same location. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the District office at 435-7200. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements. 7/9/2015 Belvedere, CA - official Website Home > Archive Center View Other Items in this Archive I View All Archives I Printable Version AGENDA - REGULAR MEETING BELVEDERE CITY COUNCIL JULY 13, 2015, 6:30 P.M. Council Chambers 450 San Rafael Avenue, Belvedere, California 44-3 D I bac ' COMMENTS ON AGENDA ITEMS BY MEMBERS OF THE PUBLIC The public will be given an opportunity speak on each agenda item when it is called Upon being recognized by the Mcryor. please state your suave and address, and limit yoiu- oral statement to no more than three minutes. The Council welcomes comments and questions raised by interested citizens but typically does not respond during the comment period 6:30 PM CALL TO ORDER PLEDGE OF ALLEGIANCE OPEN FORUM This is an opportunity for any citizen to briefly address the City Council on any matter that does not appear in this agenda. Upon being recognized by the Mayor, please state your name, address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Council consideration tivill be agendized for further discussion at a later meeting. REPORTS & PRESENTATIONS 1. City Council Reports. 2. City Manager Reports. 3. Police Chief reports. A. Update on newly installed license plate reader cameras at San Rafael Avenue and Lagoon Road, Lagoon Road/Cove Road and Tiburon Boulevard, and Beach Road and Cove Road. B. Swearing in of Reserve Police Officer David Klemme. 4. Presentation of plaque to Charles Auerbach for dedicated service to the Belvedere -Tiburon Joint Disaster Advisory Council. CONSENT CALENDAR The Consent Calendar consists of items that the City Council considers to be non -controversial. Unless any item is specifically removed by any member of the City Council, staff, or audience, the Consent Calendar will be adopted by one motion. Items removed will be considered in the sequence as they appear below. If any member of the audience wishes to have an item removed, please step to http://www.cityofbelvedere.org/Archive.aspx?AMID=44&Type=Recent&PREVIEW=YES 1/3 719/2015 Belvedere, CA - Official Website the microphone, state your name, and indicate the item. 5. Approve minutes of: A. May 4. 2015. special joint City Council and Planning Commission meeting. B. June 8. 2015. regular City Council meetinC7. 6. Approve warrants of June 2015. 7. Adopt a resolution designating signatories for the City's Westamerica Bank operating and 2ayroll accounts and authorizing transfers from one account to the other. 8. Approve revocable license for private improvements in the City right-of-way in front of 195. San Rafael Avenue. Property Owner: Paul and Kristina Hackwell. 9. Approve revocable license for private improvements in the City right-of-way in front of 3 Leeward Road. Property Owner: Leary 2006 Family Trust. 10. Adopt the following resolutions pertaining to the Citv 's membership in Public Agency Risk Sharing Authority of California (PARSAC): A. Adopt a resolution rescinding participation in the California Joint Powers Insurance Authority for Workers Compensation and Liability coverage upon the City's notice of withdrawal: B. Adopt a resolution authorizing the City Manager to apply to the Director of Industrial Relati ons. State of California for a Certificate of Consent to Self Insure Workers' Compensation liabilities: C. Adopt a resolution delegating authority to the City Manager to settle claims within certain limits. 11. Adopt resolution for the period of August 1. 2015. through June 30. 2016. establishing salaries and benefits for Miscellaneous Empl.ovees. COUNCIL REORGANIZATION 12. City Council reorganization. A. Election of mayor. B. Election of vice -mayor. C. Presentation to outgoing mayor and remarks by council members. PUBLIC HEARINGS 13. Consider Collection Rate Application submitted by Mill Valley Refuse Service. Inc.. (M\TRS' for the collection of trash. recycling. and compostable materials. (Continued from June 8. 2015.) Staff recommendation: Adopt resolution approving MVRS rate increase of 3.94°% for FY15/16. OTHER SCHEDULED ITEMS 14. Request from Belvedere -Tiburon Landmarks' Society for financial support for Gallows Wheels relocation project. Staff recommendation: Consider request from Landmarks' Society to help fund Gallows Wheel http://www.cityofbelvedere.org/Archive.aspx?AM ID=44&Type=Recent&PR EVI EW=YES 2/3 7/9/2015 Belvedere, CA- Official Website project and provide direction to staff. ADJOURN NOTICE: WHERE TO VIEW AGENDA MATERIALS Staff reports and other materials distributed to the City Council are available for public inspection at the following locations: > Belvedere City Hall, 450 San Rafael Avenue, Belvedere. (Materials distributed to the City Council after the Thursday before the meeting are available for public inspection at this location only.) > Belvedere -Tiburon Library, 1501 Tiburon Boulevard, Tiburon. To request automatic mailing of agenda materials, please contact the City Clerk at 415/435- 3838. NOTICE: AMERICANS WITH DISABILITIES ACT The following accommodations will be provided upon request to persons with a disability; agendas and/or agenda packet materials in alternate formats and special assistance needed to attend or participate in this meeting. Please make your request at the Office of the City Clerk or by calling 415/435-3838. Whenever possible, please make your request four working days in advance. ht1p:llwww.cityofbelvedere.org/Archive_aspx?AMID=44&Type=Recent&PREVIEW=YES 3/3 COUNTY OF MARIN k' DIGE2/c ST COMMUNITY DEVELOPMENT AGENCY PLANNING DIVISION NOTICE OF PUBLIC HEARING MARIN COUNTY BOARD OF SUPERVISORS DEVELOPMENT CODE AMENDMENT FOR THE AFFORDABLE HOUSING COMBINING DISTRICT Date Subject Area Time July 21, 2015 Review and consider amendments to the Affordable Housing (AH) Combining District 1:30 p.m.* *Please note the proposed hearing time is an estimate only and may be subject to change. NOTICE IS HEREBY GIVEN that the Marin County Board of Supervisors will hold a public hearing on Tuesday, July 21, 2015 at 1:30 PM to consider amendments to the Affordable Housing (AH) Combining District. The AH district currently applies to three sites in unincorporated Marin County, as identified in the table below. AH Combining District sites: Site Name St. Vincent's! Silveira Marin City Community Development Corporation Golden Gate Seminary Address Assessor's Parcel Number(s) St. Vincent's Drive, San Rafael 441 Drake Ave, Sausalito (Marin City) 201 Seminary Drive, Mill Valley (Strawberry) 155-011-08 155-011-28 155-011-29 155-011-30 155-121-16 052-140-36 043-261-25 043-261-26 The AH district was established by the Board of Supervisors in 2013 as part of the implementation of the 2007-2014 Housing Element. At that time, the Board opted to apply the AH district to portions of the three sites listed in the table above to allow affordable housing to be developed at a density of 30 units per acre on limited areas of each site. The 30 unit per acre density was consistent with the State -required default density for lower income housing sites identified in the Housing Element. On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1537, allowing the County to lower the County's default density for lower income housing from 30 units per acre to 20 units per acre for the 2015 to 2023 Housing Element cycle. This statue does not require any changes to existing zoning or to the Housing Element Sites Inventory adopted by the Board of Supervisors on December 9, 2014. However, it does provide the County with flexibility to include sites in the Housing Element to accommodate lower income housing opportunities at a density of 20 units per acre, rather than the minimum 30 units per acre density previously required. On December 9, 2014, the Board of Supervisors requested that staff initiate rezoning portions of the three existing AH sites from 30 units per acre to 20 units per acre. The Planning Commission first considered this rezoning proposal on May 28, 2015, and continued the hearing to June 22, 2015 for further discussion. At the June 22 hearing, the Commission rejected the proposal and voted to maintain the existing allowed density of 30 units per acre in the AH district, and recommended minor amendments to Development Code Chapter 22.14 to clarify the district's applicability. 3501 Civic Center Drive • Suite 308 • San Rafael, CA 94903.4157 • 415 473 6269 T • 415 473 7880 F • 415 473 2255 TTY • www.marincounty,org/plan