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HomeMy WebLinkAboutTC Agd Pkt 2016-01-20 (4)TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: PH -1 STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Community Development Department 145 Rancho Drive; File No. PDPA2015004 Request to Amend the Cypress Hollow Precise Development Plan (PD #45) Create a Secondary Building Envelope; Rapport Investment Gr p,/LC, Owner/Applicant; Assessor's Parcel No. 034-392-10 A_•L d PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: Zoning: Precise Plan: General Plan: Current Use: Owners/Applicant: Flood Zone: 145 Rancho Drive (Lot 9, Cypress Hollow Subdivision) 034-392-10 PDPA2015004 17,942 square feet RPD (Residential Planned Development) Cypress Hollow Precise Development Plan (PD #45) M (Medium Density Residential) Single -Family Residential Rapport Investment Group, LLC X (Outside 500 -year storm event) BACKGROUND This application is proposing an amendment to the Cypress Hollow Precise Development Plan for property located at 145 Rancho Drive (Lot 9). The property owner proposes to create a secondary building envelope on the property for the purposes of installing a lawn area surrounded by new walls. No changes are proposed to the existing building envelope. On December 14 2015, the Planning Cornrnission adopted Resolution No. 2015-11 (Exhibit 2) recommending to the Town Council that the Precise Development Plan amendment be approved. PROJECT DESCRIPTION The property owner proposes to establish a 940 square foot secondary building envelope on the south side of the property to allow construction of the proposed improvements, including walls varying in height from 4 feet, 2 inches to 5 feet, 5 inches and 36 inch wooden guardrails. Walls of this height located outside a building envelope are not permitted; hence the request for an envelope -related amendment. This area is cun-ently landscaped with trees, shrubs, and other vegetation. TOWN OF TIBURON PAGE 1 OF 3 Town Council kering January 20, 2016 HISTORY The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin County Board of Supervisors. The Precise Development Plan established building envelopes for each lot and set other zoning parameters. Multiple precise plan amendments have been approved for various lots in the Cypress Hollow subdivision since this subdivision was annexed into Tiburon in 1999, but most of the approvals were to expand the existing dwellings over the 30 percent floor area limit. A precise plan amendment was approved for the property at 55 Monterey Drive in 2014 to create a new secondary building envelope for an in -ground swimming pool. ANALYSIS The subject site is located on Rancho Drive near the intersection of Rancho Drive and Cecilia Way. The property slopes upward from the street, with a small portion of flat area near the north side of the property. The majority of the flat area is within the original building envelope, which is substantially occupied by the existing residence. The lot is triangular in shape and the secondary building envelope would be located in the narrowing southern portion of the property, adjacent to an existing deck. The majority of the property is screened by heavy vegetation, especially along the perimeter. REVIEW BY THE PLANNING COMMISSION The Planning Commission held a public hearing on this application at its December 14, 2015 meeting. There was one public comment from an uphill neighbor, whom expressed concerns of a visual impact of the lawn area from a studio building on the adjacent neighbor's' property at the meeting. The property owner stated at the meeting he was open to working with the neighbor to conte up with a solution for additional screening between the two properties. The Planning Commission supported the proposed request and found it was in conformance with the overall intent of Cypress Hollow Precise Development Plan and the Tiburon General Plan. The Commission voted 4-0 to recommend the application for approval. Meeting minutes of the December 14, 2015 meeting are attached as Exhibit 4. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on this item 2. Adopt the draft Resolution (Exhibit 5) finding the project exempt from CEQA and conditionally approving the application. \ , fr.l EBI :s:t Pane 2 „i i Town Council Meeting _January 20, 2016 EXHIBITS 1. Application form and supplemental materials 2. Planning Commission Resolution No. 2015-11 3. Planning Commission Staff Report dated December 14, 2015 4. Minutes of the December 14, 2015 Planning Commission Meeting 5. Draft Resolution 6. Submitted Plans Prepared By: Kyra O'Malley, Associate Planner 1-0\v\cit- 1 I Rt kir% Ric ; I ; TOWN OF TIBURON LAND DEVELOPMENT APPLICATION EigEHE3 NOV is 5 1015 PLANNING DIVISION o Conditional Use Permit /4 Precise Development Plan e 1 o Secondary Dwelling Unit o Zoning Text Amendment o Rezoning or Prezoning o General Plan Amendment o Temporary Use Permit TYPE OF APPLICATION o Design Review (DRB) o Design Review (Staff Level) o Variance(s) o Floor Area Exception o Tidelands Permit o Sign Permit o Tree Permit o Tentative Subdivision Map o Final Subdivision Map o Parcel Map o Lot Line Adjustment o Condominium Use Permit o Seasonal Rental Unit Permit o Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: 1H S-9, c1,„ *Dr. PROPERTY SIZE: PARCEL NUMBER: C3 4 - 3 92 -- 10 ZONING: b C,yp ress PROPERTY OWNER: R MAILING ADDRESS: 63-4. L-.% 4.,, PHONE/FAX 1 ER: is) 31-7 --2_34 s- E-MAIL: �,,,,1 t lr,p� - , ,,, € 3141.) c e CIv (' • _ (n42 1 APPLICANT (Other than Property Owner): MAILING ADDRESS: PHONE/FAX NUMBER: E-MAIL: ARCHITECT/DESIGNER/ENGINEER C , ca_ QY, MAILING ADDRESS: 1(, 9 i [ I V � l(� 9 L 9 41 � 5 PHONE/FAX NUMBER: C I s) 381 - g g t E-MAIL: ck„ ck,,,r, ,, E av»at1 J -eve meA14hur -Z101 Silo e1me 11w mV °14'141 f - � Please indicate with an asterisk (*) persons to whorn Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet i, f needed): d,\WC- -�o gw,e..,�7 -jL •�eksQ. - a,�., ' lets �'�.., eyr,�v7e1Die • A(-,g rc �-4 I h,. l V 411 5 Li..)L �"� C 1� et a 4 d L �t✓'—ikh-c C. t (.>c> w�` N s s , w �._ ere . -Lr„ l `� S e 4 ce_ OL,1-� e_. 1 , ( s 0,- 5 \ cJ J EXHIBIT NO.J I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that might result from the third party challenge. Signature:* M c P a, c� The property involving this permit request may be subject to deed restrictions called Covenants, Conditions and Restrictions (CC&Rs), which may restrict the property's use and development. These deed restrictions are private agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such restrictions are NOT considered by the Town when granting permits. Date:/1/ / Y / /r You are advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate homeowners association and adjacent neighbors about your project prior to proceeding with construction. Following this procedure will minimize the potential for disagreement among neighbors and possible litigation. Signature:* Date: 1l *If other than owner, must have an authorization letter from the owner or evidence of de facto control of the property or premises for purposes of filing this application NOTICE TO APPLICANTS Pursuant to California Government Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general (non -parcel -specific), proposals to adopt or amend the General Plan, Zoning Ordinance, Specific Plans, or an ordinance affecting building or grading permits. If you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration of the time period requested for receiving such notices. The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application. Requests should be mailed to: Town of Tiburon Community Development Department Planning Division 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435-7390 (Tel) (415) 435-2438(Fax) www.townoftiburon.org DO NOT WRITE BELOW THIS LINE p©EUVED W0' 05 ?Oih LUJ PLANNING DIVISION DEPARTMENTAL PROCESSING INFORMATION Application No.: P»F14Zo1-06i GP Designation: Fee DepositAgO Date Received: l(l�il_ Received By: )-S Receipt,#: 2] Date Deemed Complete: [ 1 I68�,� By: OW Acting Body: Action: Date: Conditions of Approval or Comments: Resolution or O +amu CJI` NO t Fa- RESOLUTION NO. 201541 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (#45) TO CREATE A SECONDARY BUILDING ENVELOPE FOR PROPERTY LOCATED AT 145 RANCHO DRIVE (LOT 9) ASSESSOR PARCEL NO. 034-392-10 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received and considered an application filed by Rapport Investment Group, LLC for an amendment to the Cypress Hollow Precise Development Plan (PD #45) to create a new secondary building envelope at 145 Rancho Drive (Lot 9). The application consists of the following: 1. Application form and supplemental materials, dated November 5, 2015 2. Site Plan and Building Envelope Plans, dated December 1, 2015 B. The Planning Commission held a duly -noticed public hearing on December 14, 2015, and heard and considered testimony from interested persons. C. The Planning Commission has found that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. D. The Planning Commission finds, based upon application materials and analysis presented in the December 14, 2015 Staff Report, as well as visits to the site and testimony received from the applicant, that the project is generally consistent with the overall intentions of the Cypress Hollow Precise Development Plan. The secondary building envelope would improve the ability to utilize the outdoor living areas of the subject property without resulting in any impacts on nearby homes, and in a manner consistent with neighboring properties, and is limited in scope. E. The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land use Element Policy LU -12 states that "Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects including remodels and additions, to the maximum extent feasible." Creation of a secondary building envelope along the southern edge of the residence would not appear to negatively impact the surrounding properties. TIBURON PLANNING COMMISSION RESOLUTION NO. 2015-11 December 14, 2015 EXHIBIT NO. 2.. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a secondary building envelope for 145 Rancho Drive (Lot 9) of the Cypress Hollow Subdivision (PD #45) to the Town Council, subject to the following conditions: 1. The secondary building envelope for the property at 145 Rancho Drive shall be as shown and as amended by annotations on the Site Plan, prepared by Steve McArthur dated December 1, 2015, attached as Exhibit "A." 2. The secondary building envelope shall be utilized only for construction of walls with a maximum height of six feet as shown in the plans on file with this application. Other additions or structures shall be prohibited within the secondary building envelope area. 3. This Precise Development Plan Amendment approval shall be valid for 36 months following its effective date, and shall expire unless vested. A time extension may be granted if such request is filed prior to the expiration date. 4. This approval shall in no way alter other provisions of the Cypress Hollow Precise Development Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on December 14, 2015 by the following vote: AYES: COMMISSIONERS: Kulik, Corcoran, Weller, Welner NAYS: COMMISSIONERS: None ABSENT: COMMISSIONERS: Williams DAVID KULIK, CHAIR Tiburon Planning Commission ATTEST: KYRA O'MALLEY, SECRETARY Attachment: Exhibit A: Site Plan dated December 1, 2015 TIBURON PLANNING COMMISSION RESOLUTION NO. 2015-11 December 14, 2015 2 EXHIBIT NO. TOWN OF TIBURON „ 1505 Tiburon Boulevard Tiburon, CA 94920 Planning Commission Meeting December 14, 2015 Agenda Item: 2 STAFF REPORT To: From: Subject: Members of the Planning Commission Community Development Department 145 Rancho Drive; File No. PDPA2015004 Request to Amend the Cypress Hollow Precise Development Plan (PD #45) to Create a Secondary Building Envelope; Rapport Investment Group, LLC, Owner; Chuck Utzman, Applicant; Assessor's Parcel No. 034-392-10 PROJECT DATA Address: 145 Rancho Drive (Lot 9, Cypress Hollow Subdivision) Assessor's Parcel Number: 034-392-10 File Number: PDPA2015004 Lot Size: 17,942 square feet Zoning: RPD (Residential Planned Development) Precise Plan: Cypress Hollow Precise Development Plan (PD #45) General Plan: M (Medium Density Residential) Current Use: Single -Family Residential Owners: Rapport Investment Group, LLC Applicant: Chuck Utzman Flood Zone: X (Outside 500 -year storm event) PROJECT DESCRIPTION The project is the proposed amendment to a precise development plan (the Cypress Hollow Precise Development Plan) for property located at 145 Rancho Drive. The property owner proposes to establish a secondary building envelope on the property for the purposes of installing a lawn area surrounded by new walls. No changes are proposed to the existing building envelope. The property is currently developed with a single-family dwelling and is bordered by single-family dwellings and heavy vegetation. The property owner proposes to establish a 940 square foot secondary building envelope on the south side of the property to allow construction of the proposed improvements, including walls varying in height from 4 feet, 2 inches to 5 feet, 5 inches and 36 inch wooden guardrails. Walls of this height located outside a building envelope are not permitted; hence the request for an envelope -related amendment. This area is currently landscaped with trees, shrubs, and other vegetation. The lot is triangular in shape and the secondary building envelope would be located in the narrowing portion of the lot (see plans attached as Exhibit 5). TOWN OF TIBURON EXHIBIT NO. 3 PAGE 1 OF 3 , r. Planning Commission \'lccting hcccmbcr 14, 2015 BACKGROUND The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin County Board of Supervisors. County resolution No. 88-252 (Exhibit 3), which currently governs this precise plan, established building envelopes for each lot (Exhibit 4). Multiple precise plan amendments have been approved for various lots in the Cypress Hollow subdivision since this subdivision was annexed into Tiburon in 1999, but most of the approvals were to expand the existing dwellings over the 30 percent floor area limit. A precise plan amendment was approved for the property at 55 Monterey Drive in 2014 to create a new secondary building envelope for an in -ground swimming pool. ANALYSIS Project Design The subject site is located on Rancho Drive near the intersection of Rancho Drive and Cecilia Way. The property slopes upward from the street, with a small portion of flat area near the north side of the property. The majority of the flat area is within the original building envelope, which is substantially occupied by the existing residence. The proposed secondary building envelope for this parcel would be on the southern portion of the property, adjacent to an existing deck. The majority of the property is screened by heavy vegetation, especially along the perimeter. Compliance with the Cypress Hollow Precise Development Plan The building envelopes established by the Cypress Hollow Precise Development Plan were designed to allow adequate space for the development of each parcel, while providing a buffer between the building envelopes and nearby residences and open space areas. The requested amendment would allow the property owner to install a wall for a lawn area on the side of the existing dwelling, but would not compromise the integrity of the adjacent properties. However, to ensure that other structures are not later proposed within the secondary building envelope, Staff recommends that improvements within the secondary building envelope be limited to those shown on the plans submitted as part of this application. General Plan Consistency The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land use Element Policy LU -12 states that "Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects including remodels and additions, to the maximum extent feasible." As noted previously, establishing a secondary building envelope along the southern portion of the property would not appear to negatively impact the surrounding properties. Other homes in the vicinity appear to have lawn areas on their lots and in various locations on the lots due to the sloping topography in the neighborhood. 1-0\\-Noi EXI-IIBIT NO. ?�:!Illllll��Com lill�rlt�il \1Ci:tlfl!� D ceinb I' 14, 21)15 ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines. PUBLIC COMMENT As of the date of this report, no correspondence has been received regarding the subject application. FUTURE ACTIONS REQUIRED The Planning Commission's action on this project would be in the form of a recommendation of approval to the Town Council or denial by the Commission. A Commission denial could be appealed to the Town Council, while a recommendation for approval would be automatically forwarded to the Town Council. If the precise development plan amendment is approved by the Town Council, the proposed walls would require Site Plan and Architectural Review approval and the necessary building permits. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing on this application: 2. Consider the draft resolution (Exhibit 1) recommending approval of the amendment to the Cypress Hollow Precise Development Plan to the Town Council. Exhibits: 1. Draft Resolution 2. Application and Supplemental Materials 3. County of Marin Resolution No. 88-252 4. Cypress Hollow Subdivision Original Building Envelope 5. Submitted Plan Prepared By: Kyra O'Malley, Associate Planner TOW )1" TIM 1: ()\ EXHIltlqq0. 3er3 ACTION: It was MIS (Weller/Corcoran) to adopt the resolution for a Conditional Use Permit to install a canopy on a portion of an exterior deck for an existing restaurant (Sam's Anchor Cafe), as amended to amend Condition No. 9 to be reviewed at the first meeting in November; adding two conditions: 1) that a solid wall be constructed along the eastern side of the deck between the outdoor bar and the existing restaurant or other similar noise mitigation that is agreed upon by both the applicant and Water's Edge Hotel; 2) that the Eisenglass panels be lowered at 9:30 p.m. Motion carried: 4-0. BREAK Chair Kulik called for a break at 9:10 p.m. and thereafter reconvened the meeting at 9:15 p.m. PUBLIC HEARINGS 2. 145 RANCHO DRIVE: File No. PDPA2015004; Request to amend the Cypress Hollow Precise Development Plan (PD #45) to create a secondary building envelope on Lot 9 of the Cypress Hollow Subdivision; Rapport Investment Group, LLC, Owner; Chuck Utzman, Applicant; Assessor's Parcel No. 034-392-10 Associate Planner O'Malley gave the staff report and said the project is a proposed amendment to a precise development plan (the Cypress Hollow Precise Development Plan) for property located at 145 Rancho Drive. The property owner proposes to establish a secondary building envelope for the purposes of installing a lawn area surrounded by new walls. No changes are proposed to the existing building envelope. The property is currently developed with a single- family dwelling and is bordered by single-family dwellings and heavy vegetation. The property owner proposes to establish a 940 square foot secondary building envelope on the south side of the property to allow construction of the proposed improvements, including walls varying in height from 4 feet, 2 inches to 5 feet, 5 inches and 36 inch wooden guardrails. Walls of this height located outside a building envelope are not permitted; hence the request for an envelope -related amendment. Staff believes it is in compliance with the Cypress Hollow Precise plan and the Tiburon General Plan , but recommended a condition that the secondary building envelope would be just for the walls, lawn area and no other structures allowed. Staff recommended that the Planning Commission recommend approval of the amendment of the Cypress Hollow Precise Development Plan to the Town Council. Garrett Burdick, co-owner, introduced Brian Pensack, co-owner and said that they were available for questions. Commissioner Weller asked about the height limits for the proposed fence and walls. Mr. Watrous said that a 6 foot height limit is typical and the applicant wishes to build a 5 foot, 5 inch wall. Mr. Burdick confirmed this and said that they also would put a railing on top of the wall. Mr. Watrous stated that the railing would not count toward the maximum height. TIBURON PLANNING COMMISSION DECEMBER 14, 2015 MINUTES NO. 1059 DRAFTE11 T N®.4 The public hearing was opened. Ian Altman said that his home is directly uphill from the project. He asked about the height of the retaining wall and for information about its engineering. He said that there was no evidence of any screening landscaping and said that he would prefer more privacy from his detached studio building. Ms. O'Malley noted that the plans call for a wall height of 4 feet, 2 inches. Mr. Watrous added that since Mr. Altman is uphill from the site, he would just see the top of the wall. Mr. Altman said that he would see some of the lawn area. Commissioner Weller asked if it was possible for Mr. Altman to install his own landscape screening. Mr. Altman said yes, potentially. Mr. Burdick stated that they will be working on engineering for the retaining wall. He offered to provide further screening such as a small fence or wall that would go on top of the retaining wall or a couple of bushes and said that he was open to working with his neighbor. Commissioner Weller asked why artificial grass was proposed as opposed to natural turf. Mr. Burdick said that he was excited about the use of artificial grass because it does not require water, given the drought and that over time artificial grass has improved in its quality. The public hearing was closed. Commissioner Welner supported the project, stating that the Planning Commission's role is to ensure the project is consistent with the intent of the precise development plan and General Plan, which it is. Commissioner Corcoran concurred with Commissioner Weiner and said that the project would not have a significant impact on surrounding properties and appeared to be one of the few spots on the lot where a flat outdoor space could be created. Commissioner Weller and Chair Kulik both concurred. Chair Kulik added that the applicant is amenable to adding vegetation for blockage and said that he could find the project consistent with the precise development plan and the General Plan. ACTION: It was M/S (Welner/Corcoran) to adopt the resolution recommending approval of the amendment to the Cypress Hollow Precise Development Plan to the Town Council. Motion carried: 4-0. 3. 35, 37 & 39 LYFORD DRIVE: File #s PDPA2015003 & CUP2015005; Request to amend the 35, 37 & 39 Lyford Drive Precise Plan (PD #35) and approve a Condominium Use Permit for the division of the single parcel into separate lots for each of the three detached dwelling units on the property; Richardson Bay Land Company, Owner/Applicant; Assessor's Parcel No. 058-301-49 TIBURON PLANNING COMMISSION DECEMBER 14, 2015 MINUTES NO. 1059 DRAFT PAGE 12 EXHIBIT NO. or9* RECORDING REQUESTED, RETURN TO: TIBURON TOWN CLERK 1505 TIBURON BOULEVARD TIBURON, CA 94920 Record without fee per G.C. 27383 RESOLUTION NO. DRAFT -2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45) TO CREATE A SECONDARY BUILDING ENVELOPE ON PROPERTY AT 145 RANCHO DRIVE (LOT 9) ASSESSOR PARCEL NO. 034-392-10 WHEREAS, on December 14, 2015, the Planning Conunission held a public hearing to consider the approval of an amendment to the Cypress Hollow Precise Development Plan (PD #45) to create a secondary building envelope at 145 Rancho Drive (Lot 9); and WHEREAS, after receiving public testimony and considering the application (File # PDPA2015004) at that hearing, the Planning Commission adopted Resolution No. 2015-11 recommending to the Town Council that the precise development plan amendment be approved; and WHEREAS, on January 20, 2016, the Town Council held a public hearing on this application and after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment to create a secondary building envelope for the property at 145 Rancho Drive (Lot 9) would be consistent with the overall intention of the Cypress Hollow Precise Development Plan and the policies contained within the Tiburon General Plan; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve a secondary building envelope for 145 Rancho Drive (Lot 9) of Cypress Hollow Subdivision (PD#45), subject to the following conditions: 1. The secondary building envelope for the property at 145 Rancho Drive shall be as shown and as amended by annotations on the Site Plan, prepared by Steve McArthur dated December 17, 2015, attached as TIBURON TOWN COUNCIL RESOLUTION NO. DRAFT -2016 January 2 [HI BA No. IT . JV 1 aVF Exhibit "A." 2. The secondary building envelope shall be utilized only for construction of walls with a maximum height of six feet as shown in the plans on file with this application. Other additions or structures shall be prohibited within the secondary building envelope area. 3. This Precise Development Plan Amendment approval shall be valid for 36 months following its effective date, and shall expire unless vested. A time extension may be granted if such request is filed prior to the expiration date. 4. This approval shall in no way alter other provisions of the Cypress Hollow Precise Development Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Town Council on January 20, 2016, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ERIN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. DRAFT -2016 January 20, 2LXLHTBIT No. 5 � r oto_. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 20, 2016 Agenda Item: pH —2. To: From: Subject: Reviewed By: Mayor and Members of the Town Council Community Development Department 35-37-39 Lyford Drive; File #PDPA2015003; Request to Amend the 35- 37-39 Lyford Drive Precise Plan (PD #35); Richardson Bay Land Company, Owner/Applicant; Assessor's Parcel No. 058-301-49 PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: Zoning: Precise Plan: General Plan: Current Use: Owner/Applicant: Flood Zone: 35-37-39 Lyford Drive 058-301-49 PDPA2015003 & CUP2015005 1.7 acres RPD (Residential Planned Development) 35-37-39 Lyford Drive Precise Plan (PD #35) - 1974 M (Medium Density Residential) Clustered Single -Family Residential Richardson Bay Land Company X (Outside 500 year flood area) BACKGROUND The project is the proposed amendment to a precise plan (the 35-37-39 Lyford Drive Precise Plan) for property located at 35-37-39 Lyford Drive. The applicant proposes to create three (3) separate condominium parcels to allow separate ownership of each of the existing single-family dwellings. On December 14, 2015, the Planning Commission adopted Resolution No. 2015-12 (Exhibit 3) recommending to the Town Council that the precise plan amendment be approved. HISTORY The 35-37-39 Lyford Drive Precise Plan was originally approved in 1974. The precise plan approved the development of a 1.7 acre parcel with three detached single-family dwellings. The homes were clustered in the southern end of the site. Each dwelling contains an attached one -car garage and a separate detached 4 -car garage is shared by the three residences. An open space easement deeded to the Town of Tiburon covers the northern portion of the site. TOWN OF TIBURON PAGE 1 OF 3 Town Council Meering 'January 20. 2016 In contrast to more recent planned development projects, the site was not subdivided into individual lots. The three homes for this project were all located on the sole parcel and held under the same ownership. This form of cluster development soon fell out of fashion in development circles and has not been repeated elsewhere in Tiburon since the approval of this early precise plan. ANALYSIS The subject property is situated at the southwest corner of the intersection of Lyford Drive and Round Hill Road. A driveway leading to Lyford Drive provides the sole vehicular access to the site. Trees and other mature vegetation along the perimeter of the property screen the homes on the site from views from the adjacent streets. The proposed project would create individual lots for each of the three homes on the site. The shared driveway, detached garage structure and the area covered by the open space easement would be situated on a remainder parcel and owned in common by the owners of the three proposed lots. No physical changes are proposed as part of this project. The existing homes and detached garage would remain in their current condition. The only requested change from the proposed condominium conversion is a change in the form of ownership of the property. REVIEW BY THE PLANNING COMMISSION The Planning Commission held a public hearing on this application at its December 14, 2015 meeting. At that meeting, the Planning Commission supported the proposed request and found that it was in conformance with the overall intent of the 35-37-39 Lyford Drive Precise Plan and the Tiburon General Plan. The Commission voted 4-0 to recommend the application for approval. The Comrnission also approved a condominium use permit for the project. Draft minutes of the December 14, 2015 meeting are attached as Exhibit 4. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(k) of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on this item 2. Adopt the draft resolution (Exhibit 1) approving the application TOWN OF TIBURON PAGE 2 OF 3 Town Council Meering January 20. 2016 EXHIBITS 1. Draft Resolution 2. Application form and supplemental materials 3. Planning Commission Resolution No. 2015-12 4. Draft minutes of the December 14, 2015 Planning Commission meeting 5. Submitted plans Prepared By: Daniel M. Watrous, Planning Manager lsharedlAdministration\Town Council\Staff Reports120161 January 20 Drafts\35-37-39 Lyford Drive report.doc TOWN OF TIBURON PAGE 3 OF 3 RESOLUTION NO. (Draft) -2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE 35-37-39 LYFORD DRIVE PRECISE PLAN (PD #35) ON PROPERTY AT 35-37-39 LYFORD DRIVE ASSESSOR PARCEL NO. 058-301-49 WHEREAS, on December 14, 2015, the Planning Commission held a public hearing to consider the approval of an amendment to the 35-37-39 Lyford Drive Precise Plan (PD #35) to create three (3) separate condominium parcels to allow separate ownership of each of the existing single-family dwellings at 35-37-39 Lyford Drive; and WHEREAS, after receiving public testimony and considering the application (File # PDPA2015003) at that hearing, the Planning Commission adopted Resolution No. 2015-12 recommending to the Town Council that the precise plan amendment be approved; and WHEREAS, on January 20, 2016, the Town Council held a public hearing on this application and after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment to create three (3) separate condominium parcels to allow separate ownership of each of the existing single-family dwellings at 35- 37-39 Lyford Drive would be consistent with the overall intention of the 35-37-39 Lyford Drive Precise Plan and the policies contained within the Tiburon General Plan; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 (k) of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the 35-37-39 Lyford Drive Precise Plan, subject to the following conditions: 1. The property lines for the three residential lots for the property at 35-37-39 Lyford Drive shall be amended as reflected on the drawing labeled Exhibit -2, prepared by Meridian Surveying Engineering, Inc., dated October 26, 2015. 2. This approval shall in no way alter other provisions of the 35-37-39 Lyford Drive Precise Plan not specifically modified herein. EXHIBIT NO. ' TIBURON TOWN COUNCIL RESOLUTION NO. (Draft) -2016 1/20/2016 1 PASSED AND ADOPTED at a regular meeting of the Town Council on January 20, 2016, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ERIN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL EXHIBIT NO. 1 RESOLUTION NO. (Draft) -2016 1/20/2016 2 0, 70,6 Id\ TOWN OF TISURON D , ,qac; LAND DEVELOPMENT APPLICATIO ► o Conditional Use Permit Precise Development PlanAmend o Secondary Dwelling Unit o Zoning Text Amendment o Rezoning or Prezoning o General Plan Amendment o Temporary Use Permit TYPE OF APPLICATION o Design Review (DRB) , o Design Review (Staff Level) o Variance(s) # o Floor Area Exception o Tidelands Permit o Sign Permit o Tree Permit o Tentative Subdivision Map o Final Subdivision Map o Parcel Map o Lot Line Adjustment )4.. Condominium Use Permit o Seasonal Rental Unit Permit o Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: 9f1, "31 L' fw At) •bR. • PARCEL NUMBER: d S • ' v 1.41 PROPERTY SIZE:11,,Int S '& ZONING: rP b PROPERTY OWNER: NG111e DS'W 0/41 LAclb dam pART. MAILING ADDRESS: tvis.c.a i ti -N ht'E tt, CA PHONE/FAX NUMBER: 4I • A • °2-441 E-MAIL: Mei' 64 299 a aol.com APPLICANT (Other than Property Owner) : MAILING ADDRESS: PHONE/FAX NUMBER: E-MAIL: ARCHITECT/DESIGNER/ENGINEER Mtc•WAZ &C#14 -ti AN N MAILING ADDRESS: Ifo ?sob TIS Ousib. 17 Tie m , c,. 1,491,15 * • 40)5.2.41 43'5•`115E -MAIL: insa-W►ikN�r�i'tech iPtk t►G, PHONE/FAX NUMBER. � Please indicate with an asterisk (*) persons to whom Town correspondence should be sent. BRIEF DESCRIPTION ReOseparate sheet c.ottbtMtttM I H1 -re) Oath/EAT jPire-vutq o co 1)"114t.l. '(7 •o u P- f t TV- p1 -Re-' L 5 total- c.o H M ot1 AsGG 5j S b p•IY_ EXHIBIT NO. 2 R ire I, the undersigned owner (or authorized agent) of the property herein describe., hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval) inc ding, will\out limitation, any award of attorney's fees that might result from the third party challenge. ( r1 Signature:* Date: 0" ` 15 The property involving this permit request may be subject to deed restrictions called Covenants, Conditions and Restrictions (CC&Rs), which may restrict the property's use and development. These deed restrictions are private agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such restrictions are NOT considered by the Town when granting permits. You are advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate homeowners ass ciation and adjacent neighbors about your project prior to proceeding with construction. Following this pr ce ireflwill it nhze the potential for disagreement among neighbors and possible litigation. Date: l d' 1 « `� Signature:* *If other than owner, must have an authorization letter from the owner or evidence of de facto control of the property or premises for purposes of filing this application NOTICE TO APPLICANTS Pursuant to California Government Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general (non -parcel -specific), proposals to adopt or amend the General Plan, Zoning Ordinance, Specific Plans, or an ordinance affecting building or grading permits. If you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration of the time period requested for receiving such notices. The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application. Requests should be mailed to: Town of Tiburon Community Development Department Planning Division 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435-7390 (Tel) (415) 435-2438(Fax) www.townoftiburon.org DO NOT WRITE BELOW THIS LINE D! IJ OCT 0 1 'cO1� DEPARTMENTAL PROCESSING INFORMATION -1.- .GP Desi nation Fee Deposit:• 3060 Appl><cation No : p. I2.1331 00 Date Received Received By Receipt #: 0,66 a3 Date Deemed. Complete BY. Acting Body: Action Date: Conditions of Approval or Comments: Resolution or Ordinance :# t"TuTUTT 'NM Z P. z�r8 ljt_ 51Y� r 1i OCT 01 2015 L' Oakcreek Townhomes (35, 37, 39 Lyford Dr.) 9/24/15 Project Description The applicant is Richardson Bay Land Co., a California corporation. The property is located on Lyford Dr. directly behind Reed School to the northeast. The property is currently a single parcel of land consisting of approximately 1.7 acres. There are three separate houses with attached garages, as well as a separate two-story garage/storage structure that includes four enclosed parking spaces and storage space. A large portion of the property is dedicated as an Open Space Easement in favor of the Town of Tiburon. The area behind the houses, on the western side of the property, is subject to a Pedestrian Passage Easement. The original parcel was originally conceived as a planned unit development in 1974 to cluster the buildings to allow a significant portion of the property to be preserved as open space. The buildings were positioned on the lower, southwest section of .9 acres allowing the upper, northeast section of .8 acres to be retained as open, undeveloped land. Applicant now wishes to amend the precise development plan and obtain a condominium use permit to allow for the subdivision of the property into three separate condominium units and a common area, as shown on the site plan included with this submittal package. Each condominium unit will include the residence and all other improvements and yard areas within the lateral boundaries of the units. The common area includes the garage/storage building, a shared driveway and surrounding landscaped areas. The common area also includes the portion of the property subject to the Open Space Easement, which easement will remain in place and unaffected by the subdivision of the property into condominiums. The Pedestrian Passage Easement also will remain in place and unaffected. Subdivider's Program No sales of any of the proposed separate parcels are planned at this time. EXHIBIT NO. 2, 3oF Current Tenant Status 35 Lyford - Two adults and one minor. Alfred Russo, Maria Elena Russo, Mari Russo, $3,200 per month rent, Month-to-month tenancy 37 Lyford - One adult and two minors. Guillerault Manacorda, $3,100 per month rent, Month-to-month tenancy 39 Lyford One adult and three minors. Nicholes Weiksner, $4,500 per month rent, Month-to-month tenancy Tenant Noticing All tenants were given notice of the intended filing of this application by prepaid U.S. Mail on 4/29/15 and the 60 day period expired on 6/28/15. Building Inspection A thorough, professional inspection of all the structures was done on April 16, 2015 by certified inspector Ed Gibson of Homestead Property Inspection Inc. and his report is attached hereto. The structures were also inspected by the Town of Tiburon head building inspector, Clay Salzman, on June 9, 2015. i;_ '. , is GCS 01 `t015 EXHIBIT NO. Oakcreek Town homes FLOOR AREA CALCULATIONS OWNER: RICHARDSON BAY LAND CO. APN: 058-301-49 35 LYFORD DR HOUSE: 1,375 SQ. FT. GARAGE: 405 SQ. FT. 35 LYFORD DR HOUSE: 1,525 SQ. FT. GARAGE: 384 SQ. FT. 35 LYFORD DR HOUSE: 1,984 SQ. FT. GARAGE: 350 SQ. FT. GARAGE GARAGE: 840 SQ. FT. STORAGE: 560 SQ. FT. 8/2 4/1 5 EXHIBIT NO. 2)- Oakcreek Townhomes LOT COVERAGE CALCULATIONS OWNER: RICHARDSON BAY LAND CO. APN: 058-301-49 TOTAL LOT AREA: 73,864 SQ. FT. A. Buildings (Residences & Garages) 35 Lyford Dr 37 Lyford Dr 39 Lyford Dr 4 -Space Parking Structure TOTAL B. Guest Parking (Concrete Apron) 1,768 SQ. FT. 1,243 1,400 852 5,263 SQ. FT. = 663 SQ. FT. C. Auto Circulation Areas (Driveway) 4,412 SQ. FT. D. Open Space Buildings Guest Parking Auto Circulation TOTAL E. Number of Parking Spaces - Covered Parking: - Open Parking: 5,263 663 4,412 63,526 SQ. FT. = 7 2 August 24, 2015 7.1 % 0.9 % 5.9 % 86.1 % EXHIBIT NO. RICHARDSON BAY LAND COMPANY Merlin299@aol.com PO. Box 761 Belvedere, CA 94920 Phone (415) 435-2439 Fax (415) 435-3166 p C�C�C�OdA� OCT 26 Z015 PLANNING DIVISION Re: Program to Accommodate Existing Tenants October 21, 2015 The subject property has been in the family owned Richardson Bay Land Company since 1962. During that time various family members have lived in the houses. The separation of the houses is part of long-term family estate planning process. There are no plans for the sale of the town houses and it is the intent of the Richardson Bay Land Company to continue to rent or have family occupy the units. The Richardson Bay Land Company will agree not to sell the properties to third parties for 5 years. In the event of a sale to non -family members which requires possession of the premises, the Richardson Bay Land Company is willing to provide the following: 1. Relocation assistance in the amount of $2,500, 2. Priority in leasing other housing owned by the Richardson Bay Land Company. 3. A first right of refusal to the existing tenant at the list price of the particular unit occupied by the tenant at the time of sale. EXHIBIT NO. f_ `v7 6F 11E©E 0 VE DLL, 0 3 2015 PLANNING DIVISION I have reviewed the plans of the Richardson Bay Land Company to change the three townhouses at 35, 37 and 39 Lyford Drive into seperate ownerships lots per its application of a Use Permit. I support the application. -6(k,O ..E/ //5-0,7 at 7 5 Round Hill Road at Round Hill Road ,5d4Uat at Round Hill Road - 'V at Round Hill Road—re `�_..(j_ ---, at _) Round Hill Road at Lyford Drive 1 c%G /4V at �,' Lyford Drive �I at ZCv Lyford Dr vi e at Lyford Drive at Lyford Drive at Lyford Drive EXHIBIT NO. -ice g opa RESOLUTION NO. 2015-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE 35-37-39 LYFORD DRIVE PRECISE PLAN (PD #35) ON PROPERTY AT 35-37-39 LYFORD DRIVE ASSESSOR PARCEL NO. 058-301-49 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received and considered an application filed by Richardson Bay Land Company for an amendment to the 35-37-39 Lyford Drive Precise Plan (PD #35) to create three (3) separate condominium parcels to allow separate ownership of each of the existing single-family dwellings at 35-37-39 Lyford Drive. The application consists of the following: 1. Application form and supplemental materials, dated October 1, 2015 2. Site Plan, Floor Plans and Elevations, dated October 26, 2015 B. The Planning Commission held a duly -noticed public hearing on December 14, 2015, and heard and considered testimony from interested persons. C. The Planning Commission finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 (k) of the CEQA Guidelines. D. The Planning Commission finds based upon application materials and analysis presented in the December 14, 2015 Staff Report, as well as visits to the site and testimony received from the applicant, that the project is consistent with the intent of the 35-37-39 Lyford Drive Precise Plan. E. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan Housing Element Policy H -C2 (Condominium Conversions) states that "except for limited equity cooperatives and other innovative housing proposals which are affordable to lower income households, the Town will prohibit conversion of existing multi -family rental dwellings to market rate condominium units unless the Town's rental vacancy rate is above 4.5 percent." This policy is intended to protect the conversion of such apartment buildings into condominiums, rather than preventing conversion of the few clustered single-family residential projects in Tiburon. The proposed project would appear to be consistent with the intent of the 35-37-39 Lyford Drive Precise Plan, as the project would not alter the relationship of the existing homes to other nearby land uses, but would make the proposed individual home ownership more consistent with other individually -owned single-family lots in the vicinity. TIBURON PLANNING COMMISSION RESOLUTION NO. 2015-12 DECEMBER 14, 2015 1 EXHIBIT NO. 3 Section 2. Recommendation for Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the precise plan amendment for the property at 35-37-39 Lyford Drive to the Town Council, subject to the following conditions: 1. The property lines for the three residential lots for the property at 35-37-39 Lyford Drive shall be amended as reflected on the drawing labeled Exhibit -2, prepared by Meridian Surveying Engineering, Inc., dated October 26, 2015. 2. This approval shall in no way alter other provisions of the 35-37-39 Lyford Drive Precise Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on December 14, 2015, by the following vote: AYES: COMMISSIONERS: KULIK, CORCORAN, WELLER AND WELNER NAYS: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WILLIAMS DAVID KULIK, CHAIRMAN TIBURON PLANNING COMMISSION ATTEST: DANIEL M. WATROUS, SECRETARY \shared\Planning\Planning Commission\Resolutions\201512015-12: 35-37-39 Lyford Drive PP Amendment TIBURON PLANNING COMMISSION RESOLUTION NO. 2015-12 DECEMBER 14, 2015 2 EXHIBIT NO. 3 The public hearing was opened. Ian Altman said that his home is directly uphill from the project. He asked about the height of the retaining wall and for information about its engineering. He said that there was no evidence of any screening landscaping and said that he would prefer more privacy from his detached studio building. Ms. O'Malley noted that the plans call for a wall height of 4 feet, 2 inches. Mr. Watrous added that since Mr. Altman is uphill from the site, he would just see the top of the wall. Mr. Altman said that he would see some of the lawn area. Commissioner Weller asked if it was possible for Mr. Altman to install his own landscape screening. Mr. Altman said yes, potentially. Mr. Burdick stated that they will be working on engineering for the retaining wall. He offered to provide further screening such as a small fence or wall that would go on top of the retaining wall or a couple of bushes and said that he was open to working with his neighbor. Commissioner Weller asked why artificial grass was proposed as opposed to natural turf. Mr. Burdick said that he was excited about the use of artificial grass because it does not require water, given the drought and that over time artificial grass has improved in its quality. The public hearing was closed. Commissioner Welner supported the project, stating that the Planning Commission's role is to ensure the project is consistent with the intent of the precise development plan and General Plan, which it is. Commissioner Corcoran concurred with Commissioner Welner and said that the project would not have a significant impact on surrounding properties and appeared to be one of the few spots on the lot where a flat outdoor space could be created. Commissioner Weller and Chair Kulik both concurred. Chair Kulik added that the applicant is amenable to adding vegetation for blockage and said that he could find the project consistent with the precise development plan and the General Plan. ACTION: It was M/S (Welner/Corcoran) to adopt the resolution recommending approval of the amendment to the Cypress Hollow Precise Development Plan to the Town Council. Motion carried: 4-0. 3. 35, 37 & 39 LYFORD DRIVE: File #s PDPA2015003 & CUP2015005; Request to amend the 35, 37 & 39 Lyford Drive Precise Plan (PD #35) and approve a Condominium Use Permit for the division of the single parcel into separate lots for each of the three detached dwelling units on the property; Richardson Bay Land Company, Owner/Applicant; Assessor's Parcel No. 058-301-49 TIBURON PLANNING COMMISSION DECEMBER 14. 2015 MINUTES NO. 1059 DRAFT PAGE 1214 EXHIBIT NO. Planning Manager Watrous gave the staff report, stating that the amendment seeks to create three (3) separate condominium parcels to allow separate ownership of each of the existing single- family dwellings. The Precise Plan was originally approved in 1974 to develop a 1.7 acre parcel with three detached single-family dwellings that are clustered at the southern end of the site. Each dwelling contains an attached one -car garage and a separate detached 4 -car garage is shared by the three residences. An open space easement deeded to the Town of Tiburon covers the northern portion of the site. Mr. Watrous said this is a slightly unusual version of cluster development that did not create separate parcels. This type of development fell out of fashion in development circles and does not exist elsewhere in Tiburon. The proposed project would make it more akin to what is a typical Precise Development Plan with individual lots and individual homeowners, and no physical changes are proposed for the property. Staff recommended that the Commission hold the public hearing on this item adopt the resolution recommending conditional approval of the Precise Plan amendment and the resolution approving the condominium use permit. Commissioner Weller asked why the project was for condominiums as opposed to a planned unit development, as condominiums normally have ownership of air space rights and common ownership of structures. Mr. Watrous said that the application was for detached condominiums, as there were no air space issues but a situation where both the open space parcel and of the detached garage would be shared by the different property owners. He added that creating individual lots with individual setbacks is difficult when the homes have been clustered so closely and this would make more sense than to try to create building envelopes where homes are already so close to each other. Commissioner Corcoran said there was discussion that the applicants have agreed to give existing tenants first right of refusal to purchase the dwellings and provide relocation assistance, but this was not in the resolution. Mr. Watrous said that these items were volunteered and not necessarily something the Town specifically requires. He explained that staff usually asks for information in this process as to what the applicant is proposing to do in terms of future home sales, but the Town has not made this a specific requirement. Commissioner Weller asked if the Town has a methodology for ensuring that when CC&R's are created there is a mechanism to ensure that sufficient financial responsibility and maintenance responsibility relating to the common areas will be implemented. Mr. Watrous said that he was not sure if the Town would require that level of financial information, but does review the CC&R's to ensure there are provisions for maintenance aspects. Mr. Anderson added that there is a requirement also that the Town has the ability to make the repairs and bill them to the homeowners if for some reason the owners fail to maintain the common area. Andrew Allen, applicant, stated that he and his wife are the owners of the Richardson Bay Land Company. He thought that the staff report was thorough and they were available to answer any questions. He said that they submitted CC&R's which contain maintenance provisions. TIBURON PLANNING COMMISSION DECEMBER 14, 2015 MINUTES NO. 1059 DRAFT PAGE 13 EXHIBIT NO. Chair Kulik asked how the 4 -space parking building would be divided. Mr. Allen said that each of the 3 houses will get one garage space and the 4` space would be reserved for storage of condominium tools and maintenance equipment. Chair Kulik opened the public hearing. There were no speakers and he closed the public hearing. Commissioner Corcoran found that the project was consistent with the intent of the original precise plan and in keeping with the General Plan. Commissioner Weller agreed and said that the division of this project into 3 single-family ownership interests was a legitimate request, was consistent with the intent of the precise plan and all other requirements of the Town. Commissioner Welner and Chair Kulik concurred. ACTION: It was M/S (Welner/Weller) to adopt the draft resolution recommending conditional approval of the Precise Plan amendment to the Town Council. Motion carried: 4-0. ACTION: It was M/S (Weller/Corcoran) to adopt the draft resolution approving the condominium use permit. Motion carried: 4-0. 4. CIRCULATION ELEMENT UPDATE: Consider recommending to the Town Council adoption of an updated Tiburon General Plan Circulation Element; Consideration of a Negative Declaration of Environmental Impact Director of Community Development Anderson gave the staff report, stating the Town adopted its current Circulation Element in 2005. In 2014, the Town retained the consulting firm of Nelson -Nygaard Consulting Services to assist it with a comprehensive update of this element. Later than year the Town Council adopted limited amendments incorporating "complete streets" concepts in to the element as required by state law. Mr. Anderson stated Project Manager Brian Canepa is present and has been extremely helpful to staff in all aspects of the update including the traffic model, performing and analyzing traffic counts, and other tasks that staff does not have the expertise to perform. He said that one reason for the element's update was the worsening peak hour traffic occurring on Tiburon Boulevard over the past several years. It was hoped that this update process would potentially identify some additional methods of easing congestion to augment what the CART (Community Action to Reduce Traffic) Committee had come up with after its two-year long process when they released their summary report in 2013. As part of the Circulation Element update, the consultant performed extensive traffic counts and intersection analyses, updated the Town's traffic model and projected future conditions. These tasks were completed prior to the launch of the Yellow School Bus Challenge 2.0. Early evidence suggests there has been a substantial improvement in traffic flow along the boulevard during peak hours since that program went into effect. TIBURON PLANNING COMMISSION DECEMBER 14.2015 MINUTES NO. 1059 DRAFT PAGE EXHIBIT NO.