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HomeMy WebLinkAboutTC Agd Pkt 2004-02-26 TOWN OF TIBURON Special Meeting Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 )(~//li( (!c7/'Y "(/ February 26, 2004 7:15 PM -Interview 7:30 PM - Meeting 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 Town Clerk at (415) 435-7377, 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 all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www/tiburon/oro/oovernment. 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 send 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 5 days before the meeting, Requests should be sent to the Office of the Town Clerk at the above address, PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items, If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s), TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear ali items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda, " Agenda - Town Council Meeting February 26, 2004 Page 2 of 3 '\'-\ AGENDA INTERVIEW . Liz Bird, 2205 Paradise Drive CALL TO ORDER AND ROLL CALL Council member Gram, Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now, Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda, Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration andlor placed on a future Town Council meeting agenda, Please limit vour comments to no more than three (3) minutes, CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the public, staff or Town Council that an item be transferred to the Regular Agenda for separate discussion and consideration, Likewise, any item on the Regular Agenda may be moved to the Consent Calendar. If you would like to speak on any of these items on the Consent Calendar below, please do so now, 1, Approval of Town Council Minutes - February 4, 2004 2, Recommendation by Director of Administrative Services - Authorize Request for Proposal for Town Auditor Services ' 3, Recommendation by Town Manager - Request from the Estate of Solomon M, Martin to Transfer Funds to Landmarks' Society APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 4, Design Review Board Vacancy PUBLIC HEARING 5, Report by Advance Planner - Goal, Policy and Program Refinement of Open Space and Conservation Element of the Tiburon General Plan " Agenda - Town Council Meeting February 26, 2004 Page 3 of 3 6, Report and Recommendation by Town Council Downtown Art Project Subcommittee- Proposed Project Parameters and Process 7, Recommendation by Director of Public WorkslTown Engineer - Adoption of Drainage Impact Fee for New Development Projects 8, Appeal of Design Review Board Decision - Approval of Site Plan and Architectural Review for Construction of new Single Family Dwelling at 4 Cazadero Lane Assessor's Parcel No, 059-032-19 Applicants: Jeff & Kari Cusack Appellants: William & Helen Lindqvist, 3 Cazadero Lane COUNCIL COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - February 6, 2004 Town Council Weekly Digest - February 13, 2004 Town Council Weekly Digest - February 20, 2004 ADJOURNMENT UPCOMING AGENDA ITEMS - Note: These items are tentative until thev aDDear on the final aaenda, . Policy regarding Usage of Shoreline Park for Special Events - (March 3) . Special Event Permit Application for April 2004 Classic Car Show - (March 3) . Amendment to High Meadow Lane Precise Plan Amendment; One High Meadow Lane - (March 3) . Amendments to PERS Contract - (March 3) . Proposed Skatepark Site Analysis - (March 17) . Discussion of Proposed Solar Panels on Town Hall- (March 17) . Direction to Town Manager re: Tiburon Police Association Negotiations - (March 17) . Transportation Sales Tax Expenditure Plan - (March 17) . Presentation of Capital Improvement Project Budget - (March 17) . Approve Contract for 2003/04 Street and Drainage Rehabilitation Project - (April) . Update Schedule of Fines . Proposed Pilgrim Heights Undergrounding District . Proposed Erosion and Siltation Control Ordinance . Revised Road Impact Fee Schedule . Raccoon Lane Undergrounding Utilities District . Appeal of Planning Commission Decision to Deny an Application to Amend the Cypress Hollow Precise Development Plan to amend a building envelope at 65 Monterey Drive; Applicant/Appellant Eckhard Evers ." e e . :1lJ~ Iv~ ( TOWN COUNCIL MINUTES CALL TO ORDER ",." '''__'._'~'__-;::::-;''''_H_-:-_-........... Mayor Fre?5ricks called the regulaf'm~ng ofth: Tiburon To\yn Cou~cil to order at 7:39 p,m, on Wed1].eSday, February 4,2004, In Towp Councll Chambers, 1505 Tlburon Boulevard, Tiburo 'California, " ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Attorney Danforth, Director of Community Development Anderson, Chief of Police Odetto, Police Lieutenant Hutton, Director of Administrative Services McVeigh, Administrative & Financial Analyst Stott, Town Clerk Crane lacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Siciliano v, Town o{Tiburon ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Fredericks said that no action was taken in closed session, ORAL COMMUNICATIONS Tom O'Neill, 2205 Mar East Street, said he was the founder and coordinator of the Tiburon Classic Car Show, Mr, O'Neill said that he had applied for a special event permit from the Town for this year's show and had also talked with Larry Smith about the possibility of staging it the same weekend of the Town's 40tl1 Anniversary Celebration in May, Mr, O'Neill asked that the Council agendize his permit application for further discussion, CONSENT CALENDAR 1. Approval of Town Council Minutes - January 21,2004 Town Council Minutes # 03-2004 February 4, 2(1)4 Page J " 2, Recommendation by Directo~ of Administrative Services - Accept Town Investment Summaries a) November 2003 b) December 2003 e 3, Reeommendation by Director of Administrative Services - Authorize Town Manager & Director of Administrative Services to Execute Agreement with Smith, Barney,for Investment Services a) A Resolution of the Town Council of the Town ofTiburon Authorizing the Town Manager and Director of Administrative Services to Establish an Investment Account with Smith Bamey Citigroup for the Purpose ofInvesting Town Funds MOTION: Moved: Vote: To adopt Consent Calendar Item Nos, 1 through 3, above, Smith, seconded by Berger AYES: Unanimous REGULAR AGENDA 4, Recommendation by Town Clerk - Appointments to Town Boards, Commissions & Committees a) Reappointment of Commissioners who have served less than two years . Planning Commission - Dick Collins . Design Review Board - Bill Teiser & Emmett O'Donnell . Heritage & Arts Commission - Patricia Navone . Jt. Recreation Committee - Tara Sullivan e b) Reappointment of other Commissioners whose terms are expiring on 2/29/04 . Parks & Open Space Commission - Margo Zender c) Status of Current or Pending Vacancies on Town Boards, Commissions& Committees . Desih'Il Review Board . Parks & Open Space Commission . Belvedere- Tiburon Library Agency Board of Dircctors . Tiburon Ecumenical Association/Hilarita Board of Directors d) Town Council Appointment to Tiburon Peninsula Chamber of Commerce Downtown Economic Development Committce Town Council Minutes # 03-]()()4 Fehruary 4, 211114 Pagel, ~ , . . . Town Clerk Cranc lacopi gavc thc report, dctailing the current vacancics on Town Boards and Commissions and who had applicd to fill thcse vacancies (Jim Hermann and Liz Bird). Cranc lacopi stated that all ofthe current commissioncrs whosc tcrms werc cxpiring at thc end of February had indicated their interest in reappointment. In addition, she said that there were pending vacancies on thc Bc1vedere- Tiburon Library Agency Board, and a vacancy on thc Hilarita Board of Directors for a Town appointee, a position previously held by Hank Bruce and which architect Michael Heckmann, through the Rotary Club, had indicated an interest in filling. Vice Mayor Berger said that Mr. Heckmann would makc an cxcellent Town representative to the Board, The Town Clcrk said that an interview had been scheduled with the Council and Desil,'11 Rcvicw Baord applicant Liz Bird on February 18, and that a Notice of Vacancy would bc publishcd for the Hilarita Board vacancy. Mayor Frcdcricks also noted that the Council would make an appointment to the Downtown Economic Development Committee, as requested by the Chamber of Commerce, MOTION: Moved: Votc: To reappoint the Commissioners whose terms are expiring listed in Item a) abovc, Bergcr, sccondcd by Slavitz AYES: Unanimous MOTION: I Moved: Vote: To rcappoint Margo Zender to the Parks & Open Space Commission, Smith, secondcd by Slavitz AYES: Unanimous MOTION: Moved: Vote: To appoint Jim Hermann to the Parks & Open Space Commission Slavitz, seconded by Gram AYES: Unanimous MOTION: To appoint Vice Mayor Bergcr to the Chamber of Commerce Commerce Downtown Economic Development Committee Frcdcricks, scconded by Slavitz AYES: Unanimous Moved: Vote: 5. Presentation by Chief of Police - Annual Rcport ofTiburon Policc Departmcnt Chief Odctto gave the report, which he said had been preparcd by Lieutenant Dave Hutton, During the presentation, the Chief acknowlcdgcd all thc mcmbcrs of thc Tiburon Police Dcpartment, sworn and unsworn, including a numbcr ofvoluntccrs,' Hc rcvicwcd thc Values Statement with the Council and gave highlights of the previous year's accomplishments and statistics, Town Council Minutes # 03-2()()4 F ehruary 4. 2004 Page 3 , Highlights includcd thc statistic that thc department received and responded to an average of 8,000 calls per year. Odetto said that monthly reports of Police Department activities also appcared in thc Town Council Digcst. . The Council expressed their h'fatitude to the Chief and his department and asked a numhcr of questions, Thc Council encouraged mcmhcrs ofthc department to continue their safety proh'fams and,presence at the local schools; also to continue the "friendly outreach" aspect of policing which would help residents feel that the policc werc rcally part of thc community, PUBLIC HEARING 6, Recommendation by Town Attorney - Proposed Ban of Personal Watercraft in Town Waters Second Reading and Adoption o(Ordinance a) An Ordinance ofthc Town Council ofthe Town of Tiburon ' Adding Chaptcr 33 to the Town Code Pertaining to the Regulation of Motorized Personal Watcrcraft within all Shorclinc Waters and Estuaries of the Town of Tiburon Town Attorncy Danforth said that thc ordinance had heen amcnded since the prcvious hearing to includc the expanded dcfinition of personal watercraft regardless of whether they seated one or more persons, . Councilmcmher Gram askcd for clarification on the resolution of the lawsuit filed against the County of Marin aftcr adoption of its ordinance, The Town Attorney said that while the "facial challenge" to the law was rejected by the Court of Appeal, the County had yet to face an "as applied" challenge, In responsc to a question from Councilmcmhcr Smith, Dant()rth said that cven though thc Town would look to thc County for cnforccment of its ordinance because it did not have the resourccs to do so, it would still he suhject to litigation, if adopted, Vicc Mayor Berger said that hc had announccd at thc North Bay Lcaguc ofCalit()rnia Cities meeting that Tiburon would be "taking the lead" in adopting a local ordinance banning personal watercraft which he said met with a positive response, Mayor Fredericks opcned the public hearing. Petcr Kilkus, member of the San Anselmo Town Council and self-described "jet ski fan." read from a Icttcr hc suhmitted into the record which statcd the rcasons for his opposition to the han, Town COll!U;i! Alinules # 03-2()()4 FchruwT 4. 2(J()4 Page 4 . " e e . Mr. Kilkus said the primary rcasons wcrc bascd on a Jack of accurate scientific data and the principlc offairncss, He said that jet skis were being unfairly blamed for a disproportionatc amount of water pollution; that thcy did not pollute morc than other vessels, and were as quiet or quietcr than motorboats, He also said that jet skis were not inherently unsafe, as claimed by proponcnts of the ban, Mr. Kilkus statcd that somc National Park and Recreation Areas which had previously banncd, personal watercraft now had decisions under revicw to'let thcm back in. Mr. Kilkus asked that the Council consider instituting a "buffer zone" rather than a total ban of , jet skis in Tiburon waters, and to form a subcommittee to further study the issue, He said that the lawsuit against the County was legally, but not practically, rcsolvcd and that some of the findings stated in the County's ordinance were ':just plain silly," He encouraged the Council to write a "better" ordinance. Councilmembcr Slavitz rCffiarkcd on the difficulty of enforcement if the Town were to adopt a partial rather than total ban, which differed from the County's ordinance, In his reply, Mr, Kilkus said that the Sheriffs department knew the value of personal watcrcraft [to law enforcement], and that at any nite, people acting irresponsibly could be dealt with, In fact, he said that the harassment of wildlife by operators of jet skis would be a violation of thc Marine Mammal Act, legislation already in existence, According to Mr. Kilkus, all that would be required for enforcement of violations would be to put out buoys to keep jct skis out of certain areas, and write down the vehicle license number and confiscate the vessel of the violators, Carl Schneebeck, representing the Blucwater Network, told thc Council that people all across the Country supported thc ban of personal watercraft, Mr. Schneebeck said that ofthc 80 National Parks with waterways, only three allowed the operation ofjct skis, Howcvcr, he said that 10 of the parks did have dccisions pcnding on whether or not to allow jet skis back in. He said that thcse decisions were based on "political" rather than scicntific rcasons, He quoted from the dratl Environmental Impact Rcport with rcgard to this review on Lake Mead, which stated that jet ski uscrs in that arca avcraged 5,2 hours of operation per day and discharged large amounts of unused fucls pcr day into the water. Mr. Schnecbcck said that the work of his organization (Bluewater Network) had hclped get "clcaner machines" on the market, but that the inboard versus carborated engine debate did not address the issue of disruption of shorclinc wildlife habitat, and that even small amounts of pollutants were shown to bc disruptive to the immune and reproductive systcms of invertebrates and marine mammals, Town Council Minutes tI 03-2()(J4 FehnlaJ:V 4. 2()()4 Page 5 , Mr. Schnecbcck said that a previous reference to the "vagueness" of the County's ordinance had to do with the patchwork jurisdictional boundaries in Marin County rathcr than thc vagueness of the law itsclf. With rcgard to enforccmcnt, hc said that placing si!,'Ilagc at takeout areas would be helpful. . Finally, he told the Council that the "silent majority" in this matter were the passive recreational users ofthe shorelinc arcas and he encouraged the Council to listen to thcir constitucnts who had spokcn in favor of adoption of the ban, Sean Smith, Bluewatcr Nctwork, addressed a question rrom Councilmember Gram about noise lcvcls of two-stroke versus fClUr-stroke models. He said that while the newer models werc quieter, the kind of noise created by [both kinds of] jet skis that peoplc found so annoying was the constant and repetitivc changc of pitch, Mr. Smith said that the environment ofTiburon was more similar to the Gulf of the Farallones rathcr than Lake Powell or Lake Mead, He said that the National Oceanic and Atmospheric Administration had rcjected all arguments in favor of jet skis in the Gulf, stating that "a total prohibition would be necessary to adequately protect Sanctuary resources," Smith said that the National Park Service study on Lake Mead stated that 27,000 gallons offuel rrom the operation of jet skis was dumped into thc watcr on a typical wcckcnd, and he also quoted rrom a San Diego County Grand Jury Report which estimated the amounts dumped into Mission Bay on a typical weekend, e In conclusion, Mr. Smith said that the benefits of the machines [jet skis] were minimal compared to the adverse impacts they had on thc cnvironment. Vice Mayor Berger further explored the difference between the communitics in the lake arcas (Mcad and Powcll) and Tiburon, Mr. Smith pointcd out that most pcoplc had an cxpectation of somc sort ofrccrcational and seasonal use in those areas while thc people in Tiburon had mOfC of a "direct interaction with the Bay," Mayor Fredericks closcd thc public hcaring, In response to a question from CouncilmemberGram with regard to the County's total prohibition of jet skis, Town Attorncy Danforth said that thc Town Council had at an earlier meeting had discussed thc possibility offuturc amcndmcnts to an ordinancc ifnoisc and pollution issucs rrom thc operation ofthcse machines wefe adequately addressed, MOTION: Moved: Vote: To read ordinance by title only, Smith, seconded by Berger AYES: Unanimous Town Council Mimlles # 03-2()()4 Fchrumy 4, 2()(J4 I'agc (i . " , e . e Mayor Fredericks read, "An Ordinance ofthe Town Council of the Town ofTiburon adding Chapter 33 to the TibuTOn Municipal Codc Pertaining to thc Rcgulation of Motorized Personal Watercraft within all Shoreline Waters and Estuaries of the Town of Tiburon," MOTION: Moved: Vote: To adopt above ordinance. Berger, sccondcd by Slavitz A YES: Berger, Fredericks, Gram, Slavitz, Smith COUNCIL COMMITTEE AND COMMISSION REPORTS Mayor Fredericks said that the League of California Cities would hold a prcss conference the following week with regard to its upcoming ballot mcasure, WRITTEN COMMUNICATIONS Town Couneil Weekly Digest - January 23,2004 Town Council Weekly Digest - January 30, 2004 ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Fredericks adjourn cd thc mccting at 8:38 p,m" sine dic, ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes I-!- 03-2()()4 Pehru.a/~F 4, 2004 Page i " e . e Town of Tiburon STAFF REPORT . . ._ ~~~Ii'Qf T~lv,~ -::;:: .3~ ('\~;e-',~ '<,~:~.~ "'o<'.';'~~ "- .'.1: Ii'Nijf11fc.. "'. , . .. AGENDA ITEM :1.." TO: Mayor and Members of the Town Council Heidi Bigall, Director of Administrative Services ~ Request for Proposal - Independent Auditing Services ~ February 26, 2004 REVIEWED BY:~ FROM: SUBJECT: MEETING DATE: For the past six fiscal years, the Certified Public Accounting firm of Odenburg, Ullakko and Muranishi has served as the Town's and the Redevelopment Agency's independent auditors, While the Town has been very pleased with this relationship, it is sound fiscal policy to replace CPA firms at least every five years. The Town should undertake a full-scale competitive bid process for the selection of a new independent auditor. It is further suggested that the Town enter into multiyear agreements up to five years in duration when obtaining the services of independent auditors, Multiyear agreements allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit. This can also help to reduce audit costs by allowing auditors to recover certain "start-up" costs over several years, rather than over a single year. Staff has prepared the attached Request for Proposal for independent auditing services for a minimum of three consecutive years with an option to extend the contract an additional two years, It is anticipated that the Town Council would award the contract to the successful auditing firm at their regular meeting of May 19, 2004, Recommendation It is recommended that the Town Council review and accept the RFP for auditing services and direct staff to solicit proposals from certified public accounting firms, Exhibit TOWN OF TIBURON e REQUEST FOR PROPOSAL -INDEPENDENT AUDITING SERVICES I, INTRODUCTION A. General Information The Town ofTiburon and Tiburon Rcdevelopment Agency are requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal years ending June 30, 2004, 2005 and 2006, with thc option of auditing its financial statemcnts for each of the two subsequcnt years, These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Officc's (GAO) Government Auditing Standards, the provision of the Fcderal Single Audit Action of 1996 and U.S, Office of Management and Budget (OM B) Circular A-133, Audits of State, Local Govemments, and Non-Profit Organizations and the proccdures contained in the publication Guidelines for Compliance Audits of California Redevelopment Agencies (1996) as promulgated by the Controllcr of the Statc of California. There is no expressed or implied obligation for the Town of Tiburon to reimburse responding firnls for any expenses incurred in preparing proposals in response to this request. To be considered, seven (7) copics of a proposal must be rcceived by Hcidi Bigall, Dircctor of Administrative Services, Town ofTiburon, 1505 Tiburon Boulevard, Tiburon, CA 94920, by 5:00 p,m, _ on April 2, 2004, The Town of Tiburon reservcs the right to reject any or all proposals submitted, _ The individual or firm receiving the contract shall procure and maintain, for the duration of thc contract, insurance against claims for injuries to persons or damages to property that may arisc from or in connection with the performance of the work hereunder by the consultant, thcir agents, rcpr<;,sentativcs, employees or subcontractors, The cost of such insurance shall be included in thc consultant's proposal. During the evaluation process thc Town reservcs the right, where it may serve the Town ofTiburon's best interest, to request additional informatio'n or clarifications from proposers, or to allow corrections of errors or omissions, At the discretion ofthc Town, firms submitting proposals may be requested to make oral presentations as part of the evaluation process, The Town ofTiburon rcscrves the right to retain all proposals submittcd and to use any ideas in a proposal regardless of whether that proposal is selccted, Submission of a proposal indicates acccptance by thc firm ofthe conditions contain cd in this request for proposals, unless clearly and spccifically noted ill the proposal submitted and confinued in the contract between the Town of Tiburon and the firm selected, It is anticipated the selection of a firm will be completed by May 19, 2004. A. Term of Engagement A threc year contract is contemplated, with two additional single ycar options, . , Requestfor Proposal AU{liting Sen!ices Janumy 2004 Page I of 13 " II, e . e NATURE OF SERVICES REQUIRED A, Scope of work to be Performed 1. Town of Tiburon The Town ofTiburon desircs the auditor to express an opinion on thc fair prescntation of its gencral purpose financial statements in conformity with generally acccpted accounting principles, The auditor is to provide an "in-relation-to" rcport on the combining and individual fund financial, statcments and supporting schedules based on the auditing procedures applied during thc audit of the general purpose financial statcments, The auditor shall also be responsible for performing certain limited proccdures involving rcquired supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards, The auditor should bc familiar with the Governmcnt Acc5lunting Standards Board (GASB 34) changes to the Government Financial Reporting Model: As these changes to the Financc Reporting Model will significantly alter the Annual Financial Report in the near future, the Town expects the selected firm's assistancc in implementing thc changes, The auditor should clearly take all the above into account whcn preparing the proposal. 2. Tiburon Redevelopment Agency The auditor is expected to express an opinion on the fair prcsentation of the financial statcmcnts of the Tiburon Redevelopment Agency and a Rcport on Compliance with applicable laws, regulations and administrative requiremcnts governing its activitics. 3. State Controller Reports The auditor is cxpected to prepare all ofthc Annual Reports of Financial Transactions to the State Controller for cach ycar (Town and Agency), 4. Management Report The auditor shall communicate in a lettcr to management any reportablc conditions found during the audit. A rcportable condition shall be dcfined as a significant deficiency in the design or operation of the internal control structure, which could advcrsely affect the organization's ability to record, proccss, summarizc, and report financial data consistent with the assertions of managcment in thc financial statcmcnts, Reportable conditions that are also material wcakncsscs shall be identified as such in the rcport, Non-reportablc conditions discovcrcd by the auditors shall be reported in a separate letter to management. Auditors shall be required to make an immcdiate, written report of all irregularities and illegal acts of which thcy bccome aware to the Town Manager, Town Council and Town Attorney. Request for Proposal Au.diting Services Jallua~)' 2004 Page 2 of 13 8, Special Considerations . 1, The Town does not currently have a record of its generallixed assets and therefore does not prepare a comprehensivc annual report. However, it is cxpectcd that during the next two-three years thc Town will be obtaining this information, 2, The Town of Tiburon anticipatcs and expects the major field work for the Town to begin on or near the third week of September of each year. This docs not inelude preliminary licld work which may occur in June or July, 3, The auditor shall provide the Town a draft copy of the audit report and managcmentletter no later than October 31 sl of each year. 4, Report preparation and printing ofthc Annual Financial Report is thc responsibility of the Auditor. It is expected that the audit fiml will deliver 20 copies, (Including one photo ready copy) by Novembcr 15 of each year in order to present to the Town Council by the first meeting in December. A representative of the audit firm may be cxpectcd to attend one meeting of thc Town's Finance and Administration Committee prior to the meeting with the Town Council and attend the Town Council meeting at whieh the Annual Financial report is presented, ' C. Working Paper Retention and Access to Working Papers . All working papers and reports must be retained, at the auditor's expense, for a minimum of five (5) ycars, unless the firnl is notified in writing by the Town ofTiburon of the nccd to extcnd the retention period. The auditor will be required to makc working papers available, upon request, by the Town ofTiburon, In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance, III. DESCRIPITPION OF THE GOVERNMENT A. Name and Telephone Number of Principal Contact The Auditor's principal contact with the Town ofTiburon shall be Heidi Bigall, Director of Administrative Services, who will coordinate the assistance to be provided by the Town ofTiburon to the auditor. Her telephone number is (415) 435-7371), B. Background Information The Town of Tiburon was incorporated in 1964 and has a population of approximately 8,900, Tiburon is a general law Town and operates under the Couneil/Managcr form of govenlment. The Town is located approximately ten (10) miles north of San Francisco in the County of Marin, The Town's fiscal year begins on July I and ends on June 30, . Requestfor Proposal AUlliling SCr\'ices Janllm:l' 2()()4 P"ge 3 of 13 e The Town of Tiburon providcs the following services to its citizens: General Administrative Support Community Development (Planning/Building) Police Services Public Works (Streets, Parks and Engineering) Thc Town ofTiburon has a total payroll of approximately $2,9 million covering 43,25 FTEs, The Town ofTiburon uses the following fund types and account ~,'TOUpS in its financial reporting: C. Fund Structure Number of Fund Type/Account Group Individual Funds General Fund I General Fund Reserves 14 Special Revenue Funds 6 Debt Services Funds 9 Capital Projcct Funds 22 Gcncral Fixcd Asscts I General Long-Term Debt I Agency & Fiduciary Funds 7 . D. Budgetary Basis of Accounting The Town of Tiburon prcparcs its budgcts on a basis consistent with generally accepted accounting principles, E. Pension Plans The Town of Tiburon participates in the State 'of California Public Employees' Retirement System (CalPERS), an agent multiple-employer retirement system, F, Component Unit The Town of Tiburon is defined, for financial reporting purposcs, in conformity with the Governmcnt Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Scction 2100. Using these criteria, componentunits are included in the Town of Tiburon' s Financial Statements, Thc Managcmcnt of the Town of Tiburon identified the Tiburon Rcdcvclopment Agency as a component unit that is includcd in the Town ofTiburon's financial statements. This unit is to be auditcd as part ofthc audit of the Town ofTiburon's financial statements, . Request/or Proposal Auditing Services Janum:v 2004 Page 4 (if 13 G. Current Financial Software . The Town of Tiburon currently uscs Harris Computcr Systcms softwarc, Payroll is preparcd in-house, H. Availability of Prior Auditor Reports and Working Papers interested proposers who wish to rcvicw prior years' audit reports and managcmcnt letters should wntact Heidi Bigall at (4i5) 435-7379, Thc Town of Tiburon will usc its bcst cfforts to makc prior audit reports available to proposcrs to aid their response to this request for proposals, IV. TIME REQUIREMENTS It is anticipatcd that the audit work will bc pcrformcd in two phases: A. Interim Audit Work interim work should take place in late June or early July and would consist of planning and interim audit procedures (such as gaining an understanding of relevant systems, procedures and intemal controls, selected compliance and transaction tcsting, ctc,) B. Year-End Audit Work The second phase would involve updating and complcting thc examination of the Gencral Purpose Financial Statcmcnts and preparing opinion letters and other relevant financial reports, The ycar-end audit. field work is to begin no earlicr than Scptember 15, and is to be completed no latcr than Octobcr 15, This schedulc may bc altcrcd only by mutual agreement between the Town and the auditor. Any proposed audit adjustments must be identified I~O latcr than thc conclusion of the audit ficld work, C. Draft Reports The Auditor shall provide the Town with a complete draft of the General Purposc Financial Statcments, including footnotes and supplementary schedules by October 31, Drafts of the Gann Limit Rcports arc due no later than Novcmber 5, A draft of the management lettcr is due no later than November 15, Thc Town will rcview and provide comments or responscs to thc auditors within 10 calcndar days of rcccipt of each of the draft reports, D. Final Reports Twenty (20) copics, including onc photo rcady copy, shall be delivercd to thc Town by November 15 of each year. Ten (10) copies of the Redevelopment Agency Report shall be due by Novcmbcr 15 of each year. V. ASSISTANCE TO BE PROVIDED TQTHE AUDITOR AND REPORT PREPARATION A. Statements and Schedules to be Prepared by the Staff of the' Town of Tiburon . Requestfor Proposal Audiling Services JanWl'Y 2004 Page 5 of 13 e . e Town Staff members will be made available to assist in the audit. We will prepare any necessary schedules, provide documents (invoices, checks, council minutes, etc,) and prepare (type) all confirmations. In addition, Town Staff will be available to respond to any questions which may arise during the audit. B. Work Area, Telephones, Photocopying and Fax Machines The Town ofTiburon will provide the auditor with reasonable work space, desks and chairs, The auditor will also be provided with access to a telephonc line, photocopying facilities and fax machincs to be used for thc audit. C. Report Preparation Report prcparation and printing for the Annual Financial Report and Tiburon Redevelopment Agency audits shall be the responsibility of the auditor. VI. SELECTION PROCESS AND CRITERIA A, Selection Committcc All proposals will be reviewed by a selection committee designated by the Town Manager. The selection process will involvc the rcvicw of the proposal for compliance with the requirements ofthc RFP, qualifications ofthe firm and rcferences, Based upon thc selection committec' rcvicw ofthc proposal, intervicws may bc schcduled at Tiburon Town Hall with the most qualified proposers, Finalists will be notified of specific times and will bc allowed a total of thirty minutcs for their presentation and to answcr qucstions from the selection committee, The auditors will be ranked by the selection committee and Staff will recommend the top rankcd auditing firm to thc Town Council for award of contract. VII, PROPOSAL REQUIREMENTS A, General Requirements 1. Submission of Proposals The following material is required to be received by 5:00 p.m, April 2, 2004 for a proposing fiml to be considered, a, A master copy (so marked) of Technical Proposal and live (5) copics to include thc following: Request for Proposal Auditing Services January 2(J(J4 Page 6 0('J 3 1. Title page . Title page showing the rcqucst for proposals subject; the lirm's name, the name, address and telephonc number of the contact persons; and the date of the proposal', 2. Table of Contents 3. Transmittal Letter A signed letter of transmittal brieily stating the proposer's understanding ofthc work to be done, thc commitmcnt to perform the work within the timc period, a statement why thc firm believes itself to bc best qualificd to perform the engagement and a statement that thc proposal is a firm and irrcvocable offcr for 90 days, 4. Detailed Proposal The detailed proposal should follow the order set forth in Scction VII, B, of this rcquest for proposals, b, Proposers should send the completed proposals and cost hid in separate scaled envclopes to thc following address: Hcidi Bigall, Dircctor of Administrative Serviccs Town ofTiburon 1505 Tiburon Boulevard Tiburon, CA 94920 . B, Technical Proposal 1. General Requirements The purposc of the Technical Proposal is to demonstrate the qualifications, compctence and capacity of the finn seeking to undcrtake an independent audit of the Town ofTiburon in confonnity with the rcquirements of this request for proposal. As such, the substance ofthe proposals will carry more weight than thcir loml or manner of presentation, The Technical Proposal should demonstralc the qualifications of the finn and of the particular staff to be assigned to this cngagement. 'It should also specify an audit approach that will meet the request for proposal's requirements. THERE SHOULD BE NO DOLLAR UNIT OR TOTAL COST INCLUDED IN THE TECHNICAL PRPOSAL DOCUMENT The Technical Proposal should address all the points outlined in the request for proposals, The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposals, . Request/or Proposal Auditing Scrvit;c,l' January 2004 Page 70113 i While additional data may be presented, item numbers 2 through 10 must be included, They . reprcscntthe criteria against which the proposal will be cvaluated, 2, Independence The firm should provide an affirmative statcment that it is independcnt of the Town ofTiburon, as defined by generally accepted auditing standards and the U,S. General Accounting Ofiice's Govemment Auditing Standards (1994), The firm should also provide an affirmative statcment that is independent of the component unit of thc Town ofTiburon, as dcfined by thosc same standards, The firm should also list and dcscribe the firm's professional relationships involving the Town of Tiburon or any of its agencies and component units for the past fivc (5) years, together with a statcment explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the Town of Tiburon written notice of any such professional relationships entered into during the period of the agreement. 3. License to Practice in California An affirmative statement should be included that the firnl and all assigned key professional staff arc properly licensed to practice in California. . 4. Firm Qualifications and Experience The proposer should statc the size of the firm, thc sizc ofthe firms' governmental audit staft: the location of the office from which the work on this engagcment is to bc pcrfonned and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and naturc of the staff to be so employcd on a part-timc basis, If the proposcr is ajoint venture or consortium, the qualifications of each firm comprising thc joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. Thc firm is also required to submit a copy ofthc rcport on its most recent external quality control review, with a statemcnt whether that quality control review included a rcview of specific governmental engagements, The firm shall also provide information on the results of any federal or state desk revicws or ficld reviews of its audits during the past three (3) years, In addition, the firm shall provide information on thc circumstances and status of any disciplinary action taken or pending against thc firm during the past three (3) ycars with the state regulatory bodics or professional organizations, as well as any pending or settled litigation within the past three (3) years, 5. Partner, Supervisory and Staff Qualifications and Experienced . Requestfhr Proposal Auditing Services .Illnl<<lI)' 2(1)4 Page 8 (l/3 . Identify the principal supervisory and managcment staff, including engagemcnt partners, managers, other supcrvisors and specialists, who would be assigned to the engagement. Indicate whether each . such person is registered or licensed to practice as a certified public accountant in California, Provide infonnation on thc government auditing expcrience of cach person, including infomlation on relevant continuing professional education for the past three (3) years and membership in profcssional organizations relevant to the perfornlance of this audit. Provide as much information as possiblc regarding the number, qualifications, experience and training, ineluding rclevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the ternl of the agreement will be assured, Include an affirmative statement that engagement partners, managers, other supervisory staff and specialists may bc changed if those personnellcave the firm, are promoted or are assigncd to anothcr office. Thesc personnel may also be changed for other reasons only with the express prior written permission of the Town ofTiburon: However, in either case, the Town ofTiburon retains the right to approvc or reject replacements. Consultants and finn specialists mentioned in response to this agreement can only be changed with the cxpress prior written permission of the Town ofTiburon which retains the right to approve or reject replacements, Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better quali fications or expericnce, 6. Similar Engagement with other Governmental Entities . For the firm's office that will be assigned responsibility for the audit, list the most significant engagements performed in the last five years that are similar to the engagement described in this request for proposal. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal e1ient contact. A list of all governmcntal audit clients in this section for the principal office should also be supplied. 7. Specific Audit Approach The proposal should sct forth a work plan, ineluding an explanation of the audit mcthodology to be followed to perform the services required in Section II of this request for proposal. Proposers will be required to provide the following information on their audit approach: a, b, Proposcd scgmentation of the engagement Sample size and extent to which statistical sampling is to bc used in the engagement Type and extent of analytical procedures to be used in thc cngagement Approach to be taken to gain and document an undcrstanding of the Town ofTiburon's intemal control structure . Approach to be taken in deternlining laws and regulations that will be subject to audit tcst . c, d, c, Reqllestlor Proposal Auditing Services .1a1111(1/:V 2004 r"ge 9 "I13 tt. f. Approach to be taken in drawing audit samples for purposes of test of compliance Sealed Dollar Cost Bid I. Total Maximum Price The sealed dollar cost bid must be prcscnted in a separate envelopc from the technical proposal and should contain all pricing information relativc to pcrforming the audit engagcment as described in this request for proposal. The cost bid should be submitted in a form consistent with Exhibit A. The total maximum price to bc bid is to contain all direct and indirect costs including all out-of-pockct expenses, Cost should be specificd for cach fiscal year, Costs within each fiscal year, should also specify the amount for each individual assignment. For example, costs for the Redevelopmcnt Agcncy audit should bc scparately identified, Thc Town ofTiburon will not be responsible for cxpcnses incurred in preparing and submitting the technical proposal and cost bid. Such costs should not be includcd in the proposal . The cost bid must contain the following information: a, Certification that thc pcrson signing the proposal is cntitled to represent the firm, cmpowered to submit the bid, and authorized to, sign a contract with the Town of Tiburon, . b, A Total Maximum Pricc for the three-ycar cngagemcnt. . 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each The cost bid should include a schedule ofprofcssional fees and expense, presentcd in thc format providcd in the attachnlent (Exhibit B), that supports the total maximum pricc, Scparate forms should be prepared for each of the fiscal year 2003-04,2004-05, and 2005-06, 3. Out-of-Pocket Expenses in the Total Maximum Price and Reimbursement Rates All estimated out-of-pocket expense to be reimbursed should be presented on the second pagc of the cost bid in the format provided in thc attachment (Exhibit B), All cxpcnsc reimbursements will be charged against the total maximum price submitted by the finn, 4. Rates for Additional Professional Services If it should bccomc ncccssary for the Town ofTiburon to request the auditor to render any additional services to cithcr supplement the services requested in this RFP or to perform additional work as a result of the spccific recommendations includcd in any rcport issued on this engagement, then such additional work shall be pcrformed only ifset forth in an addendum to the contract between thc Town of Tiburon and the firm, Any such additional work agreed to between the Town and the firm shall be pcrformcd at the same rates set forth in the schedule of fees and expenses included in the cost bid, e Requestfor Proposal Auditing S'ervices January 2004 Page Iii ofi] V1II. OTHER CONSIDERATIONS A. Manner of Payment Interim pro!,,'fess payment may be made on the basis of process points on each audit service, These are at the 25%,50%, 75% and 90% levels of complction, Paymcnt to the auditor will be made within thirty days of receipt of the auditor's invoice, Pinal payment will be made upon acceptance of each audit service as complek by the Town, B. Right to Reject Proposals Submission of a proposal indicates acceptancc by the fim1 ofthe conditions containcd in this request for proposal unless clearly and specifically notcd in the proposal submitted and confinned in the contract between the Town of Tiburon and firm selected, Thc firm selected will be required to enter into a writtcn contract with thc Town, The Town of Tiburon reserves the right without prcjudice to reject any or all proposals, , Reques//or Proposal Auditing Services )rll/uary 2004 Page II (~r /3 . . . c' , - -- - Town of Tiburon ~~ STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town ~I Alex D. Mcintyre; Town Manager ~ Request from the Estate of Solomon M. Martin to Transfer Funds to landmarks Society FROM: SUBJECT: MEETING DATE: February 26, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In December 2000, the Town received $10,000 from the estate of Solomon M. Martin to purchase, install and dedicate a bench along the Tiburon bike path in Mr, Martin's memory, The Town has a policy against installing memorials in public parks instead allowing donors to contribute to the Town's Commemorative Book (Exhibit 1), The specific request cannot be honored to the letter of the request and Bill Tiedje acting as Executor of the estate has suggested an alternative that achieves the spirit of the request (Exhibit 2), The Landmarks Society would act as recipient of the gift instead and purchase, install and dedicate a bench in the Art and Garden Center in honor and memory of Mr. Martin, The Town Attorney has reviewed this request and in light of the Town's policy on memorials, has indicated that this transfer would be allowable under the law, Recommendation It is recommended that the Town Council authorize the transfer of the $10,000 bequest by the Estate of Solomon Martin to the Landmarks Society for the installation of a memorial bench in the Art and Garden Center. Exhibit 1 - Naming Policy Exhibit 2 - Letter Request e e e NAMING OF TOWN OWNED PARKS. LANDS. STREETS. AND OTHER FACILITIES POLICY I, Except as otherwise provided below, Town-owned lands shall receive names of geographical or local historical significance, This policy shall be flexible and consideration should be given to the appropriateness of the name. (Refer to attached list of Local Historic Names.) 2, Significance of the name shall be explained with any request. 3, The naming of Town-owned lands for individuals (living or deceased) may be considered when warranted for individuals donating land or substantial funds for its purchase or when warranted by outstanding community service. Such notable individuals (living or deceased), may be honored by an appropriate plaque on any building, monument, fountain or street located on Town-owned property, The above-mentioned individuals, and additionally, all other individuals for whom a commemorative tribute is desired, may be honored through one of the following guidelines: a. Inclusion in a Commemorative Book to be placed in the new Town Hall, which will contain a page for each person to be honored, The person's family or sponsor will provide a brief background or special memory which will serve both as a personal history and as a segment of the history of the Tiburon Peninsula, b. The expenditure of money from a specially established Heritage & Arts Fund which would implement civic projects chosen from a "wish list" generated by Town Council, Commissioners, and donors. Monies may be channeled to a particular project from the "wish list" at the request of the donor. The projects ,may take care of tree planting programs, establishment and care of shrub and flower beds, art work for public buildings and other worthwhile undertakings, The chosen project and its location will be noted on the page of the Commemorative Book honoring the individual(s), PROCEDURE 1, Requests concerning names to be given to the Town-owned land and facilities or structures thereupon shall be made in writing to the Town Manager. 2, The Town Manager shall review the request and submit it to the Tiburon Heritage & Arts Commission for its recommendation regarding appropriateness. . 3, The comments and recommendation ofthc Commission should be iilrwarded in writing to the Town Council, via the Town Manager, A copy ofthis report shall be sent to the Parks and Open Spacc Commission, 4, The decision ofthc Town Cdimcil shall be the final step in the naming process. Adopted 2/6/80 Revised 6/16/92 Revised] 2/5/94 Revised 2/16/96 . . '" , 1'~ , (IU' I .' 'i ' Ii"~ b"1lriG' E' - '<'iF' U~ -, ,. vi;) ~ II- William J, Tiedic e October 22, 2003 Mr. JeffSlavitz Mayor Town of Tiburon 1505 Tiburon Boulcvard Tiburon, CA 94920 RECEIVED OCT 2 4 2003 TOWIJ MANAGERS OFFIOf T~W" ~r tll>~ii(j~ Dear .I eff: , On December 18,2000 I sent a check to the Town ofTiburon in the amount of$1 0,000,00 as a distribution from thc Estate of Solomon M, Martin (see enclosed copy of letter), The funds werc scnt to the Town as a bequest ifom Mr. Martin "for the purchase of a suhstantial bcneh to be situated along the Tiburon bike path, togcther with a designation as being a Gift of Sylvia Martin," As Executor of the Estate I was directed to cooperate with the Town's representatives in the planning and location of this gift, At that time there was discussion of d~vcloping a path through part ofthe Pine Terrace property to McKegney Green. I had proposed to Bob Kleinert that the funds he used to develop that path and that a bench be erected on the path with the bench and path be designated in memory of Sylvia and Solomon Martin, It appears now that the path may not be developed, Further, even ifit were it is against Town policy to make a specific dedication, e In discussions with Ann Danforth recently wc rcvicwcd thc alternativcs for this bequest in order to meet the requircmcnts ofMr. Martin's will, Ann suggested I talk to Beverly Bastian of thc Landmarks Society, Beverly has indicated that they would be very interested in acccpting this gift and provide a memorial at the Art and Garden Center, Mr, Martin was well known for his rose gardcn and I feel that a dedicated area and bench in the Art and Garden Center would meet the requirements of his will. I request that the funds bcing held by the Town ofTiburon be made available to the Landmarks Socicty so that the Mr. Martin's intentions can be realized, If you have any questions you may call me during the day at 435-1 J 22, , ' r Sincerely yours, ;fdf William .I, Tiedje Exccutor for thc Estate of Solomon M, Martin CC Alex McIntyre Ann Danil1l1h Beverly Bastian e J() PI1ll' Terrace, Tiburon, CA 9492U (415)435.2]'-)7 e e e Town of Tiburon STAFF REPORT .......... .AGENDAITEM~...... TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: DIANE CRANE IACOPI, TOWN CLERK APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES SUBJECT: REPORT DATE: . ::::~:;:::;.......... ~:l~~~~~ MEETING DA TE: BACKGROUND A vacancy exists on the Design Review Board due to the appointment of Boardmember John Kunzweiler to the Planning Commission, The Town Clerk published a notice of the existing vacancy in The Ark, as well as providing copies to all current commissioners and posting it at Town Hall and the Belvedere-Tiburon Library, pursuant to Resolution 3263, The Town Council will interview one interested applicant, Liz Bird, at tonight's meeting; there were no other applicants as of the stated deadline. RECOMMENDATION The Town Council can make an appointment to the Board at tonight's meeting, or it can direct Staff to extend the notice period in order to receive additional applications, Tiburon Town Council Staff Report 2/2612004 e . . . Town of Tiburon STAFF REPORT s AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Town Councilmembers Kevin Bryant, Advance Planner \0/ ' General Plan Update: Goal. Policy, and Program Refine~ Open Space & Conservation Element Issues Paper ' February 26, 2004 REVIEWED BY: 'FROM: SUBJECT: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND As part of the Goal, Policy, and Program Refinement stage of the General Plan Update process, the Planning Commission hosted a meeting on January 14, 2004 to discuss the goal, policy, and program suggestions contained in the Open Space & Conservation Element Issues Paper, At the meeting, the Planning Commission took comments from the public and also provided feedback to Staff, TOWN COUNCIL PUBLIC HEARING With the Planning Commission public hearing complete, the Open Space & Conservation Element Issues Paper now comes before the Town Council for its consideration and comment. The Town Council, as the Town's policy-making body, is charged with making the final recommendation to Staff about the appropriateness of the suggested goals, policies, and programs contained in the Issues Paper, In essence, the Town Council is being asked to answer two questions: 1, Do the goal, policy, and program recommendations (summarized in Appendix A of the Issues Paper) accurately represent the goals and vision of the community? If not, what modifications need to be made to make them accurately represent those goals and vision? 2, Are there issues and ideas which are missing from the recommendations presented in this paper? This is the time in the General Plan Update process to give direction for substantial changes to the recommendations presented in the Issues Paper, Following this review, Staff will begin preparation of the Open Space & Conservation (OSC) Element that will be part of the Draft General Plan 2020, Additionally, the Town Council is asked to resolve policy issues which were raised at the Planning Commission meeting by commissioners and the public, ISSUES DISCUSSED AT THE PLANNING COMMISSION HEARING Several owners of property that has been designated as "Potential Open Space" in the OSC Element spoke at the meeting against the Town "taking" their property,' Staff believes that some Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of this testimony resulted from confusion about the meaning of the "Potential Open Space" designation, and has subsequently sent the owners a letter clarifying the relationship between the OSC Element and the Land Use Element, and emphasizing that the owners will still have development rights on their property (see Attachment 5), ' In addition, policy issues were raised about the Town's policies relating to the "Potential Open Space" designation, ridgelines, slopes, views and visias, open space management, and "green building," Potential Open Space Desionation Consistent with the current General Plan, Staff has recommended that lands that are four acres or greater and are currently vacant or,able to subdivided be designated in the OSC Element as Potential Open Space, In addition, Staff has,recommended that the General Plan clearly state that the Potential Open Space Diagram identifies those properties on which there are opportunities to increase the Town's permanent open space and that Prime Open Space policies apply principally to Potential Open Space. As mentioned above, several owners of property designated Potential Open Space objected to the designation, Since the Planning Commission meeting, it has been suggested to Staff that . the lands be identified as something other than "Potential Open Space" to reduce confusion, Discussion: All but one of the properties designated Potential Open Space in the OSC Element Issues Paper has been recommended for designation as Planned Development - Residential (PD-R) in the Land Use Element Issues Paper, In the review of the Land Use Element, Staff was directed to include language in the Land Use Element which makes it clear that achieving the maximum densities would likely be limited by physical, environmental and pOlicy constraints, as described in the Open Space Element and other elements of the General Plan, Staff believes that by referring to these properties as PD-R in both the OSC Element and the Land Use Element, both the suggestion to call the properties something other than "Potential Open Space" and the direction to make the relationship between the policies of both Elements clear could be accomplished, This change would make the General Plan a more clear and consistent document, and allow the use of language which explicitly connects the physical, environmental, and policy constraints of the properties designated PD-R to the prime open space protection policies of the OSC Element. An example of this explicit language would be: "The maximum allowable density defined for properties designated Planned Development - Residentiai may be considered only if the applicant successfully demonstrates consistency with the Prime Open Space policies of the Open Space & Conservation Element." Town Council Issue: Should the lands shown as Potential Open Space in the Issues Paper be referred to as Planned Development ~ Residential in the OSC Element? Staff Recommendation: For the reasons stated in the discussion above, Staff is recommending that the "Potential Open Space" properties be identified instead as Planned Development - . February 26, 2004 page 2 of 12 Town of Tiburon e STAFF REPORT j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residential in the OSC Element to match the Land Use Element and to provide greater Clarity and consistency throughout the General Plan, Aoolication of Prime Ooen Soace Policies The Planning Commission recommended that consideration be given to expanding the applicability of the Prime Open Space polices beyond the properties designated Planned Development - Residential ("Potential Open Space" in the OSC Element Issues Paper), to any property which could be redeveloped and subdivided. All policies of the OSC Element are intended to apply to land use decisions to the extent that they are relevant. In the text of the Issues Paper, Staff recommended that the Prime Open Space policies "are intended to apply orincioallv to properties designated Planned Development - Residential." (emphasis added) The General Plan should make no distinction, Town Council Issue: None . Ridgeline Policy Staff has recommended a number of policies for protecting the ridgelines which are based on current General Plan policy and Resolution 2859, which affirmed the Town Council's commitment to make protection of ridge lines the highest priority, Also included in Staffs recommendations are the mapping of Tiburon Ridge, which is mapped in the current General Plan, and the Significant Ridgelines which were identified in Resolution 2859, Suggestions which came out of the Planning Commission meeting with respect to ridgeiine policy were to adopt more restrictive policies to match County of Marin policies and to extend what is referred to as "Tiburon Ridge" onto the Martha Company property, Matchina Countv Ridc;Jeline Policies In the Issues Paper, Staff recommended that the setbacks which protect the Tiburon Ridge be the same In the updated General Plan as they are in the current General Plan, The Planning Commission and the Last Chance Committee encouraged the Town to re- examine its ridgeline poliCies and make them conform with County policies, which call for greater setbacks from "visually prominent ridgelines," Discussion: Marin County's Countywide Plan defines a ridge and upland greenbelt policy area, which includes the area around the Tiburon Ridge (see Attachment 6), Countywide Plan policies for the area include the following: CD-8,12: (in part) The residential base density shall be one dwelling unit per 10 acres, with the provision that when master plans for development are submitted, rezoning to either' a higher or lower density will be considered, according to the specific characteristics of the site, e EQ-3,18: All development proposed in the ridge and upland greenbelt areas shall be evaluated for its potential impact on visual resources and amenities, February 26. 2004 page 3 of 12 STAFF REPORT Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EQ-3,19: On open and grassy hillsides buildings should be clustered well below the ridge, rather than scattered or grouped at the ridge top, to avoid the appearance of sprawl and preserve an Important visual resource, Buildings should be clustered in the least visually prominent portion of the site, These policies are implemented through the Planned District Development Standards of the County's Development Code [i.e" Zoning Ordinance], which states that "there shall be no construction permitted on top or within 300 feet horizontally, or within 1 00 feet vertically of visually prominent ridgelines, whichever is more restrictive, if other suitable locations are available on the site, If structures must be placed within this restricted area because of site size or similar constraints, they shall be on locations that are least visible from nearby highways and developed areas," (see Attachment 7) The Town's ridgeline policies, as found in the current General Plan and Resolution 2859, are for development to be set back 150 horizontal feet and 50 vertical feet from the Tiburon Ridge, and well below significant ridgelines,' The Countywide Plan is not nearly as specific as the Town has been in defining ridgelines that are worthy of protection, Instead of identifying specific ridgelines for protection, the Countywide . Plan identifies ridge and upland areenbelt areas (see Attachment 6), The County Development Code only states that the setback policies apply to "visually prominent ridgelines". The County's ridgeline setback policy applies to all Planned Development zoned property in the County, Of the County's Planned Development zoned properties, there are many which are several times larger than the largest private landholding in the Planning Area, which is . approximately 110 acres, In other parts of the County, this means that even after applying the County's ridgeline policies, a substantial portion of these properties is able to accommodate development. The County's ridgeline policies apply to "visually prominent ridgelines", Because the County has not identified which ridgelines meet this criterion, it is not clear that the County policies would apply to any of the Town's identified Significant Ridgelines, Figures 1 and 2 show the application of the proposed ridgeline setback policies, as well as the application of the suggested increase in setback polices to 300 horizontal feet and 100 vertical feet for Tiburon Ridge, Fig"ure 2 demonstrates that the Rabin and Martha Company properties would be most affected by the increased Tiburon Ridge setbacks, The impact on the Rabin parcel would be dramatic; the impact on the Martha Company property would be relatively minor. Other Planned Development - Residential properties would be unaffected by the change, , The nature of secondary ridgelines is such that vertical setbacks are not practical. Because secondary ridgelines, by definition, extend from primary ridgelines, they share the same contour lines or eievation, This means that the areas that would fall within a vertical setback of one secondary ridgeline would blend within the vertical setback of the next closest secondary ridgeline, leaving very little land, if any,putside of the vertical setback areas, . February 26. 2004 page 4 of 12 e C/) ~ U rn ..c - Q) (j) .~ Q) C/) C >.= - Q) rn C) ~:o >.0:::: U-o = Q) .~ Q) c.. c e .- Q)a.. C) "- -0 0 .- c 0:::: 0 :;::; rn U .- a. c.. <( . ~ ~ ~ . ~ ~ ,~ ~ Q) Cl "C ~ t: o ..... ::I ..c i= Q) t: Qj Cl "C ~ ..... t: III o l;::: 'c .~ en Q) Cl "C ~ t: o ..... ::I ..c i= E e - ~ o III ..c ..... Q) en III ..... t: o N .;:: o :r: o 'L() ...- t: ,- Q) "C ~ Q) Cl "C ~ t: o ..... ::I ..c i= E o ..... - ..... c ~ l;::: 'c U5 E o ..... - ~ o III ..c .... Q) C/) ~ o III ..c ..... Q) en III ..... c o N '':: o :r: o o ...- III o 1:: Q) > o L() ~ hlj' \ "0 0> C Cl ro"O -DO:: ro C en .0 0 - .... o(j) 0> ~ >. Cf) .0 -ro-roi- c-E <( 5 0 >.N.... (.) 0;:: _ =O~ &I~ 0>0:S c: 0 0> =~Cf) 0>-- ClOro "0 (.) 0- c 0_ C:::Ot: :.;::; 0> ~> =0 0..0 0..T""" <( ~ ~ o ~ " v, \ij ., LJ.. '" '" '" N e , J, 1 z o Q) OJ -c c:: c o I- ::l ..c i= . c Q) OJ Q) Q) -c Cl OJ c:: -c -c - c:: c:: c m c c u 0 0 ~ l- I- C ::l ::l Cl ..c ..c i:i5 i= i= E E E 0 0 0 l- I- - "- I- ,,,,, - "" "" u u m Q) m u ..c .5; ..c m - - ..c Q) 1> Q) - C/) C/) Q) Cl C/) -c .!!! m c:: m <: c u 0 - 0 :;::; N C N I- 'C: m 'C: Q) 0 u 0 > I l;: I '1: 0 0 0 OJ , 0 0 i:i5 ,0 ~ ~ M p~ I~~;~', . I~Xj "" 1 >I I', ' >~~ I~,"~" '.>- . 1'\, , f~s. .;}.. Town of Tiburon . STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town Council Issue: Should the Town adopt the County's ridgeline setback policy of 300 horizontal feet and 100 vertical feet for Tiburon Ridge? Staff Recommendation: Given that the impact of the increased setbacks would focus on one property (Rabin), Staff recommends that the Town Council, through direct visual comparison of Figures 1 and 2, consider whether the changes are warranted. Staff notes that the ridgeline policies recommended in the Issues Paper would remove over half of the 30-acre Rabin property from development and would protect the ridgelines. Extendina Tiburon Ridae The Planning Commission and the Last Chance Committee also recommended that what is defined as "Tiburon Ridge" be extended beyond its current terminus in the Old St. Hilary's Open Space Preserve (see Figure 3 of the Issues Paper) to the "knoll overlooking Angel Island". . During preparation of the General Plan in 1989, it was determined by analyzing topographical data that the primary ridge which forms the Tiburon Peninsula, the Tiburon Ridge, runs from approximately Tanfield Road on the western edge to the knoll in the Old SI. Hilary's Open Space Preserve, as mapped in the current General Plan and in Figure 3 of the Issues Paper. The Town Council determined that topographically, the Tiburon Ridge devolved into three (3) less prominent secondary ridgelines as the southeastern end of the peninsula dropped off toward San Francisco Bay. While the current Town Council could reach a different conclusion than that reached in 1989, Staff is unaware of any change to the topography of the Peninsula that would provide a physical basis for extending what is defined as Tiburon Ridge. A "high oblique" aerial photo showing the area will be available for viewing at the Town Council meeting. It should also be noted that the Martha Company property, which has seven secondary Significant Ridgelines identified on it, would be the only property affected by extending the Tiburon Ridge. Figures 3 and 4 demonstrate the effect of extending the Tiburon Ridge onto the Martha Company property under the setback policies recommended by Staff, as well as the suggested 300 foot horizontal and 100 foot vertical setback policy suggested above. If the Town Council has indicated (earlier in the meeting) that the setbacks recommended in the Issues Paper are appropriate, then a direct visual comparison of Figures 1 and 3 for the Martha Property would reveal the additional area subject to ridgeline setbacks, which is focused around extensions of Ridge Road and MI. View Drive. If the Town Council has opted for increased setbacks, then a visual comparison of Figures 2 and 4 would be appropriate. Town Council Issue: Should what is identified as the Tiburon Ridge be extended? Staff Recommendation: The Town Council should view the aerial photo to determine if a topographical basis exists for extending the Tiburon Ridge. . February 26, 2004 page 7 at 12 ] ~ ., '~ " . , ~ :; 00 I Q) " "0 .- o Cl.. 00 ~ Q) .-...... c 00 .... "_ >"- Q) - 0::: 0) rnc-o ~ec:: >.:::::l-o () -:C Q) :::1-00 0..... 0 0..00. Q) C 0 .~ Q a: Q) 'w ..... c)co -o2c .- >< 0 O:::w:.;::; rn () .- 0. 0. <( . . <:: OJ "0 i!: - Q) OJ <:: C> OJ ell "0 "C 0 '0: "" i!: 'c c: <:: OJ 0 i:ii ~ 0 ::J ~ .0 ::J E i= ,Q i= 0 E ~ - 0 E -"" ~ 0 0 - ~ ell ' -'" - ,Q OJ " 0 -"" - 'al 0 OJ .f: .0 ell (/) - OJ Q) ,Q OJ (f) - ell OJ - OJ "0 al (/) <:: OJ i!: c 0 ell N "0 - 0 (.l .<:: i!: <:: .~ :e 0 ell <:: 0, 0 OJ :c 0 "" I > b ~ 'c . :J 0),,0 b 0 ,Q .- In It") ~ i= (/) - I . f\5. :3 Town of Tiburon . . STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . developable, which would consequently place additional development pressure on other prime open space assets. Town Council Issue: Should the Town adopt a more restrictive slope policy? Staff Recommendation: Staff believes that because little of the undeveloped land in Tiburon has slopes of less than 25% and adoption of a stricter slope policy could lead to additional development pressure on higher priority prime open space characteristics, most notably ridgelines, that the slope policy remain as recommended. However, if the Town Council would like to pursue a more restrictive slope policy, Staff would recommend that it be to discourage development on slopes exceeding 35%, not 25% for the reasons stated in the discussion above. Views and Vistas Staff has recommended that the program to "develop and adopt guidelines defining vistas and view corridors of significance" be deleted because Staff believes the process is best undertaken during the development review process. The Planning Commission recommended that the program not be abandoned. Discussion: Implementation of a program to define vistas and view corridors of significance would require an enormous investment of Staff or consultant time. This is because there is no substitute to visiting sites and cataloguing the views and vistas which exist on each property. Because the properties are privately held, this would also involve intentional trespass, unless all property owners were to give permission for such a project. Town Council Issue: Should the Town keep the program to define vistas and view corridors of significance in the General Plan? Staff Recommendation: Due to the resources required to implement this program, Staff recommends that the program be removed from the General Plan, and that all view issues be addressed during specific project review. Open Space Management The Planning Commission noted that management of open space is currently done in an "ad- hoc" manner. The Commission recommended that the General Plan include an implementing program to establish an open space management plan, including funding sources and a budget item. Town Council Issue: Should the Town adopt a program to establish an open space management plan for Town-owned open spaces? Staff Recommendation: Staff believes that outlining an open space management plan and identifying funding sources would be an appropriate implementing program in the General Plan. February 26, 2004 page 11 of 12 STAFF REPORT Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "Green Buitding" The Planning Commission was supportive of new policies relating to "green building" in public projects. The Commission recommended that the policies be extended to private projects, by adopting policies which encourage "green building" principles and techniques as well as highlighting the benefits of "green building". Town Councif/ssue: Should the Town expand the "green building" policies to include private projects? ' , Staff Recommendation: Staff supports the Planning Commission's recommendation to expand "green building" policies to include private projects. RECOMMENDA nON Staff recommends that the Town Council take any public comment about the goal, policy, and program recommendations contained in the Open Space & Conservation Element Issues Paper; provide direction on the outstanding issues identified in this report and other issues of interest to the Council; and direct Staff to proceed with the drafting of the Open Space & Conservation Element of the General Plan 2020. A TT ACHMENTS 1. Open Space & Conservation Element Issues Paper, Dec. 2003 (previously distributed to the Town Council) 2. Staff Report to the Planning Commission, January 14, 2004 3. Correspondence for the Planning Commission Meeting 4. Minutes from January 14, 2004 Planning Commission Meeting 5. January 23,2004 Letter to Property Owners: Follow-up to Jan. 14 Planning Commission Meeting 6. Marin Countywide Plan Map 6.4: Tiburon Peninsula Land Use Policy Map 7. Marin County Code - Title 22, Development Code, Section 22.16.030 (F)(2) 8. 1/14/04 Planning Commission Meeting: Comments & Changes Matrix - Working Draft, February 2004 9. Correspondence for the Town Council Meeting . . February 26, 2004 page 12 of 12 Members ofthe Planning Commission Kevin Bryant, Advance Planner .tP General Plan Update: . Open Space & Conservation Element Issues Paper and ~ January 14, 2004 REVIEWED BY' " Town of Tiburon STAFF REPORT TO: FROM: SUBJECT: MEETING DATE: BACKGROUND The Goal, Policy, and Program Refinement stage of the General Plan Update continues with the third of a series of issues papers, the Open Space & Conservation Element Issues Paper, now before the Planning Commission for discussion. The paper is intended to provide a common reference point for discussion and deliberation of goals, policies, and programs to be included in the new Open Space & Conservation Element of General Plan 2020. AGENDA ITEM {) GENERAL PLAN UPDATE PROCESS Issue IdentificationiData Collection (Spring - Fall 2002) - COMPLETE Goal, Policy, and Program Refinement (2003 - 04) Housing Element - Review Complete Downtown Element - Review Complete Land Use Element - Review Complete Open Space & Conservation Element Circulation Element - Winter '04 Safety and Noise Eiements - Spring '04 Parks & Recreation Element - Summer '04 Plan Preparation, CEQA Compliance, and Plan Adoption (2004) OBJECTIVES OF PLANNING COMMISSION MEETING The objectives of the Planning Commission meeting are to provide a forum to receive public comment and for the Planning Commission to provide feedback to Staff. The input received from the public and Planning Commission will be reported to the Town Council. Staff has sent out over 425 fliers, over 160 emails, and placed a X-page advertisement in the Ark, all inviting participation at the January 14 Planning Commission meeting, Members of the public are encouraged to share their opinions about the recommendations in the Open Space & Conservation Element Issues Paper with the Planning Commission. People who are unable to attend this meeting will have a similar opportunity before the Town Council, most likely in February. Staff will have also been in attendance at the Parks and Open Space Commission meeting on January 13 to answer questions and to take comments of the POSC on the recommendations contained within the Issues Paper. The role of the Planning Commission at this meeting is to take the information, analysis, and recommendations presented in the Issues Paper, combined with the comments provided by the ATTACHMENT :l- , STAFF REPORT Town of Tiburon public, and to provide feedback to Staff concerning the goal, policy, and program recommendations in the Issues Paper. This feedback will be reported by Staff to the Town Council. This is the time in the General Plan Update process to give direction for substantial changes to the recommendations presented in the Issues Paper. Following Planning Commission and Town Council review, Staff will begin preparation of the Open Space & Conservation Element that will be part of the Draft General Plan 2020. OPEN SPACE &CONSERV A TION ELEMENT ISSUES PAPER: HIGHLIGHTS Based on the existing General Plan, the input received from the public participation program, and review by the Planning Commission and Town Council of the Draft Housing Element, the Downtown Element Issues Paper, and the Land Use Element Issues Paper, the Open Space & Conservation Element Issues Paper makes recommendations for goals, policies, and programs. Highlights include: . Expanded policies to preserve prime open space, . Adoption of open space management policies, . Adoption of policies to preserve and improve the quality of the environment through resource conservation, resource management. and pollution control. These and other recommendations are described in detail in the Issues Paper. RECOMMENDATION Staff recommends that the Planning Commission take public comment on the goal, policy, and program recommendations contained in the Open Space & Conservation Element Issues . Paper, and to provide feedback and recommendations to be forwarded to the Town Council. ATTACHMENT Open Space & Conservation Element Issues Paper (December 2003) (previously distributed to Planning Commission) S:\PlanningIPlanning CornrnissionlStaff Reportsl200410SC Elernent Staff Report 1-14.doc "/.'1'.1'\' January 14, 2004 page 2 of 2 , ,.,.'."'< OPEN SPACE & CONSERVATION ELEMENT ISSUES PAPER - December 2003 From: Richard B. Collins The comments below have been with the benefit of' having heard the public discussion on the Issues Paper at the Town's public meeting held on January ]4. 2003, and, after having read Randy Greenberg's comments. Therefore, to the extent that Randy has already addressed a number of the same issues upon which I might have commented. no comments have made on those issues to avoid redundancy. Land Use Elements Issues It was evident during 'last Wednesday nights meeting that there was confusion in the minds of several of the resident... who spoke concerning the interrelation or cross~over between the Land Use Element Issues, Opcn Space and Conservation Issues and land related to parks and recreation. It appears to me that the foregoing three (3) elements should be cross-referenced to each other in the General Plan where appropriate so that everyone can follow the bouncing ball, and for situations where the same goal, policy or program is relevant to marc than one element. By cross-referencing, it would also avoid duplication and make the document less cumbersome. I do however believe that some sections should be duplicated where also appropriate. Cross-referencing would thereby direct readers to the relevant section in one of the other relevant sections. OPEN SPACE & CONSERVATION ISStJES PAPER Policy numbers from the Town's existing General Plan are shown in brackets. I. P.6, E. c. Sbould there also be a reference to air quality? 2. P .11. In reference to the 4"' paral,'Taph alluding to the fact that the submittal requirements include submittal instructions relating to the map which "shall be accompanied by a narrative describing in detail how the 'prime open space' elements on the property are proposed to be avoided to the maximum extent feasible"...., I suggest that you consider adding the words "development of' after the word "how" 3. P.]2, C. I. Clarification of Potential Open Space Designation. This was the hot topic of the meeting not only as to the designation itself, but also as to the lack of apparent understanding.ofthe public as to what an "open space designation" really means to those that own the land which has or' is proposed to be so designated, which J believe I commented about at the meeting. It is extremely important that that we have an informed public and that the very sensitive topic of Potential Open Space ("POS") be not only identified by diagram as well as by specific designation to make it explicitly identifiable for everyone, and in particular to the owners who's land is included within that designation. I also believe that a full and complete definition and narrative description of all of the characteristics of the POS should be included and explained in detail, not only the limitations that such a designation might carry, but also in terms of the attributes that carry with them potential entitlements that will enable the owners to Open Space & Conservation Element Issues Paper - December 2003 Richard B. Collins Page 2 develop their lands, while conforming to the goals and policies of the General Plan and as controlled by the Zoning Ordinance. It is quite ohvious that Tiburon residents read everything that the staff produces and in that regard, messages that il' I'ent out I'hould be as expansive as possible. 4. P.A-1. OSC-A. hefore "enhance". Consider using the word "maximize," before "protect" and the word~ "preserve and" 5. P.A-1. OSC-B. Consider using the words "provide and" before the word "preserve". 6. P.A-l..OSC-F. Consider using the word "restoration, after "resource" word "resource". Is this <.:l place to cons.ider defining the word "pollution'''? and deletion of the second ATTACHMENT 3 7. P.A-1. OSC-l [OSC-R]. The title "Preservation" should be deleted. None of the other sections have titles or headings. Consider adding a coma after the word "purchase", deleting the word \Lor" and adding the words "or other appropriate means" at the end of the first sentence. 1 would suggest fe-writing the second sentence as follows: "The Town .shall enCOllrdgc the peffilanenl protection of lands as open space hy its acceptance of fee title or by casement, deed restriction, or other means found acceptable to the Town", R. P.A-2. OSC-4 IOSC-13]. Delete the hyphen after the word "Publicly". 9. The heading/title before OSC-5 IOSC-151 should be printed in lower case. 10. P.A-2. OSC-5 [OSC-15]. Consider adding the word "maximum" bcll,re the word "extent". II. P.A-2. OSC-6 lOSC-15]. The use of the word "value" is ambiguous to me. Consider using the words "to maximize the preservation of open space to the greatest extent feasible", I also suggest that the tcnn "estate lot" should be followed with a short parenthetically definition. 12. P.A-2. OSC-9. Consider deleting the words '"the consideration .to protect" and substituting the wordl' '"'protection of the". As a matter of inquiry. does the' Town. as a matter of policy, require that grantors provide the Town with title'insurance naming the To\V1l as beneficiary for all trail and other easements granted to the Town. and does the Town also require subordination ab'Teements from lenders who are senior in time to the brranting or such ea.l;ements to preclude having them wiped out in the event of foreclosure? Open Space & Conservation Element Issues Paper - December 2003 Richard B. Collins Page 3 13. P.A-3. OSC-14. Is this language intended to mean that the construction of a dock in front of a waterfront home will not be permitted, even though docks may exist on both sides of the home? Are there any other conceivable type of structures that have not been considered that might be necessary or desirable in some location over some portion of water? 14. P.A-4. OSC-20. Does the Town rcally want to "ensure" development compliance with federal and state law'! Should we consider language that speak'i to a requirement that federal and statc law compliance as a, prerequisite tn the Tov/n's acceptance ofa development application? 15. P.A-4. OSC-24lLU-16 & CWP EQ-3.6). Consider adding the words "protected and" hcfore "maintaiocd" and the words "and protect" a fter the word "preserve". 16. P.A-4. OSC-25. Same commcnt as in #14 above. Consider adding the words "negatively impact the protection of' after "not", and deleting the words "substantially affect". Consider substltUllng either the word "identified" or "designated" in place of the word "required". 16. P.A-5. OSC-27 105C-4J. Consider placing a coma aftcr "vistas", and the word "and" after "poillls" and deleting the word "or". ]7. P.A-5. OSC-28. J believe that this section should include a reference to a map to be included in the GeneriJ] Plan that identifies all "key roadways" by legend and hy color delineation and/or that the tenn "key roadways" be defined. JR. P.A-5. OSC-30 [CWP EQ-3.11]. Consider adding the words "The preservation of' hefore "Visual" and [he words "a major consideration of the Town'. in place of "considered". . 19. P .A-5. OSC- 3 I I CWP EQ-2.72]. Consider adding the words "to the greatest extent feasible" to the end of this section. 20. P .A-5. OSC-32. ] believe that the word "significant" is ambiguous. If that word is to remain. it should bc defmed. Consider adding the word I'maximum" before hextent". 21. Grading. Should a policy be considered that speak.... to requiring necessary g~ading to he performed such that it will, to the greatest extent feasible, cause the lease disruption to n,eighbors, to the a~r q~ality, etc., or is or should such a concept addressed elsewhere in another of the General Plan elements, Zoning Ordinance, etc.? Open Space & Conservation Element Issues Paper - Dccember 2003 Richard B. Collins Page 4 22. P .A-6. OSC-38. Consider adding the words "shall encourage and promote" after "Town" and deletion of "may provide". 23. P.A-7. OSC-42. Consider substituting the word "shall" for "may". 24. I'.A-7. OSC-43 [OSC-I 0 & CWP EQ-3.5]. It is suggested that the words "historic sites" be added at the end of this section and that the word "and" be placed ahead of them for grammatical flow. . 25. P.A-7. OSC-44. Consider adding the words "and protect" after "preserve". 26. Green Building. 'Ibis term should be defined. Consider adding a section that addresses the Town's encouragement and promotion of Green Building principles to private projects. 27. P .A-8. OSC-55. Why are invasive,- exotic species cifplants even permitted'! PRECISE DEVELOPMENT PLAN, Rev. 3/03 28.4.08.02 2.(1) P. 4. Consider adding the word "written" before "statement" and the words "clearly provide that" before "service" and ~'or will be" after "is". Is a "will serve" \eUer all that the Towri wants to receive... or is there other pertinent information about capacity, other potential users, etc., that the Town will want to. know about, particularly, if for any reason the project is delayed in either is start or its completion? L~I-E MA\L # i' i i ~y.- Last Chance Committee to Save Tiburon Open Space 1/14/04 REC:~:::,'~VEr.) Kevin Bryant, Advance Planner Town ofTiburon 1505 Tiburon Blvd. Tiburon, CA 94920 , "\ -,' j ') i~ '1' ..1,;:\ 1\ L 1;(: cJL.j PLAf'Jr'IIN() DiVk~IO~j TCiVvTJ Of: T!L:I.mut'.] Re: Comments on ODen SDace & Conservation Element Issue.~ PaDer Dear Mr. Bryant: The Last Chance Committee ("Committee") welcomes this opportunity to provide comments on the December 2003 Open Space & Conservation Element Issues Paper ("OSC Issues Paper"), which is part of the Town ofTiburon ("Town") General Plan Update. The OSC Issues Paper is a very useful and significant starting point for the Town's review and refinement of the goals, policies and programs of the Open Space & Conservation Element ("OSC Element"). We look forward to providmg further input as this process continues toward the eventual adoption ofa new OSC Element. In the meantime, however, we note that most of the proposed changes recorrunended in the OSC Issues Paper are essentially designed to clarifY that the Town's current OSC Element already requires prime open space to be protected to the maximum extent feasible. Accordingly, the Committee recommends that the changes suggested in the OSC Issues Paper should be applied inunediately to all proposed development projects, rather than waiting until completion of the General Plan Update. The Committee's comments, which focus primarily on those policies and goals that address open space, rather than conservation, issues, refer to the goal letters and the policy numbers used in Appendix A to the OSC Issues Paper. In addition, all citations to page numbers refer to the pages of the OSC Issues Paper. At the outset, the Committee would like to offer a few general comments. First, the Committee commends the Town's Community Development Department on its proposed recommendations for revisions to the OSC Element. These recommendations reflect the community's commitment to preserving the Town's vital open space character (as demonstrated during the debate on Measure I and in the responses to the General Plan Update Survey) and they remedy many of the existing General Plan's inadequacies in regard to protecting open space from development. However, in order to ensure that future development is consistent with, and realizes the objectives of, the OSC Element's policies, the Town must establish procedures that will govern its review of applications. In so doing, the owners of parcels that include prime open space will be on notice as to the process that the Town will apply in considering an application for development of their land. 1114/2004 Second, we agree with Town staff that the OSC Element needs to explain the concepts of potential open spacc and primc open space in an introductory section. The introductory language proposed in the OSC Issues Paper provides a good initial start. We recommend that the OSC Element should be further revised to more fully explain that the OSC Element has long required the Town to protect prime open space to the maximum extent feasible. We also believe that the revised OSC Element should more clearly identifY the process that the Town will use to identify and protect prime open space. For instance, it should clearly explain that when an application is submitted to the Town for development of more than a single home on land designated as potential open space, the Town will initially consider the affected parcel a<; potential open space. Through the development review process, the Town will then analyze the quality of that undeveloped parcel to determine which areas have the highest value as open space (i.e., to identifY the "prime open space") and will then require that such prime open space be protected to the maximum extent feasible. Third, the OSC Issues Paper properly recognizes the need to review the Land Use element of the General Plan in concert with the update to thc OSC Element. In this regard, we believe it is imperative to revisit the range of land use densities that the General Plan specifies as potentially applicable to potential open space lands. The General Plan has long stated that the specified densities do not represent an entitlement and that environmental constraints may significantly reduce the density of development actually allowed on such lands. Despite this clariiYing language, some developers have nonetheless continued to propose projects towards the upper end of those density ranges even where obvious environmental constraints would preclude such projects from ever being approved. Because most, if not all, remaining potential open 'space land with development potential is highly constrained due to environmental impacts, and because developers often seek to portray density maximums as entitlements, it is appropriate to review assigned densities and assess if they should be revised. If the Town determines that it is not feasible to reduce thc range of densities currently specified in the General Plan, then we believe that the General Plan should more strongly state that the severe environmental constraints will typically prevent the Town from approving projects in these areas at the upper end ofthe density range. OPEN SPACE & CONSERVATION GOALS The Committee proposes that OSC Goals B, C, and D be revised to read as follows: OSC-B: To permanently preserve as much open space a'i possible. OSC-C: To protect, to the maximum extent feasible, tbe unique open space character ofthe Town, which is attributable to its large amounts of undeveloped land and open water. OSC-D: To protect as conservation areas, to the maximum extent feasible, all lands and other areas in the public trust. 1114/2004 2 PRIME OPEN SPACE The Committee endorses the recommendation that the new General Plan include a discussion about prime open space and its importance to the Town, as well as to add policy language regarding each prime open space attribute and characteristic. However, the Committee is concerned that the Plan's existing language, which states that "landowners are encouraged to design their projects to maximize protection of open space areas" (emphasis added) that contain the characteristics and attributes set forth in the General Plan, is too weak and will not achieve the Plan's desired objectives. The OSC Element must provide unambiguously that the Town will protect in perpetuity, to the'maximum ex1ent feasible, land with the characteristics and attributes of prime open space. Current Prime Open Space Policies The Committee recommends the following revisions to the current open space policies set forth on pages 14 and 15 ofthe OSC Issues Paper: OSC-l: The Town shall strive to permanently preserve, through sethacks, dedication, purchase or easement, exceptional structures, sites, open space, and sensitive environmental resources. The Town shall encourage the permanent protection of open space through: conveyance offee title to an appropriate government agency or land trust; easement; deed restriction; or other appropriate mechanism acceptable to the Town. OSC-4: Publicly- or privately-owned open space shall be permanently protected as open space. It is the Town's policy that publicly-owned open space parcels will not be traded or sold. In the highly unlikely event that any publicly-owned open space parcel is traded or sold, the Town shall, as promptly as feasible, acquire land of equivalent open space value. Current Prime Open Space Implementing Programs OSC-a seems to do no more than state the legal requirement for project consistency with the Town's General Plan. Although the proposed revision would apply to applications to develop parcels ofless than four acres, the program does not refer specifically to the goal of preserving prime open space and, thus, its effect remains limited. This program should be revised to expressly reference the General Plan goals of preserving prime open space to the maximum extent feasible. OSC-b appears to apply to all development applications submitted to the County. Although the objective of requiring Town review of a wider range of projects than is provided for in the current OSC Element is important and necessary, the Town may wish to provide some limiting language that achieves the objective, while not requiring Town staff to screen all development applications submitted to the County, most of which will have no impact on the 1/1412004 3 Town. For instance, the Town could restore the language "for development in the Town's Planning Area outside of the Town boundaries." Proposed Refinement of Prime Open Space Policies The proposal to revise existing OSC-t5 by creating three separate policies, OSC- 5,6 and 7, is a significant improvement. The Committee strongly supports the Town's recommendation to increase the amount of Potential Open Space on large undeveloped parcels that will be permanently preserved as open space from 50% to 75% (OSC-5, at page 16). The Committee recommends the following revisions to OSC 6 and 7, set forth at page 17 ofthe OSC Issues Paper: OSC-6: Recommend deleting the words "with respect to this General Plan" from second sentence and revising third sentence to read: "Development of open space within common arcas . or individual lots shall be prohibited by means of easement, deed restriction, or otber appropriate mechanism acceptable to the Town." OSC-7: Recommend deleting the words "in a substantive manner" from this policy. The OSC Issues Paper, on page 17, expresses concern that agreements with private land owners do not provide permanent open space protection and "may be lost or forgotten by either future land owners or the Town." The Issues Paper goes on to note (page 18) that the Land Use Element Issues Paper recommended that the Town, on its Land Use Diagram, designate as Open Space the portions of parcels that are subject to open space easements. The Committee supports this latter recommendation, while also noting that the Town could require that private land owners, while retaining fee title over their property, grant to a land trust or land conservancy a permanent conservation easement over that portion ofthe property to be preservcd in perpetuity as open space. The easement will be recorded with the County, which will reduce any concern that it will not be lost or forgotten. The conservation easement will appear on any title search of the property, which should be a required submission by the property owner as part of any development application to the Town or County. Requiring that the Town or the Marin County Open Space District be named as a third party beneficiary, with authority to enforce the conservation easement, would provide additional protection for the open space. These concerns could be addressed by making corresponding cbanges to OSC-6. The Committee recommends the follmlving revisions to the proposed open space policies set forth on page19 ofthe OSC Issues Paper: OSC-2: In considering whether open space land shall be dedicated to the Town or other public entity, the benefits to the community of public ownership shall be weighed against the costs of owning the land. " OSC-3: The Town shall strivc to secure, through trail easements that connect to other public trails or through other appropriate mechanislTL~, public access to those 1/14/2004 4 portions of open space land which are most usable and have the highest value to the community. In regard to OSC-2, the Committee recommends that the Town include in the OSC Element a policy regarding the provision of funding for the long-term management ofland to be permanently protected as open space. The policy might include reference to such funding mechanisms as Landscape and Lighting Districts or Geologic Hazard Abatement Districts, where appropriate. In other cases, it may be appropriate for the Town to require a developer to create . an endowment for such long-term management of open space. The Committee further recommends that the OSC Element include a new policy that ensures that in those situations where the Town must allow some development on land that possesses the characteristics and attributes of prime open space in order to avoid an unconstitutional taking, lands possessing the highest open space value will not be developed. Slope Policy '..,.: OSC-7 Slope policy. Recommend reconsidering changes to our 40% slope policy. The city of Nova to, now (as oflast night) restricts Residential development from lands with average slope greater than 25% (Novato ordinance div. 19.26). We believe Tiburon should do the same. Ridgeline Policies The Committee recommends the following revisions to the proposed open space ridgeline policies set forth on pages 20 and 21 of the OSC Issues Paper: Consider redefining the "Tiburon Ridge" so that it includes the primary ridgeline ending at the "knoll" overlooking Angel Island. OSC-9: Recommend replacing the words "consideration to protect" with "protection of." OSC-IO: Recommend replacing the word "from" with the words "of either side of." OSC-12: Recommend replacing the word "from" with the words "of either side of." OSC-21: Revise to read.. .."from either side of the top of each of the banks" Corresponding changes should also be made to the Precise Development Plan Submittal Requirements in the Zoning Ordinance. For instance, S 4.08.02(4)(A)(1)(i) should be amended to replace the words "top of bank" with "top of each bank." In addition, the Committee suggests that the following ridgeline policy be included in the OSC element: 1114/2004 5 Development of structures and improved yard area, including landscaping, shall be set back a minimum ono vertical feet from Significant Ridgelines, measured from the highest point ofthe roofline of a structure. Ifthis policy prevents all reasonable use of the property, encroachment into the setback may be allowed provided that the structures are limited to a maximum of one story or 15 feet in height, as defined hy the Tiburon Zoning Ordinance, and provided that both horizontal and vertical encroachment are minirriized. Policies Applicable to Water and Shoreline Areas The Committee recommends that the OSC Element include conditions on the replacement of existing structures built over water (OSC-14 at page 24) so that the replacement structure does not replicate any adverse impacts, such as visual irripacts, of the existing structure that is being replaced. Wetland Policies The Committee recommends that OSC-19 (page 27) be revised both to define what is meant by "potential wetland areas" and as follows: Buffer zones of at least I 00 feet shall be provided, to the maximum extent feasible, between development and identified or potential wetland areas. Wildlife and Habitat Policies The Committee recommends that OSC-25 (page 30) bercviscd as follows: The Town shall ensure, to the maximum extent feasible, that development does not substantially affect special status species, or special communities known to occur within the Town or the Tiburon Planning Arca. View Policies The Committee recommends that OSC-28 (page 30) be revised to insert the word "maximum" before the words "extent feasible." We also recommend adding: Preserve views to the maximum extent feasible from public open space in the Tiburon planning area. In addition, the Committee notes that Appendix C to the OSC Issues Paper reviews excerpts from the Marin Countywide Plan to dcterminc thcir appropriateness for inclusion in the Town's General Plan. However, the Appendix does not mention the Marin Countywide Plan ridgeline setback policy, (planning development district standards 2216.030f2) which provides that the development of new structures shall be prohibited within 100 vertical feet and 1114/2004 (, 300 horizontal feet of visually prominent ridgelines. We urge the Town to reconsider whether this policy-which is more stringent than the Town's-should be included in the Town's General Plan. The Committee appreciates the Town's consideration of its comments on the OSC Element and looks forward to working with the Town on this important project. Very truly yours, ) ;' ! ,~-I'O(L^-~'"", I . , \J , , I"~ I vI' .'L',: [' /~-~. fl l ,IV" " I //-j ~/ .../.~ 1 ':i ; /) / / (~1---- Joanna Mason Kemper and Jerry Riessen Co-Chairs Last Chance Committee 1911 Straits View Drive Tiburon, CA 94920 1114/2004 7 From Joanna Mason Kemper The Last Chance Committee 1/14/04 Kevin and Planning Staff, Town OfTiburon Below you will find an edited version of your appendix. I have shown strikethroughs of your words we recommend changing and have placed our recommended wording in italics. I havc starred' areas, where we arc recommcnding new policies or changes. Thank you for the opport\mity to comment. APPENDIX A: SUMMARY OF RECOMMENDED OPEN SPACE & CONSERVATION GOALS, POLICIES AND PROGRAMS This is a summary of the goals, policies, and progmms recommended in the Open Space & Conservation Issues Paper. Policies are given numbers in this Appendix. Where a goal, policy, or program is carried over from the existing General Plan, the current policy number is given in parentheses. GOALS OSC-A: To protect and enhance the Town's uniquc open space and natural beauty. ;/ OSC-B (OSC-B): To permanently preserve as much permltflefltc open space a~ possible. vi OSC-C (Policy OSC-l): To protect the sense of open space that is provided by the to the maximum extentfeasihle, the unique open space character of the Town, which is allribUlable to its large amounts of undeveloped land and open water. to tHe maximum eluent feasible. ./ OSC-D (OSC-C): To protect as conservation areas, to the maximum extent feasihle, all lands and other areas in the public trust. as eOAservat*m areas-te-the HlaKiAlum eJttent feasible. Tnwn q( Tihuron General Plan Update Open Space & Conservation Element.lssues Paper Appendix A Decemher 2U03 Page A-I OSC-E: To manage the Town's open spaces for the use and enjoyment of the entire community. OSC-F: To preserve and improve the quality of the environment through resource conservation, resource management, and pollution control. POLICIES \1 OSC-l (OSC-8):'Preservation. The Town shall strive to permanently preserve through setbacks, dedication, purchase or easement, exceptional structures, sites, open space and sensitive environmental resources. through setbaeks, dedieatisR, pW'ehase sr easement. The Town shall encourage the permanent protection aeeeptB.Ree eflaRds to be permanently preteeted m of open space through: conveyance <!fiR fee title to an appropriate government agency or land trust; eF-by easement; deed restriction;, or other appropriate mechanism to methods IDlHld acceptable to by the Town. ( OSC-2: In considering whether open space land shall be dedicated -ffi ooeeJlt dedieatiaR of OfJeR SJlaee land to the Town or other public entity, the benefits to the community of public ownership for tile eommllRity shall be weighed against the costs of owning the land. / " OSC-3 (OSC-9): The Town shall strive to secure, through trail easements that connect to wiIh other public trails or through other HSe appropriate mechanisms, me_ /8 seal/Fe public access to those portions of open space land which are most usable and have the highest value to the community. sooh as obtaiRieg trail easemellts ta saRReet witll atller pllblic tfails.c . / OSC-4 (OSC-13): Publicly- or privately-owned open space wlliell has been de'/oted te opee Sflaee shall be permanently protected as aRd made fJermaneRt open space. It is the Town's policy that publicly-owned open space parcels will not be traded or sold. In the highly unlikely event that any publicly-owned open space parcel is traded or sold, the Town shall, as . promptly as feasible, acquire land <!fequivalent open space value. PRESERVATION OF PRIME OPEN SPACE OSC-5 (OSe-l5): To the extent feasible, 75% of the area oflands designated as Potential Open Space shall be preserved as permanent open space. Town Qf Tihuron General Plan Update Open Space & Conservation Element Issues Paper Appendix A Decemher 2003 Page A-2 I ,j OSC-6 (OSC-15): The Town prefers clustering ofJots in new subdivision design to gain tbe greatest value of the land preserved as open space. However, where the Town determines that a superior project witH re~peet to tHis GelJeral PlalJ would result, "estate lot" type development may be considered. Development of Depen space within common areas or individual lots shall be prohibited from develepmeflt by open-spaee by means of easement, deed restriction, or other appropriate mechanism mellflS acceptable to the Town. Open Space Continuity ./ OSC-7 (OSC-15): Where possible, land that is proposed for preservation as permanent open space shall be contiguous in a 5Hllstant.we-maflflef to existing open space and/or Potential Open Space areas. OSC-8 (OSC-14): Where appropriate, greenbelts shall be required to separate development areas or to link open spacc areas. Ridgelines ./ OSC-9: In balancing open space interests with development interests, the cOlJsideratiefl to preteet protection of predominantly undeveloped ridgelincs shall be of the highest priority. ,/ OSC-IO (OSC-5): Development of structures and improved yard area, including landscaping, shall be set back a minimum of 150 horizontal feet from of either side of the Tiburon Ridge. / OSC-II (OSC-5): Development of structures and improved yard area, including landscaping, shall be set back a minimum of 50 vertical feet from or either side the Tiburon Ridge, mea,<;ured from the highest point of the roofline of a structure. J OSC-12 (OSC-5): Development of structures and improved yard area, including landscaping, shall be set back a minimum of 1 00 horizontal feet from o/either side Significant Ridgclines. lrstriet application a/policies 08C-10 through OSC-12 prevents all reasonable use of the properly, encroachment into the setbackl' may be allowed provided that structures are limited to a maximum 15/eet in height, as defined by the Tiburon Zoning Ordinance, and provided thar both horizontal and vertical encroachment are minimized. Town of Tihuron General Pian Updale Open Space & Conservation Element Issues Paper Appendix A Deccmhcr 20G3 Page A-3 Water and Shoreline Areas OSC-13: Use of open water shall be limited to landings for boats; boating, swimming, and fishing; and parks. *OSC-14: Maintenance and replacement of existing structures built over water shall be allowed. Expansion of existing structures or construction of new structures over water shall be prohihited. OSC-15 (CWP EQ-2.42): The Town shall preserve and enhance the diversity of wildlife and aquatic habitats found in the Planning Area' bayfront lands, including tidal marshes, seasonal marshes, lagoons, wetlands, and low-lying grasslands over historical marshlands. OSC-16 (CWP EQ-2.43): Development shall not encroach into sensitive wildlife habitats, limit normal range areas, or create barriers which cut off access to food, water, or shelter, or cause damage to fisheries or fish habitats. Access to environmentally sensitive marshland and adjacent habitat shall be restricted, especially during spawning and nesting seasons. OSC-17 (CWP EQ-2.46): Freshwater habitats in the bayfront areas associated with freshwater streams and small formcr marshcs should be preserved and/or expanded so that the circulation, distribution, and flow of the fresh water supply are facilitated. OSC-18 (CWP EQ-2.62): Those areas underlain by deposits of "young muds" should be reserved for water-related recreational opportunities, habitat, open space, or limited development subject to approval by the Corps of Engineers and other trustee agencies. Wetlands ,I *OSC-19: Buffer zones of at least 100 feet shall be provided to the maximum extent feasible. between development and identified or potential wetland areas. where feasible. OSC-20: The Town shall ensure that development complies with all federal and state regulations regarding jurisdictional waters and wetlands. Streams and Riparian Corridors / OSC-21 (OSC-12): The Town shall requirc open space buffers of at least 100 feet from either side l?fthe top of each of the banks of perennial and Town of Tihuron General Plan update Open Space & Conservation Element Issues raper Appendix A Decemher 2003 Page A-4 intermittent watercourses and at least 50 feet from ephemeral watereourses to minimize disturbance of natural vegetation and maintain the aesthetic, seenic and environmental attributes of the corridor. Where modification of eorridors is required for flood control or crossings, such modification shall be done in an environmentally sensitive manner that enhances, replaces or retains vegetation. Flood-Prone Areas OSC-22: New subdivisions shall avoid development of lands that are shown to be within the 100-year flood hazard zone as shown on the current FEMA Flood Ratelnsurance Map. OSC-23 (CWP EQ-2.64): Areas defined as floodplain should serve the dual purpose of habitat and flood protection. Wildlife and Habitat OSC-24 (LU-16 & CWP EQ-3.6): A diversity and abundanee of wildlife and marine life shall be maintained. The Town shall strive to preserve to the greatest extent feasible wildlife habitat in the open spaces, shoreline, marshes, mudflats, and other biologically sensitive areas. / OSC-25: The Town shall ensure.. to the maximum extent feasible, that development does not substantially affect special status species, or special communities known to occur within the Town or the Tiburon planning area. aG rcqllirca by fcacriil aAd s:atc laws. *Steep Slopes OSC-26 (OSC-7): The Town shall discourage development on slopes exceeding 40% wherever possible. *Views OSC-27 (OSC-4): Principal inboard and outboard vistas and view points or corridors on land subject to development shall be identified and preserved to the maximum extent feasible. Town olTibu.rnn Generat Pian Updalc Open Space & Conservation Element Issues Paper Appendix A Decemher 2003 Page ..1-5 / OSC-28: Open space views from key roadways, including Tiburon Boulevard, Trestle Glen Boulevard, and Paradise Drive, shall be maintained to the maximum extent feasible through the development review process. OSC-29: Development shall be encouraged in areas where it least interferes with inboard and outboard views to the maximum extent feasible. OSC-30 (CWP EQ-3.1 1): Visual qualities and the view potential of the natural and built environment shall be considered in any project review. OSC-31 (CWP EQ-2.72): The Town shall protect visual access to the bayfront and scenic vistas of water and distinct shorelines through its land use and development review procedures. Trees OSC-32: Significant trees, tree stands, and tree clusters shall be preserved to the extent feasible. Grading OSC-33 (OSC- 1 1): Grading shall be kept to a minimum and every effort shall be made to retain the natural features of the land including ridges, rolling landforms, knolls, vegetation, trees, rock outeroppings, and water courses. OSC-34 (OSC-ll): Excessive grading to stabilize soil is not in the best interest of the Town and is inconsistent with the Town's desire to retain natural landforms, and is therefore to be avoided to the maximum extent feasible. OSC-35 (OSC-ll): Where grading is required to stabilize areas of geologic instability, the graded area shall be returned to the appearance of a natural landform. OSC-36 (OSC-7): Slopes created by grading shall not exceed 30%. Final contours and slopes shall reflect natural land features. OPEN SPACE MANAGEMENT Town oj"Tiburon General Plan Update Open Space & Conservation Element Issues Paper Appendix A December 2U03 Page A-6 OSC-37: The Town shall encourage conservation and education uses orits public open spaee lands. OSC-38: The Town may provide conservation and education facilities, including nature trails, interpretivc exhibits, day camps, nature study areas and other related facilities in areas where the effect on the natural environment will be minimal. OSC-39: The Town shall encourage and seek agreements with other governmental jurisdictions such as County, State, Federal and other agencies for funding, acquisition, development, maintenance and use of open space areas. OSC-40: The Town shall encourage and promote cooperation and participation of private groups, organizations, and individuals in the planning, operation and preservation of open space lands as deemed necessary. OSC-41: The Town shall, where desirable, coordinate the use of its open space lands with other public and quasi-public lands that are contiguous to or otherwise inter-related. OSC-42: The Town may engage in or authorize landscape restoration and/or enhancement programs wherc the natural landscape ha~ been altered or degraded and when funding and rcsourccs allow. RESOURCE CONSERVATION Historical & Cultural Resources OSC-43 (OSC-IO & CWP EQ-3.5): The Town shall protect historic sites, geological, ecological, archaeological and paleontological resources. OSC-44: The Town shall strive to preserve structures and properties which have historical, cultural, acsthetic or other special character or interest to the Town. Water Supply OSC-45: Support the efforts of the Marin Municipal Water District (MMWD) to conserve the use of water through enforcement of the Town's water conservation ordinance requiring implementation of water conservation measures. Town of Tiburon Generall'lan Update Open Space & Conservation E/e11U!nl issues Paper Appendix A Decemher 2003 Page A-I OSC-46: The Town shall coordinate planning activities with MMWD to ensure that both the Town and MMWD have the latest information with respect to land use and water supply planning. Water Quality OSC-47: (CWP EQ-2.31): Water quality should be maintained or enhanced in order to promote the continued environmental health of natural waterway habitats. OSC-48: The Town shall continue to be an active member agency of the Marin County Stonnwater Pollution Prevention Program (MCSTOPPP) to reduce pollution being conveyed through stonn water systems to the Bay and to comply with federal and state water quality regulations. Air Quality OSC-49: The Town shall participate in efforts to voluntarily reduce activities that pollute on Spare the Air days and help publicize Spare the Air day activities. OSC-50: The Town shall promote the reduction of particulate matter from construction sites, roads, parking Jots, !IDd other sources through best management practices (BMPs). Solid Waste and Recycling OSC-51: The Town shall continue to meet or exceed waste diversion targets set by the state. OSC-52: The Town shall require as a condition of approval of use permits that businesses prepare and implement waste management plans to maximize recycling. Green Building OSC-53: The Town shall continue to pursue opportunities to improve energy efficiency and reduce resource consumption in Town-owned facilities and operations. OSC-54: The Town shall apply green building principles to the design, construction, and operation of new Town and Town-sponsored facilities to Town ofTiburon General Plan Update Open Space & Consc/'Vation Element l,sues Poper Appendix A December 2003 Page A-I-! provide long-tenn cost savings and to serve as an example for thc community. Invasive Species OSC-55: The use of native plants for landscaping shaH be encouraged and the planting of invasive, exotic species shall be discouraged. OSC-56: Prior to construction of new developments, the removal of invasive, exotic species, such as broom and pampas grass, shall be required. OSC-57: New developments shall be required to ensure ongoing removal of invasive, exotic species through home owners associations, covenants, conditions and restrictions (CC&Rs), or other appropriate mechanisms. IMPLEMENTING PROGRAMS '" "OSC-a (OSC-a): Proponents of projects sha1l be required to submit proposals which demonstrate compliance with the General Plan and applicable regulations, ordinances and guidelines. ./ , "OSC-b (OSC-f): The Town shall review development applications submitted to the County in order to encourage confonnance with Town policies, including minimizing the visual impact of development on surrounding hiHs visible from Tiburon. OSC-c: The Town shall develop and adopt an overlay zone for the area containing the Town's Inventory of Local Historical Buildings and adopt additional protection measures for the structures identified by the Town. OSC-d: Revise the Town's water conservation ordinance to reflect changes in MMWD's water conservation ordinance. OSC-e: Consider the adoption of a wood smoke ordinance to reduce the emission of particulate matter into the air. OSC-f: The Town shall pursue the gradual replacement of the Town's vehicle fleet with zero or low emission vehicles, where appropriate. OSC-g: The Town shall attach BMPs to pennits which are issued by the Town, as appropriate. Town ofTiburon General Plan Update Open Space & Conservation Element Issues Paper Appendix .4 Decem he,. 2003 PagcA-Y OSC-h: Recycling bins shall be placed adjacent to refuse cans on the Town's public property, with special emphasis on high traffic areas, such as Shoreline Park and the Richardson Bay Lineal Park. OSC-i: The Town shall continue to.be an example and a resource for the community in recycling by continuing programs like the household battery program and reducing waste in conducting the Town's business. . Town of Tiburon General Plan Update Open Space & Conservation Element Issues Paper Appendix A December 2003 PageA-IO RECE:~~rED ~, ~ ~~~~~~OCHSmASSER .IAN 1 fi 2004 PL/!.,NNING DIViSION TOWN OF TIBUi-<-OI\' , 3727 Forest Gate Drive' Iowa City, IA 52240 USA' Tele(319) 354-3290' Fax 354-3051 'E-Mail slhlipa@aol.com 42 Glen Drive, Suite B' Fairfax, CA 94930 USA' Tele(415)459-6224' Fax 459-5810 January 13, 2004 Scott Anderson, Director of Planning , Town ofTiburon 1505 Tiburon Blvd. Tiburon, CA 94920 by Fax and U.S. Mail RE; Town of Tiburon General Plan Update Open Space and Conservation Easement Issues Paper - Comments Dear Scott; My office has been retained to represent the Martha Company, owners of approximately 110 acres of property located in the unincorporated County of Marin and adjacent to the Town of Tiburon municipal boundary. My client is concerned about the mapping and recommended policies contained in the "Open Space and Conservation Easement Issues Paper" prepared by the Community Development Department staff in December 2003. Accordingly, we have the following general and specific comments. General Comments Although the report is well written and contains several excellent maps it does not make mention that the majority of the "potential open space" in the Tiburon Planning Area is located outside of the Town boundary. There is no policy or program analysis discussing how the unincorporated lands designated "potential open space" will be governed by the Town given the fact that they are outside the Town jurisdiction. Accordingly, goals, objectives and application of the policies and programs recommended would be very difficult to achieve. The plan should clearly disclose to the citizens ofthe Town that the Town's autbority to apply the programs and policies to lands outside of the Town' s jurisdiction is significantly limited to an advisory role. The plan should include some analysis of the public policy context (LAFCO, Marin County) governing the land use for property designated "potential open space." Secondly, the Town's land use designation of "potential open space," particularly for properties located outside of the Town's current boundary seems to ignore the current land use designations specified in the Marin Countywide Plan and Development Code. Additionally, properties within the Town boundary and outside oftbe boundary in unincorporated jurisdiction have recent development plan approvals and/or court ordered land use stipulations that are inconsistent with tbe recommended "potential open space" designation. For example, 14 acres of Page I of 5 property located within the Town boundary on the frontage of Trestle Glen Blvd and south to Stewart Road was recently approved by the Town for 3 estate homes and is no longer "potential open space." The Martha Company property, 110 acres of property located just outside of the Town boundary on Paradise Drive frontage and east of Ridge Road, has a Federal Court judgment requiring the County of Marin to pcrmit construction of a minimum of 42 single family homes. Without discussion and acknowlcdgmcnt of the facts of the status of the lands being considered for "potential open space," the plan fails to achieve its purpose of providing information and analysis that will help frame review and refinement of the process. More importantly, without some careful analysis of the status of these properties, the plan may mislead Tiburon citizens about the "actual" or real potential for these properties to be future open space. Specific Comments More Tables Needed To assist the public and owners ofthcprivatc properties designated as "potential open spacc" it would be helpful to have a table listing all of the properties. The table should include the APN, size, owner, in/out of Town boundary, current use, land use designation and zoning, current entitlement status, and a brief summary of the property attributes that identifY it as a "potential open space" resource. It would also be helpful if a table is provided that shows a total of the Town boundary area and current percentage of the total area that is currently in public and private open space. A similar table for "potential open space" outside of the Town boundary is also needed. With this information, a number of comparisons can be made. For example, you could compare existing Town open space to State standards, maybe using the Quimby Act regulations as a threshold. What is missing from the plan is an analysis of how much open space is needed to achieve the Town's goals, not how much "potential open space" exists. (See Page 9, Policy OSC-I: what is the "sense of open space that is provided by the large amounts of undeveloped land" 7) Can the' Town goals, "the sense of open space", be met without designating a significimt number of properties outside the Town boundary "potential open space" 7 Open Space Managemenl Policy A full disclosure of the amount of open space and the audit and management cost spent currently by the Town is needed. The plan (See Page 3) discusses past efforts to acquire open space but there is no discussion of projected costs for acquiring properties designated "potential open space." There is no discussion about the future projected costs to maintain public open space and/or the fact that open space is a land use with future management costs. It has been clearly demonstrated in Marin County that, as open space areas increase, the public demand for use expands. Open spaec use generates potential traffic. parking, fire, geologic and other potential safety hazards to surrounding properties. What is the Town's plan for managing use of future expanded open space areas 7 An analysis of what the public cost to thc Town would be for Page 2 of 5 acquiring land and management of all the "potential open space" should be provided in the General Plan EIR. Prime Open Space On page 22 of the issue paper there is discussion about the concept of "prime open space." Staff notes that the current General Plan lacks clarity about the relative importance of these open space criteria. The discussion goes on to say that the "prime open space" policies recommended are intended to apply "principally" to property designated "Potential Open Space." Does this mean that redevelopment of developed large estate lots in the planning area will not be subject to the "prime open space" policies? There are several larger developed residential properties in the Tiburon Planning Area that if redeveloped could have significant impacts on property characteristics described as "prime open space." To be consistent and ensure achieving the Town open space goals the Town should consider application of the "prime open space" policies not just to Vacant Land (Potential Open Space), but also to large developed properties rich in land/water-based resources where the potential to redevelop may result in impacts on open space. G. Deletion ofObso/ete or Unnecessary Programs Staffhas made some recommendations in the issue paper to delete existing policy and programs currently contained in the Geneml Plan. Specifically, staffclaims that because of new polices recommended for the General Plan 2020, Program OSC-b: Defining Vista and View Corridors and Ridgelines can be deleted. Staff recommends leaving the definition of important and vistas and view corridors to the development review process. Vista and View Corridor Areas The current Tiburon General Plan, Program OSC-b calls for two actions by the Town. First, to define secondary ridgelines of significance which was done by the Council in 1992 by adoption of Resolution 2859. The second part of the program calls for the Town to develop and adopt guidelines defining vistas and view corridors of significance. This has not been done. However, staff claims that the new General Plan Policy (pp. l4, 30) provides clear direction on vista and view corridors and further definition can best be provided during the development review process when sites are being closely analyzed. Leaving the definition of significant vista and view corridor areas to be defined during the development review process is unreasonable and unfair to private property owners and the public. Vista and view corridor areas are, based on the community survey results, a very sib'flificant concern: Without a more careful analysis and definition of the significant corridors a property owner who presents a development application ha~ no way of knowing what the vistas and view corridor areas are and there is no threshold for measuring project consistency with Town policy. Visual impact analysis is subjective.enough already. Unless thc Town defines visual corridors more clearly the plan will not achieve its stated goal of providing information and analysis that will help frame the development review process. Page 3 of 5 Marin Counlywide Plan Policy (1994) In several instances staff recommends incorporation of Marin Countywide Plan policies into the new Town ofTiburon General Plan. It should be noted that the County of Marin is also in the process of updating the Countywide Plan. Accordingly, some of the policies recommended for incorporation may actually be changed by the County in the very near future. The Town and the County staff should coordinate their efforts to avoid confusion, inconsistency and redundancy. Parks and Open Space Commillee On page 44 of the issue paper staff notes that appointment of an Open Space committee is no longer necessary. Staff adds that among the duties in the Municipal Code for Parks and Open Space Commission are to submit an annual report assessing the short and long term needs for additional parklands and improvements, and annually submitting a proposed budget to the Town Council for the acquisition or improvement of park and open space lands. Reviewing current and past reports from the Parks and Open Space Commission regarding short and long term needs for additional parklands and the annual budget to acquire and improve parks should be the basis for the "potential open space" proposal in the General Plan not the fact that these lands are vacant. Why isn't a copy of the Parks and Open Space Commission annual report provided in the Appendix and used as the basis for analysis of what it needed and what it budgeted for parks and open space? Where in the General Plan will the Town address the need for parks and playgrounds that can be used by all ages. The "potential open space" lands will not serve neighborhood park needs for residents that do not hike, bike or ride horses. What is the Town planning for neighborhood parks and recreation? What are the park design standards, how many are needed in the town, how big and where and how will they be improved? What is the Towns budget for parks and open space acquisition and where will the money come from to acquire all of the "potential open space" designated in the proposed plan. Conclnsion Without addressing the above noted issues the Town's new General Plan - Open Space and Conservation Element could mislead the general public and private property owners regarding the reality of "potential open space." Careful planning analysis of what park and open space needs are for the Town's citizens should be the basis for general planning. The analysis should be based on population, land area and existing conditions, thresholds and standards. For example, the vacant land designated for potential open spaee is vacant but it may not be in an area where a . park and open space is needed in the Town. What about neighborhood parks? Who is all the open space for ?Does it provide what is needed for Town recreation needs or is it a regional consideration that drives the "potential open space" mapping? If these future open spaces serve the region and draws the public who will pay for the acquisition and maintenance? The Town has the opportunity to clarifY many of the issues that have been the focus of discussion in the development plan review process since the 1989 General Plan was adopted. We strongly urge the staff, Planning Commission and the TownCouneil to address the real issues of Page 4 of 5 "potential open space," need for parks and open space. Clearly designate the vista and view corridor areas to be preserved in the updated Open Space and Conservation Element of the General Plan. By not addressing the above noted issues many ofthc current planning matters will remain unresolved. Without a careful plan for open space and conservation based on rational planning analysis that addresses the needs for parks and open space, and a realistic budget for acquisition and improvements special interests in the community may drive public policy. Thank you for the opportunity to comment on the issue paper. Please do not hesitate to phone with questions regarding this letter. ~ strasser CC: John Reed, Martha Company Irving Rabin, SODA Anders and Terri Swaim Gary Giacomini and Mary McEachron, Hanson Bridget Law Offices Gary Ragghianti, Law Offices David Warner,Redhorse Brian Crawford, Marin County Page 5 of 5 Comments on 12/03 Open Space & Conservation Element Issues Paper -Submitted by Randy Greenberg *old policy numbers are in fbracketsf Land Use Element Issues We should consider including in the LU element a program for the development of "green" building policies. I note that the proposed new County "Single Family Residential Design Guidelines" includes a fairly comprehensive list ofthese. Consider including in these a limit or ban on the number of wood burning fireplaces in new building and/or major remodels. I believe the County and other Marin cities have developed .related ordinances. Open Space Conservation Element Issues Paper: 1. Consider a redefinition of the "Tiburon Ridge" so that it includes the primary ridgeline to the end of the peninsula. 2. p, 2. Table 1. If this table is used in the General Plan, it should be accompanied by a coded map. In Table 1, a 25-acre 1973 purchase is described as being at the end of Gilmartin, near St. Hilary's Church. Is this description correct? 3. p. 10, para. below box. IOSC-D). Consider putting existing OSC-D both in the Safety element and in the Land Use element. This goal is directly relevant to development. Such a policy belongs in the Land Use element. As discussed during hearings on the LU issues paper, duplication is sometimes appropriate. 4. p. A-I. OSC-B. I agree that we should take out the language about "flexible guide" a~ . it doesn't belong iri the OSC element. I note that in the revised language the word "permanent" was left out. I suggest adding "permanently" before "preserve." In addition I question whether we should leave the specifics about protection and enhancement out, as they provide an explanation for the policy - which to my mind clarifies the goal and explains why it is reasonable, which is desirable. 5. p. A-I. OSC-C (OSC-I]. The phrase "sense of open space" is unclear to me. This needs to be better defined. For consistency with OSC-B, I think we should again include the word "permanent" before "protect". 6.p. A-I. OSC-D IOSC-C]. In the current plan, "conservation areas" are defined. Thi, was done to make the Plan more user-friendly. Conservation areas can mean different things; they should be defined directly in the goal, as is currently done. Again, the phrase "permanent protection" should be used. 7. p. A-I. OSC-E. The language offered seems to me to imply and invite active uses. In cases of sensitive habitat and/or steep and unstable areas open space provides view sheds, habitat value and a peaceful quietude. Such areas should not be managed for "use" in the sense of activity. Better wording might be: "for the benefit of the entire community". Randv Grecnhcrn . . Co Draft OSC Element comments 1/14/04 Pagel of 3 8. p.1I1. B. Prime Open Space. Why isn't the Tiburon Ridge included in the bulleted list? 9. p. A-I, OSC-l IOSC-R]. Insert "pcrmancntly" before "preserve. 1 n. p. A-2. Preservation of Prime Open Space. Under this section, suggest new item indicating that when the Town must allow development of prime open space to avoid a taking, density must be kept a minimum. 11. p. A-2. OSC-4 IOSC~13]. Suggest new language: "PubJic or private land which has been devoted to open space shall be permanently protected". . . 12. p. A-2. OSC-7 IOSC-I5]. Suggest deletion of "in a substantive manner" as it invites controversy. Prefer reasonable case-by-ease assessment on this issue. 13. p. A-2. OSC-RIOSC-]41. The revision starts: "Where appropriate..." Without definition or standards, this language invites controversy. 14. p. A-3. OSC-]O IOSC-5]. Insert "on either side of" before "Tiburon Ridge" for clarity. In addition, consider reinstating the current language: "Undeveloped ridgelines have overriding visual sil,'llifieance to the Town. To the maximum extent feasible, all new development shall be set well below the ridgelines." I believe an umbrella statement such as this adds weight to the setback policies, encourages their enforcement and educates the reader. I believe the County has a l,'Teater horizontal setback from ridgelines. We should considering adopting a conforming policy. ]5. p. A-3. OSC-]] IOSC-51 Insert ,"either side of' before "the Tiburon Ridge" for clarity. 1 believe the County policy is a ] 00 vertical setback from ridgelines. We should considering adopting a conforming policy. ]6. p. A-3. OSC-12 IOSC-5]. Add "either side of' before "Significant Ridgelines." Consider adding vertical setbacks for sil,'llificant ridgelines for consistency and for protection of the visual qualities of these ridgelines. 17. p. A-4. OSC-19. Add "to the maximum extent" before "feasible". While this addition still allows for reduction of buffer zones, it gives the direction in this policy greater weight and acts to more effectively protect wetlands. 18. p. A-4. OSC-2] IOSC-121. Add "each" before "bank" and "each bank of' before "ephemeral watercourses" to clarify that the setback is fTOm each side of watercourses. 19. p. A-4. OSC-25. Consider deleting the word "substantially" which invites controversy and has no real meaning without defined standards. Add "to the maximum extent feasible" after "ensure". Randy Greenberg Draft OSC Element comments 1/14/04 Page 2 of 3 20. p. A-5, OSC-26 IOSC-7]. I note that otber Marin jurisdictions have more stringent slope policies. Novato, for instance, requires that slopes not exceed 25% for residential development. Consider reevaluating the 40% figure. 21. p. A-5. OSC-28. Insert "maximum" before "extent feasible". 22. p. A-6. OSC-38. Change "effect" to "impacts". 23. p. A-6. OSC-41. Delete tbe "to" after "contiguous and insert "to Town open space" after "inter-related". 24. p. A-6. OSC-42. Add "on its open space land" to end of sentence for clarity, assuming this is the intent of this policy. 25. p. A-7. Water Supply, Consider an implementing program to require or encourage the use of !,'I"ay water for irrigation in new building and major remodels. 26. p. A-8. OSC-54. Suggest an associated implementation program such as: 'The Town shall develop an ordinance or guidelines for outlining !,'I"een building principles. 27. p. A-8. OSC-a. Replace the word "Proponents" witb "Applicants". 28. p. A-8. OSC-b IOSC-f). Insert "within its sphere of influence" after "development applications" . Precise Development Plan, rev. 3/03 4.08.02 Contents. 29. All maps submitted (e.g. grading, resource conservation, erosion & siltation control, landscape, geoteclurical, slide repair, etc.) should be drawn to tbe same scale to allow better analysis. 30. c. In regard to the grading plan: Where a developer does not intend to build housing, but just to develop and sell ,Jots, grading plans should be required to show grading for "conceptual" houses so that tbe Town can have a reasonably clear idea of total grading required for a project. Based on the language in "c", I am not sure if this is required. 31. 4.08.04 Principles. I believe we should explicitly stated that "Development on geologically hazardous areas is to be avoided to the greatest extent possible" in this section. Randy Greenberg Draft OSC Element commcnts I /14/04 Page3of3 PUBLIC HEARINGS 2. GENERAL PLAN UPDATE: REVIEW OF OPEN SPACE AND CONSERVATION ELEMENT ISSUES PAPER; Take Public Comment for a Rcport to the Town Council Rcgarding Recommcndation for Gencra] Plan Goa]s, Policics and Pro/,'rams lor the OS and Conservation E]cment of thc Gcnera] Plan. Community Dcve]opment Director Anderson introduced Kevin Bryant, Advance Planner. Planner Bryant rcviewed the Stafl"rcport. The public comment period was opened. Reza Pourilln, who owns lots on Paradise Drive, stated open space is a nicc package to take ovcr someone's lot to stop them from building on the lot. Solid waste and quality of water become issues that pcop]e respect,' and arc issues to prevent his building on his lot. When he purchased the lot there were no restrictions on it. He asked that the Planning Commission consider the number of lots rccommcnded for open space-there are not that many that will affect solid waste. His lot is meant for his.retiremcnt. Neighbors want the lot to be open space for them. His two lots are above Paradise Cay; one is two acres and one is.three acres. Commissioner Greenberg stated therc has been an open spacc policy sincc ] 989 and there are modest changes being proposed at this time, and asked ifhc bclieves that there are changcs that will prevent him from building. Mr. Pourian stated he would have to hirc an attorney to answer the question. Jerry Riesscn, Last Chancc Committee, statcd he will submit a comments letter. He believes, since] 989, the Tiburon General Plan has protected opcn space to the maximum extent feasible. He applauds all such cfforts and asked that recommendations in the Gcneral Plan Updatc be utilized today for any planning decisions on dcvelopment projects. Staff and consultants have added spccificity to what was a]rcady in thc Plan. Open space is the dcfining charactcr of the community and that it was desircd to be maintained. Thc General Plan Update is a /,'fcat step torward in preserving open space. Remaining properties havc not been dcveloped because therc are substantial environmental constraints, such as landslides and acccss issues. On each property wherc there are environmental impacts, benefits will have to outwcigh thc environmcnta] impacts. He said that the lcss number oflots that are developcd, the better. Hc applaudcd the recommcndation to incrcasc the amount of open space to hc preserved on a lot to 75 percent. Hc suggested that the Tiburon Ridge be extendcd to the knoll, and not be terminated at the County boundary line. There are a number of proposals in his lettcr. With the money Tihuron residents have taxed themselves for open spacc, views from public spaccs should be prescrvcd. ATTACHMENT i TihurOI1 Planning Commission Mh1llfCS (~f'Januw~v /4, 20()4 2 Scott Hochstrasser, land use planner, working with owners who have property within the potential open space areas, stated the Issues Paper does not address what parks and open space is needed. Over 300 acres of potential open space arc outside the town boundary, of which there is no mention in the Issues Paper. It should be clearly spelled out that these policies, particularly the dcsi/,,'nation of open space and the oV(''l"lay of the prime open space concept, can only be in an advisory role because many properties arc outside the town limits. The Issues Paper is a summary of what the current General Plan has achieved. The General Plan Update should do more than revisit plans, policies and objectives. It should recommend policies which arc now appropriate. For county-zoned property, there is no acknowledgement that development entitlements have been granted. The Martha Project has a court judgment to pennit development. There is no summary of all properties proposed as open space and development standards for those, and what open spaces are needed has not been addressed. He asked what the "sense of open space that is provided by the large amounts" of open space is, and how much is needed. The General Plan should discuss acquiring and maintaining open space properties. The General Plan is for managing future open space, which is a land use. He asked who the open space is for: the Town of Tiburon or residents? The open spaces identified in the plan have a potential use. How prime open space in the Issues Paper is applied is not clear. He asked if it means large properties are or are not subject to open space resources. There are many lots that could he redeveloped or subdivided. Open space areas should apply to large Jots. OSC-b in the current General Plan called for the Town to define ridgelines, and to define vistas and view corridors. Staff has recommended this pro/,,'ram be removed. The Town should analyze views and vistas and make those the primary concern of the General Plan to achieve its purpose. He asked how planners can dcsi!,'1l if this is not known. Regarding removing the requirement that the Open Space Commission provide an annual report, he asked where the report is, if the purpose of the Commission is to address needs for parks and standards for developing parks. He asked where the money will come from to buy designated open space in the General Plan, and stated open space is not real until it is determined there is money to buy the property. He asked where the parks are for the children inside the town, and stated, without this analysis, if property owners do not know what the plan is, the reality of the plan makes no sense. This precludes planning f()r neighborhood parks. There is a danger parks will be detennined by special interests, not the whole community. George Landau, Sugarloaf Drive, stated he thought this meeting was to deal with open space only. Detennining the needs of open space was asked by Mr. Hoehstrasser. The Town should preserve what the Town has. Open space parcels have heen hought by the Town. Preserve as much open space as can be preserved. Parks are a separate issue, and open space is not addressed as a park. .loa!,! F'oster, Sierra Court, stated that she thought the discussion was about Tiburon's open space and parks. She is interested in thc [Richardson Bay] Lineal Park. She asked if the space near Blaekie's Pasture has been addressed, as instructed by the Town Council. Tihuron l'lanning Commission Mimacs f?(.Janllary /4, ]()()4 3 Planner Bryant responded that the discussion on parks will be latcr. This ineludes Blackie's Pasture. Undeveloped parcels on the ridge mostly are under discussion at this time. Ms. Foster added that it was asked that the Planning Commission rcturn with language to address parks. Planncr Bryant responded this will be done at a later time. Becky Pringle stated thcre are rights for both those who do not want development and thosc who have large properties to be developed. Thc planner in 1989 determined five acres per home and property owners had to defend their private property rights. When planning for other people's property, the Planning Commission should be fair and not impose taking of people's property. Measure I woul'd have been a taking of people's ,property without fair reimbursement. The General Plan should include not punishing the people who bought the empty property. Paying people for their property for open space is appropriate, restricting development in the General Plan is not appropriate. Consider lall!,'llage that considers the rights of all property owners in Tiburon and the sphere of influence. Jarlaith O'Connor, Paradise Drive, stated his property of 12.3 aeres is private property, and people's private property should not be appropriated but should be sold at market value. To desi!,'Ilate private property as open space is not acceptable. He said that his property will not be taken without a trip to the Supreme Court. Fiona O'Connor asked if there should not be an Environmentallmpact Report completed for these properties. She stated some parcels have two acres, some have more or less, and zoning should be the same for all properties. The green on the map over her parents' property is threatening; it docs look like eminent domain. She asked if there is a plan to pay people for their property. Mr. Oloumi, on behalf of his father, stated the language "75 percent open space" is not clear, and asked if one can build a tennis court in that arca. He statcd it is threatening to put green color on a map on people's property, and added keeping 75 percent ofa lot f(lr opcn space is a ](\t. Their propcrty is in the Eagle Rock/Bay Vista area and is about six acres. Hc asked how it becomes part of Tiburon, and stated there arc many unclear issues. The Town ofTiburon should buy all the !,'Teen-colored arcas on the map. Betsy Little, Ridge Road, asked that thc Commission give consideration to the slope policy in areas of town, such as thc City of Nova to does. She asked that the Planning Commission continue to be fair to property owncrs. She would likc restrictions on land with 25 percent slopc and for thc Planning COImnission to look at grading and cutting, and drainagc. Tihuron Planning Conmdss;ofl Minutes (~r.lilf1Uary J 4, 2()()4 4 Bill McLaughlin stated there will be several legal briefs submitted and a period of time is necessary fClr this to occur. In response to questions, Planner Bryant stated there will be further hearings; thc next will be a report of this meeting to the Town Council in a month. There being no further questions, the public comment period was closed. Commissioner Kunzweiler stated the comments heard at this meeting crystallize the difficulty of the tradeoff of the desire by a strong majority of citizens to preserve open space and property owners' rights. There should .be an explanation of the takings law. That land will be taken is not an accurate representation. The report should indicate what the land shaded green means to the property owner. The report should detail better the !,'Teen-shaded property in the county and discuss why the Town has the responsibility to annex, and how the annexation process proceeds and what that means to the citizens. Commissioner Collins stated he. would like to see a narrative explanation that describes clearly the process of potential open space and what it means to everyone, those least and most affected. The Town must be very careful to make people understand property will not be taken. Use of open space should be discussed as well as whether there should be a policy as to what the use should be. Pollution is not defined and should be. He will give a memo with additional commcnts to Staff. Commissioner Greenberg stated she sees, over time, a very clear trend, which is that less development is allowed than used to be allowed, because of more population in the town, and she does not see the trend changing. Those who think they have something to lose are those speaking on this issue. The plan does not intend to not allow people to use their property. Properties outside Tiburon are in the County but arc in the sphere of influence ofTiburon and by law must be addressed. Regarding 75 percent being in open space and what can be put on that space, and what it means, is defined by many layers. The goal is to protect property values and people's rights. Development rights have somewhat diminished and property values have increased over the years. "Potential open space" is defined as any parcels not developed, not that the owners have no rights. Commissioner Fraser stated hc reviewed this issue at thc Parks and Open Space Commission level, and specificity was requested. Public comments indicate lack of speciticity with respect to property deemed to be potential open spacc, and who has thc authority to detennine what and how the property may be desi!,'Ilatcd as open space. The report should be more specific regarding rights of landowners and how they may be impacted. The community needs balance between landowners and the desires and rights of citizens in the community. The report should outline fClr the community guidelines and the laws of the county and town, and how they pertain to this issue. Tihl/rof7 Planning Commission A1inUfCS (~r.lanuary /4, 2004 5 Chair Snow asked Staff if the Planning Commission would revisit this before it is forwardcd to the Council. The comments at this meeting would have bccn better heard early. Hc askcd citizens to write and send comments to the Town. Advance Planner Bryant stated commcnts from this mecting and broader qucstions of the legal framework, i.e., what the green shading on the map means to property owners can he spcllcd out in the report to the Council and could go to property owners prior to the Council meeting. He suggested that these questions be addressed and that thc Update proccss continue moving forWard simultaneously. Planning Commission comments and lan/,'Uagc twcaking will continue in the draft General Plan stage. Written comments can be submitted to Staff or thc Planning Commission can havc them returned for review at a mecting; however, he recommends moving the process forward. Chair Snow stated he would like staff to spend more time defining the report, making changcs, and return the report to the Commission. Commissioncr Greenberg stated a summary of this hearing'will be in the report to the Council. The Planning Commission should havc morc discussion in the future if there are areas wherc therc is strong consensus to see what emerges. This is very early in thc process. Community Development Dircctor Anderson stated property owners with concerns or confusion should call Stan; who would gladly meet with them to discuss thc matter in detail. Commissioner Greenberg added that Mr. Hochstrasser's commcnts wcrc interesting. Hc noted that prime open space is being applied to large undeveloped properties only, and he raised the issuc ofwhcn large single lots are developed. The Open Space and Conservation Element deals with conservation and opcn spacc, not parks; it is not true that more open space means less parks. Parks will bc addressed in thc Parks and Recreation Element. Tiburon is not abandoning neighborhood parks and taking property. Regarding vistas and viewpoints, Staff should ensure their work is accurate and the Town should not abandon that program. Commissioner Collins added he would like to sce a map of key roads related to the protcction of views and vistas. Commissioner Kunzweiler stated thcrc is concern of property owners, and the rcport should help people determine a fair expectation of property rights. The reports should discuss other issues - grading, impacts on waterways, etc. - and define these so landowncrs know the extent to which their propcrtics havc components and to what can rcalistically be built on the property. Much land presently not developed is difficult to build on or so disruptivc it gocs against the wishes oflhe vast majority ofresidents. People should look at their property and assess what thc fair cxpcctations are, and know llhuro/1 Planning Conun;ssiml Minutes o(Januarl' /4, 2004 6 the elements f(lr sound planning of a property. Perhaps a citizen's handbook that helps people understand impacts is timely. Commissioner Greenberg stated it is very complicated when items are left out ofthc Update process. She would like to review a complete draft General Plan to see how the total nows. In 1989, when densities wcre assi~,'ned, a hest effort was madc to consider the terrain and what the problems might be. "Maximum extent feasible" language meant what it said, and reflected the wishes of the Town's residents, but the language also provided for flexibility. She would like "maximum extent feasible" put back in, not "extent feasible." Regarding "permanent protection of open space," she would like "permanent" put back where it was removed. These changes change policy. The county sometimes has different policies than Tiburon and Tiburon has thought the policies should be consistent, which they should be. In particular, she mentioned slope policy and ridgeline and watercourse setbacks. Commissioner Kunzweiler concurred, and askcd how to factor in grading with road construction. OSC-ll docs not discuss !,'1"ading roads. Grading for access roads can be more si!,'I1ificant than grading for the sitc. Regarding water supply and development of Paradise Drive properties, hc asked whcrc sewage treatmcnt plants and capacity go, and if they are a constraint or vehiele for development. These impacts must bc considered. Planner Bryant noted discussion ofthis issue was included in the land usc element. Commissioner Fraser stated policies OSC 37-42 should have a specific strategy on how to manage and budget for dedicated open space. Today there is no desi!,'I1ated budget strcam; what we have are local conservation !,'1"OUPS and volunteers who do good work on an ad hoc basis. There should be a budget allocation for this. The Town's great open space should be looked after. The Plan needs an implementation policy, a pro!,'1"am, rather than it being done ad hoc. Commissioner Kunzweiler asked, in OSC-6, if there is a definition of "estate lots." He stated it is a loaded tcrm in this document. Commissioner Greenberg stated estate lots implies that development will be spread out over the whole site as opposed to being clustered in a portion of the site. Commissioner Kunzweiler asked why, with regard to OSC-22, regarding I OO-year flood zones, the wording is soft here. He recommended there be stronger wording such as.not building in flood zones. Community Development Dircctor Andcrson rcspondcd thcrc are no large subdividablc properties located in flood zones. Commissioner Kunzweiler stated the public that there are arcas in Marin County where development is limited to property with slopes of less than 25 percent. Tihurol1 Plannil1J; Commission Alil1Ules (!f'Jalluary /4. 20D4 7 Commissioner Grcenberg noted Novato uses 25 perccnt for slope policy. Staff should chcck on othcr citics in thc county. Commissioner Kunzwcilcr notcd OSC-54, "'Tccn building principles, should bc clarificd and documcnted, and communicated to thc Desi,,'Tl Rcvicw Board. Chair Snow addcd that the ""'Tay water" issuc also is very important and whcrc it applics should bc includcd. It was the Commission's recommendation that these commcnts be put in the record and given to Council, and to encourage thc public to send information to Staffto incorporate into the report going to the Town Council. Commissioner Greenberg recommended thc audience put specific comments in writing so thcy can be addressed spccifically, and addcd that the opportunity for public comment is not closed. 3. ONE HIGH MEADOW LANE: AMENDMENT TO HIGH MEADOW PRECISE DEVELOPMENT PLAN TO AMEND A BUILDING ENVELOPE; ONE HIGH MEADOW LANE; Chris Kingsley, Owner; E.E. Weiss Architects, Applicant Assessor's Parcel No. 58-]00-75. MIS, Greenberg/ColIins (carried 5-0) to continue this item to February 11, 2004. CORRESPONDENCE Letter from Marin County Community Dcvelopment Agency, dated Decembcr 22, 2003, regarding Sorokko Land Division and County processing of projccts along Paradise Dri ve. Community Development Dircctor Anderson stated he will mcct with County officials ncxt wcck to claritY the lctter. ADJOURNMENT Therc being no further business, the mccting was adjourned at 9:20 pm. Wayne Snow, Chairman Tiburon Planning Commission A TrEST: li"hurol1 Planning Commission Minules uIJanum:F J 4, ]()()4 8 Scott Anderson, Secretary (Acting) Tilmrotl Planning Commission Minutes (~r.lamuJlY /4. 2()()4 9 Town or Tiburon . 1505 Tiburou RIlIlI~vard. Tiburon, CA 94920. P. 415.4.=J5.7373 F. 415.435.2438 . www.tiburon.org January 23, 2004 ','~'.,::/:.;.:;.~<,x.: Al i ~'~~'~~:;e'a~~:i 'c k ~ , ,.'M~y~??::'. SUBJECT: General Plan Update: Open Space & Conservation Element Follow-up to Jan. 14 Pianning Commission Meeting . ,::':',:>:':;":::".;'.~".~;,:~.,. . . . ".,"',11/;':""":'" Ml1es:,'Be'rger V:i~e,':M3YOJ i~'"ri::':'~'G~am Councilrrierribcr Dear Property Owner, . . . :'.';,f::Y<";;:,.';" . . . '~ '. '" .jc'fi,'s'i;~~'itz' Cou'ncilrriembel This letter is a follow-up to the discussion of the General Plan's Open Space & Conservation Element that took place at the Planning Commission meeting of January 14,2004. After public comments, members of the Planning Commission expressed a desire to clarify for the property owners what the Potential Open Space designation in the Open Space & Conservation Element means for them. ..,.... p,~~'i'.,:Srriith Coilncilmemncl First, I would like to acknowledge the validity of comments which were made with respect to the mapping. Without an understanding of how the Potential Open Space diagram frts into the entire. General Plan, the designation of a property as "Potential Open Space" could indeed be alarming. It is the purp'ose of this letter to provide that critical context and to demonstrate that the Town is not proposing to "take" these properties from the private owners. What does being designated "Potential Open Space" in the Open Space & Conservation Element mean? The designation of a property as "Potential Open Space" in the Open Space & Conservation Element does not mean that the property will be taken' by the Town or that it cannot be developed. However, it does mean that development of these properties will have to be done in a manner which protects the natural resources which' are found on them. Earlier in the General Plan Update process, in July 2003, the Town published the Land Use Element Issues Paper, This paper was distributed to major landowners and was the subject of public hearings before the Planning Commission and Town Council in August and September, The Land Use Element Issues Paper recommends that the properties which are generally undeveloped or underdeveloped and have the greatest site challenges for development be designated as Planned Development - Residential. Along with the designation, the recommendations contain a property description as well as a . maximum allowable density, which in virtually every case is identical to the Town'S current General Plan (see enclosure). . It .is important to point out that the Land Use Element and the Open Space & Conservation Element are meant to work together. The Land Use Element sets a ATTACHMENT 5 January 23, 2004 Page 2 of 3 maximum allowable density, but cautions property owners that achievement of that density depends on adequate protection of the natural resources on the property. The Open Space & Conservation Element, particularly the discussion and policies relating to "Prime Open Space", defines those natural resources. Designation of a property as "Potential Open Space" does not mean the Town can or will require that the entire property become open space. The designation as "Potential Open Space" is intended to provide an additional indication that the properties have environmental constraints which might limit development potential and also that the Town would seek to preserve the undevelopable portions as open space. There may also be an assumption that the Town will seek ownership of any undeveloped open space on these properties. While in the past the Town has accepted dedication of open space lands, more recently open space has been preserved through tools such as easements, which leave the ownership of land in private hands. The Town will seek access to those open spaces which contribute to its open space and trails network, such as extending the Tiburon Ridge Trail to the end of the Tiburon peninsula. On many other open spaces, the Town will not seek access. What if my property is in the County? It was correctly pointed out that 11 of the 19 properties identified on the Potential Open Space diagram are currently located in the County of Marin. How and why the Town is planning for these properties is a reasonable question. State law requires that the Town's General Plan include "any land outside its boundaries which in the planning agency's judgment bears relation to its planning.'" The Marin County Local Agency Formation Commission (Marin LAFCO) has established the Town's Sphere of Influence (SOl) which defines the probable physical boundaries and service area of the Town. The Town's SOl currently includes the unincorporated area of Paradise Drive, and the Strawberry area. LAFCO is in the process of updating the SOl for southern Marin jurisdictions, including Tiburon. As of today, it is expected that all of the properties which are identified as Potential Open Space will remain in the Town's SOl. Therefore, the Town will continue to plan for those properties in its General Plan. To help facilitate the orderly provision of urban services, the Marin LAFCO has adopted a Dual Annexation Policy, which states that when urban services, such as annexation to a sanitary sewer district, are provided to unincorporated land, concurrent or subsequent annexation to a city is required if the land is located within the city'S SOl. , State of California Government Code Section 65300 January 23, 2004 Page 3 of 3 The County of Marin's Countywide Plan (1994) defines Tiburon's Urban Service Area (USA) as the same as its SOl. County policies for development in the USA are: . that "the County's zoning of unincorporated lands in urban service areas should permit less intensive development than is permitted by the city," . that "all development applications within a city's USA should be reviewed by the city to ensure consistency with its land use and development policies," and . that "prior to development of vacant unincorporated lands within an urban service area, the unincorporated territory should seek annexation to the city, unless the city signifies that it does not desire to annex the lands at that time.'" Taken together, these policies indicate that while development without urban services could occur with approvals by the County of Marin, instead of the Town' of Tiburon, this would likely result in fewer approved homes. I appreciate that understanding the regulatory framework for development in these areas is difficult. It is my sincere hope that this letter has clarified that the Town is not planning to take private properties and turn them into parks or Town-owned open spaces. I encourage you to call me at (415) 435-7385 if you would like to discuss these issues further. Sincerely, ? Kevin Bryant Advance Planner Enclosure Cc: Town Council. Planning Commission Alex Mcintyre, Town Manager Scott Anderson, Community Development Director 2 Mann Countywide Plan, Community Facilities Element. Policies CF-1.1, CF-1.3, and CF-1 A. Consolidation of Very Low and Low Low Designations with Vacant Land inventory The Town's General Plan currently has Very Low and Low Low Density Residential desil,,'1Iations. In addition, the Town's General Plan has a separate table (Table 1 : Proposed Residential Densities for Remaining Vacant Land in thc'Tiburon Planning Area, August] 989) which prescribes the maximum densities for the lands identified on the Vacant Land Inventory. Two properties are desil,,'1Iated Very Low and four properties are desil,,'1Iated Low Low. Maximum densities for all but two of these properties are controlled by their inclusion on Table 1. In addition, the densities on the Vacant Land Table supersede the density designation on the Land Use Diagram. To more closely mimic the Zoning Ordinance, which has a Residential Planned Development District, it is recommended that a new designation, Planned Devclopment _ Residential (PD-R), be created and that it replace the Very Low and Low Low Density designations and thc Vacant Land Table. Brief descriptions of the properties are provided below, including the maximum allowable density and units, and it is recommended that these descriptions be included in the Gencral Plan. The letters Town of Tihurnn General Plan [jpdau' Land Lise Element Is.\'ues Paper JUi.l' ]()()3 Page 22 corrcspond to the locations ofthe PD-R on thc recommended Land Use Diagram (sec Figure 6). Propl.'l1ies which would be desi6'T1ated Planned Development - Residential would be properties whicb were desi6'T1ated Very Low or Low Low or were included on the Vacant Land Table in the existing General Plan. There would bc virtually no change from the current maximum density allowed for any property with the new designation (density changes are noted). Recommended Land Use Designation: Planned Development Residential The Planned Development - Residential (PD-R) designation would be given to thosc lands which have the most challenging environmental constraints. Brief descriptions of the lands are below, along with the maximum allowable density and units for each. Letters correspond to their location on Figure 6, the Recommended Land Usc Dia6'Tam. . PD-R-a (Rabin ): This approximately 30 acre site contains a single residencc. The site has mainly grasslands and a 450-foot peak along thc Tiburon Ridge. Steeper slopes occur on the San Francisco Bay side of the property as it slopes towards Paradise Drive. Maximum allowable density: 0.4 du (dwelling units)/acre Approximate maximum units: ]2 PD-R-b rTiburon Court): A vesting tentative subdivision map for three units was approved for this] 3.4 acre property in October 2002, the final discretionary approval that is needed from the Town. The tentative subdivision map will be valid through October 2005. Maximum allowable density: 0.3 du/acre Approximate maximum units: 3 PD-R-c (Trestle Glen Lower): This 14.5 acre property is located adjacent to Tiburon Court, approximately where Trestle Glen Blvd meets Tiburon Blvd. The current landscape is comprised of a steep, 6'TaSS-covered hillside with large areas of dense brush and scattered oak, bay, and pine trees. Hillside slopes range from approximatcly 5 percent near the bottom of the property to 6'Teater than 40 percent near the upper reaches of the property. Elevations range from 40 feet above mean sea level (MSL) along Trestle Glen Boulevard to approximately 300 feet MSL near the top of the ridge. Maximum allowable density: 0.3 du/aere Approximate maximum units: 4 PD-R-d (Tiburon Glen): This 26 acre property is steeply sloped and extends southwest from Paradise Drive with elevations which range from 165 feet to 475 feet. Lower site elevations are eovcred by dense mixed To,vn of Tiburon Genera! Plan (jpdarc Land Use Element Issues Paper .July JO()3 Pag('.73 bay-live oak woodlands, and high"r elevations are characterized by serpentinc grasslands punctuated by rock outcroppings. The southeast comer of the site is crossed by a stream and several intermittent drainages. As of July 2003, the propcrty owners arc in the process of applying tilr an eight-unit Precise Development Plan approval. Maximum allowable density: 0.3 du/aere Approximate maximum units: 8 PD-R-e(Amcrippon): This site is approximately 10.3 acres and slopcs down from Ring Mountain, located above the site, towards Paradise Drive with average slopes of 20-30 percent. Existing site vegetation consists of mainly non-native l,'Tasses, shruhs, and a l,'Tove of toy on, California bay, and livc oak. The property owners are currently in the process of applying for a 5-lot Precise Development Plan approval. Maximum allowable density: 0.5 du/acre Approximate maximum units: 5 PD-R-f(Pourian): This approximately 5.6 acre site has poor acccss, is very steep and wooded, and has limited potential for development. Maximum allowable density: 0.5 du/aere Approximate maximum units: 3 PD-R-g (RinC Mountain Parcel 0\: Approximately 4.8 acrcs in size, this property is adjacent to the Ring Mountain Open Space Preserve. It consists mainly of grassland with slopes ranging from approximately 20% to 50%,. It has an approved Precise Development Plan for onc rcsidence. Maximum allowable density: 0.2 du/acre lexisting Plan: 0.4 du/aerel Maximum units: 1 PD-R-h (Sorokko): Extending from Paradisc Drivc to San Francisco Bay, this approximately 16.4 acre property is heavily wooded and most of the property is fairly steep. The tOPOb'Taphy of the existing undeveloped property is characterized by three easterly projecting promontories with intervening swales, and a small portion of relatively flat beach front area along a portion of San Francisco Bay (Paradise Cove). [An application for tive units has been submitted with Marin County.] Maximnm allowable density: 0.5 du/acre Approximate maximum units: 8 PD-R-i (SODA LLCl: Thc 20.95-acrc property slopes up from Paradise Drive. Thc property consists mainly of non-native grasslands and coast live oak woodland. Elevations range from ] 60 to 345 feet. [An application for eight units has been tiled with Marin County.] Maximum allowable density: 0.4 du/aere Approximate maximum units: 8 Town (~r Tihuro/1 General Plan Update Land Use E/cmel11 Issues Paper .lufv 2()()3 Page 24 PD-R-i (Lerner/Winter): Approximately 26.1 acres in size, this property consists of 1:,'Tasslands and shruhs and is very steep. The property is also hisected by a si1:,'Tlificant ridgeline that originates at the Tihuron Ridgc. Maximum allowable density: 0.4 du/acre Approximate maximum units: JO PD-R-k (Traeger): This approximately In-acre site has a single-family residence on it. The propcrty cxtends from Paradise Drive to San Francisco Bay, is heavily wooded, and portions ofthc sitc approach slopes of 50%. Maximum allowable densit),: 0.5 du/aere Approximate maximum units: II PD-R-I (ERC): This property is approximately % of a mile in length and consists of approximately 50.2 acres overall. The site.is heavily wooded and is extremely stecp with most of the site with slopes near 50'%. In addition, the site has limited access from Paradise Drive. Maximum allowable density: 0.1 du/acre Approximate maximum units: 5 PD-R-m (Keil): This approximately 30.8 aere site contains some of the most unique features found within thc Planning Area, including a freshwater pond and a 70-f(Jot rock outcropping ncar thc Bay shorc. Thc property currently contains 3 single-family residences. Maximum allowable density: 0.3 du/aere lexisting Plan: 0.2 du/aere] Approximate maximum nnits: 10 PO-ROn (Martha Company): At 110 acres. this is the largest privatc land holding in the Planning Area. The sitc consists of steep slopes and flatter ridges covered hy dense coast live oak woodlands on lower elevations and !,'Tasslands on higher elevations. hoth punctuated hy rock outcroppings. Maximum allowable density: 0.4 du/acre Approximate maximum units: 44 PD-R-o (Swahn): Another BayfTont property, this approximatcly 15 acre sitc is heavily wooded. Thc property is stcep. particularly near the Bay where slopes cxceed 50%. Maximum allowable densit)': 0.3 du/acre Approximate maximum units: 5 PD-R-p (Pan-Pacific Occan): This 17-acrc parcel is steeply sloping and is wcst-facing, consisting mostly of !,'Tassland. Ahove it is rccommended that approximatcly onc acre ofthe propcrty be designated with an Affordahle Housing Overlay (AHO). Maximum allowable dens it), (non-AHO): 0.2 du/acre Approximate maximum units (non-AHO): 3 TOlFn (~r Tilmron Genera! Plan Urda/() Land Use Elemel1! Issues IJapcr .1/1/.1' 2()()3 Poge 25 PD-R-q (Oloumi): This property is approximately 6.1 acres and consists mostly of b'Tasslands. The average slope of the property is approximately 33%. Above it is recommended that approximately '/.i of an acre of the property be designated with an Affordable Housing Overlay (AHO). Maximum allowable density (non-AHO): 0.2 du/acre Approximate maximum units (non-AHO): 1 PD-R-r (O'Connor): This site, which is adjacent to the Ring Mountain Open Space Preserve, contains a single-family residence on approximately ] 1.7 acres. The landscape includes b'1"assland and rock outcroppings similar to that which is found on Ring Mountain. The property is steeply sloping in places. Maximum allowable density: 0.2 du/acre lexisting Plan: 0.1 du/acre] Approximate maximum units: 2 Town (~l Tihurol1 General Plan (jpdarc Land Use Elemenr Issues Paper )1111' 2(}()3 Page 26 '" 5 z "'- . U) 0 "'''' '" N z~ :..>' Do: "'~ >, .::~. U Z "'c ~ .<.> < 0 <>:'-' m ;:: o~ "1:l 0 Q < "' ~ ~ 0- 00 I <>: z" 0 ~ '" -' '-. '" j~ < !:: U) >, ;:: Z 0.." ~ Z Z 0 => " Q '" => u o:l ~ 0 I'-< S UJ z. z <~ S '" '" 0 Do: U Do: ",U) 0 < ""' 0< u 0 0.. >- 0'" I '" Do: U) U) < -<>: :;;: 0.. Z 0 '" Do: < jW~~. [] p.., :.:-: 0 U) '" '" '" '" <>: <>: <>: Do: u U u u < < < < '-. ~ '-. '-. "' U) tIl U) I I'-< I'-< I'-< ~ Z Z Z '-. => 0 => => I'-< Z Z ..,. c.:l r- ..,. ::> I 0 I I ~ c.:l >- ..,. N - -' -' >- 51 -' < 51 . ""' < CD "' '" '" '" '" -' U) U) ~.m . :3~ ~ . . oJrt ::II,,:': 1lI"~ .flg.ll. " ~N .N ,,~ . ... b' ~~ .. t o '" Community Development Element' Adopted - January, 1994 (Amendments as of 9/28/99) Page C [;-125 ATTACHMENT o MARIN COUNTY CODE - TmE 22. DEVELOPMENT CODE Planned District Developmcnt Standards 22.16.030 . 2. Development near ridgelines. No construction shall occur on top of, orwithin 300 feet horizontally, or within ] 00 feet vertically of visually prominent ridgelines, whichever is more restrictive, unless no other suitable locations are available on the site. If structures must bc placed within this restricted area because of site constraints, they shall be in locations that are the least visible from adjacent properties arid view corridors. FIGURE 2-3 LOCATION OF STRUCTURES NEAR RIDGELINES I'" 300' ~ ::~'~'::,,:,~:,~ ,,'>'1Yit;.., 100' ,:{~~~t~;~.~:hWl~'~\~2'::~:':, ~. ;...>:.-~;::-: ~ '.~.::;l'-:-::. '.~'i:~''':-:; '.~ ":;;'. . . 3. Energy conservation. Solar access shall be considered in the location, design, height and setbacks of all buildings. Generally, buildings should be oriented in a north/south fashion with the majority of glazing on the south wall or walls of the buildings. 4. Noise mitigation. Noise impacts on residents in nearby areas shall be minimized through the placement of buildings, recreation areas, roads and landscaping. . 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" ~ ~ ~ Q ~ ~, !2!l - .~~ ~ ~ ,0 ~ ::: ~ .,. ki --, I .~ .;:: .~ ~, ~ .~ ~ i:: ~ " " <3 " ~, ~) '"t:: ~ (I 5"u 00 ,.... .~ u ~ "" I)": - '" .- -5 " ~ - ~= ,- "- g ~ ,.:Q.I - "- ~ ~. 0""1- ~ i= ~ ":5 ~ ::;:S2 ~"> ,~= .5 " - - d I.,) - '.) 6'":::: iF(E:,C' F"EEJ I g ZCi).'f February 18, 2004 :~; ::;\:,:,/i,~! !~,;I;. '?l~,:'i;~: I,Si,:,/ Tiburon Planning Conunission ] 505 Tiburon Blvd. Tiburon, CA 94920 Re: Open Space and Conservation Element of the Tiburon General Plan Dear Commissioners, Unfortunately, I am unable to attend the meeting on February 19, 2004. I would like to reiterate, as I did on January 14, that I am pleased, .particularly after living in Los Angeles, that we have a Planning Commission and firmly believe that the Town will try to encourage "well-designed projects that enhance its image through the development and design review processes." (OSC-6) Pursuant to the meeting on January 14 of the OSC, the Town should take a serious look at the slope policy. It was brought up at the meeting that "there is a reason why the undeveloped land within the township is not developed." The development of these very large parcels over 4.5 acres would have huge environmental and community ramifications. I concur with several of Commissioner Greenberg's suggestions that "when the Town must allow development of prime open space.. ..density must be kept to a minimwn" and to take heed of other Marin jurisdictions. We should adopt Novato's more stringent slope policy which restricts slopes to 25% for residential, and to give serious consideration to reevaluating our limit of 40%. The ,General Plan states "Approximately 90% of the remaining vacant land in the Tiburon Planning Area is over 30% slope which increases the chances for unstable conditions in addition to dramatically increasing the cost of development (General Plan la.).,. "There is widespread presence of unstable or potentially unstable slopes throughout the Tiburon Planning Area. A mass grading approach to development of these areas is unacceptable to the Town due to the environmental and aesthetic ramifications associated with mass grading." (General Plan I. c) OSC-D states "To discourage to the maximum extent feasible development of areas subject to hazards, including but not limited to, geotechnical problems, unstable slopes and flood-prone areas." The Plan realizes "while accommodation of growth is an accepted reality, it should be so directed as to preserve and enhance views, ridge lines, significant vegetation, habitats and environmentally sensitive areas to the maximum extent possible... "(OSC-2) Development should avoid ridgelines or prominently visible areas. "(L U-l 9). Currently OSC-7 regarding the Town's slope policy states "The Town shall DISCOURAGE development on slopes exceeding 40% whenever possible. To the extent feasible, slopes created by grading shall not exceed 30%. Final contours and slopes shall reflect existing land forms." OSC-d further says, the "Hillside Development Ordinance should prohibit development on slopes in excess of 40%." "When incompetent lands are in a steep angle of reposc, landslide events can begin with the slightest ATTACHMENT 9 Z"d SZSSS!':"SI" cq ':l~ 11 l=:s~aa: dLS:SO ,,0 81 qa~ provocation, such as man-made cuts at the bottom of the hill or loading at the top of the hill." (Gen. Plan., p.13) In swnmary, we need to comply with the Plan; otherwise, what is its worth? Bravo to the Commission for making sure projects are compatible with existing neighborhoods, rather than existing adjacent developments. Proximities of new residences can create undesirable physical circumstances when compared with other properties in the area. Levels of privacy and view protection need to be maintained. In swnmary, a hard look at the slope policy would assure developments recognize environmental constraints; preserve, protect and enhance native woodland areas; and protect visual values and privacy. An amendment to our current slope policy would benefit public interest and the Town as a whole by providing more restrictive and more detailed regulations for development on hillsides thus facilitating the protection of the community's hillsides. Hillside development would be less intensive and more sensitive and would result in fewer or lower, environmental impacts, such as, but not limited to, less erosion and grading, less tree and woodland removal, and fewer aesthetic impacts in terms of views and privacy. It would preserve our scenic vistas in their natural state, limiting development in hillside areas and encouraging retention of natural topographic features and vegetation. We need to preserve what we have. Thank you for your favorable consideration. ;a:~~-d-~ Elizabeth H. Little I Owlswood Road Tiburon., CA 94920 E'" S~66SEvSlv aI~~~-=1 ~s,:+aa "LS:so VO Bl q6~ Patricia Zlppln -4 Warren Court, T1buron. Cft 94920-1117, czippln@ltsa.ucsf.edu. (415) 435-9924 February 17,2004 RECt:IVEO Kevin-Bryant Advance Planner Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Re: General Plan, Open Space FEEl j 8' '21111' "..,"j !'-::J\I\Ih!if-JG I)!VISIO!,[ iCnlVhl UI.-: TIH~)I\()!.J DearMr. Bryant, I was able to download the Open Space & Conservation Element Issues Paper, General Plan Update. I realize in the. grand scheme of things, this little corner of our town is not so very important, but getting it into this update of the General Plan might solve several local problems and questions. I coUldn't see where it was correctly defined in any of your maps. The first page shows three areas in question. First, the ten foot green strip along Trestle Glen Blvd. This is set aside on the recorded map of Hacienda Terrace Unit One Subdivision, Map Bk. 6, Pg. 80 as a part of this subdivision that is reserved space with no ingress or egress the full length of Warren Court and Benton Court along Trestle Glen. Because it is already recorded as such in 1949, don't you think it should be noted in the General Plan? It is contiguous to the County line at Paradise Drive on the east, and the Cherry Property (new name?) on the west. Second is the Bostick triangle which is marked on that same map Bk. 6 Pg. 80 as, "Not a part of Subdivision." The latest recorded deed is 3489604-79 Warren and Virginia Bostick. My husband Calvin knew Dr. Warren Bostick from his days with UCSF. Cal wrote to him a few years ago after they had moved to Sacramento in retirement. We asked about a view easement across his triangle. He asked his son Bruce to get in touch with us about that deed. Bruce wrote that he thought his father had given it to the Town of Tiburon many years ago, but he would check it out. I sent him a copy of what ] had from the County Recorder (attached). We never heard from him again. Because the two triangles at the other end of Benton Court were designated as recreation and not a part of the subdivision, ] believe this triangle was retained by the Bosticks as a link to the cow pastures in the unincorporated areas along Paradise Drive. Trestle Glen was a cowpath from their dairy farm at Blackie's Pasture to the gates at the end of Trestle Glen. When we moved here in 1%7 there were still remnants of the old wire fence and posts from Tiburon Blvd. along Trestle Glen, our property line No 4 and Lipschultz No.5, then up the hill along the County line. Incidentally that fence line used to be marked as a public hiking trail along the County line. The deer still use it. You have the trail/going up the paved Hacienda Terrace to the open space at the end of that. V Oh j'&~/1 md"c:' There are a few changes that will need to be dealt with if you want to connect all three properties as dedicated open space, Very nearly half of the Bostick triangle and a large -~~- jp- ,,-- ~7 u.:r '- ~illDatinll Land Suhject In Opm SI'lIce Eal(."IUl..'1l1 Since 1989, the Town has secured open space eascmel1ls on a number of private propertJe.s, mostly through the developmenll'eview process. It is I'ecommended (hal this be reflected in the Land Use Diagram by desi!,'11aling those portions of private land Ihat are suhjc;lC1 to open space easements as Open Space. J/ewnI/lwluJed Change ill Lnnd fl.", /)("ignatioll: Those. portions of properties that are subject to open space el\.~emems will be designated {)pen Space on the Land Use D&a~ram. The romplele recommended Land Use Diagram IS shown on Figure 6. lJpdating Polky UI.IO: Population Density Standards TIle General Plan mu.~l include Slalldard..~ for population density. Il> Policy LU-I () of the existing General Plan meets this requirement by selling a population density standard of 22 to 2.4 per.;on.~ per household and multiplies that figure by the maximum allowed density to establish a person pel' b'loSS acre figure I'm residemially designated land The Association of Bay Area Govemmenl~ (ABAG) projects thai the Tiburon Planning Area will have 22 persons per household in 2020". As seal in the table below. a buildout population for the Planning Area can be pr~iected using this information with proposed residential land use designations. 1': Cl:?tH:'fal PIon Gtlidelme.\', SUIte \.If C::aiif\lrniu, C;()\\.~nhlr' s OIYi':i..' ~,r l'>l:::sul1in};. illld Rc:;c.al.:::h: N"'\'L"11ll""~J 1'-'98, n. ~8. 1: A.;;~~i.:.!Jlii)nllfB,.!IY Arc.!! G{W"''fJlJ1K~J1b. }'n.?irtcIJam 2(J(F, Juu,;; 2UI,I.~. 1'ou'" {~rnlmn.m ..Iw\' 2il-i~_, (h'lIel''''! Ph~u r_,'r~/w~' F{J'),~~' 28 Lan:.; Ij.\'t' Flt.'tfu'w I_\j.fll~,\' fll1,1.lL"r f? 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Next Prop-Id: Next Time: ACT Type: REAL Deed Date: --- Bill Type: ALL Prop Cd: ALL Situs Addr: Prop-Id: 039~Oll-01 Line Reason 1 ND Deed Ref Id 3489604-79 ;;:.. - Time: ACT Type: RiAL Bill Type: SEe Prop Cd: RPR Deed Seq Deed Date Nbr Primary Owner 4/17/1979 01 BOSTICK WARREN L & VIRGINIA 1/2 Bnter'The Line Number Of The Candidate You Wish To Select: TSl CMD: KBY: 1009 THERE ARE NO MORB DEEDS lPOR THIS PROPBRTY I-RETURN 2-DEEDADD 3-EVNTVIEW 4-NOTESBL 5-BXMPSBL 6-DEEDUPDT 7-ALL 2 !~I ~ItL-pI:r Date: 4/13/ 1 Time: 02:39:16 PM ..- ...., ."....~. ....~,,'--.-.... -.........._ VI '.._..' '.:.. ,.' iJ.:.-'IIu ~ -...... '... 23.\-\ R[CG~OlIl P,i REQUEST OF :/llf~~~7"1.I/;rt;- 2a.1.1 ~'::'i.J.~~: ~ .;"1~1" ~., . -. .. :t 7....: :o.c..~ ."~" tl..':.m:1. r..e ..-i::J''/'''''''''''''iR . . ~&":~ "--'/ .'- '..~.l _.1"''' ~"'" 11._ "'l(,('I~t'I" ~ ".1 , [' ' DllI:I.MNfAll' .-FUl fAX s.J!.~ _....___._.... .,...c...........u..c......,.......... _.. c-..._ (.,. ....~\OW..- ..........'r.... ..~'fWo .,~.. ..,...-...~ . :--rf:o,;:2.!;y .s;~,"-;, u~.'__ ~....g......_I;......-..._... ...._,_. \............. WMtft AtCOROlD "'Allt 10' ~verly O. ~~liC~ ~ ~ ....tl~r 1\1Qolt.roll;z; rl.\ce ~il] VA1.oy, CA 9~94: IUWl '.... SIAr,""'t...r:;. 11) &e''''~r.ly O. OtJsticic 1 Lower ^It:'ilt.ird:t ('LI....~ Mill V~lJey. r~ ?~'Sl GRANl DEED ."1)1I .. .,.ALU~IU.( c.t~!ltO'W;AhO~,. .......1 .. .....,"" "....'~Il, "'Pl'.........l~. tc'.ftP~~j L. BOSTI;.:'X Gind "JJRC';tNIA 1.. 1I0S":'JCl'.. ~rll::t(.:OI or tt.Q "C6t.&~!ltllr'/ ~'':''';llit. IJnd~t' tJ\e :IlI~ 11 n! :OH:: BE:;":"(J:: DQ:;T1CtC., .lit.. dcce4ll,.d. f'IC,...., GItAP4~I" LQ OE'.'tMUY 0.. nf')S,l.n:. .1r'~ :J:"ldlVl~cd or.c-ha:! in'ter'!'st 'In lh4~ CQn..u'" \Inlr."'prn.....:-ti prG'perty toc4t:ed ill ~rin C~ue~y, C~l~!orfti~; ~o.~ p~r~ic~1.r11 de~cr1b.a a, [...n......' . ~~.. ,.... "'Ill."., .., ,... c.t., 1,1 (;o"l'tt, 0' s..... et C.IOffti.. e--tf)eorf ... t f"'eel O~o, Th.t cor~..,n patc:d or land d..,,;n;,ted ,-- l.nd o~ laltick, ';Ot 01 PGtt or Subd." on tb~ ~.A9 ~ntitlod .N.p of ".~~~n44 1.rr4Ce ~nlt o~o. riled "'Y 10, 19.' in H4? Book 6 .e P4ge 80, ~~~ln Cou~t1 Aocaret. . Parcel 1\101 The t~ parcQ1I or l.nd cSeIUc:ne:t.od IOlO fl;. ~...rv~~tr,p. OA th~ ~p or.tltl~d .~.~ of~Haci.nda '.r~4C. ~ni~ One. '11~d M4y lO. l~4~ In Map 800~ ~ at pAqe 16, ~rln Couney kecords. t~ t~r~in~tlon of the S~uth- ~..t.,ly boYft~~~ :ln~ at thv ~ost SO~th&rly o! the two p.~~Qla bein9 ~ line W1ta ~ bearinq and disca~c~ of 6o~eh )8. 21. 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I!J'j":-~~1",.,y.!,.", '-"'-"-'lil!l. ., STAFF REPORT AGENDA ITEM b Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: ' Mayor and Members of the Town Council FROM: Alex D. Mcintyre, Town Manager SUBJECT: Proposed Project Parameters and Process for the Downto Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MEETING DATE: February 26, 2004 The Town Council formed a Sub-Committee (Tom Gram and Miles Berger) to re-initiate the Downtown Art Project. The sub-committee has developed recommended parameters for a new downtown art project as well as a recommended course of action. The Committee will make its presentation at the Town Council meeting on February 26,2004. // ;'-... ~H =Ie: \' :!---Iw ><C~. 5:&;3 ~u.J~ ~ I~ i FOUNT AIN PROJECT PARAMETERS THE PROJECT WILL BE A FOUNTAIN USING WATER IN SOME FORM. CARE WILL BE TAKEN SO THAT THE WATER WILL NOT BE BLOWN BY THE WIND THE FOUNTAIN WILL CONTAIN A SCULPTURE IN THE OPEN AREA IN THE MIDDLE AND MAY CONTAIN ELSEWHERE, MOSAIC, STONE METAL OR ANY MATERIAL THAT WORKS WITH THE ARTISTS CONCEPT. THE ELEMENTS ARE TO BE FIGURATIVE WITH THEMES UNIQUE TO T!BURON AND TO THE LOCAL HISTORY, OR SETTING: THEMATIC ELEMENTS MAY INCLUDE (THERE ARE EXAMPLES ONLY): . TIBURON'S NAMESAKE SHARK . RAILROAD HISTORY OF THIS LOCATION . LOCAL HEROES OR PERSONALITIES . SAILING . ETe. . THE EXISTING "WEDDING CAIeB" PLANTER/PODIUM WILL BE UTILIZED. THE EXISTING PODIUM CAN BE REPLACED WITH A NEW ROUND PODIUM OR ENCASED BY NEW MATERIALS THAT SHOULD COMPLIMENT OR INDEED MAY BE A FEATURE OF THE NEW PROJECT. . THE FOUNTAIN WILL B E A GATHERING POINT FOR INDIVIDUALS AND FAMlIES WITH A SEATING ELEMENT INCORPORATED INTO THE WORK. . THE DESIGN SHOULD BE SAFE FOR NORMAL REASONABLE USE AND SKATEBOARD RESISTANT. . THE EXISTING TREES ARE TO STAY AND THE REMAINDER OF THE PLAZA TO REMAIN "AS IS". . THE FOUNTAIN SHOULD INCORPORATE LIGHT OR BE LIT [AS PART OF THE DESIGN AND BUDGET] TO BE ATTRACTIVE AT NIGHT AS WELL AS DURING THE DAY. . THE FOUNTAIN EQUIPMENT WILL BE OF HIGH QUALITY AND LOW . . MAINTENANCE. COST OF THE EQUIPMENT AND UTILITIES WILL BE INCLUDED IN THE BUDGET . MAJOR DONORS WILL BE RECOGNIZED WITHIN THE PROJECT DESIGN 1 "" . BUDGET SHALL BE $]50,000 (AND POSSIBLY MORE DEPENDlNG ON COST OF UTILITIES AND EQUIPMENT) FOR THE DESIGN, EQUIPMENT UTILITIES AND FOUNTAIN WITH AN ADDITIONAL AMOUNT OF $25,000 TO BE RAISED FOR MAINTENANCE. ...-;". '. .., . SCHEDULE SHALL BE COMPLETION BY JUNE 2005 2 .( ....... FOUNT AIN PROJECT PROCESS STEP ONE: COUNCIL AD HOC COMMITTEE - TOM GRAM, MILES BERGER COMMITTEE SETS: [PRESENT TO COUNCIL FEB. 10] o PARAMETERS OF THE FOUNTAIN o BROAD CONCEPT IDEAS / AREAS FOR THE DESIGN o FORMULATES THE PROCESS - REPORTS TO COUNCIL o GENERATES BUDGET IDEAS ABOVE WILL BE CLEARED BY COMMITTEE AND INFORMAL ADVISORS TO THE COMMITTEE AS SELECTED BY THE COMMITTEE [PRESENT TO INFORMAL GROUP TUESDAY MORNINGFEB. 10, PRESENT TO COUNCIL FEB 18TH MEETING] PUBLIC HEARING, - INFORMATION ABOVE PRESENTED AND APPROVED BY COUNCIL STEP TWO: RFQ o RICHARD DEUTCH CONTACTED WITH PARAMETERS AND GIVEN OPPORTUNITY TO BE AMONG THE SELECTION GROUP o COMMITTEE WILL RESEARCH AND CONTACT UP TO 10 ARTISTS FOR RFQS AND SELECT TOP UP TO 10. TOP GROUP INTERVIEWED AND COMMITTEE SELECTS MOST QUALIFIED CANDIDATES BASED ON THE FOLLOWING: o INTERVIEW o ARTISTIC EXCELLENCE o EXECUTION EXPERIENCE - FOUNTAINS o COST CONTROL EXPERIENCE COUNCIL REVIEWS COMMITTEE SELECTIONS FROM WRITTEN DOCUMENTS AND COMMITTEE SELECTION. STEP THREE: CONCEPT DESIGNS FOR FEE - FROM THREE TO EIGHT ARTISTS SELECTED FOR CONCEPT DESIGN o CONCEPT - DESIGN AND WRITTEN STATEMENT o BUDGET - FEES, CONSTRUCTION ESTIMATE o EXECUTION PROCESS AND SCHEDULE COMMITTEE WILL EITHER P ASS THE PRESENTATIONS OF THE DESIGNS ALONG TO COUNCIL OR ELIMINATE SOME IF DEEMED NOT APPROPRIATE BY THE COMMITTEE AND PUBLIC WORKS. 1 '. :' :~:.. . . . "~!i': ~ ;;,,~. '. . ..,.:~~_.('..'. . FINALISTS ARTfSTS WILL BE SHOWN TO PUBLIC AT LIBRARY OR TOWN HALL ..-.... . FINALIST ARTISTS PRESENT TO PUBLIC AND COUNCIL AT COUNCIL MEETING. AFTER PUBLIC COMMENT, COUNCIL CHOOSES THE WINNER AND EXECUTES HIS/HER CONTRACT PENDING FUNDRAISING. STEP FOUR: FUNDRAISING FOR DESIGN COMMITTEE OVERSEES A FUNDRAISING SUB COMMITTEE FUNDS RAISED - ARTIST BEGINS WORK - FOUNTAIN BUILT - RIBBON CUT [JUNE 2005 TARGET DATE]. 2 e e e , Town of Tiburon '~f STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members ofthe Town Council Pat Echols, Director of Public Works/Town Engineer ~ FROM: SUBJECT: Establishment of a Stormwater Runoff Impact Fee j2 MEETING DATE: February 26, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND At the March 19, 2003 Town Council meeting, staff presented a number of revenue enhancement concepts for Council consideration. The Council directed staff to pursue several' of the options presented, including a stormwater runoff impact fee, and return to the Council with a specific fee proposal. DISCUSSION & ANALYSIS The concept of a drainage impact fee is similar to the Town's existing street impact fee. The intent is to capture revenue which offsets the cumulative impact of new impervious surfaces created by building construction projects throughout the Town of Tiburon. Town maintained streets and storm drain facilities have been impacted by the effects 0 f cumulative runoff increases 0 ver the years, requiring storm drain upgrades andlor improvements and street re-contouring to conveylcontrol the increased flows. The Centro West-Raccoon Lane storm drain improvement project (which cost the Town over $100,000) and Taylor Road (at Paradise Drive) project are recent examples. Current deficiencies include Spanish Trail near Vistazo West (where increased runoff cannot be contained by existing facilities during heavy rains) and Trestle Glen at Juno Road (where the bottom portion of the culvert beneath the Juno Road has completed deteriorated and the underlying soil eroded away). Because many of the subdivisions in Tiburon are at least 30 to 40 years, staff is concerned that many similar culvert failures are imminent in the coming years as they have now exceeded their design life. Staff is beginning to see surface manifestations (sinkholes, depressions, etc.) of these culvert failures in a variety of locations throughout Town. It is estimated that the Town would have to appropriate over $250,000 per year just to keep up with deferred maintenance throughout the storm drain system. In recent years, the Town has spent about $200,000 per year on storm drain projects as part of the Capital Improvement Program. Since the Town has no dedicated drainage-related revenue source, the Town has typically used General Fund revenues to pay for storm drain rehabilitation projects. With the establishment of a drainage impact fee, a portion of the cost for storm drain rehabilitation could be shifted away from General Fund revenues. Construction in Tiburon currently creates approximately 100,000 square feet of new impervious surfaces in a year. The overwhelming majority of these new impervious surfaces are associated with residential construction projects (remodels, new houses, etc.) and is expected to slowly decline over time as lots are 'built out'. Most commercial construction projects do not create new impervious areas. Town of Tiburon STAFF REPORT , 'I,; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff has consulted town, cities, and counties throughout California to ascertain if other agencies have implemented such a fee. To date, staff has learned that several agencies, including Contra Costa County and the City of Watsonville, have adopted drainage impact fees. The fee amount is based on the area (in square feet) of new impervious surface created by new construction and ranges between $0.35 (Watsonville) and $0.98 (Contra Costa County) per square foot. . The Town currently has approximately 12.2 million square feet of residential impervious surface area. The Town's capital improvement cost to rehabilitate the storm drain system is $10,300,000. This indicates a capital cost of $0.84 per square foot of impervious surface. Extrapolating from the Town's past experience, Staff proposes a fee formula of $0.84 per square foot to offset the proportionate impact of additional stormwater runoff generated by new impervious surfaces created as a result of construction projects. Assuming an average of 75,000 square feet of impervious surfaces will be created during t he coming years, the fee would be expected to generate about $63,000 per year. Staff believes that since this is an impact fee, it would not be subject to voter approval.pursuant to Proposition 218. The fee would need to be imposed and administered in accordance the procedures and criteria outlined in Government Code 9 66000 et seq. The fee would take effect '60 days after adoption by the Council. Public noticing of the proposed fee was provided in acco,rdance with applicable State law. RECOMMENDATION It is recommended that the Town Council take the following actions: 1. Hold a public hearing and receive comments. 2. Adopt the draft resolution establishing a Stormwater Runoff Impact Fee. EXHIBITS A. Draft Resolution Establishing Stormwater Runoff Impact Fee e e February 20,200- page 2 of 2 " (0" RESOLUTION NO, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TlBURON ESTABLISHING A STORMWATER RUNOFF IMPACT FEE FOR NEW CONSTRUCTION WITHIN THE TOWN OF TlBURON WHEREAS, impervious surfaces within the Town of Tiburon have a direct impact on the magnitude of stormwater flows; and WHEREAS, the creation of additional impervious surfaces due to construction activities further increases stonnwater runoff and reduces the capacity, performance and sustainability ofthe Town's stonn drain system; and WHEREAS, it is appropriate for owners of new construction resulting in ncw impervious surfaces to pay an impact fee to offset the increased demand on the capacity, operation, maintenance and rehabilitation of the stonn drain system; and WHEREAS, the Town Engineer has estimated that the capital rehabilitation cost ofthc stonn drain system is approximately $10,300,00 and that approximately 12.2 million squarc fect of residential impervious surface area contributes runoff to the system; and WHEREAS, the proportionatc unit cost to rehabilitate the storm drain system is $0.84 per square foot of impervious surface; and WHEREAS, the Town ha~ provided public notice of the proposed impact fee in accordance with Government Code, **66000 et seq. NOW, THEREFORE, BE IT RESOLVED by the Town Council ofthe Town ofTiburon as follows: I. The Town shall charge a Stormwater Runofflmpact Fee for any construction projcct in the ToWn which results in the creation of new impervious surface area. Impervious surfaces shall be defined as any surface which does not allow direct infiltration of stonnwater including, but not limited to buildings, building additions, new paved concrete or asphalt surfaces. 2. The Stormwater Runoff Impact Fee shall be $0.84 per square foot of new impcrvious surface and shall be adjusted on July I" of each year in accordance with the Consumer Price Index (CPI) for the San Francisco Bay Area. 3. Thc fee will be used to maintain and rehabilitate the Town's storm drain system, including the engineering, planning and administrative costs directly related to such improvements, 4. Thc fce established herein shall become effective consistent with State law and shall be " 'l. collected and maintained as sct forth herein and as required by law. PASSED AND ADOPTED at a regular meeting ofthc Town Council ofthe Town ofTiburon on February 18,2004 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR Town ofTiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK ., LATE MAIL # 7 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF T1BURON ESTABLISHING A STORMW A TER RUNOFF IMP ACT FEE ON CONSTRUCTION PRO.JECTS WITHIN THE TOWN OF T1BURON ,r '" WHEREAS, impervious surfaces within the Town ofTiburon have a direct impact on the magnitude of storm water flows; and WHEREAS, the creation of additional impervious surfilcesdue to construction activities further increases stormwater runoff and reduces the capacity, performance and sustainability of the Town's storm drain system; and WHEREAS, it is appropriate for construction projects resulting in new impervious surfaces to pay an impact fee. to offset the increa~ed demand on the capacity, operation, sustainability, and rehabilitation of the storm drain system; and WHEREAS, the Town ofTiburon has adopted an ordinance (codified as Chapter] 48 of the Municipal Code) establishing the authority for imposing and collecting Public Facilitics Development Fees; and WHEREAS, the Town has provided public notice of the proposed impact fee in accordance with Government Code, (i(i66000 et seq.; and WHEREAS, the Town Council further finds as follows: A. The purpose of the stormwater impact fee is to upgrade, enhance, and/or rehabilitate the Town's storm drain system to accommodate drainagc watcr resulting from the creation of new impervious surfaces. B. The stormwater generated through creation of new impervious surfaces will exceed the capacity of the Town's current storm drain system in the abscncc of substantial improvements and will hasten the detcrioration of existing storm drain facilities. There is a substantial government interest in maintaining an adequate storm drain systcm in order to prevent flooding and other damage to public and privatc property. C. In order to project its futurc storm drainage rchabilitation needs, the Town undertook a study (hereinafter "Study") entitled Town of Tiburon Drainage Impact Fee Analysis and dated February] 0,2004, available for review in the office of Town Engineer. Said study found that the estimated capital standard engineering practices at $10,300,000 in 2003 dollars. Approximately 12.2 million square feet of residential impervious surface area eontributes to the Town's existing storm drain system. This creates a ratio of$0.84 for each square foot ofimpervious surface toward the upgrade and rehabilitationofthe storm drain system. Thus, the fee per square foot of new impervious surface is proportional to that project's contribution to increased storm water runolI I. The Town Council finds that Tiburon's storm drainage system components are located throughout the entire Town. Therefore, for purposes of establishing a Zone of Benefit for storm drain system rehabilitation, it is logical and reasonable to designate the entire Town ofTiburon corporate limits as a single benefit zone. New impervious surface will be assessed fees based upon a single fee established for the entire zone of benefit. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby resolve as follows: I. Definitions. For ourposes of this Resolution. the following terms shall be defined as follows: (a) "Building Permit" means a permit required by and issued pursuant to chapter 13 of the Tiburon Municipal Code. (b) "Construction Project" means any project requiring any permit or entitlement defined herein /Tom the Town of Tiburon that would result in a net increase in impervious surface. (c) "Encroachment Permit" means a permit required by and issued pursuant to chapter 19 of the Tiburon Municipal Code. (d) "1 mpervious surface" means any surface which does not allow direct infiltration of stormwater including, but not limited to buildings, building additions, new paved eoncrete or asphalt surfaces. (e) "Subdivision Entitlement" means a permit issued pursuant to chapter 14 of the Tiburon Municipal Code. (I) "Zone of Benefit" means the corporate limits of the Town of Tiburon. (g) "Zoning Entitlement" means a permit required by and issued pursuant to chapter 16 of the Tiburon Municipal Code. " ~ . 2. Fcc Imposed. The Town shall charge a Stormwater Runofflmpact Fee for any construction project in the Town which results in the creation of new impervious surface. The fee shall be collected at the time. of issuance of a building permit for the project. If no building permit isrequired; then the tee shall be collected at the time of issuance of the ftnal permit required by the Town, which may be a zoning entitlement, subdivision entitlement, or encroachment permit. 3. Fee Amount. The Stormwater Runoff Impact Fee shall be $0.84 per square foot of new impervious surface and shall be adjusted on July I" of each year in accordance with the Conswner Price Index (CPI) lor the San Francisco Bay Area. 4. Exemptions. The following construction projects shall be exempt from the Stormwater Runoff Impact Fee: (a) Projects undertaken by the Town ofTiburon on public lands and/or right-of-ways. (b) Projects which result in the creation ofless than ftfty (50) square feet of impervious surface area. 5. Payment of other Fees Required. Nothing in this resolution exempts any construction project from payment of any other applicable lees adopted by the Town ofTiburon. 6. Use of Fee Revenues, Stormwater Runofflml1act Account. , The revenues raised by payment of the Stormwater Runofflmpact Fee shall be placed in a separate Stormwater Runoff Impact account and such revenues, along with any interest earnings, shall be used for the following purposes: (a) To upgrade and/or rehabilitate the Town's storm drain system, including the engineering, planning and administrative costs directly related to such improvements, (b) To reimburse the Town for the cost of storm drain system improvements constructed by the Town with local funds from other sources (unless the Town funds were obtained from grants or gifts), (c) To reimburse developers who have constructed Town-authorized storm drain improvements having size, length or capacity beyond that needed to mitigate storm drainage impacts of that developer's individual development projcct; 7. Review and Reporting. Reviewing and reporting ofStormwatcr Runoff Impact fees shall be conducted in accordance with state law commencing at Section 66000 of the Government Code. 8. Appeal of Fee Determination. Appeals of administrative fee determinations must be filed in writing with the Town Clerk within ten (10) days of notification of said determination. Appeals must bc accompanied byh the required fee and be on prescribed Town appcal forms available from thc Town Clerk. Appcals shall be heard by the Town Council in accordance with appeal procedures adopted by the Town ofTiburon. 9. Effective date. The fee established herein shall become effective consistent with State law and shall be collected and maintained as set forth hcrein and as required by law. PASSED AND ADOPTED at a regular meeting of the Town Council ofthe Town ofTiburon on , 2004 by the following votc: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ALICE FREDERICKS. MAYOR Town ofTiburon ATTEST: DIANE CRANE IACOPI. TOWN CLERK j -- - " Town of Tiburon STAFF REPORT y AGENDA ITEM TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL BRIAN LYNCH, ASSOCIATE PLANNE~:ry AN APPEAL OF DESIGN REVIEW BOARD DECISION TO APPROVE A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING (4 CAZADERO LANE) FEBRUARY 20, 2004 FROM: SUBJECT: REPORT DATE: MEETING DATE: FEBRUARY 26, 2004 REVIEWED BY: AM . . . . . . . . .. ........................................ PROJECT DATA: . ADDRESS: OWNERS/APPLICANTS: ARCHITECT: APPELLANTS: ASSESSOR PARCEL NUMBER: FILE NUMBER: LOT SIZE: ZONING: GENERAL PLAN: FLOOD ZONE: 4 CAZADERO LANE JEFF AND KARl CUSACK HOLSCHER ARCHITECTURE WILLIAM AND HELEN L1NDQVIST 059-032-19 703184 18;276 SQUARE FEET R-1 (SINGLE-FAMILY RESIDENTIAL) MH (MEDIUM HIGH DENSITY RESIDENTIAL) C BACKGROUND On January 15, 2004, the Tiburon Design Review Board conditionally approved a Site Plan and Architectural Review application for the construction of a new single-family dwelling to be located on the property at 4 Cazadero Lane. William and Helen Lindqvist, owners of the property at 3 Cazadero Lane, have appealed this decision to the Town Council on several grounds which are discussed below (Exhibit #2). PROJECT DESCRIPTION The property is located off the Cazadero Lane cul-de-sac. The existing residence was formerly referred to as 251 Moitoza Lane, but the proposed residence would have access from Cazadero Lane. The existing house and accessory structure would be demolished. The proposed home would be a two-level structure, with a pool and detached pool house in the rear yard. The majority of the home would be constructed at street level, and would consist of three bedrooms, three bathrooms, family room, dining room, living room, kitchen, laundry room, and a two car garage. At the rear of the residence, the living room would open up to a covered porch. Beneath the covered porch would be the master suite and storage areas. The detached pool house would consist of a bedroom and bathroom. Tiburon Town Council Staff Report 212612004 STAFF REPORT Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other site improvements would include a swimming pool and terraced lawn areas in the rear yard. A retaining wall and vegetative screening would be installed around the perimeter of the property. Planter boxes and entry columns would be constructed in the front yard of the, property. The project would also involve the removal of some large Acacia' trees from the southwest side of the property. The floor area of the proposed home would be 3,827 square feet, covering approximately 23.5% of the property. The size of the residence would comply with both the lot coverage and floor area requirements for this property. No variances are requested or required for the project. REVIEW BY THE DESIGN REVIEW BOARD . . On January 15, 2004, the Design Review Board reviewed the application and received and considered public testimony. The Board deliberated on the merits of the project, and discussed the concerns and accolades that were expressed by the public. Boardmember O'Donnell and Figour stated, among other things, that that they liked the design of the building, and that there would not be a significant view impact; therefore Boardmembers O'Donnell and Figour supported the application. Boardmember Beales stated that he liked the design of the,building, but felt that the impact to the view from neighboring properties was too significant to approve the project. Boardmember Beales was riot confident that the applicants had adequately explored alternatives in the design of the roofline for the building. Chair Teiser initially stated that'minor alterations could be made to reduce the impact of the roofline, but appeared to be more amenable to the project as the hearing progressed. The Board SUbsequently voted 3-1 " (Board member Beales dissenting, one vacancy) to conditionally approve the application. The deliberations can be more fully reviewed in the Design Review Board minutes (Exhibit #4). - BASIS FOR THE APPEAL , There are five (5) grounds upon which the appeal (Exhibit #2) is based, which are summarized as follows: Ground #1 The Design Review Board failed to address the significant impact on the view of the San Francisco Bay from the residence at 3 Cazadero Lane. The Bmird did not give the view from 3 Cazadero Lane the weight and consideration it was due under Town policies, ordinances and guidelines. The Board did not properly interpret the masterbedroom as a "primary living area" under the definitions of the Tiburon View Ordinance. Staff Response: The Board's discussion focused primarily on the view issue at the meeting on January 15, 2004. All four Board members recognized the appellants' concern about the project, and directly addressed the impact to the appellants' view in their deliberations. 'After this deliberation, the Board determined that the project would not have a significant impact on the view from 3 Cazadero Lane. The Board made an informed decision on the project. - Tiburon Town Council Staff Report 2/26/2004 page 2 of 6 . . . Town of Tiburon STAFF REPORT The Tiburon Zoning Ordinance outlines the purpose and intent of the Site Plan and Architectural Review Process, and how applications shall be reviewed by the Town. The Ordinance states that during the review of an application, the acting body shall consider the Guiding Principles in the Review of Applications (hereafter "Principles") in addition to the Town of Tiburon Design Guidelines for Hillside Dweilings (hereafter "Guidelines"). According to the Goal 3, Principle 7, of the Guidelines (Exhibit #6), View protection is more important for the primary living areas of a dwelling (e.g. living room, dining room, family room, great room, kitchen, and. decks associated with these rooms) Than for less actively used areas of a dwelling (e.g. bedroom, bathroom, study, office, den). Although the view from the appellants' master bedroom may be dramatic, the Guidelines do not consider the master bedroom a primary living area, and therefore affords less protection to views from this room. The Board recognized this fact, as recorded in the minutes for the . January 15, 2004, Board meeting, and made a decision on the project accordingly. Appellants cite the definition of "primary living area" in the View and Sunlight Obstruction from Trees Ordinance (Chapter 15 Tiburon Municipal Code; hereafter "the View Ordinance"). As stated by the appellants, the View Ordinance defines "primary living area" as "the portion or portions of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living area is to be made on a case-by-case basis." The master bedroom of the appellants could be determined to be a "primary living area" under this ordinance. However, the View Ordinance does not apply to Site Plan and Architectural Review. The View Ordinance applies only to view impacts caused by trees or other vegetation, not by buildings or structures. Accordingly, the definition of "primary living area" as cited in the View Ordinance is not relevant to this application. Ground #2 The reasoning of the some of the members of the Board that removing the large Acacia trees from the southwest side of the property at 4 Cazadero Lane, was compensation for eliminating the foreground water views from the residence at 3 Cazadero Lane, was erroneous. Faiiure of the prior owners to fulfill their tree trimming responsibilities should not accrue to the benefit of the subsequent owner. Staff Response: The minutes of the January 15, 2004, Board meeting indicate that two of the four Board members discussed the "trade-off" in respect to views that would occur on the site with the removal of the large Acacia trees at the southwest side of the property. The Board as a whole determined that there would not be a significant view blockage as a result of the' proposed project as a whole. In this ground for appeal, the appellants apparently refer to the responsibilities of a property owner to maintain and trim trees as outlined in the View Ordinance. They seem to argue that the applicant's predecessors should have trimmed the trees earlier, and accordingly the Board should not have considered any view improvement resulting from the treeS'Temovat. However, as discussed earlier in this report, the Zoning Ordinance does not provide for the application of Tiburon Town Council Staff Report 2/26/2004 page 3 of ~ Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the View Ordinance in Site Plan and Architectural Review. Appellants may believe that they would have had a valid view restoration claim against the applicants or their predecessor, but such claims must be presented and processed according to the procedure set forth in the View Ordinance. There is no means of deciding such claims through Site Plan and Architectural Review. The View Ordinance is outside the purview of the Board and the Board has no power to determine whether appellants were entitled to have the trees trimmed or removed. The Board properly declined to consider any view restorative action that the appellants might have demanded and instead applied the Guidelines, as mandated by the Zoning Ordinance. The Board reviewed the project and its view impacts according to the site conditions which existed immediately prior to the January 15, 2004, Board meeting and determined that the impact on appellants' views was not significant. Ground #3 The Design Review Board did not adequately consider the applicant's lack of responsiveness, consideration and consultation with the appellants during the house planning process. The appellants have seen no reasonable accommodation of their view concerns. The applicants are in non-conformance with both a private view agreement and the Moitoza Subdivision CC&Rs. Staff Response: In the review of Site Plan and Architectural Review Applications, the Design Review Board is limited to review the physical aspects of the project as outlined in the Principles . . and Guidelines. The Zoning Ordinance does not include criteria for the Board to consider the lack of communication between applicants and aggrieved adjacent property owners. Any private view agreement and CC&Rs are civil agreements between property owners which cannot be enforced by the Town and are not typically considered by the Town in the review of applications. Therefore, the Board did not attempt to enforce these documents in its review of this application; instead relying on the Town's zoning permit authority to address view blockage issues. Ground #4 The applicants gave inadequate consideration to the many viable options that were suggested by the appellants and members of the Board for the redesign of the project to eliminate the view blockage. The proposed residence would have large vaulted ceilings and excessive roof slopes and would be sited at the highest elevation of the lot, thereby causing view impacts. Modifying one or all of these elements would not compromise the design or the applicant's reasonable enjoyment of the proposed residence. Staff Response: Staff has no information regarding the extent to which the applicants considered the appellants' suggestions. However, the Board discussed possible design' alternatives involving the slope of the proposed roofs. Boardmember Beales dissented on the motion to approve the project on the basis that the roofline adversely impacted views from nearby properties. Boardmember O'Donnell and Figour expressed that views across the site would not be significantly impacted by the project as proposed, and that any modification to the roofline would adversely impact the design and appearance of the proposed dwelling. Based on this discussion, the Board took action to approve the project as proposed rather than require the . applicants to explore other alternatives. Tiburon Town Council Staff Report 2/26/2004 page 4 of 6 . . . Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . Ground #5 The proposed dwelling is inconsistent with the character of the surrounding neighborhood. The proposed dwelling would have different rooflines than the predominant pattern on the street. The existing homes on the Cazadero Lane cul-de-sac are set back or sited down from the street. The cul-de-sac currently has an open feel, but the proposed dwelling would be crowded along the street. Staff Response: Neighborhood Character is one of the criteria in the Guiding Principles in the Review of Applications, attached for reference as (Exhibit #7). The Principles are the basis for all of the Board's decisions on applications for Site Plan and Architectural Review, and the Board is well versed in the Principles. The Board considered the evidence before it and concluded that the project was consistent with the Principles prior to granting project approval. The development of the five existing residences on Cazadero Lane represents no clear neighborhood character. It appears that each residence has similarities with at least one other residence on the street, but there is no overarching commonality in architectural treatment, height, mass, bulk, or setback from the street. For exa'mple, the residences at 1 and 3 Cazadero Lane are comprised of geometric forms with flat roofs, simple rectangular windows, wood siding, have two visible stories, and are setback relatively far from the street. The residences at 1 and 2 Cazadero both have wood siding, and are similar in color. The residences at 2 and 5 Cazadero Lane have sloped and gabled roofs, exhibit more traditional forms, are built relatively close to the street, and appear to be one-story structures when viewed from the street (The residence at 2 Cazadero Lane has two stories but it steps down the slope towards the rear of the property). ' , The proposed residence at 4 Cazadero Lane exhibits many characteristics of the other buildings on the street, (e.g. traditional forms, sloping/gabled roofs, wood siding, grey body color with white trim, composition shingle roof, a lower story that steps down the slope towards the rear of the property, and the building would be sited relatively close to the street). It appears that a range of architectural treatment, height, size and bulk are exhibited on the street, and the design of the proposed building falls somewhere in the middle of that established range. For this reason, it could be found that the proposed project is consistent with the character of the existing neighborhood. PUBLIC COMMENT Chris and Corinne Seton of 1792 Vistazo West Street have submitted a letter in support of the project. The Seton's state that the applicants were diligent in reviewing the plans with them, and the house has been designed so as to minimize its impact on the neighborhood. Tiburon Town Council 2/26/2004 Staff Report ' page 5 of 6 , Town of Tiburon STAFF REPORT CONCLUSION The Design Review Board reviewed and considered the Principles and the Guidelines prior to approving this project. In addition, the Board followed the application procedures and review authority of the Board, and determined that the project design as conditioned would not result in significant view impacts on neighboring residences, and that the design would be compatible with the character of the surrounding neighborhood. RECOMMENDATION ,Staff recommends that, the Town Council uphold the decision of the Design Review . Board and direct Staff to return with a resolution memorializing that action. EXHIBITS 1. 2. 3. 4. 5. 6. 7. 8. 9. Draft resolution for denial Notice of Appeal filed by William and Helen Lindqvist, dated January 26, 2004 Design Review Board Staff report dated January 15, 2004 Minutes of the January 15, 2004, Design Review Board meeting Notice of approval with modified conditions of approval dated January 20, 2004 Goal 3, Principle 7, of the Hillside Design Guidelines, p. 33 Guiding Principles in the Review of Applications Letter submitted by Chris and Corrine Seton, February 12, 2004 Submitted plans . S:IPlanninglStaff FolderslblynchlTown Council.reportsl#703184- 4 Cazadero Lane.doc . Tiburon Town Council Staff Report 2126/2004 page 6 of 6 . . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MEMORIALIZING A DECISION TO DENY AN APPEAL FILED BY WILLIAM AND HELEN L1NDQVIST OF A DESIGN REVIEW BOARD DECISION TO APPROVE A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING ON A PROPERTY LOCATED AT 4 CAZADERO LANE ASSESSOR PARCEL NUMBER 059-032-19 WHEREAS, on December 10, 2003, Jeffrey and Kari Cusack (hereafter "Applicant") filed a Site Plan and Design Review Application for the construction of a new single-family dwelling, on a property located at 4 Cazadero Lane; and WHEREAS, on January 15, 2004, the Design Review Board held a duly noticed public meeting, and reviewed the application in accordance with The Guiding Principles in the Review of Applications (hereafter "Principles"), and the Tiburon Guidelines for Hillside Dwellings (hereafter "Guidelines"); and. WHEREAS, at that hearing, concerns were raised by nearby property owners regarding potential view impacts, and the design of the project; and WHEREAS, after receiving public testimony, the Design Review Board determined that the proposed project was consistent with the Principles and the Guidelines, with specific attention to potential view impacts. The Board voted 3-1 to conditionally approve this application; and WHEREAS, on January 26, 2004, the owner of the nearby property at 3 Cazadero Lane, William and Helen Lindqvist ("Appellant"), filed an appeal of the Board's decision to approve the application on several grounds including, but not limited to; 1). The project would result in significant view impacts, and 2). The project would be inconsistent with the existing neighborhood character; and WHEREAS, on February 26, 2004, the Town Council of the Town of Tiburon held a duly-noticed public hearing on the appeal; during which public testimony was heard regarding the subject application and the Design Review Board's review of the application; and WHEREAS, after hearing all testimony and reviewing all documents in the administrative record, the Town Council determined that the Design Review Board correctly interpreted the Town's Zoning Ordinance and adequately considered all aspects of the project under the Town's Site Plan and Architectural Review authority. TIBURON TOWN COUNCIL RESOLUTION NO. -/--/04 EXHIBIT NO. 1-. ~. \ ~2- The Town Council also determined that the proposed project would not significantly . impact views from neighboring properties, and the project would be consistent with the established neighborhood character; and . WHEREAS, based on the above findings, the Town Council directed staff to prepare a resolution denying the appeal on February 26, 2004. NOW, THEREFORE, BE IT RESOLVED based on the above findings, the Town Council of the Town of Tiburon memorializes its decision to deny the appeal filed by Appellant, as set forth in this resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on , 2004, by the following vote: ' AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RECUSED: COUNCILMEMBERS: . TIBURON TOWN COUNCIL ATTEST: DIANE CRANE IACOPI, TOWN CLERK S:\Planning\Staff Folders\blynch\Resolutions\4 Cazadero Lane-#703184.doc TIBURON TOWN COUNCIL RESOLUTION NO. -/--/04 2 . EXHIBIT NO. ..L ~. '2.~~ . . . . c' r~.' ). ( 1.(.. ~,..,{ t..- . ' .l/ { ( ( Gus.., (,_L~ ) TOWN OF TIBURON NOTICE OF APPEAL ,J / " ,..- "__'~~' I '., \. . ,', ';:.1. ".';'..- (~~) APPELLANT Name: W I '-LI A+\ z..... \-\-o..z:.N Lt,-J D q V lo f . /:.V , " . Address: .:3 CA;Z.ADec:r<.O LANE Telephone: '1'?<J -0'10:"'> (Work) E=~,,,~~,,_)"'ri;"I' (no::::;, (Home) ACTION BEING APPEALED Body: YE:3IGN kE:.v ii;::vJ DoARD Date of Action: _jA-t..JUARY 16. .:2=,4- Name of Applicant: C.USACK, ,jEFF 2-. KARl Nature of Application: t~c.v.J y,,-l.EL.l...I.-1G (~) 4 CflZAC:'rGS,O LA-NE GROUNDS FOR APPEAL (Attach additional pages, if necessary) I ?~'"Y2-''''' ,cc-tl", c..l,,,,,t '- ~ ~ JiV ;; i' i\,7 I-~ 1f1' ~A: ;' ~ ;~o: ~j TOWN CLER~; TOWN OF TIBIJROb' Last Day to File: /- ,,Ll1 ..-..(rtf Date Received: , Fee ($300,00) Paid {'it.. g'-if CZD Date of Hearing I'll '^</ /---~-U . '-k / / I,. Ie -, , ( 10.; vu:,""~..._(c( Januat)' 1996 j4-;?r}..J:..i.~""""~V L, " 't' "2.\, 2..L(v4-4: EXHIBIT NO. 2- \ o.c \0 \ APPEAL OF THE DESIGN REVIEW BOARD DECISION TO APPROVE THE PLANS FOR A NEW RESIDENCE AT 4 CAZADERO LANE -- Jan. 15,2004 . r The DRB failed to address the significant view impact from our residence at 3 Cazadero Lane, that the applicant's proposed new residence would have on our single treasured view of San Francisco Bay and did not give it the weight and consideration it was due under Town Policies, Ordinances and Guidelines. 2. Under the Tiburon Municipal Code definitions, the single Bay view from our master bedroom is clearly from a "Primary Living Area". This was not properly interpreted by the DRB. 3. The reasoning, of some of the members of the Board, that removing the large acacia trees from the bayside of Lot 8 was compensation for eliminating our close-in water views, was an erroneous rationale on their part. Failure of the prior owners to fulfill their tree trimming responsibilities should not accrue to the benefit of the subsequent owner. 4. Nowhere in the DRB's deliberations is there evidence they considered the fact that the applicant had shown a lack of responsiveness, consideration and consultation with us during the house planning despite his representations to the contrary. We have helped the applicant move the project forward in various ways including research on utilities and granting permanent access to the property over the private Cazadero Lane easement at no charge. In return we have seen a breach of trust, no reasonable accommodation of our view concerns and no sense of basic fairness. The applicant is in non-conformance with both a private View Agreement and the Moitoza Subdivision CC&Rs. . 5. The applicant gave inadequate consideration to the many viable options that were suggested by us and members of the DRB, for the redesign of the project to eliminate the view blockage. He has, in fact, proposed a house with large interior vaulted ceilings and excessive roof slopes and has sited it at the highest elevation of the lot thereby causing the view impacts. Modifying one or all of these elements would not compromise the design or the owners' reasonable enjoyment of the proposed residence. . EXHIBIT NO. 2.' . 2 d"-\O . CLARIFICATION OF THE POINTS OF THE APPEAL TIBURON VIEW INTERFERENCE POLICIES, ORDINANCES and GUIDELINES The majority of the ORB did not critically examine, to the extent it should have, the proposed residence as to its location, the roofline height and chimney mass and the design adherence to the Town's policies, ordinances and guidelines (as outlined below) in relation to the impact on our valued view of San Francisco Bay. References: (a) Tiburon General Plan, Policy OSC-3. "Outward Views: Property owners cherish their views. New structures and associated land\'caping should be so situated and kept low to avoid inte~ference with existing outlooh. " (b) Tiburon Zoning Ordinance, Section 4.02.07(b) In reviewing applications... the acting body shall consider the following principles as they may apply. Site Layout in Relation to Adjoining Sites. The location of proposed improvements on the site in relation to the location of improvements on acijoining sites with particular attention to view considerations... .... . Section 4.02.07( c) Neighborhood Character. The height, size and/or bulk of the proposed project bears a reasonable relationship to the character of existing buildings in the vicinity. Although the homes of the Moitoza subdivision are a mixture of one and two storied and are in different styles, none of the roofs are view blocking for neighbors. Three of the seven have flat roofs and a fourth has a tnmcated hip roof to allow the single story house behind to enjoy an outward view to the Bay. The roof of this proposed new residence is excessive in height and bulk and would block the whole lower central part of our view. . . The four existing homes on Cazadero are all set back, or back and down from the cul-de-sac/driveway thus giving the cul-de-sac a nice open feel but the planned house on Lot 8 is crowded along the whole front side ofthe circle. Section 4.02.09 In reviewing applications for Site Plan and Architectural Review, the acting body shall also apply goals and principles ....set forth in Town of Tiburon Design Guidelinesfor Hillside Dwellings and General Design Guidelinesfor New Construction and Remodeling. G2 PI (12) To reduce the general environmental impact (!fnew dwellings in the neighborhoody. Be a considerate neighbor. The effect of the dwellings on each other becomes critical... view corridors...property values... must be explored by the newest house on the block to avoid conflicts with the neighbors. . G2 P/3 (26) (I"he) proposed dwelling will have a substantial impact on neighboring properties: this impact must be minimized in every way reasonably possible. EXHIBIT NO. 2- ~~lP G3 PI (27) To Preserve Existing Views as much as possible and allow new dwellings access to views similar to those allowedfrom existing dwellings. "No single ilem, wilh regard to his dwelling, is more precious 10 the resident ofTiburon than his view... " Applicantsflir building permils and neighborhood residents must (if/en compromise to obtain satisfactory solutions to view blockage problems. Principle I. ,Locate all new dwellings so they inte~fere minimally wilh views of adjacent dwellings. "Do not locate dwelling on hif!hest /Joint o/property ifin so doing iI will obscure view (if another dwelling. Roof line.~ and wall lines should be considered carefully to avoid problems. " . We strongly object to the height and mass of the chimney, the misrepresentation to us by the applicant as to where the chimney would be located and the unacccptable . impact on our view. We consider the ORB to be in error in not finding this oversizcd chimney to be a significant view blockage and not recommending its size reduction. According to Code. thc fireplace flue height need only exceed the adjacent roof height by 2ft In light of the view issues, it is incumbent on the applicarit to limit the flue height accordingly and to eliminate the metal shroud surrounding it. We have a view of San Francisco Bay from only ONE room and it would be a travesty for the applicant who has nnimpeded panoramic views from J!!Lparts of his property, to be permitted to construct a high pitched roofline with oversizc chimney to impact our single view to the extent that it would.(See Exhibit A) . DEFINITIONS ofVlEW and PRIMARY LIVING AREA R~f Tiburon Municipal Code. Chapter 15: Views and Sunlight View is defined as "A scene from the primary living area of a residence.... Views include...... bridges, landmarks, distant cities, ...... .and bodies of water." Primary Livinl! Area: The portion or portions of a residence from which a view is observed most often by the occupants relative to the other portions of the residence. The determination of primary living area is to be made on a case-by-case basis. The view of the waters of Tiburon Cove and San Francisco Bay from our master bedroom (and the stair, landing) is the view that came with onr home when we purchased it in 1995, and it is the 0 NL Y view we have of the main San Francisco Bay. By the definitions above, it is indisputably' a view from a primary living area. . EXHIBIT NO. L. A; c+- \0 . . . TREE ISSUES The rampant growth of black acacia on the Moitoza property has been a thorny problem for many years. When the big stands in front of the house and along the north -west property line remained untrimmed even after the house was put on the market, we advised the Moitoza family that we would be seeking legal help to get a response from them. A tree company was scheduled to come the following week but the Moitoza family decided to do the trimming themselves and so the view down to the Corinthian Yacht Club over the new Perrelli-Winston office addition was restored: They removed several other big self-sown acacias from the Cazadero side but. evaded the expense of trimming the bayside clump, knowing that the new owner would be cutting them when construction began on the property For one of the DRB members to reason that since the applicant would be returning a view to us by removing these trees, this would be a reasonable exchange for the view he would take from us. In other words, we.would be swapping a distant water view that we had temporarily lost (and which we are entitled to under the M.S..CC&Rs) for a close-in water view that we currently have. This is an entirely erroneous argument and there is nothing in the Town regulations and guidelines that gives the DRB authority or guidance to act in this way. Failure of the previous owners to carry onttheir tree trimming obligations should not inure to tbe benefit of the new owner. It is the views of the senior property holder that should reasonably prevail. (see Ch.15-IA of Tiburon Municipal Code) We feel this action showed undue bias in favor of the applicant. But, by this very reasoning, the DRB also highlighted the magnitude of the view impact and since the tree issue is invalid the applicant should be required to reduce the impact by otber means. VIEW CONCERNS, CC&Rs, & VIEW AGREEMENT Our view concerns about a high ridgeline were expressed early on (see Exhibit B) but no negotiation or compromise solution was proferred by the applicant. Although the Town does not enforce CC&Rs and does not take them into account in its decisions, nevertheless the view provision in the Moitoza Subdivision CC&Rs (see Exhibit C, section] c) contains language relating to the impingement of views similar to. that of the Town policies, ordinances and guidelines. When submitting the' Application for NEW RESIDENCE', JefT and Kari Cusack filled out the Town ofTiburon form which states .......(we) hereby affirm that (we)....have read any and all Covenants, Conditions and Restrictions (CC&Rs) and other documents recorded against (our) property which could affect this application and that the prepared plans conform to said CC&Rs and documents. EXHIBIT NO. 2- 15~tO 1l1e applicant is in non-compliance with the view provision of the CC&Rs. We consider this a serious breach. . The View Agreement signed Oct. 15,2003 , requires the applicant(s) to use their good faith efforts to design and construct a new dwelling so as to minimize the impingement on the present views we have of San Francisco Bay. (Exhibit D) This agreement ha~ heen breached since the view from our bedroom ha~ been "materially altered" by the proposed residence. RECOMMENDATIONS In view of (a) the several deficiencies in the Design Rcview Board's deliberations and conclusions as to the mab'TIitude of our view impairment and (b) the failure of the applicant to reasonably abide by the Town's relevant policies, ordinances and guidelines, it is requested that the appeal be upheld. The applicant should be required to lower the highest central ridge a minimum of two feet and the roofs of the den and family room by three and a half feet to reinstate the views from our residence. . EXHIBIT NO. 2 ~ ~lO . . . . EXHIBIT A THE APPELLANT HAS SUBMITTED AN OVERSIZED PHOTOGRAPH SHOWING THE STORY POLES FOR THE PROJECT FROM THE APPELLANT'S RESIDENCE. THIS PHOTOGRAPH IS IN THE PROJECT FILE AND IS A V AlLABLE FOR VIEWING IN THE PLANNING DIVISION. IT WILL ALSO BE MADE A V All..ABLE FOR VIEWING AT THE COUNCIL MEETING EXHIBIT NO. 2- 1 ot. to Yahoo! Mail - williamJindqvist@lyahoo.com E,,<="t-H S It ~oo!,) Mail '-~ Dllte: Tue, 29 )u12oo3 11:59:16 -0700 (PDT) From: 'Wllliam Lindqvist" <wllliam_lindqvist@vahoo,com> Subject: Re: letter To: .Cusack, Jeff" <leff.Cusltck@schwab.com> Jeff, Helen and I likewise, will be deligh~ed to have you as our new neighbor and we look forward to see~ng an exciting home on your property. However, from what we could glean from your conceptual development plans our guess .is that our views would be much more affected than both of your other Cazadero neighbors. You will remember we both expressed our concern at your envisaged roof line as we looked over your. plans .on July 13th and losing potentially 30-40 .percent of one's bay and harbor v~ew is not an ~nsign~ficant impact. Have you corisidered the possib~lity of a truncated hip roof like the Dicks? When you.come back into town we 'would. appreciate the opportunity of going over your plans again and any modifications and additions including the location of the master suite. . R~gards, Bill \ ( B Page 1 of2 @ Print - CI~ Wind. EXHIBIT NO. 2- e coP \0 . . . . . . it i E',.(J-! 11311 C Cowenaall ar Rnlrlclions based an raee, COIar,IIUgIn. su,l\IIlIdIap.lImlly lIlIIIs. DT ulIolllllll1lla; II any COIIlaIIIlll hanln, are Illreliy omllled Irom lbls. dDc.menl. 8502893' DECLARATION OF COVEIIAIl'1'S, CONDITIONS, AIIO. RESTRICTIONS FOR HOlTOZA LANE SUBDIVISIon WHERSAS, RUFE AND WENDY SOULE, husband and wife, are the owners of a certain ~arcel of uniMproved real property located in the County of Harin, State of California, being Lata 1 throu9h 8 as the same are shown on that certain Itap. entitled,. "Hap. of Hoitoza Lane Sub.Jivlsion", filed for record on the ~ day of :TU LV , 1985, in Volume ...1!1- of Haps at Page ~, Harin County. RecordSI and Hal, THEREFORE, SOULE does hereby declare that each an.J every lot shown on the .1bove Hsl' of HoitoZol Lane Suuulvlslon Is held, and shall be held, occupied, and i,,'provecl subject to the fOllow- ing liL,ltationa, restrictions, .conditions, and covenants all of which are to be declared to be in the furtherance of tile plan for the subdivision, re-Gubdiv1sion, improvlloent, and sale of the land, and are established and agreed upon for the purpose of enhancing and protecting the value thereof, the desirability and attractiveness of the lands, and every part. thereof. All of the limitations, restrictions, conditions, and covenants shall run with the land and shall be binding on all parties having or acquiring any right, title,. or. interest in the describaL! lands, or any part thereOf. 1. LAND USE AND BUILDING RESTRICTIONS FOR ALL LOTS a. No bu ilding shall be erected or ilIaintained upon any lot or building site of said property except a private dwelling-house and the outhouses hereinafter permitted. Each such dwelling-house shall be designed and intended for occupation by no more than one family. b. All i~provements shall be within building envelopeB as ..hown on the "Hap of Hoitoza Lane Subdividon". c. No dwelling, outhouse, fence, landscaping, tree planting, or other structure or improvement shall be placed or located upon any lot BO as to constitute an unreasonabl. or sUbptantial interference with the view' enjoyed by any other lot. . d. Outhouses a~purtenant to said dwelling-house may be erect_ ed and maintained provided that no outhouBe shall be more than one story in height. e. For the purpose of this Declaration a private garage for not more ~han four CarB for the use of the ovnsr or OCCUpant of the building site upon which said garage iB sreuted Bhall be deemed an outhouse, A private garagB may be incorporated in and bs made a part of eueh prhate dvelling-houae aB 10 permitted by thie dr-cluation to b.. erect ad on the building sit.. , EXHIBIT NO. 2.:.. . 1 ,\~lO , ., i t -','. .,' Ii f & , ~x: tf-Ibl( D /" VIEW AGREEMENT . Jeffrey P. Cusack and Kari M.Cusack, owners of Lot 8 and William F. Lindqvist and Helen 1. Lindqvist, owners of Lot 5, both of the Moitoza Subdivision, Tiburon agree on the following. J. The owners of Lot 8 will adhere to the Moitoza Subdivision CC&Rs during and after construction of a new home on Lot 8 with special reference t() section Ic. 2. The owners of Lot 8 will use their good faith efforts to design and construCt a new dwelling on Lot 8 so as to minimize impingement on the present views of San Francisco Bay from the windows of the home on.Lot 5. 3. The present view of the Corinthian Yacht Club and surrounding waters from the master bedroom of the dwelling on Lot 5 (as shown on the attached photograph) will not be materially altered by any improvements on Lot 8. 4. More specifically, any vegetation buffer on Lot 8 that exists or will exist between Lot 8 and Lot 7 will be maintained at a height not to exceed seven feet above the present ground surface as measured along the property line. Maintenance will be limited to no more than once approximately every six months. . . 5. This agreement is dated October IS, 2003 and shall remain in effect so long. as either or both of Jeffery P. Cusack and Kari M. Cusack have an ownership interest in LOt 8. . ~ Willi . Lin ~~ /-)/03 Kari M. Cusack Date B1t1~~ Witness /of;..1E3 Date EXHIBIT NO. 2- \O~\D . . . . Town of Tiburon STAFF REPORT 0-8 AGENDA ITEM TO: DESIGN REVIEW BOARD BRIAN LYNCH, ASSOCIATE PLANNE~ 4 CAZADERO LANE; FILE #703184 SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING. , FROM: SUBJECT: MEETING DATE: JANUARY 15, 2004 REVIEWED BY: OMW . . . . . . . . .. .................................... PROJECT DATA: OWNER: . APPLICANT/ARCHITECT: ADDRESS: ASSESSOR PARCEL NUMBER: FILE NUMBER: LOT SIZE: ZONING: . GENERAL PLAN: FLOOD ZONE: DATE COMPLETE: CEQA EXEMPTION: PERMIT STREAMLINING ACT DEADLINE: KARl & JEFFREY CUSAK HOLSCHER ARCHITECTURE 4 CAZADERO LANE 059-032-19 703184 18,276 SQUARE FEET . R-1 (SINGLE~FAMIL Y RESIDENTIAL) .'MH (MEDIUM.HIGH DENSITY RESIDENTIAL) C. . DECEMBER 19,2003 JANUARY 15, 2004 MARCH 14, 2004 PRELIMINARY ENVIRONMENTAL DETERMINATION: Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. . PROPOSAL: The applicant has submitted a request to construct a new single-family dwelling located at 4 Cazadero Lane. The property is located at the end of the Cazadero Lane cul-de-sac. The existing residence was formerly referred to as 251 Moitoza Lane, but the proposed residence would have access from Cazadero Lane. The existing house and accessory structure would be demolished. The proposed home would be a two-level structure, with a pool and detached pool house in the rear yard. The majority of the home would be constructed at street level, and would consist of three bedrooms, three bathrooms, family room, dining room. living room,. EXHIBIT NO. ~ l~~ Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . kitchen, laundry room, and a two car garage. At the rear of the residence, the living room would open up to covered porch. Beneath the covered porch would be the master suite and storage areas. The detached pool house would consist of a bedroom and bathroom. Other site improvements would include a swimming pool and terraced lawn areas in the rear yard. A retaining wall and vegetative screening would be installed around the perimeter of the property. Planter boxes and entry columns would be constructed in the front yard of the property. The floor area of the proposed home is 3.827 square feet, and covers approximately 23.5% of the property. The size of the residence complies with both the lot coverage and floor area requirements. ANALYSIS: Zoning As proposed, the project appears to be in conformance with the development regulations of the R-1 zoning district. . Design issues The design of the proposed home would be a combination of dutch-colonial style and craftsman style. The siding would be comprised of wood shingles, and the windows columns and trim would also be comprised of wood. The front elevation would feature a bay window off of the kitchen with a gambrel roof above. This feature coupled with the barn garage doors adds to the dutch-colonial style. Porches would be constructed at the front entrance, at the pedestrian entrance to the garage and at the rear of the residence. Small gabled roofs and eyebrow windows would add architectural interest to the elevation of the home. The color of the residence would be grey wood siding with white trim. The roof would be dark grey composition shingle. A colors and materials board will be available for review at the Board meeting. . The home has been designed with a sprawling floor plan, apparently to keep the height of the structure as low as possible. This is important because there are other homes on Cazadero Lane which have views across the subject site. Although it doesn't appear that any significant views would be blocked, some portions of water view may be obscured from 1, 3, and 5 Cazadero Lane. The landscaping plan would indicate that much of the existing vegetation on the. site would be removed. Most notable is the dense acacia shrubs in the area of the proposed garage, and the two 19" DBH trees at the south west corner of the property. New vegetation would be planted throughout the site. Most notable are a 24" box oak tree behind the proposed garage and five 24" box trees (species to be determined) would be planted along Cazadero Lane. An existing significant oak tree adjacent to the proposed pool house . would be retained. ~ EXHIBIT NO. January 15, 2 or;.. ~ page 2 of 5 . . . Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Comment Patricia Montaog, 7 Raccoon Lane, has submitted a letter stating that there is a concern with the potential noise from the proposed swimming pool. Ms. Montag's property is below the subject parcel, and without a sound barrier between the properties, the potential noise could be excessive. In addition, Ms. Montag suggests that Moitoza Lane should not be used during the construction process because of lack of integrity of the road and the hillside below. RECOMMENDA nON: . It is recommended that the Board review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding Principles for Design Review) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. If the Board finds that the design of the project is consistent with the Guiding Principles for Site Plan and Architectural Review, then it is recommended that the project be approved with the attached Conditions of Approval. EXHIBITS: 1. Conditions of Approval 2. Application and supplemental materials dated December 10, 2003. 3. Letter submitted by Patricia Montag, 7 Raccoon Lane 4. Floor plan for the proposed pool house 5. Plans for the project EXHIBIT NO. ~ ~oC~ January 15. 2004 page 3 of 5 8. 4 CAZADEDRO LANE CUSACK, NEW DWELLING The applicant has submitted a request to construct a new single-family dwelling located at 4 . Cazadero Lane. The property is located at the end of the Cazadero Lane cuI-dc-sac. The existing residence wa~ formerly referred to as 251 Moitoza Lane, but the proposed residence would have access from Cazadero Lane. The existing house and accessory structure would he demolished. The proposed home would be a two-level structure, with a pool and dctached pool house in the rear yard. The majority of the home would be constructed at street level and would consist of three bedrooms, three bathrooms, family room. dining room living room, kitchen, laundry room and a two-car garage. At the rear of the residence, the living room would open up to a covcred porch. Beneath the covered porch would be the mastcr suite and storage areas. The detached po.olhousc would consist of a bedroom and bathroom. Jeff Cusack, owner, discussed the application. He stated loss ofvicw and view corridors of3 . Cazadero Lane were addressed. The b'Teen belt will be established and maintained. Trimmed trees will increase views. David Holscher, architect, discussed the project. Boardmember Beales stated it appears that the proposed roof would have a 8:] 2 pitch. Mr. Holscher responded that some portions of the roof would be 7.5:12 and some would be 3:] 2, but that the major portions would be 3.5: 12. He added that a story pole was recently install cd for the chimney, at the request of the neighbors. . David Schwartz, landscape architect, statcd there will landscaping screening on the north. He said that the b'Teen belt would consist of acacia or myoporum, of which the neighbors are deciding, or some existing hedge will remain within the eight-foot setback line. He said that 10W-b'Towing shrubs to be planted would prcserve the view to the Corinthian Yacht Club. Boardmembcr Bealcs asked if a baffle wall will be needed for the noise from thc pool area. Mr. Schwartz stated noise does not bend over the hill, so a wall would not be needed for the downhill neighbors. Boardmember O'Donnell asked about the two acacia trees in the back yard. Mr. Schwartz responded that removing them would expand the neighbor's and applicant's views. Chair Teiser noted that some oflctters reccivcd on this application regarded building permit issues, which this Board does not address. William Luken, 160 Las Lomas Lane, president of Lyford Cove Homeowners Association, stated that the property ahuts Moitoza Lane and he requested that with any approval a condition he placed that ifthere is disruption to the path, the path be restored. Hc fclt that therc should be appropriate drainage improvements planned at this stage. TlBtJRON P.R.B. 1/15/114 EXHIBIT NO.. A- . 11 \ ce.4- . . . Helen Lindqvist, 3 Cazadero Lane, stated that there height restrictions were placed on the three previously-developed lots on Cazadero Lane, and the proposed house's height should be similarly restricted. She said that the proposed roof line would block her views. She stated that she would like the roofline to be lowered, the whole structure sunk down on the site, or the building moved down the lot. Bill Lindqvist, 3 cazadero Lane, stated he initially suggested a truncated hip roof and the applicant appeared to be open to the suggestions of the neighbors at the beginning of the project. He noted that the neighbors approved an access easement to Cazadero Lane for this property. He felt that the ridgeline and chimney would be obtrusive and that the applicant did not address their concerns: He stated that a large portion of his close-in water views would be blocked. He felt that the proposed chirrmey was too large and in an inappropriate location. He stated that the view blockage would cause a serious loss of enjoyment of his home and loss of property value. He stated that the view interference would be unreasonable and. substantial. He did not believe that the applicants had made a good faith effort to prevent impingement on his views. He asked that the Board not approve the project so the architect can reduce the height of the roofline and the mass of the chimney. Molly Dick, 5 cazadero Lane, stated that the proposed plans have merit and the house would enhance the other homes on this cul-de-sac. Her concerns include the view of the bay and the unimpeded view of the mature greenery to the bay. She stated that the applicant and the landscape architect had agreed to maintain the greenbelt; however, she would like to know the how this would be maintained and what would be done to replace any vegetation that may be damaged during construction. She wanted to ensure that mature vegetation would screen the proposed h()me. She stated that she appreciated the removal of the cupola from the originally proposed plans. She said that she respects the Lindqvists' concerns. Libby Winston, 2 Cazadero Lane, stated that if the house were moved down the grade and further out on the hill, the privacy of her office and living room would be impacted, and if the house were built tall enough, would look into her master bedroom and bathroom. She noted that the roof pitch of her home is the same as that of the proposed house. John Russo, ] 05 Rock Hill Drive, stated the applicants would be good neighbors and arc trying to do their best. Lou Perelli, 2 Cazadero Lane, discussed the process and noted that the applicant had initial1y asked about his concerns. He said that issues of egress, ingress, views and the overall desib'Tl of the home were considered in light of the neighborhood. He noted that this lot was not a part of the Cazadero Lane subdivision. He said that he appreciates the neighbors' concerns, but that an outside developer could have come in with a much worse design. Raj Pherwani, 1762 Vistazo West Street, stated that his view issues are not significant. He was concerned that the story poles do not appear to match the submitted plans. He asked that the chimney desib'TI be softened. TIBtJRON D.R.B. 1I15/04 EXHIBIT NO. 4-- 12 2.JP 4- Chris Seton, 1792 Vistazo West Street, stated that the proposed design is appropriatc, and that a developer could have huilt an ugly building on the site. He said that he would look down at a beautiful house with beautiful landscaping. . Mr. Holscher stated that he would take care of drainage and path issues. He noted that the chimney is becoming an issue, however, he felt that it would be very small. He felt that the chimney would frame the new views across the site. He noted that one tape connecting the story poles was installed incorrectly; the tape was fllUr inches too high, but wa<;then installed at the correct location. Boardmember O'Donnell stated this comes down to an issue of views, not architectural style. He commended the applicants on working with the neighbors and addressing their concerns. He said that it would be a major benefit to removc the two acacia trees. He stated that the path disruption/reconstruction and drainage would be handled by the Town Building Division. He acknowledged that Ms. Dick would like to keep the b'feenbelt, but stated that this is an overgrown property and the applicants are making b'feat efforts to maximize views. He stated that the big objection is from the Lindqvists, including potential blockage of their water view of the Corinthian Yacht Club. He said that there would be a two to three foot view blockage caused by the house, but the acacia trees would come down; on balance, he said that there would not be a significant impact to their property. He said that he could completely support the project. Boardmember Beales stated that the Lindqvists' view is not the type of view that would usually be most protected, however, it is their only view. He said that the main rooflinc of . the house would have an 8:12 pitch, and there has becn no explanation as to why it is so high. He felt that the nearest water view ofthe Lindqvists would be impacted. He thought that the project would still be a good design with a lowered roofline. He noted that the floor area is at the floor area ratio for the property, and a 400-square-foot storage room is not included in that total because of the ceiling height. He stated that there have been too many instances in which people have returned to the Board to request converting storage space to living space. He stated that ifthe applicant ever returns with a floor area exception to expand this to habitable space, he would vote against it. Boardmember Figour stated that even in Tiburon, residents must anticipate that views will change, with trees growing and houses built. He said that the roofis nice looking and lot of people look down on it, and tweaking it into a flat roof with a hip around it would result in an ugly roof for those who look down on it. He said that he sympathizes with anyone losing any view, but noted that by ordinance there could be a 30-foot-tall house on this lot. He thought that this may be the best that could occur on this site, and felt that the criticism perhaps should be minimal. He felt that the chimney would bc a little large. He said that the 'removal of the black acacias would produce a net gain in view fllr the Lindqvists, and would make their view spectacular. He felt that the applicant has made compromises to his view, as the house would not be high off the ground and would not have the views that could be afforded on the sitc. He supported the project. TIBURON D,RJl. 1/15/04 EXHIBIT NO, ~ . 13 ~l\- . . . Chair Teiser stated that the chimney would stick up, though perhaps not as much as represented by the plans. He thought that a slightly lower roof pitch could be accommodated without drastically changing the design features of the house and this would lower the height of the chimney. Regarding the pool location, he said that noise usually goes up and not down, and there would be more concern for those living above than below. Boardmember O'Donnell added that when walking on the site, he felt the house at One Cazadero Lane would be most affected. He said that the owner of that house recol,'TIizcs the potential view impacts that would be caused by the house, but is happy with the opening of other views with the removal of the trees. He felt that, on balance, the applicants have done an admirable job in the design of the project. . Boardmember Figour stated that he also spoke with the owner of One Cazadero Lane who knew that this would bea tradeoff and is happy with this. Mr. Holscher stated he worked hard to make the house what it is and he cannot comment on lowering the pitch. He said that there was a lot of balancing done to make this project work. Boardmember O'Donnell stated the roof as proposed would be far more attractive than a flat roof. He felt that the architect has done a commendable job with the roof with its different heights and different gables. Boardmember Beales stated that there is room to investigate the issue of the roofline, and that there are opportunities that have not been investigated. He said that he likes the overall . desib'TI of the house, and could approve of the roofline if it had no impact. He would like to see further study to see structurally why a lower roofline would riot work. He said that the profile of the chimney could be reduced, and that seeing the chimney near the tree would be better than placing it in the middle of the view. Associate Planner Lynch noted that there are issues about the maintenance of Moitoza and Cazadero Lanes that would normally be addressed during the building permit process; however, in this case both are private streets. Staff recommended adding two conditions of approval to this application: (1) that a preconstrUction meeting be held between the architect and Town officials to work out drainage issues, construction staging areas and issues with construction; and (2) that a pre-construction video record be made of Moitoza Lane and the cul-de-sac. Mr. Cusack noted there is an ab'feement that requires that he pay for any damage to Cazadero Lane caused by the construction. MIS, O'DonDelllFigour (passed 3-1, Beales dissenting), to determine that the project is categorically exempt from the provisions of cEQA and approve the application sub.iect to the conditions of approval as set forth in the Staff report, suhject to additional conditions of approval requiring a preconstruction meeting with the architeet and. Town officials regarding drainage and construction issues, and that a pre-construction video record he made of Moitoza Lane. TIBURON D.R.B. 1/15/04 EXHIBIT NQ'4 4- 4-~+ Town ofTihurtln. 1505 Tiburon Boulevard. Tiburoll. CA 94920. p, 115.435.7373 F. 415.435.2431{. www.liburon.o~ PLANNING DIVISION NOTICE OF DESIGN REVIEW BOARD ACTION Holscher Architecture 1550 Tiburon Boulevard Belvedere, CA 94920 Notice Date: January 20, 2004 On January 15, 2004, the Tiburon Design Review Board conditionallv approved the following project located at 4 Cazadero Lane: Site Plan and Architectural review for the construction of a new single-family dwelling; File # 703184. Please refer to the attached conditions of approval. Minutes of the Design Review Board meeting are generally available within 3 weeks fOllowing the meeting, and will be provided upon request. There is a ten (10) day appeal period of any decision made by the Design Review Board. To appeal this decision, the prescribed form shall be filed in with the Town Clerk, accompanied with the appropriate fee. Appeals will be forwarded to the Planning Commission or Town Council for review. A Building Permit must be obtained for this project. Please inquire at the Building Division for additional information regarding the Building Permit process (415-435- 7380). 5i cerely, . . "";- . EXHIBIT No.5 ."I.~4- S:\PlanlliJlg\StalrFolders\blynch\NUI'ICES\/\CTJON.DRH\#7{)31 X4- 4 C<v..adcro Lanc.doc . . . Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EXHIBIT ] CONDITIONS OF APPROVAL 4 Cazadero Lane FILE #703184 "AS AMENDED BY THE DRB ON JANUARY 15. 2004 .1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued. . 2 The development of this project shall conform to the application and plans dated by the Town of Tiburon on January 5, 2004, or as amended by these conditions of approval. Any modifications to the plans must be reviewed and approved by the Design Review Board. 3. Plans submitted to the Building Department for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Department for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building . plans, with a signature block to be signed by the Design Review Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. "All changes that have not be.en explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Design Review approval is not valid and shall be subject to stop work orders and may require removal. 4. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project 5. All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures. 6 The location of the story poles must be certified by a licensed surveyor. Any changes in the story poles must be approved by the Design Review Board, prior to the issuance of a building permit 7. The decorative chimney/weather vane on the roof of the proposed pool house is not approved and shall be removed from the plans prior to the issuance of a building permit: January 15, 2004 EXHIBIPfN6~ 5 2~+ Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Prior to the issuance of a building/demolition permit, a pre-construction meeting shall be held, and those attending shall include the contractor of record, the job foreman, the property owner, the building official, project planner, town engineer, project architect, project engineers, and anyone else deemed appropriate by the Community Development Department. During this meeting the attendees shall review and address all of, but not limited to, the following issues: conditions of approval, mitigation measures and monitoring, best practices, and standard building permit conditions (permit expiration, staging, parking, site management, traffic, location of job shack & debris box, construction and demolition recycling requirements, noise issues, work hours, winterization, concrete wash-out, damage to street/curb, penalties for violations, special inspections, timelines, and any other conditions as deemed necessary by the Community Development Department).' 9. Prior to the issuance of a building/demolition permit, the applicant shall provide a video survey of the subject property and surrounding improvements on Cazadero Lane and Moitoza Lane, such as the roadway, curb, retaining walls, etc. A post- construction inspection of the existing .improvements on and around the site, using the pre-construction/demolition video, shall be conducted by Town staff. Any damage to the existing improvements shall be repaired at the property owner's expense to at least the condition of the site according to the pre- construction video, prior to the issuance of a Permit of Occupancy.' . 10. Prior to under-floor inspection, a certified survey of the structure foundation will be required. Required documents shall include graphic documentation locating the building on a site plan and including specific dimensions from property lines and other reference points as appropriate, and elevations relative to sea level of the foundation walls and slabs. No inspections will be provided until the survey results have been verified. 11. The project shall comply with the following requirements of the Tiburon Fire Protection District: a. The structure shall have installed throughout an automatic fire sprinkler system in accordance with NFPA standard 13-0. The system design, installation and final testing shall be approved by the District Fire Prevention Officer (UFC 1003). b. Approved smoke alarms shall be installed to provide protection to all sleeping areas (UBe 310) c. Approved spark arresters shall be installed on chimneys (UFC 1109). d. A greenbelt shall be provided by cutting and clearing all combustible vegetation within 30 feet of the structure (UFC 1103). . January 15, 2004 page 5 of 6 EXHIBIT NO. 5 3>~ 4- . . . Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. The following requirements of the Marin Municipal Water District shall be met: a. A copy of the building permit shall be submitted, b. Appropriate fees shall be paid. c. The applicant shall comply with the District's rules and regulations in effect at the time service is requested. 13. All requirements of the Town Engineer shall be met ','.','. January 15, 200,!=- EXHIBJ'f'~~ :::) 4~4- n_ . - ill., " L ill -< '.-L "-- :..: n\ ~ i0 t. - \J \Y \ ,:.J - Sl_~-c- r-1- .\ \ --").. I ".L }-v ......J - "_ : -"( III I ~CJ-..J ill~ 1 )- > l Q!' n.ill~-~T-:) ~~Z-:I j, ",.[1 \--:\. -<1.." "~_ ',-..}, ll."'." - !i'! ,. ,'y\l.. Il. ~-, c 3 '.n. " . Cl --", _-._ ,- 'T c::::, 11) '-' L n .(\ {\ 01- --.i T .{ i'- \J .,' {' ~ <j ill .{ ~. ~ '-'.- ;( -{'T "' lli ill IX" J_ ':'" . ", ,- '" ....c .":"1 _, :..: " '-" 1'-'-'" , " -J: lD =-:Jill {'. ~T Q~() > ill-J: IU ~ ~~ T.,J ill :?\-i"IlL. .:} TOil\) \-- Cl ~.4 1-- t\l lJ -0' . r. T ~\-w:s {J1ll:< ~ -,. 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"" -{'-<'~ \_:...1 ~.....l -c- '" .(' ill Q & <(~tU" i-illY' ill ~~.....l"/ > ,..j ~~:f. <;Q~~ ~tU 3: .Q.: :> :> u}..{ Il\ :J ~ > ~ ...,) ~.lS ~ . I -.j ".., > , '.:l 't--'-' '-'w T.~ . ~~..j~:b:1:) ~,~ UJ f >'" '-_1.:_ ~II~~T ............"'-..r ~lRl ~I ~I >1- V\ . :J~ ~ ..0;8 p:.. .IG~ I~ ~.~ [' ::; ~ <;J. cl.:~ 13 t ~, ~.~ lri ~ I.I!!~. ,f).<l; 8 ~8~ ~I ~ 3! II) ID, ~I~I~, ilil ~'cj,0. s ~:;, k-, 0:: :-g. . ...... 0) lll.~' ,W f-, ..!)' D/.... < ?~~ I.!. . \--- !~1 ~l:r~ ~ii)Q ~.~ ~ o<:'tY: ~8<t V)~D .- >'- I.. :2::! ~ o~::> r:: -< " ~U:ili 8.8~ rxCY'1-. - \J (4.~ <t. <, lil~ ~, - (5.--1 \J I II .{i -* :; tl.1 \11 ':\'.:c- -3 -> ~~ --J () ';Y.w I--'i "" \c- ~~ u.J -{l(l I;)~ \'\.J C;',) sy.....l Q.~ . ~ ~n , ul~ ~...> ~G ~-~ -:J -;_ ~...l 1--7' {IS Q,J. ~,.... C:lX n .J ..... Cl CJ <;y_..! ~~ . ( , I ' I 1 1..,. " ... , , \. ') ,. ( /, )' , ( ';J 1m J )\i lj..j.J '...~ (i I , i , I Jo: . tt ! , ' , I I' , 'il:I' . i , \ ... c. l') l') l') c:J . T ~ \.- .J ~. . ~-)- ../ 1-'- -<- --,J \ll~ .....l.( \-". . ",""" ..J.J. . .' ~ , . . ~ ~ < . qJ l&J .z '- ~r<l 'J.: Q 2 Cl _ ~.\ ,~ 1'1_ -.:J ,3 ~ Z 1:: -s:.} Cl 3 -,'j' UJ .!) ~~;W :{ Ul ...~ C ~ :;}: A ,,-- Z (j) . -..J...};:O 0. . . a: ~ ~ ..~..;. EXHIBIT NO., G . \~\ A . . . Tiburon Town Code Chapter] 6: Zoning SUBCHAPTER 4: ZONING PERMITS 4.02.06. Planning Director as Acting Body on Applications for Minor Altcrations. Site Plan & Architectural Review applications for the following items are considered to be Minor Alterations and may hc acted upon by the Planning Director or his designee in lieu of the Design Review Board: a. Residential additions less than 500 square feet in floor area. b. Accessory buildings or structures less than 500 square feet in floor area. c. Fences, walls, and/or retaining walls. d. Minor exterior alterations such as windows, dccks, skylights, solar panels, satellite dishes, and similar items as determined by the Planning Director. e. Re-roofs. f. Swimming pools. g. Spas. h. Modifications .to approved Site Plan & Architectural Review permits when determined to be minor in nature. I. Other applications which the Planning Director determines to be appropriate for Staff action. The Planning Director may refer any application to the Design Review Board for action. 4.02.07. Guiding Principles in the Review of Applications. Tn reviewing applications for Site Plan.& Architcctural Review, the acting body shall consider the following principles as they may apply: (a) Site Plan Adequacy. Properrelation of a project to its' site, including that it promotes orderly development of the community, provides safe and reasonable access, and will not be detrimental to the public health, safety, and general welfare. (b) Site Layout in Relation to Adjoining Sites. The location of proposed improvements on the site in relation to the location of improvements on adjoining sites, with particular attention to view considerations, privacy, adequacy of light and air, and topographic or other constraints on development. imposed by particular site conditions; (c) NeighborhoodCharacter. The height, size, and/or bulk of the proposed project bcar a reasonable relationship to the character of existing buildings in the vicinity. A good relationship' of a building to its surroundings is important. For example, in neighborhoods consisting primarily of one-story homes, second-story additions shall be discouraged, or permitted with increa~ed setbacks or other desib'TI features to . minimize the intrusion on the neighborhood. Tiburon Zoning Ordinance Amended through Ordinance No. 475 N.S. 7/18/2003 Page 97 EXHIBIT NO. 7 \~2- Tiburon Town Code Chapter 16: Zoning SUBCHAPTER 4: ZONING PERMITS . (d) Floor Area Ratio. The relationship between the size and scale of improvements and the size of the property on which the improvements are proposed. This concept is known a<; "floor area ratio" (see Section 4.02.08 below). (e) Grading & Tree Removal. The extent to which the site plan reasonably minimizes grading and/or removal of trees, significant vegetation, or othcrnatural features of the site such as rock outcroppings or watercourses. (f) Compatibility of Architectural Style and Exterior Finish. The architectural style and exterior finish are harmonious with existing development in the vicinity and will not be in stark contrast with its surroundings. (g) (h) Landscaping. Proposed landscaping, insofar as it is used appropriately to prevent erosion; to protect the privacy of adjoining sites; and to mitigate the visual and noise impacts of the proposed development. Applicants are encouraged to use native and drought-resistant landscaping. . Proposed landscaping shall he used which will at maturity minimize primary view obstruction from other buildings. A cash deposit or other monetary security may be required to ensure the installation and/or maintenance for a one year period of any and all landscaping. . Lighting. Proposed lighting, insofar a~ it should not invade the privacy of other properties, or produce glare or light pollution; yet provide adequate illumination for safety andsecurity purposes. The acting body may impose a condition that f(lllowing issuance of a.certificate of occupancy or final buildinginspection, all exterior lighting shall be subject to a 3D-day light level reviewby the Planning Department 10 ensure conformance with this guideline. (i) . Overall Propertylmprovement. In order to allow the gradual upgrading of existing development it may be required that improvements to existing buildings and the site , as a whole be made. The review of applications for additions or modifications to existing development may include conditions requiring changes and/or modifications to existing buildings and site improvements for the entire property. (j) Appropriate Use o.f'Building Envelope. In Planned Residential (RPD and RMP) zones, building envelopes are generally intended to provide a larger-than-needed area for flexibility in the appropriate siting of a main structure and its accessory structures. The building envelope should not be interpreted as an area intended 10 be "filled" by a main structure and its accessory structures. Tihuron Zoning Ordinance Amended through Ordinance No. 475 N.S. 7118/2003 Page 98 . EXHIBIT NO. 1 2cP- 2- . . . February 12, 2004 Tiburon Town Council 1505 Tiburon Boulevard Tiburon, CA 94920 --~. .-"'J" 1!3lJ::, ".;;'"\~I1I-\L.i tf"tt ~bm ~o_&' ~',7:' ,) '\,,1" ,to... . Re: Cusack's proposed new homc at 4 Cazadero Lane, Tiburon ~"B 1 7. O"~r, 1"'1...', ....i ...UiJ'-1 To thc Members ofthe Tiburon Town Council: .....,.. '" f'~-I'" lOWN Mi\l'l.c..l.:.a::f\.) ,):-,- "''- TDWII 0, liGUnDl1 We write to express our wholehearted support for the Cusack's proposed new home at 4 Cazadero Lane. Their property is adjacent to our property at 1792 Vistazo West Street, and we have a full view oftheir Drooert". Ever since we purchascd our home, the existing buildings on the 4 Cazadero site have been abandoned and run down. Similarly the foliage has grown wild with no noticeable cvidcnce of care, We welcome the building of a new home on the property, particularly one that is as aesthetically pleasing as the Cusacks propose. Very early in the process, the Cusacks personally came to our home and speni several hours reviewing the plans with us. We were impressed that they went to such f,'I"eatlengths to keep us informed even though their proposed home was going to have little lmpact on us as our property is much higher on the hillside (we look straight over their roofline). They told us that they had already had similar meetings with all their Cazadero neighbors as well. In reVIewing their plans it was abundantly clear that their proposed home was thoughtfully. designed to address the neighbors' major issues with regard to their views. We have seen the Cusacks demonstrate a considerable amount of flexibility and accommodation in this process. Accordingly, we were not surpnsed when the Design Review Board approved this project at its first meeting. We understand that one neighbor is now suggesting that the Cusacks alter the plans so that the top of the house has a flat f,'Tavel roof. As it is, we already have a full view of three houses with flat gravel roofs. This is a truly ugly sea of gravel, and we would strenously object to looking at more of this on the Cusack's house. We are delighted by the existing plans and believe that the existing roofline is "easy on the eye".. We would be at this Town Council mecting to express our support in person, however Chris will be in New Zealand and I will be attending a Reed School Financial StrategIes Committee meeting. Please know that we are 100% supportive of the Cusack's proposed home, and we respectfully encourage you allow it to proceed unchanged. Si~~cly, 0 C)U0(5 ~~-C9V!l---lCf(~~ Chris and~corinne Seton 1792 Vistazo West Street Tiburon, CA 94920 (415)435-4296 EXHIBIT NO. 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