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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
APRIL 1, 1998
7:30 P.M.
7:00 P.M.
PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of
view, members of the audience should:
(1) lWIays Address the Chair; (2) State Name and Address; (3) State Views SuccinctJy; (4) Umn Presentations to 3 minutes; (5) Speak
Directly into Microphone.
TIBURON REDEVELOPMENT AGENCY
A. ROLL CALL
B. BUSINESS MEETING
I) HILARITA-TIBURON ECUMENICAL ASSOCIATION - (Request for Grant to fund a
portion of Construction Costs for New Community Room and Computer Learning Center)
C. ADJOURNMENT
TIBURON TOWN COUNCIL
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC QUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda, other
than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at
the time it is called Presentations are limited to three (3) minutes. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting
agenda.
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
I) BELVEDERE/TIBURONLIBRARY AGENCY - (Annual Report)
E. CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do not require discussion and
which will probably be approved by one motion unless separate action is required on a particular item. Any
member of the Town Council, Town Staff, or the Public may request removal of an item for discussion.
2) TOWN COUNCIL MINUTES - #1134, March 4, 1998 - (Adopt)
3) MONTHLY POLICE STATISTICS - February, 1998 - (Accept)
4) AMlCUSREQUEST: Santa Monica Beach Ltd V. Superior Court, Supreme Court Case No.
S082924 - (Approve)
F. NEW BUSINESS
5) MARIN COUNTY SALES TAX MEASURE - PROPOSAL FOR NOVEMBER, 1998
ELECTION - (presentation by Marin County Assistant Planning Director Carol Williams)
6) REQUEST FOR ENCROACHMENT PERMIT ALLOWING NEW GARAGE IN ROAD
RIGHT-OF-WAY - 2440 Spanish Trail Road, Michael J. Martin, Applicant - (Execution of
Agreement with Applicant)
G. PUBLIC HEARING
7) PREZONING OF APPROXIMATELY 30 ACRES OF LAND ALONG THE WESTERN
BOUNDARY OF TIBURON COMPRISED OF THE CYPRESS HOLLOW SUBDMSION
AND THE RANCHO DR1VE/BARN ROAD AREA, FILE R-98-02: Assessor Parcel Nos.
34-012-38,40,54,56, 57,61; 34-201-02,03; 34-202-01 through 12; 34-203-01 through 20;
34-392-02 through 10; 34-393-01 through 11; 34-394-01 through 18; 34-395-01 through 05.
(Ordinance - Second Reading & Adoption)
8) PRECISE DEVELOPMENT PLAN AMENDMENT - To relocate building envelope on
undeveloped lot at 94 Via Los Altos by approximately 35 feet to the North; AP#34-330-27;
Lisa and Leonard Gray, Applicants - (Resolution)
9) PRECISE DEVELOPMENT PLAN AMENDMENT - To expand building envelope for
property located at 31 Gilmartin Drive; AP#55-253-l2; Lawrence Lang/HuiChi Liu,
Applicants - (Resolution)
H. UNFINISHED BUSINESS
10) UTILITY UNDERGROUNDING REQUIREMENTS FOR RE-MODEL PROJECTS -
(Consideration of Change to Town Policy with regard to formation of Assessment Districts)
I. COMMUNICA nONS
II) REDWOOD lllGH SCH00L1998 GRAD NIGHT - (Letter from Committee Chairperson
Colleen Williams, dated March 6, 1998)
12) NEIGHBORHOOD EMERGENCY RESPONSE TEAM (NERT) ORIENTATION FOR
LOCAL OFFICIALS - (Memorandum from Belvedere City Manager, dated March 17, 1998)
13) mSTORIC DISTRICT WORKSHOP DATES - (Memo from Heritage & Arts Commission,
dated March 26, 1998)
J. STAFF & TOWN MANAGER REPORTS
14) VACANT LAND INVENTORY UPDATE - (planning Director)
K. ADJOURNMENT
FutureAtlenda Items
- Proposed Soccer Field at Blackie's Paslw"e - (April 15)
-- "We are a Carpool School" Presentation - (April 15)
-- Presentation of 3rd Annual Heritage Preservation Award - May 20
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
DATE OF MEETING:
Aoril 1. 1998
No. 7-1998
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a
Closed Session. More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LABOR NEGOTIATOR - (Section 54957.6)
Agency Negotiator:
Robert Kleinert
A.
Employee Organization:
MAPE (Marin Association of Public
Employees)
B.
Employee Organization:
TPA (Tiburon Police Association)
c.
Unrepresented Employee:
Town Attorney
Tiburon Redevelopment Agency
Staff Report
Meeting:
April 1, 1998 Item: RDA # !
AGENCY BOARD OF DIRECTORS
RICHARD STRANZL, FINANCE DIRECTOR
HlLARITA-TffiURON ECUMENICAL ASSOCIATION - Request for Grant
from Tiburon Redevelopment Agency to fund a portion of construction costs for
new Community Room and Computer Learning Center
To:
From:
Subject:
BACKGROUND
This item is for Board of Directors consideration ofa request of the Hilarita-Tiburon Ecumenical
Association (TEA) that the Tiburon Redevelopment Agency fund a share of the construction cost
associated with the new Hilarita Community Room and Computer Learning Center. TEA
estimates a total project cost of $23 1,744, and has secured $201,744 in funding commitments:
from the Marin Community Foundation ($165,000), from the Community Development Block
Grant Program ($20,000, request pending), and TEA proposes to use $16,744 of their own
resources in support of the project. TEA requests that the Agency grant $30,000 in support of the
project: These funds would be appropriated from the Agency's Housing Set-Aside Funds.
DISCUSSION
The proposed TEA-Hilarita project is an appropriate use of Housing Set-Aside monies. In recent
years Housing Set-Aside resources have been used in support of the following affordable housing
projects: EAHlCecilia Place Senior Housing ($1,097,000), the Ned's Way Senior Housing Project
($25,000), and the Hilarita- TEA Renovation & Repairs Project (a net total of about $158,000, the
Agency was repaid approximately $60,000).
A grant of these monies depends upon current project priorities of the Agency. The Agency is
currently finalizing documents and taking steps to purchase Town-owned property at Ned's Way,
for the purposes of supporting a private development of a senior housing project that includes
affordable housing units. The acquisition of the site requires that the Agency pay to the Town
$1.4 Million. In January 1998, Staff reported to the Board that approximately $400,000 of
Agency monies would be utilized, and other Town Restricted Funds would be loaned to the
Agency to complete the sale and purchase of the property. Subsequent repayment of borrowed
funds would occur when the Agency sells the property to the private developer. Agency funds will
be used to support affordable housing units of the proposed project.
At this time the Housing Set-Aside Fund has nearly $485,000 in available resources, and later this
month, the Agency expects to receive from EAHlCecilia Place a repayment of$75,000 of monies
borrowed for construction improvement purposes. Also, in July 1998, approximately $85,000 in
tax revenue is due to the Fund. Including estimated proceeds of the impending EAHlCecilia Place
repayment, the Fund will have sufficient current resources to consider granting this request.
Hilarita- TEA Project Funding Proposal
Meeting of April 1, 1998
RECOMMENDATION
The Housing Set-Aside Fund has resources in excess of earlier (January 1998) projections, and it
appears that there are sufficient resources to grant the requested amount. TEA has secured
commitments to fund $201,744 (or 87%) of the needed/required $231,744. Staff recommends
that the Board approve TEA's request for $30,000 to fund a portion of the construction cost of
the Hilarita Community Room/Computer Learning Center Project.
A Final Note - The Community Development Block Grant Program will be meeting in the days
immediately preceding our scheduled RDA meeting, and will be notifying TEA of the status of
their grant request for $20,001} which amount is referred to above.
ATTACHMENTS
1. Hilarita- Tiburon Ecumenical Association Grant Request, dated March 2, 1998
2. Redevelopment Agency Staff Report, Meeting ofJanuary 7, 1998
R. Stranz1, Finance Director
March 27, 1998
Hilarita- TEA Project FWlCling Proposal
Meeting of April 1, 1998
2
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HiIarita-Tiburon EcumenicaI Association
~oo Ned's Way
Tiburon, CA 94920
March 2, 1998
RECEIVED
MAR - 3 1998
Harry Matthews, Mayor
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
TOWN MANAGERS O~~ICE
TOWN OF TlBURON
Dear Mayor and Councilmembers:
As soon as possible would you please place on the agenda for a
Town Council meeting a request for a $30,000 grant from the
Tiburon Redevelopment Agency Housing set-Aside Fund. The grant
would be made to The Hilarita-TEA to pay a portion of
construction costs for a new community room and computer learning
center.
Backaround
Hilarita-TEA acknowledges strong support from the Town of Tiburon
for The Hilarita over the years. Recently, in 1995, the Town
provided a generous $158,000 grant to cover a portion of
rehabilitation costs. In December and January Town staff,
Planning Commission, Design Review Committee, and Council gave us
responsive, efficient processing of our Precise Plan Amendment
and Design Review applications.
Town staff is well aware of our topographic challenges related to
making the community room, laundry, and common area bathrooms
wheelchair accessible. In response to Town requirements, we have
thoroughly studied the feasibility of making the existing
community room, laundry, and bathrooms wheelchair accessible.
Building a ramp to the existing community room and remodeling the
existing bathrooms and laundry are financially and
architecturally infeasible.
Reauest
To meet the Town's accessibility requirements and to provide
additional space for a computer learning center, Hilarita-TEA
would like to build a new, small, freestanding community
building.
A sources/Uses Development Budget and the contractor's most
recent cost estimate are attached. Funds from the Marin
Community Foundation are committed. Our CDBG request will be
considered at the March 11 Richardson Bay Planning Area hearing.
EXHIBIT NO.
We hope to submit for Town plan check in mid March and start
construction in May, before construction costs further increase.
We hope the Town can provide this $30,000 to help us pull
together funds for this building. Although the building is
simple in design, small buildings are always more costly on a per
square foot basis. In addition, due to expansive soils, we must
use an expensive mat foundation.
During hearings for Precise Plan Amendment and Design Review, we
heard comments from public officials supporting the addition of
accessible community space and computer learning center. We
believe this grant would be an appropriate use of your
Redevelopment Agency Housing set-Aside funds. The new building
will improve Tiburon's supply of affordable housing. It makes
Tiburon's major affordable housing resource more accessible to
persons with mobility impairments. It also provides space for
residents to improve computer literacy and upgrade academic and
job skills.
If you or Town staff have any questions, would you please call
our representative, Katie Crecelius at 892-9706.
Thank you for your consideration.
Sincerely,
c1+~
Carolyn Attkisson, President
Hilarita-Tiburon Ecumenical Association
cc Robert Kleinert
Hank Bruce
enclosures
Hilarita Comunity Building
SOURCES AND USES
SOURCES
Marin Community Foundation
165000
Town of Tiburon
30000
CDBG
20000
Hilarita-TEA
16744
TOTAL SOURCES
231744
USES
Construction Contract
(1185 sq. ft. at $135)
176294
Contingency (hard and soft)
12000
Architect
24525
Consultant (Project Manager)
7500
Soils Engineer
4500
Misc. Soft Costs
925
Utility Fees
6000
TOTAL USES
231744
February 26, 1998
~
G T CONSTRUCTION COMPANY
GENERAL BUILDING CONTRACTOR
434 NORTH CANAL #15
SOUTH SAN FRANCISCO, CA 94080
(415) 589-0732
(415) 589-0733
COST BREAKDOWN
Revised Estimate (2-23-98)
STATE LIC
NO.551927
Project: Computer and Community Resource Building for the Hilarita Apartments
I. Mobilization:
2. Demolition of the existing fence and concrete curb:
3. Control lines and bench mark
4. Excavation:
5. Compaction:
6. Drain gravel/sand/vapor barrier
7. Foundation/Slab on grade
8. Concrete paving:
9. Framing: (Rough Carpentry)
10. Shear Wall (add to the bid set drawing)
11. Insulation:
12. Sheetrock
13. Painting:
14. Case work (no built-in desk, no cabinet, one coffee
countertop, one pole with 2 fixed shelves):
15 Finish carpentry:
16. Door/hardware
17 Window (By Rylock)
18. Plumbing:
19. Electrical (light fixtures/lamps by the optional B and H)
20. Mechanical:
21. Fire sprinkler:
22. Planting/irrigation (repair work)
23 Flooring:
24. Roof
25 Sheetmetal: (flashing, gutters and downspout)
26. Siding:
27. Rolling doors: (Substituted by the '!.." plywood panel)
28 Blinds:
29. Toilet accessories:
30 Fence (simply modify the existing fence only)
31. Marlite FRP: (By Repcold Distributor)
32. Signage
$ 1,50000
$ 1,180.00
$ 1,300.00
$ 4,30000
$ 500.00
$ 950.00
$ 9,80000
$ 3,34000
$43,300.00
$ 1,200.00
$ 2,50000
$ 9,700.00
$ 7,000.00
$ 900.00
$ 1,000.00
$ 5,700.00
$ 5,00000
$12,300.00
$11,021.00
$ 9,70000
$ 4,000.00
$ 1,00000
$ 4,000.00
$ 5,500.00
$ 1,60000
$ 8,000.00
$ 1,700.00
$ 1,000.00
$ 500.00
$ 250.00
$ 1,200.00
$ 500.00
33. Subtotal:
5% administration/overhead
$161,441.00
$ 8.072.00
$169,513.00
$ 6.781.00
$176,294.00
4% profit
. 34. Total:
35. This proposal is based on the pricing set drawing plan dated 11-18-97 and structural
engineer's revised sketch (foundation and slab on grade, Jeff's letter dated 2-19-98)
36. Conditions:
(a) This proposal is only a tentative proposal and is subject to the complete
structural drawings for the foundation and framing from the structural
engineer.
(b) The fire sprinkler system is only limited to a domestic fire sprinkler system
operating off the building water line.
(c) Contractor only install conduits for the telephone and computer system, total 4
combined J-boxes (% inch conduit), 24 inch above finish floor.
(d) No fire alarm work.
( e) Owner provides electricityiwater/restrooms during construction.
(t) Owner pays for the building permit fe~.
37. Not in contract work:
(a) Electrical roll down project screen.
(b) All washers and dryers.
(c) Key card equipment.
Thank you.
Sincerely yours,
~
George Tu
Manager
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TIBURON REDEVELOPMENT AGENCY~~{
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STAFF REpORT
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To:
From:
Subject:
ITEM NO.
MEETING DATE: 1/7/98
REDEVELOPMENT AGENCY
SCOTT ANDERSON, PLANNING DIRECTOR ~
1155 TIBURONBOULEVARD: PURCHASE OF 1.51 ACRES OF TOWN-
OWNED PROPERTY BY TIBURONREDEVELOPMENT AGENCY FOR
PURPOSES OF PRIVATE DEVELOPMENT OF A SENIOR HOUSING
PROJECT CONTAINING AFFORDABLE HOUSING UNITS; ASSESSOR
PARCEL NO. 58-151-23 (portion)
DECEMBER 19, 1997
Date:
BACKGROUND
This item was continued from the Agency meeting of December 3, 1997, in order to finalize
revisions to the draft Purchase and Sale Agreement requested by Boardmember Gram. The
revisions have been made and the item comes back to the Board for final action.
The draft Resolution approving execution of the Purchase and Sale Agreement, and the
Agreement itself,. are attac~ed as Exhibit 1.
In order to fund the purchase, the Tiburon Redevelopment Agency will borrow from the Town of
Tiburon's Affordable Housing In-lieu Fund approximately $650,000. The Agency will also
expend its approximately $400,000 in housing set-aside monies, and will provide the Town with a
note for the balance of the purchase monies based upon a known revenue stream from future
housing set-aside monies. It would take approximately 2 to 3 years to pay off the note, unless, as
expected, the Agency sells the property to a private developer in the next 12-18 months, in which
case the note (and the in-lieu funds) would be paid back at that time.
RECOMMENDATION
That the Board adopt the Resolution approving the execution of the Purchase and Sale
Agreement, and agreeing to the loan from the Town's In-lieu Housing Fund.
EXHIBITS
1. Draft Resolution and Draft Purchase and Sale Agreement.
2. Drawing showing property to be purchased. '=>tt\pursale.rpt
Tiburon Redevelopment Agency
Staff Report
1/7/98
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Belvedere- Tiburonl1bmry Agency
Memo
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RECEIVED
MAR 1 7 1998
TOWN MANAGERS OFFICE
TOWN OF TlBURON
Date:
3/17/98
From:
Ed San Diego, City Manager, Belvedere
Bob Kleinert, Town Manager, Tiburon
Sue Hileman, Chair, RUSD Board of Trustees
Carol Forell, Chair, Belvedere- Tiburon Library Agency
To:
RE:
BTLA By-laws revision
Trustee appointment process
Annual report to Boards
The Belvedere- Tiburon Library Agency recently reviewed our by-laws and made a few minor
changes (location of meetings, description of duties of officers, etc.) and I am enclosing a
revised version for your files.
As outlined in Article III. the councils of Belvedere and Tiburon each have the ultimate
responsibility for annually appointing a member to our Board and jointly approving the
recommendation made by the Reed Union School District on the selection of the "at large"
member. This year the following people's terms will expire:
Belvedere - Chuck Auerbach
Tiburon - Carol Forell
RUSD - Richard Rozen
Under the terms of Section 4, Article III, Dr. Rozen cannot be reappointed. He has been a
pivotal member of the Agency since its inception and his leadership will be greatly missed.
Mrs. Forell will be submitting her application for reappointment as Tiburon's representative
to the Agency Board next month. We assume the councils and school district will open the
application process to the public sometime in April.
The Board annually makes a report to both councils and the school board in the spring.
This year a written report by our Library Director, Deborah Mazzolini, was given to the
Belvedere Town Meeting and a similar report will be submitted to Tiburon and Reed. Please
let me know when you agendaize the report so Debbie and I can be there and help to
answer any questions that may arise. At the Reed meeting Dr. Rozen will want to share his
vision for the developing relationship between Reed and the Library.
!lllC312 CF to Bel Tib RU SO
O3I17.1l6
Page 1 of 1
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TOWN OF TIBURON
NOTICE OF PENDING VACANCY
(Town Commissions, Boards & Committees)
1998
BEL VEDERErrIBURON LIBRARY AGENCY - BOARD OF TRUSTEES
(Statutory Authority: Govt. Code Section 6500 et sea. & Jt. Powers Agreement for
BelvedereJTiburon Library.
POSITION:
TERM:
TRUSTEE
3 Years - (coinciding with fiscal year beginning July 1)
Qualifications:
Applicants should be residents of the Town ofTiburon and have the
interest, desire, and time available to serve on the Board, including
attendance at regular monthly meetings and other activities.
Due consideration was given in initial appointments to the selection of
individuals who had made significant efforts toward making the new library
a reality.
There is a pending vacancy on the Board as follows:
Appointee
Date Apvointed
Date Resilmed
Term Exvires
I)
Carol Forrell
April 19, 1995
N/A
June 30, 1998
Ms. Forrell is currently Board Chair and is seeking re-appointment as Tiburon's representative to
the Library Agency Board.
Interested residents can pick up an application at Tiburon Town Hall, 1505 Tiburon Blvd.,
Tiburon CA 94920, or by calling 435-7373.
Deadline for receiot of aoolications:
ADri130. 1998
Notice Posted at Office ofTiburon Town Clerk ond Belvederel/'iburon Library on March 26, 1998.
cc: Tiburon Town Council
The ArkIMarin Independent Journal
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Belvedere - Tiburon Library
1501 Tiburon Boulevard
Tiburon. CA 94920
415-789-2665 415-789-2650 (fax)
DATE:
TO:
FROM:
RE:
March 16, 1998
Bob Kleinert, Tiburon Town Manager
Deborah Mazzolini, Library Director
Library information
At the request of Carol Forell, Belvedere-Tiburon Library Agency
Chairperson, I am forwarding information about the Library for your annual
report. Please call me if you would like anything further or have any
questions. Thanks.
Belvedere - Tiburon library
1501 Tiburon Boulevard
Tiburon. CA 94920
415-789-2665 415-789-2650 (fax)
· The mission of the Library is to provide library services now and in the
future that will encourage and support a literate, enlightened and cultured
community. This mission will be fulfilled by providing, to the greatest
degree possible, free and equal access to knowledge, information and
ideas through the Library's resources and programs in a setting conducive
to learning.
· The fundamental charge of librarianship is the service of society through
meeting its information needs. This charge is the premise on which public
libraries were founded more than two hundred years ago. Libraries were
formed to support democracy by keeping the voter informed and giving
all citizens equal access to the resources they need to become
contributing members to society. The core areas of professional expertise
and practice that define the profession of librarians hip include:
. knowledge of information resources and organization
· understanding user needs, patterns of information use, and the
matching of user needs to information
. information technology
. It is the goal of the library to select, organize, preserve and make readily
available materials which will assist them in the pursuit of informational,
recreational, cultural, and educational needs. Service to the entire
community, present and future, is the premise of materials selection. To
meet the diverse needs, tastes and interests of all residents, materials are
selected on a wide variety of subjects, from various media, with varying
points of view, for all ages, and at different reading levels. The core and
heart of a library is its collection. The collection must be developed and
then continually maintained in order to give purpose, vitality, and
relevancy to the library as a community resource.
An efficient system olstaff, volunteers, operations, hours, technology, programs, and
. administration, enable citizens to have maximum access to and understanding of the
library's collection of literature, information, and technical resources.
Where we are today : In the first eleven months of operations the development of the
library has exceeded our own expectations.
Staff: The library has, for the first time, a Director, a full-time Reference Librarian, and a
full-time Children's Librarian. There is a staff of approximately sixteen full and part time
people now working to operate the library.
Volunteers: The library has a group of more than 150 committed, energetic volunteers
working to make the library a central, dynamic part of the community. They are working
on programming, art displays, landscaping, building concerns, collection development,
homebound and convalescent book delivery, shelving, book mending and processing,
acquisitions, technology, public training on the Internet, and emergency response
planning.
Operations and administration: The library has five departments -Reference, Circulation,
Children's, Technical Services, and Administration. All departments are focused on
bringing library information, cultural, and educational services and resources to the
community.
Technology: The library is a modern, state-of-the-art library with available technology,
hardware, software and network capability to provide information services to the
community. The technology supports the mission, charge, and goal of the library by
furthering our ability to provide access to information more ubiquitously, rapidly, and
remotely at any time. Technology includes the library's circulation, acquisitions, and
public access catalog systems, the online services, and the CD-ROM resources. Currently
we have:
. installed a T-l frame relay line and moved the old 56 kb line to the new
building
. installed a local area network connecting more than twenty patron and staff
PC workstations, multiple network attached printers, and an NT file server
. installed six public online catalog terminals
. created a Belvedere-Tiburon WEB page and domain name.
. installed a CD-ROM capacity and collection
. provided public word processing capability
. installed a local area network for office and administration
. installed multimedia access to the Founders Room
. implemented a public training program
Programs: Training, author readings, story hours, etc. all serve to increase public
understanding of the library's services and resources. In the first few months of
operations we have initiated:
In the Children's Deoartment:
. story hours for various age groups
. author presentations for children
. arts and crafts programs for children
. summer reading club in which more than 250 children participated
. books for children for parents
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. From the ProlITammimz Committee:
. local author readings and discussions
. travel slide shows and author presentations
. book discussions
. suggested summer reading luncheon
· docent presentations associated with Bay area museums
The Future: The pursuit of excellence in library service is a moving target.
When achieved, it must be continually maintained. Our goals are to :
· support and maintain a commitment to collection development in
order to insure the long term viability of the library as a resource to
the commwrity
· increase service hours
· increase technology resources, stations, and functionality to
maintain a state-of-the-art facility
. develop and maintain a staff trained in current library processes
and information management
. manage and maintain the physical facility and grounds to the
highest standards
. maintain the current high-level of volunteer participation and
interest in the library
. increase library cultural, educational, and technology training
programs
. provide and maintain excellent public service through
understanding of the needs of the commwrity, providing a venue
for public input into library service priorities
Librarv Statistics
The library has been open for eleven months. The first anniversary will be April 13, 1998.
Circulation: During the first ten months of operating in the new building circulation has
increased by 62%, with the largest increase in the Children's Department at 132%.
Collection Development: More than 9,000 new titles have been added to the collection.
The Internet training volunteers, called the Netsharks, have provided one-on-one training
to more than 400 library patrons.
Since April, 1997 more than 2,600 new library cards have been issued, bringing the total
of residents in the 94920 zip code with library cards to more than 8,500.
In January, approximately 1,350 reference queries were made by library patrons at the
Reference Desk.
The Library has 75 in-house volunteers and other members of the community serving on
various committees, including the Bookmarks, Rarebooks, Program Committee.
Belvedere-Tiburon Library Agency, Peninsula Library Foundation, Art Committee,
Landscape Committee, Endowment Committee, Homebound Delivery Program, Book
Sale Coordinators, etc.
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TOWN COUNCIL
MINUTES
D~
'(4FT
A. INTERVIEWS - (Current Vacancies - Design Review Board)
I) A. DEAN DIETRICH - 6:45 p.m.
B. KRISTEN ROTHE - 6:30 p.m.
Council conducted the interviews prior to the Closed Session at 7:00 p.m.
CALL TO ORDER
Mayor Matthews called the regular meeting of the Town Council of the town of Tiburon to order
at 7:34 p.m. on Wednesday, March 4, 1998, at Town Hall Council Chambers, 1505 Tiburon
Boulevard, Tiburon, California.
B. ROLL CALL
PRESENT COUNCILMEMBERS:
Bach, Gram, Hennessy, Thompson, Matthews
EX OFFICIO:
Town Manager Kleinert, Town Attorney Danforth,
Planning Director Anderson, Building Official
Bloomquist, Town Engineer Barmand, Town Clerk
Crane
C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
Mayor Matthews said that no action was taken in closed session.
D. PUBLIC OUESTIONS AND COMMENTS
Don Batten, video historian and "man about Town," thanked the Council, Town Staff, Police and
Fire Departments for their excellent work on the Jonny Moseley Celebration Parade. Batten said
it was the most enjoyable assignment he had ever had, including all the time he worked for
ChannelS News.
Mr. Batten presented a gold medal to Mayor Matthews. Town Manager Kleinert acknowledged
Joan Miranda, Romney Fennel and John Kern for their work on the Parade, and said a letter
would go out thanking all the volunteers.
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
None
F. APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES
2) A. PARKS & OPEN SPACE COMMISSION - (Two expiring terms/l Special Vacancy)
B. HERITAGE & ARTS COMMISSION - (Three expiring terms)
C. DESIGN REVIEW BOARD - (One Special Vacancy)
D. JT. RECREATION COMMITTEE - (Current Vacancy)
Moved to end of meeting.
Town CounciL Minutes #1134
March 4, 1998
Page 1
G. CONSENT CALENDAR
3) AUTHORIZE EXECUTION OF GRANT DEED FOR SALE OF 1.51 ACRES OF
TOWN-OWNED PROPERTY TO THE TIBURON REDEVELOPMENT AGENCY -
(Adopt Resolution)
4) MONTHLY POLICE STATISTICS - January 1998 - (Accept)
MOTION:
Moved:
Vote:
To Adopt Consent Calendar.
Hennessy, Seconded by Thompson
AYES: Unanimous
H. UNFINISHED BUSINESS
None.
I. NEW BUSINESS
5) UNDERGROUNDING OF UTILITIES - Policy Regarding Request for Waivers.
Building Official Bloomquist said the Town's current policy required undergrounding of power
and communication lines concurrent with remodel permits and when service needed to be
relocated and sized up. He said that people often request a waiver of this requirement since it
tends to be expensive. Bloomquist said he thought it appropriate for the Council to review the
policy at this time.
Town Manager Kleinert said the policy had been in place since the 1970's. Referring to the
Building Official's previous remarks about cost, he said a case in point was the subject of
tonight's hearing, in which a homeowner was going to spend approximately $7500 on a remodel
project and would have to spend an additional $7500 on undergrounding.
Councilmember Thompson echoed these remarks and said it some instances a homeowner would
not make necessary upgrades to old wiring in order to avoid the additional costs of
undergrounding.
Thompson posed the question of requiring the entire neighborhood to underground its utilities
and thereby share the cost. In addition, he asked whether a homeowner could be required to
underground at a later date if a waiver was granted at the time of a remodel project.
Town Attorney Danforth said there could perhaps be a condition of approval to later participate
in an undergrounding assessment district, but said the concept needed further research.
Town Manager Kleinert pointed out that the Town's requirement for undergrounding being
discussed tonight referred only to the hook-up from the house to the street, which cost was borne
by the homeowners in assessment districts anyway.
Councilmember Gram suggested rewriting the ordinance to calibrate the undergrounding
requirement to the value of the remodel project or to a percentage of the value of the home.
Town Council Minutes #1134
March 4, 1998
Page 2
Building Official Bloomquist said the cost factor was only one of the criteria taken into account in
the current interpretation of the policy.
Bloomquist expressed his support of the idea to defer undergrounding until it became a benefit to
the entire neighborhood, as did Councilmember Hennessy and Vice Mayor Bach.
John Kern, Stewart Drive, said the Town Council had unanimously adopted a resolution in the
past which supported State law for required undergrounding of utilities in all new developments
and set-aside funds for undergrounding in older areas.
Kern said the purpose of under grounding was for safety, reliability of power, and to eliminate
visual pollution. He asked Council not to go against the adopted policy.
Council directed Building Official Bloomquist to continue to handle requests for waivers on a
case by case basis until any change was made to the policy. Councilmember Hennessy said a
homeowner could still appeal a decision to the Town Council.
Item continued pending further research.
J. PUBLIC HEARING
6) APPEAL OF BUILDING OFFICIAL DECISION RE: Requirement to Underground
Utilities for Remodeling Project at 2340 Paradise Drive - JeffTeather, Applicant.
Building Official Bloomquist said he had denied the request for a waiver in this instance because
the house was located in a "view area," one of the four criteria used by the Town in determining
whether to require undergrounding. He said that some of the houses had already undergrounded
their utilities in that neighborhood, but he acknowledged that the cost, in this instance, was high,
approximately 32% of the total cost ofMi:. Teather's project.
Councilmember Gram asked Bloomquist how he assessed the cost factor. Bloomquist said he
would consider a waiver if the cost went beyond 15 or 20%, and also whether the service needed
upgrading. However, he said he would not grant a waiver based on the cost factor [or anyone
factor] alone.
Councilmember Hennessy asked if disruption of the neighborhood [narrow streets] by
construction equipment had been taken into consideration. Bloomquist replied that there was
little traffic in the [2340 Paradise Drive] area and that narrow streets were a problem everywhere
in Tiburon.
During public hearing, Mi:. Teather said he did not object to the Building Official's report,
however, he had concerns and objections to undergrounding because his was such a simple job.
T eather said that no exterior work was being done, merely the installation of a new kitchen,
bathroom, floors, doors and paint. No floor space was being added or walls removed.
Tawn Council Minutes #113./
March 4, 1998
Page 3
- --.---1'""-""-"---
Even though the circuit breakers were being replaced because they were 30-35 years old, Mr.
Teather said the required undergrounding of the utilities was unfair because the electrical services
themselves were not being upgraded and the power usage would actually be less because of the
installation of new appliances.
Mr. Teather said that the utility poles in his neighborhood were full, and that of 48 homes, 75%
had overhead service. He said the road was very old and there might be an undermining hazard if
it was trenched. Teather also referred to a memo from [former] Building Official Hanna which
suggested requiring undergrounding of utilities only with major additions and re-model projects.
Mr. Teather said at the time he applied for his permit no mention was made of under grounding of
utilities, so it was very hard to budget the cost of the project. He said this point was also made in
Hanna's memo. He suggested that the entire process needed improvement, and said that
requiring undergrounding on an individual basis was counterproductive, disruptive and unfair.
In response to a question from Councilmember Hennessy, Mr. Teather said he would be willing to
underground at a later date, or to join a neighborhood assessment district, if requested. He said
he had benefitted from others who had put their utilities underground.
Vice Mayor Bach said the Town's policy does the community a disservice in that it acts as a
deterrent to people who want to upgrade the wiring in older homes but do not want to incur the
additional cost of undergrounding. There were further problems, according to Bach, in that the
streets never seem to be repaired properly after trenching which causes them to break up faster.
Councilmember Thompson concurred but said the current policy was supposed to be one of
attrition [of the power lines]. However, he said that time has shown "we're winning little battles
but not making any headway," with undergrounding overall. Thompson favored the idea of
requiring an assessment district in an area when the remodel projects reached a "critical mass."
Councilmember Hennessy said the requirement needed to be proportioned to the cost of the
project. She also recommended that upgrading of electrical service be excluded from the
underground requirements.
Councilmember Gram said he favored using only one criteria [cost] as a way to waive the
requirement, but said more information was needed before the policy could be changed.
Gram said the Town should continue to be a strong advocate of undergrounding utilities.
MOTION:
To grant the Request for Waiver of Under grounding Requirement for
Applicant/Appellant JeffTeather on the basis that it was too costly and disruptive
to the neighborhood.
Hennessy, Seconded by Thompson
AYES: Unanimous
Moved:
Vote:
Town Council Minutes #1134
March 4, 1998
Page 4
K. COMMUNICA nONS
7) SPECIAL PERMIT APPLICATION FOR USE OF MCKEGNEY GREEN - Application
by American Cancer Society - August I, 1998 - "Relay for Life."
Council denied the application on the basis that it would be too disruptive to have parking in the
adjoining neighborhoods, and that it would tie up the public space all day. Further, Council said
they favored only renting the area for large events to local, community-based organizations.
Councilmember Thompson pointed out that the community is not a "convention center," and the
T own does not have the facilities to support such activities.
Councilmember Gram said that when It. Recreation managed McKegney Green and the
surrounding areas, they ensured that all three portions (the Green, Blackie's Pasture, South of the
Knoll Park) were not all tied up at once. He said it would be excessive to tie up the area for [the
requested] 13 hours.
Both Councilmember Gram and Vice Mayor said further research should be done as to the
Town's acceptance of State funds to maintain the Green and how that would affect the Town's
policy on rental/use of the Green.
8) DOWNTOWN MAIN STREET PARKING & SIGNAGE - Letter from Chamber of
Commerce President Steve Sears, dated February 18, 1998.
Town Manager Kleinert said the merchants had expressed their concerns and that the Chamber
now recommended leaving the one-hour parking limitation on Main Street, and to allow double-
parking [for deliveries] between 6:30 and II :00 a.m. with no deliveries after II :00 a.m. Kleinert
said they also recommended designating the space in front of Guaymas Restaurant for delivery
and drop-off only. In short, Kleinert said the recommendation was to leave the status quo.
Council member Hennessy said the Traffic Committee recommendations were brought about for
the purpose of safety and to start an eventual change to the traffic patterns on Main Street. She
said she continued to think it was important to eliminate parking on Main Street in the morning.
Councilmember Thompson concurred, but suggested allowing parking beginning at 10:00 a.m.,
and to allow deliveries before 10:00 a.m.
Vice Mayor Bach said perhaps a sticker program could be instituted whereby merchants who
bring in their supplies by car could also park in the early morning. Bach did not think 10:00 a.m.
parking allowed enough time for deliveries.
Town Attorney Danforth pointed out that an endorsement of double-parking violated State Law
and asked that the Council be clear about allowing parking and/or deliveries, but not double-
parking.
Town Council Minutes #1134
March 4, 1998
Page 5
Town Engineer Barmand said the Town must address loading and unloading issues as long as
there is public parking on Main Street. Barmand said the Traffic Safety Committee had made
their recommendations based on safety issues, but said that they served a double-purpose as a trial
period for reduced or no parking on Main Street. He said that most of the traffic occurred
between 7:00 and 9:00 a.m. during the commute hours.
Councilmember Thompson said this was further reason to allow parking beginning at 10:00 a.m.
Councilmember Hennessy said there was no need to limit deliveries and parking on
Saturday/Sunday.
Council asked that the item be re-agendized for further action.
9) TOWN OWNERSHIP OF UNITS AT PT. TffiURON MARSH - Letter from Board of
Directors President Jeff Kaiser, dated February 23, 1998.
Councilmember Hennessy recused herself.
Town Manager Kleinert said the letter addressed the concerns of the homeowners at Pt. Tiburon
Marsh who said their properties would be devalued by a preponderance of rental units (owned by
the Town) in their complex. Kleinert said the Town had acquired its fifth below market rate
rental unit with the intention of converting it to a very low income unit. He said the latter added
to the concern of residents there. Kleinert said the decision was made to keep the Town moving
in a positive way to meet the State and Redevelopment Agency goals for affordable (and very low
income) housing in the community.
Kleinert suggested that Council could put a cap on the number of units to be acquired at the
Marsh and/or abandon the idea of making the latest acquisition a very low income unit and
convert it to another below-market rate unit. He said Board of Directors Kaiser claimed that
Kleinert told him the Town would stop acquiring units after three or four had been purchased;
Kleinert said his recollection was that he indicated the Town would want to acquire four or five.
Planning Director Anderson said the goals discussed by the Senior Housing Advisory Committee
were to try to meet Community Redevelopment Law statutes regarding affordable housing. He
said one way to meet the requirements was to convert some of the below market rate units
(BMR's) at the Marsh to very low income, and to build four very low income units to the project
at Ned's Way.
Town Manger Kleinert said the market rate home buyers at Pt. Tiburon Marsh were told there
were 20 below market rate units in their complex, but they were never told that any of these
would be rentals or very low income units. He said of the 34 total units, 20 are below market rate
units, and the Town now owns five of the 20 BMR's, four of which it rents out to public agency
employees.
During public comment, Terry Hennessy, 7 Marsh Road, said that of the 14 market rate units at
Town Council Minutes #1134
March 4, 1998
Page 6
Pt. Tiburon Marsh, approximately 50% were rented out. She said it was not fair to the property
owners to create low income housing as an additional burden, and suggested that the Town sell
some of its one-bedroom units because they were too small (at 580 square feet) to be rented by
Town employees who were mostly married or had families.
John Kern, Reed HeightslTiburon Knolls homeowner, said he was concerned at how many of the
Town's employees live in Sonoma County and said they would have extreme difficulty getting to
work in an emergency situation. He said the Council should encourage the purchase and
availability of [local] homes to Town employees matched to their salaries.
Vice Mayor Bach agreed that property values can be diminished by a high number of rental units
in a complex and cited his own experience. However, he said the Town might consider
purchasing some employee housing units at Tiburon Hill which has one, two and three-bedroom
units that sell for a lot less than [market rate] units at Pt. Tiburon Marsh.
Councilmember Thompson said the Town should look beyond rental housing for Town
employees and consider mortgage assistance and help with down payments. He asked that the
matter be agendized for future consideration.
In response to a question from Mayor Matthews, Town Manager Kleinert said that other cities
give low-interest loans for housing primarily to management employees, but said that he thought
Councilmember Thompson's idea was the best solution. He suggested established a fund with
restrictions if an employee leaves the Town, but said it would help people with the high cost of
down payments in Marin County.
Terry Hennessy commented that her [home loan] agreement with the Town said that if she left the
Town's employ before retirement, the interest rate would go up to market rate, and she would
have to vacate the unit in six months or one year.
Mayor Matthews said a problem existed in that only one Town employee lived in the [five] units
at Pt. Tiburon Marsh. Vice Mayor Bach suggested selling off some of the units and looking for
suitable Town employee housing elsewhere.
Town Manager Kleinert said some sort of committee should be formed to study these options,
and that the Finance Committee could also look at the issue.
Council concurred to put a freeze on any more purchases at Pt. Tiburon Marsh, and to not
convert the most recent unit to a very low or low income rental.
L. STAFF & TOWN MANAGER REPORTS
10) INSTALLATION OF UTILITY POLE AT MCKEGNEY GREEN - (Consider expenses).
T own Manger Kleinert said the cost of installing a pole for events at McKegney Green had risen
since the first estimate. He suggested deferring further discussion to the budget hearings at a later
date. Council concurred.
Town Council Minutes #1134
March 4, 1998
Page 7
'---"'-'''-''-'-''---~-''-'-----'-"----'----'-'--'''''''''----'
II) DOWNTOWN HISTORIC DISTRICT STUDY - (progress Report).
Planning Director Anderson said two dates had been chosen by the Heritage & Arts Commission
for workshops on the proposed historic district. He asked Council who would attend the March
23 strategy session and the April 25 public workshop.
Council asked that Chair Susan Travis make a presentation at the next Council meeting so that
Council could discuss some of their concerns about the project with her.
12) TOWN NEWSLETTER - March 1998 Edition - (progress Report).
Council decided to defer publication until the Fall.
Town Manager Kleinert asked if Council wished to revive the Homeowner AssociationITown
Council summits. Councilmember Hennessy said it was a good way for the associations to meet
one another and resolve community issues.
F. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
2) A. PARKS & OPEN SPACE COMMISSION - (Two expiring terms/one special vacancy)
B. HERITAGE & ARTS COMMISSION - (Three expiring terms)
C. DESIGN REVIEW BOARD - (One Special Vacancy)
D. JT. RECREATION COMMITTEE - (Current Vacancy)
A. MOTION:
Moved:
Vote:
To reappoint Brian Sullivan to another term on Parks & Open Space Commission.
Hennessy, seconded by Thompson
AYES: Unanimous
MOTION:
To Appoint Alice Fredericks to Parks & Open Space Commission (Ellen Rony's
expired term).
Hennessy, seconded by Bach
AYES: Unanimous
Moved:
Vote:
Council deferred making a motion to fill the special vacancy on Parks & Open Space Commission.
B. MOTION: To reappoint three members--Miller, Marques, Kline--to the Heritage & Arts
Commission.
Thompson, seconded by Hennessy
AYES: Unanimous
Moved:
Vote:
C. MOTION: To appoint Lisa Dal Gallo to the Design Review Board.
Moved: Hennessy, Seconded by Gram
Vote: AYES: Unanimous
D. No action taken.
Town Council Minutes #1134
March 4, 1998
Page 8
--~"--T..~.---
M. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Matthews adjourned the meeting at 10:00 p.m. in memory of Nicholas Forrell, sine die.
HARRY S. MATTHEWS, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
Town Council Minutes #1134
March 4,1998
Page 9
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TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
Members of the Tiburon Town Council
Peter G. Herley, Chief of Police
Statistical Overview - February, 1998
March 16, 1998
Attached is a monthly statistical overview of police activity for the month of February, 1998, and
comparative statistics for the same month last year. Also included is a brief summary of various
interesting incidents requiring police action.
Tiburon Police Department
Comparative Statistics
February 1998 - February 1997
l22.8.. lID. 1m. lID.
Part I Crimes 12 II ARRESTS
Part II Crimes lL l6..
TOTAL 29 37 Adult - Felony 2 2
Adult - Misdemeanor 3 10
Part I - Cleared 3 6 Juvenile - Felony 0 0
Part II - Cleared 1- Ji Juvenile - Misdemeanor 1- ..4.
TOTAL II 25 TOTAL 6 16
Drunk Driving Arrests 2 3
CRIMES AGAINST llRSONS
TRAFFIC COLLISIONS
Assault 2 3
Robbery 0 0 Injury 2 I
Rape 0 0 Non-Injury ..6.. ..4.
Homicide ...2... ...2... TOTAL 8 5
TOTAL 2 3
CITATIONS ISSUED
Moving 74 72
CRIMES AGAINST PRQPERTY Parking lJl ill
TOTAL 291 265
Burglary - Residential 4 0
Burglary - Commercial 0 0 ACTIVITY
Burglary - All Other 1- ...2...
TOTAL 5 0 Calls for Service 434 358
Theft - From Auto I 3 PROPERTY
Theft - Grand 2 0
Theft - Petty I 5 Property Stolen 34,253 1,366
Theft - GT A --L ...2... Property Recovered 0 305
TOTAL 5 8
--- - ------"--'-- --_. -,.-"'.--.--,--.----. _._._._._--~_.. -----.,.- -'--'--
TIBURON POLICE DEPARTMENT
MONTHLY RECAP
February 1998
During the first several weeks of February, Officers assisted citizens and public works with
flooding, mudslides, water in homes, trees & branches down, and PG & E lines down, in
the following locations: Mar West and Las Lomas; Vistazo East; Centro East; Mar West
near Sanitation Station 5; Mar West at the pumphouse; Place Moulin; Upper Main Street;
Palmer; Stoneyhill; Via Pariso; Esperanza; Beach & Tiburon Boulevard; Paseo Mirasol;
Porto Marino and Paradise Drive in several different locations. Officers placed barricades
around hazardous areas, helped divert water away from homes, cleaned storm drains,
shoveled mud, and anything else that was necessary to assist citizens and their homes to
stay safe and dry.
In a related storm incident, Officers freed a German Shepard that had become stuck in a
storm drain. Officers then stood by with the dog until the Humane Society could respond
and transport the animal to a vet.
A juvenile on Ned's Way was reported as a runaway who had possibly run away with
another girl from the Twin Cities area. Twin Cities located an address for a boyfriend of one
of the girls. Both girls were located the following day, safe.
Officers investigated a physical altercation between a couple that had been staying at the
Lodge. The victim had been choked and held down several times before she escaped the
room. Officers were unable to locate the suspect immediately, but obtained an arrest
warrant a short time later. The warrant was served at the suspect's residence in San
Anselmo, where he was taken into custody. The suspect remains in custody and awaits
trial on the charges, which could send him to prison for 25 years. (This is a three strikes
case).
Officers responded to a "man down" medical aid call, and found a juvenile unconscious
from alcohol consumption. He was transported to Marin General Hospital. Several days
later, the juvenile and his parents came to the Police Department for a counseling session
with the juvenile officer.
Officers assisted in traffic control at two car fires in one aftemoon! In the first, a BMW was
parked near a school as it had become overheated. The driver walked to her childs school
to pick up her son, walked back to find her car totally engulfed in flames! In the second fire
a resident of Hacienda Drive had been out shopping, came home and parked her jaguar
in the carport. A short time later her husband walked outside and found flames coming
from the engine compartment. Nobody was injured in either fire, but both cars were a total
loss.
A local juvenile who was wanted on a no-bail felony warrant was spotted by Officers in the
downtown area. After a short foot pursuit, the subject was apprehended and transported
to Juvenile Hall.
A teenage daughter threatening suicide was counseled by Officers, then transported to
Marin General Hospital by her mother.
A woman reported hearing noises at her downstairs window. She could see someone that
she didn't know at her window. Officers responded while dispatcher's kept the reporting
party on the line. Officers located a subject leaving the area. The woman positively
identified him as the man she saw. A pocket knife was found on the ground under her
window, and her screen was damaged. The subject was arrested for attempted burglary.
Officers investigated several other burglaries this month. On Howard Drive, a home was
entered while the family slept upstairs. Taken was a C/D player. In another, on Ned's Way,
the bedroom window was pried open, and entry was gained. Taken in this burglary was
$1500.00 cash.
Officers responded to a report of a dog attacking a deer. The dog was caught and held
until the Humane Society could respond. The deer got up and ran off, apparently not
seriously injured.
A driver reported that an impatient jogger, trying to cross the road at Tiburon Boulevard
and Stewart, stuck a sharp object out towards her car, scraping the entire length of the
vehicle. A composite of the suspect has been developed and being shown around in an
effort to identify him.
Prepared by Sgt. Judd
TOWN OF TIBURON
MEMORANDUM
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To:
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Date:
Lieutenant Tom Aiello
Sergeant David M. Hutton
February Assist Outside Agency Statistics
March 13,1998
1\
The following is an account of the Assist Outside Agency Statistics for our Department for the
month ofPebruary 1998, as requested by the Town Council. The report is divided by watch.
WATCH 1
Assist to Belvedere PD 3
Assist by Belvedere PD 3
Assist Marin County SO 1
Assist All Others 1
WATCH 2
Assist to Belvedere PD 2
Assist by Belvedere PD 2
Assist Marin County SO 0
Assist All Others 2
WATCH :\
Assist to Belvedere PD 1
Assist by Belvedere PD 3
Assist Marin County SO 5
Assist All Others 1
cc: Chief Herley
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SANTA
I!-eM #- 1
MONICA
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Rent Control
Legal Department
1685 Main Street. Room 202
POBox 2200
Santa MOnica. CA 90407-2200
(310) 458-8781
March 23, 1998
California City Attorneys and
Other Interested Parties
Re: Request for Amicus Support - California Supreme Court
Santa Monica Beach Ltd. v. Suoerior Court Supreme Court Case
No. S 082924 (47 Cal. App. 4th 120, 50 CAL. Rptr. 2d 726)
To Whom it May Concern:
As many of you are aware, the Santa Monica Rent Control Board
("SMRCB"), is the real party in interest in a pending takings matter before the
California Supreme Court entitled Santa Monica Beach Ltd. v. Superior Court
(1996) (47 Cal. App. 4th 120, 50 Cal. Rptr. 2d 726.), Supreme Court Case No. S
082824. This case has broad implications for all governmental entities involved
in land use and price regulation. Consequently, the League of California Cities
has authorized Richard Judd, Esq., of Goldfarb and Lipman to file an amicus
brief in support of the Board on behalf of any and all interested cities. We are
writing to ask that your city join in that brief being prepared by Mr. Judd. (See,
attached letter from JoAnne Speers of the League to Richard Judd)
In the guise of a Fifth Amendment taking analysis, the Court of Appeal's
published opinion in Beach resurrects the substantive due process theories of
the Lochner era under which courts struck down regulatory legislation with
which they disagreed. The Beach decision states that land use legislation may
be judicially invalidated if, in a trial, a judge determines that the legislation is
ineffective in achieving its goals or that it has undesirable collateral effects.
In the intervening year and ten months since the Court granted review in
this case, the Court of Appeal, First District, issued decisions in two cases
similar to Beach, with different results. In 152 Valpariso v. City of Cotati (1997)
56 Cal. App. 4th 378, the court reversed the trial cour:t's dismissal of a "takings"
California City Attorneys
March 17, 1998
Page 2
challenge to the Cotati rent control law on theories similar to those set forth in
Beach. The court in Valoariso echoes the reasoning in Beach. Conversely, in
Jones v. The Berkeley Rent Stabilization Board, a case with many of the same
legal theories but somewhat different facts, a different panel of the same court,
in an unpublished decision, upheld the dismissal of the litigation. Unfortunately,
the Supreme Court let the 152 Valpariso decision stand, refusing to grant
review or depublication, but has granted review in Jones.1
The decisions in Beach and Valoariso have momentous significance to
state and local land use planning generally, not just rent control. If permitted to
stand, these decisions invite challenges to all land use and environmental
regulations if the law is not demonstrably effective and perfectly efficient in
operation, no matter how long it has been in existence.2
The SMRCB opening brief on the merits was filed on January 26, 1998;
and the respondent's reply brief was filed on February 24, 1998. The Board has
filed its reply on March 20, 1998. Amicus briefs in support of the Board are due
on or before April 16, 1998, absent leave from the court to extend the time.
Simply put, amicus participation is crucial to maintain local legislative
authority. Courts must continue to recognize the propriety of judicial deference
to legislative authority. It is vitally important that the California Supreme Court
apprehend the far-reaching consequences of this decision.
A summary of the issues is attached for your review. If you wish copies of
any of the briefs filed to date, please call Anthony Trendacosta at (310) 458-
8781.
1 The Pacific Legal Foundation represents the plaintiff/petitioners in!lllal;h, 152 Valaoaraiso
and~.
2 In this latter respect, the opinion ignores that the "statute of continuous wrong" theory was
expressly rejected in Hensler v cnv of Glendale (1994) 8 Cal. 4th 1. The!lllal;h opinion is
inconsistent with Hensler and other controlling authority in other, major respects as well.
California City Attorneys
March 17, 1998
Page 3
Your city's participation in the brief would add a familiar and influential
voice to the Board's effort. On behalf of the Santa Monica Rent Control Board
and the City of Santa Monica, we thank you in advance for any assistance you
can provide.
Sincerely,
,
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Arit~~~ffEl~~~! (
General Counsel, Santa Monica
I Rent Control Board
~tu~~J b~
Marsha JoneS' Moutrie
City Attorney
City of Santa Monica
cc: Richard Judd, Esq.
JoAnne Speers, Esq.
Ruth Sorensen, Esq.
Andrew W. Schwartz, Deputy City Attorney
(City and County of San Francisco)
Margie Gelb, General Counsel
(Berkeley Rent Stabilization Board)
:LieN-- ~
Transportation Steering Committee
February 25, 1998
Over the past several months, the Marin County Transportation Steering Committee (TSC) has
conducted several meetings in an effort to find regional solutions to reduce congestion along the 101
corridor and prevent urban sprawl. In its deliberations, the TSC has generally been guided by the
principles recommended in the Sonoma-Marin Multi-Modal Transportation and Land Use Study, the
Marin Countywide Plan, and city general plans. The TSC has considered political, economic, legal
and environmental concems of the Marin community. In addition to the transportation
recommendations contained in the preferred scenario, the Committee members conducted several
discussions regarding land use measures, including acquisition of identified significant properties in
the County for traffic mitigation purposes.
On February 12, 1998, the TSC completed its original goal of devising a funding plan for regional
transportation improvements and land acquisition in Marin County to recommend to the Marin
Countywide Planning Agency/Congestion Management Agency and the Marin County Board of
Supervisors for the November, 1998 ballot. Two public opinion research polls and four focus groups
were conducted which helped guide the Committee in their recommended funding allocation plan.
Based upon the results of the public opinion research polls and focus groups, the Committee is
recommending a general sales tax increase of Y:z~ for a 20 year period, requiring only simple majority
vote. An advisory measure (Measure A) would also be placed on the ballot, accompanying the tax
measure (Measure B), which would specifically indicate to the Board of Supervisors how the voter's
would like the tax revenue to be spent.
Results of the follow-up public opinion poll conducted in early February reveal that the advisory
measure recommended by the TSC has gained the support of 75% of voters and the sales tax
increase of Y:z~ shows a 58% support level. Of the approximately $300 million which would be
generated by a successful sales tax measure, the Committee agreed to allocate funds as part of a
ballot advisory measure as follows:
$35 million
$35 million
$75 million
$70 million
$15 million
$10 million
$55 million
$ 5 million
Improvements to Highway 101, including construction of a HOV reversible lane
between the Civic Center and Sir Francis Drake Boulevard;
Improvements to local and arterial streets;
Implementation of a light rail in the North Bay;
Improvements to the existing local bus system, implementation of a community
shuttle service, and creation of a West Marin flexible transitlrideshare service;
Improvements to existing paratransit services;
Improvements to bicycle and pedestrian paths;
Reducing development and traffic by protecting sensitive environmental areas,
including baylands; and
Administer Sales Tax Program
If additional revenue is generated from the Y:z~ sales tax or funds available for reprogramming of sales
tax revenues should be prioritized as follows: a) $5 million to bus service; b) $15 million to rail service;
c) $5 million to non-motorized facilities; and d) $7 million to local streets and roads.
At the last TSC meeting, the Committee stated their interest in developing a recommendation for
ballot language and a full text description of the ballot proposals for a sales tax increase and an
advisory measure for implementing a specific transportation plan to the Marin County Board of
Supervisors. The TSC has formed a subcommittee which is currently meeting to draft such language.
The proposed ballot language will be presented to the TSC which meets again on March 12, 1998, to
review, comment, and ratify the suggested text.
The proposed, ratified, recommended funding plan should be reviewed by the Marin Countywide
Planning Agency at the February 26th meeting and referred to the Marin County Board of Supervisors
and each City for consideration in March or April. Once the Countywide Planning Agency and each
local jurisdiction has reviewed the recommended transportation and land use sales tax allocation plan,
it will be formally presented to the Board of Supervisors to determine if this measure should be placed
on the November, 1998 ballot. The Board of Supervisors is scheduling status report discussions on
this matter for their March 3rd and March 10th meetings.
The next Marin County TSC meeting is scheduled for Thursday, March 12, 1998, in the meeting
rooms at the Marin Center at 7:00 p.m. Draft recommended ballot language will be reviewed and
discussed. If you have any questions regarding the TSC process, future steering committee meeting
dates, or information developed by the TSC, please contact either Mark Riesenfeld 499-7001 or Carol
Williams at 499-6276.
Marin County
Countywide Planning Agency
March 24, 1998
Town Council
Town of Larkspur
1505 Tiburon Blvd.
Tiburon, CA 94920
RECEIVED
MAR 2 5 1996
Dear Council Members:
RE:
Transportation Steering Committee Recommendations
TOWN MANAGERS OFFICE
TOWN OF TlBURON
On February 12, 1998, the Marin County Transportation Steering Committee (TSC) completed its original goal of
developing a funding plan for regional transportation improvements and land acquisition in Marin County to
recommend to the Marin Countywide Planning Agency/Congestion Management Agency and the Marin County
Board of Supervisors for the November, 1998 ballot. This funding plan was based on the findings of the Sonoma-
Marin Multi Modal Transportation and Land Use Study completed in June, 1997 (summary attached).
Of the approximately $300 million which would be raised by a successful 1/2 cent sales tax, the Committee has
agreed to recommend the funding of the following projects: a) improvements to Highway 101, including
construction of a HOV reversible lane between the Civic Center and Sir Francis Drake Boulevard; b)
improvements to local roads and arterials; c) implementation of a light rail service in the North Bay; d)
improvements to the existing bus system; e) improvements to existing paratransit services; t) improvements to
bicycle and pedestrian paths; and g) reducing development and traffic by protecting sensitive environmental areas,
including baylands.
It is requested that your Council consider the conclusions and recommendations formulated by the Tran!iPortation
Steerin~ Committee and forward a letter of sllPPort for the prqposed recommendations to the Marin Countywide
Plannin~ A~ency by April 15 1998
Background:
In July of this year, the Marin Countywide Planning Agency/Congestion Management Agency acted to establish a
23-member Transportation Steering Committee (TSC) to develop a plan for improved transportation services which
would be partially funded by a sales tax initiative. The Committee, which was formally appointed on September
II, 1997, is comprised of two members from the Marin County Board of Supervisors, five city council members,
representatives of community, business, environmental organizations, transportation advocates and members at-
large. An education member was later added because school transportation was going to be considered. Please
refer to the attached Transportation Steering Committee roster (Attaclunent A).
The charge of the committee was to determine if a transportation sales tax plan for the November, 1998, ballot
could be developed using the multi-modal study preferred scenario as a starting point for discussion. In addition to
the transportation recommendations contained in the preferred scenario, there was much discussion among
Committee members regarding land use measures, including acquisition of identified significant properties in the
County for traffic mitigation purposes.
3501 Civic Center Drive, #308 - San Rafael, CA 94903-4157 - Telephone (415) 499-6269 - Fax (415) 499-7880
__.o_..___,..___...____ __,.____._.____.____~.______...,_,,___,._,__
The Committee conducted its first meeting on September 18, 1997, and met ten times through mid February. Its
primary goal was to determine how to most efficiently allocate potential sales tax funds on transportation related
improvements and projects which would help relieve traffic congestion.
Process:
The TSC, led by a facilitator, adopted a miSSion statement and guiding principles to help focus Committee
deliberations and develop a plan for improved transportation (please refer to Attachments B and C). A meeting
summary was prepared at the end of each meeting which highlighted key issues raised and decisions the Committee
made. Two public opinion research polls and four focus groups were conducted which helped guide the Committee
in their recommended funding allocation plan.
Based upon the results of the public opinion research polls and focus groups, the Committee is recommending a
general sales tax increase of 1/2 cent for a 20 year period, requiring only simple majority vote. An advisory
measure (Measure A) would also be placed on the ballot, accompanying the tax measure (Measure B), which would
specifically indicate to the Board of Supervisors how the voter's would like the tax revenue to be spent. Results of
the follow-up public opinion poll, conducted in early February, reveals that the advisory measure recommended by
the TSC has gained the support of 75 % of voters and the sales tax increase of 1/2 cent shows a 58 % support level
(see Attachments F and G).
Upon completion of 10 Committee meetings, several subcommittee meetings, two public opinion research polls,
and four focus groups, the Transportation Steering Committee, on February 12, 1998, completed its original goal
of devising a funding plan for regional transportation improvements and land acquisition in Marin County to
recommend to the Marin Countywide Planning Agency and the Marin County Board of Supervisors for the
November, 1998 ballot. Please refer to the attached Recommended Transportation and Land Use Sales Tax
Allocation Plan (Attachment D).
Next Steps:
Following the opportunity to review and comment on the recommended transportation and land use sales tax
allocation plan by each City and Town, this matter will return to the Countywide Planning Agency at its April
meeting for action on a recommendation to the Board of Supervisors. Once the Countywide Planning Agency takes
an action on this matter, it will be forwarded to the Board of Supervisors to determine if these measures should be
placed on the November, 1998 ballot.
Please give careful consideration to this finely balanced proposal which was created by a consensus of community
stakeholders and indicate your support to the Countywide Planning Agency.
Respectfully submitted,
tr~
e, Chairman
tywide Planning Agency
Attachments: I)
A)
B)
C)
D)
E)
F)
G)
i:cur:af:mjr:tsc:counltr .doc
Sonoma-Marin Summary
TSC Roster
Mission Statement
Guiding Principles
Allocation Plan
Proposed Ballot Languages
Talking Points
Tracking Poll
~s~~
~~ t-err J-
2
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTO~ .~
MEETING DATE: 4/1/98
ITEM NO.: 6
FROM:
SUBJECT: ENCROACHMENT PERMIT TO CONSTRUCT A GARAGE WITHIN THE
SPANISH TRAIL PUBLIC RIGHT-OF-WAY; 2440 SPANISH TRAIL
ROAD; MICHAEL MARTIN, APPLICANT
BACKGROUND
The applicant is remodeling his residential property at 2440
Spanish Trail Road, an unincorporated property which abuts the
Town of Tiburon corporate boundary. Access to parking for the
property has historically been provided from Spanish Trail Road,
a Town of Tiburon-maintained street. In the 1970's, the Tiburon
issued an encroachment permit for a carport within the Spanish
Trail right-of-way for use by this property; the applicant now
desires to enclose this carport into a combination 2-car garage
structure and an open car deck area. A new encroachment permit
is required for this proposed change.
Chapter 19 of the Tiburon Town Code requires Town Council
approval of any encroachment permit which would involve
construction of buildings, car decks, carports, garages, or other
permanent structures of a substantial nature. The Town Engineer
has authority to approve encroachment permits of a lesser nature.
Chapter 19 specifically prohibits the approval of enclosed living
space within the public right-Of-way.
ANALYSIS
As a policy matter, the Town Engineer recommends denial of any
proposal for an enclosed structure within the Town's streets and
rights-of-way. Please refer to the Town Engineer's memo of
3/23/98, attached as Exhibit 1.
All encroachment permits involving structures are issued by the
Town as revocable permits only. This is because, if for any
reason, foreseeable or unforeseeable, there should arise a need
for the encroachment to be removed, the permit may be revoked
with notice and the encroachment removed at the permit-holder's
sole expense. At this time, there are no known Town-programmed
or Town-scheduled improvements to Spanish Trail Road which would
conflict with this encroachment permit. However, according to
the Town Engineer, based upon Marin County's long experience with
encroachment permits, it becomes extremely difficult and
TleURON TOWN COUNCIL
STAFF REPORT
411/98
1
expensive(even with a recorded revocable permit) to reverse
approval of enclosed structures within the right-of-way, should
the need ever arise.
The Town Attorney notes that an Agreement was recorded with
respect to the 1972 encroachment permit issued by the Town, and
that a formal amendment to that agreement would be required
should the new encroachment permit be approved. A draft amended
agreement, prepared by the applicant's attorney, is attached as
Exhibit 2.
RECOMMENDATXON
Town Staff considers the approval of permanent enclosed buildings
within the public right-of-way to be bad precedent, poor public
policy and poor planning, and recommends denial of the
application.
Should the Town Council vote to approve the permit, the Town
Engineer should be directed to ensure that all applicable
conditions and public safeguards allowed under Chapter 19 of the
Town Code be applied to the permit to its issuance; the Town
Attorney should be directed to ensure the 1972 Agreement is
amended; and the Town Manager authorized to execute the amended
agreement.
EXHIBITS
1. Memo from Town Engineer dated 3/23/98.
2. Draft amended agreement.
\scott\2440span.enc
TleURON TOWN COUNCIL
STAFF REPORT
4/1/98
2
TOWN OF TlBURON c:i
\
1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 4.35.7373
FAX (415) 435-2438
MEMO
RECEIVED
TOWN OF TIBURON
, "~ 2 ; '993
DEPARTMENT OF
COMMUNITY DEVELOPMENT
Date:
March 23, 1998
To:
From:
Scott Anderson, Planning Director
Siavash Barmand, Town Engineer ~
RE: Encroachment Permit No. 98-01
2440 Spanish Trail Road
I have reviewed the attached encroachment permit application to convert an existing
permitted carport into an enclosed 2-car garage and 1 open-air carport. My
recommendation is to deny the issuance of encroachment permit number 98-01. The
construction of enclosed structures within the Town maintained road right-of-way can
not be permitted. A recorded encroachment permit or revocable license for an enclosed
space that is basically part of one's home has historically proven to be difficult to
reverse and, therefore, is not recommended.
If you have any questions regarding this issue, please contact me at 499-7053.
EXHIBIT NO.
I
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l155 TIEURON BLVD., TIBURON, CA 94920
(415) 435-7380 FAX (415) 435-7395
TOWN OF TIB URON
BU1LDING DEPARTIv1E:Nl
TOWN OF TIBURON
APPllCATlON FOR ENCROACHMENT PERMIT
DATE
FE3R[.~~Y 2, 1998
PROPERTY QY'YC'i"ER NA1yrE
MICHAEL J. M).R!I~
ADDRESS
2440 S?~,ISH T~\IL ROAD
TELEPHO"'"E NO.
415/435-3233
"'-'.U!E OF CO"'''TR.l.CTOR
PERFOR.\!1:'i'G ViOR.1( TBD
BL'SI~"ESS LIC# COi'<lRACTOR LIC #
A.DDRESS
ITLEPH00"E :--'-0.
T:le undersigned hereby applies [or permission to excavate, construcr and/or othe,,,,ise
enGoach on Town of Tiburon Public bnds or rights-of-way, by performing the foiIo",ing
described work and as further designated on the attached plot plan.
LOCATION OF E:-iCROACID!E:'iT (Street address or other appropriate description):
2~~O S?_~~=S~ T~~=L ROAD -- SEE PROP~~:: DESCRI?T:O~ A:!AC2ED
In the spaces below, describe e.xacrly what applic:mt wishes to do (ie. trench digging, tree
removal, curb cut, etc.). Supply plot plan and elevation and/or other details which will
specifically demonstrate loc:J.tion of encroachment, including measurements from property
~~ .
Trench Digging:
Feet Long
Feet WIde
Purpose:
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AMENDMENT TO AGREEMENT
THIS AGREEMENT, made and entered into at Tiburon, California,
this
day of
, 1998, by and between MICHAEL J.
MARTIN, hereinafter referred to as "Owner", and TOWN OF TIBURON, a
Municipal Corporation, hereinafter referred to as "Town",
WIT N E SSE T H :
WHEREAS, by deed recorded March 12, 1997, as Instrument
97-012413, Owner acquired title to that certain real property in
the County of Marin, State of California, which is commonly known
as 2440 Spanish Trail, Tiburon, and which is more particularly
described on Exhibit A'hereto attached and made a part hereof;
WHEREAS, by Agreement dated March 15, 1972, and recorded March
28, 1972, as Instrument No. 10664, at Book 2553, Page 320, Official
Records of Marin County, California, a revocable encroachment
permit was granted to construct a parking deck on the public right-
of-way known as Spanish Trail;
WHEREAS, Owner and Town now intend to amend and modify said
March 15, 1972, agreement; and
WHEREAS, Owner has made application for an encroachment permit
for the construction of a two-vehicle garage and a one-vehicle
carport on the existing parking deck; and
WHEREAS, on
, 1998, Town granted a revocable
encroachment permit to Owner permitting the construction of the
Page 1
the existing parking
EXHIBIT NO. J-
two-vehicle garage and one-vehicle carport on
--.--....-.---. '--"-~-----"-'-'------'--'-------~-'-'-' -----,-..--
deck subject to, among other things, Owner's agreement to remove
said parking deck, garage and carport at Owner's expense upon the
eventuality of Town's plans to improve said right-of-way;
NOW, THEREFORE, it is agreed as follows:
1. Upon receipt by Owner of a certified copy of a resolution
of the Town Council of the Town of Tiburon evidencing the intention
of Town to improve said right-of-way and requesting Owner to remove
said parking deck, garage and carport, Owner will, exclusively at
Owner's own cost and expense, within forty-five (45) days from
receipt of said resolution, remove or cause to be removed said
parking deck, garage and carport and all fencing and improvements
constructed in connection therewith, all of which said improvements
are located between the westerly property line of the real property
described in Exhibit A and the easterly line of said public right-
of-way.
2. Upon the failure of Owner to comply with any of the
agreements contained herein, Town may declare said improvements to
be a public nuisance, and may take such action as may be authorized
by law to abate said nuisance. The remedy of Town as contained in
this amended agreement shall not be exclusive.
3. If Owner does not remove the parking deck, garage and
carport in accordance with this amended agreement, Town may remove
it and lien Owner's property for all costs of removal in order to
secure payment of said costs.
4. The agreements contained herein are covenants and
servitudes running with the land and shall be binding upon Owner
Page 2
'f
and his successors, assignees, executors, administrators and
personal representatives.
5. Except as amended by this Agreement, the March 15, 1972
agreement remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have signed and
subscribed this Agreement the day and year first above written.
TOWN OF TIBURON,
a Municipal Corporation
By:
Town Manager Michael J. Martin, Owner
Page 3 '(
-.. ..~ --'-.-- _."-'--
COUNTY OF
)
) ss.
)
STATE OF CALIFORNIA
On , 1998, before me, the undersigned, a
Notary Public in and for said state, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA
ss.
COUNTY OF
On , 1998, before me, the undersigned, a Notary
Public in and for said state, personally appeared MICHAEL J.
MARTIN, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
Page 4
",__.. _.._._.._._,.____~__..m.,.. _,,__,_'~__'_ ___'_"____"_'___"
EXHIBIT A
The land referred to is situated in the State of CAlifornia, County of Marin, In
the unincorporated area, and is described as follows:
BBGIKRIHG at a point on the Basterly line of Vistaao Bast Street, at the
intersection thereof with the Southwesterly corner of that certain parcel of
land cJescribed in the DeecJ executed by Ida II. Boyle, to Florence Full_r Couper,
datecJ August 1, 1940 and recora.d August B, 1940 in Book 399 of Officisl Records
at Page 254, Marin County Records, running thence Southerly and along said
Basterly line of Vistazo Bast Street, 110 feet to the Northerly line .of the
land. de.cribed in the Deed executed by Ida Marie Gro.., et a1. to Warren W.
Pinke. et ox, dated March 17. 1966 and recorded March lB. 1966 in Book 2034 of
Official Record., at P.ge 116. Marin County Record., running thence Worth B4-
31' Ba.t 88.953 feet, .ore or 1e.., to the we.terly line of the parcel of land
de.cribed in the Deed executed by Roger B. Ryan, et ux~ to Jo.eph A. Johnson, et
ox. dated Septeaber 2. 1953 and recorded Septeaber 13, 1954 in Book 8B3 of
Official Record., at Page 15, Marin County RecordS. thence North 36- 39' We.t
and along the We.terly line of the land. referred to in l.st ..ntioned Deed. a
distance of 100 feet. .ore or le.s, to the SOutherly line of the land. referred
to in the Deed executed by Boyle. fir.t hereinabove .referred tal thence South
85- 46' west and along the Southerly line of the Deed last referred to, 105 feet
to the Easterly line of Vistazo Bast Street and the point of beginning.
DING. portion of Subdivhion "A" of Lot 16, in Section 1. as shown upon that
certain ..p entitled, "Map Ro. 3 of Lyfords Begeia at Tiburon Point", filed for
record J.ugu.t 23, 1894. Marin County Record..
A.P. Ro. 059-201-17
OBSERV A nON: Several next-door neighbors on the same side of Spanish Trail
Road have garages which encroach on the public right-or-way.
l~Y
,~
ABOVE: 2304 Spanish Trail Road.
BELOW: 2300 Spanish Trial Road.
~~~!!\-.
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE:
f
4/1/98
To:
From:
Subject:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR Sk-
PREZONING OF APPROXIMATELY 30 ACRES OF TERRITORY ALONG THE
WESTERN BOUNDARY OF THE TOWN OF TIDURON COMPRISED OF THE
CYPRESS HOLLOW SUBDIVISION AND THE RANCHO DRlVEIBARN ROAD
AREA
MARCH 26, 1998
Date:
BACKGROUND
First reading of the Ordinance approving the prezoning was conducted by the Town Council at its
meeting of March 18, 1998. The Ordinance now comes before the Council for second reading
and adoption.
ENVIRONMENTAL STATUS
This prezoning is categorically exempt from CEQA under section 15319 of the CEQA Guidelines.
RECOMMENDATION
1. Hold a public hearing on the matter.
2. Move to read the ordinance by title only.
3. Conduct second reading and adopt the ordinance prezoning the parcels.
EXHmITS
A. Draft Ordinance.
Iscott\r98-02t2.rpt
Tiburon Town Council
StafJReport
4/1/98
1
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PREZONING PROPERTY LOCATED IN THE CYPRESS HOLLOW
SUBDIVISION MID THE RANCHO DRIVE/BARN ROAD AREA
WHEREAS, the Town Council of the Town of Tiburon does ordain as
follows:
Section L Findings.
A. The Town of Tiburon has initiated prezoning proceedings for approximately
30 acres of territory in response to substantial neighborhood interest in
annexation to the Town of Tiburon.
B. The Planning Commission held a duly noticed and advertised public hearing
on the prezoning request on March 11, 1998, and heard and considered all
testimony and correspondence received, after which the Planning
Commission adopted resolution No. 98-09 recommending that the Town
Council prezone the parcels as set forth in said resolution.
C. The Town Council has held a duly noticed and advertised public hearing on
March 18, 1998, and has considered all testimony and correspondence
received.
D. The Town Council finds that the proposed prezoning is consistent with the
Tiburon General Plan and the Tiburon Zoning Ordinance.
E. The Town Council finds that the project is categorically exempt from the
requirements of CEQA per Section 15319 of the CEQA Guidelines.
Section 1.. Approval.of Prezoning.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the
Town of Tiburon does hereby prezone the subject parcels as shown on the
attached Exhibit II A ". This zoning shall become effective immediately upon
annexation of the property to the Town of Tiburon.
Town of Tiburon
Ordinance No. N.S.
Effective ./-~8
1
EXHIBIT No.A
Section ~ Severability.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this Ordinance. The Town
Council hereby declares that it would have passed this and each section,
subsection, phrase or clause thereof irrespective of the fact that anyone or more
sections, subsections, phrase or clauses be declared unconstitutional on their face
or as applied.
Section i. Effective Dare..
This Ordinance shall take effect and be in force thirty (30) days after the
date of passage, and before the expiration of fIfteen (15) days after its passage the
same, or its legally required equivalent, shall be published with the names of the
members voting for and against the same, at least once in a newspaper of general
circulation published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on , 1998, and was adopted at a regular meeting
of the Town Council of the Town of Tiburon on , 1998, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
HARRY S. MATTHEWS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
\scottlr98-02.ord
Town of Tiburon
Ordinance No. N.S.
Effective -/-I'J8
2
Assessor Parcel
34-012-38, 40, 54, 61
34-201-02
34-201-03
34-202.01
34-202-02
34-202.03
34-202-04
34-202-05
34-202.06
34-202-07
34-202-08
34-202-09
34-202-10
34-202-11
34-202-12
34-203-01
34-203-02
34-203-03
34-203-04
34-203-05
34-203-06
34-203-07
34-203-08
34-203-09
34-203-10
34-203-16,19,20
34-203-17
34-012-56
34-012-57
34-392-02
34-392.03,04
34-392.05
34-392.06
34-392-07
34-392-08
34-392-09
34-392-10
34-393-01
34-393-02
34-393-03
34-393-04
34-393-05
34-393-06
34-393-07
34-393-08
34-393-09
~-
EXHIBIT "A"
.
~
Marin County Zoninl!: Pronose<! Tiburon Prezoninl!:
Deffebach
Tye
Pogre1
Peck
Sullivan
Johanson
Childhouse
Andrews
Bot
Chen-Klingstrom
Von Stein
Praun Trust
Anderson
Castner
Schlager
FaIahati
Wong
Rahimipour
Shayan
Cooney
Gregg
Trudell
Heater
Crain
Balling
Swift
Richardson Sanitary
Simon
Cypress Hollow Inc.
Lunsford
Deffebach
Patrizio
Yip
Giffm
Brown
Tull
Jolley
Johnson
Puryear
Sugarman
Johnson
Blair
Larson
Williams
Miller
Taylor
A-2:B-2, R-1:B-2
R-1:B-2
A-2:B-2
R-I:B-2
R-l:B-2
R-1:B-2
R-1:B-2
R-l:B-2
R-l:B-2
R-1:B-2
R-l:B-2
R-1:B-2
R-1:B-2
R-1:B-2
A-2:B-2
R-1:B-2
R-1:B-2
R-l:B-2
R-l:B-2
R-l:B-2
R-l:B-2
R-l:B-2
R-l:B-2
R-l:B.2
R-1:B-2
&'vlP
OA
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
R-1
R.1
R-1
R-1
R-1
R.1
R.1
R-1
R.l
R-l
R-1
R-1
R-l
R-l
R-l
R-l
R-l
R-1
R-1
R-l
R-l
R-l
R-l
R.l
R-l
RMP
Public
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
P. 1 of 2
Assessor Pared
34-393-10
34-393-11
34-394-01
34-394-02
34-394-03,04,07,08
34-394-05
34-394-06
34-394-09
34-394-10
34-394-11
34-394-12
34-394-13
34-394-14
34-394-15
34-394-16
34.394-17
34-394-18
34.395.01
34-395-02
34-395-03, 04
34-395-05
...
,
~
Marin Countv Zonini Pronase<! Tibllran Prezoninlj'
Ulrich
Walker
Lieb=an
Madhavi
Coscan-Davidson
Cypress Hollow Inc.
Schmitt
Yacko
Haire
Suh
Mulligan
Shapiro
Sittnick
Browne
Leung
Marin County
Moskowitz
Shelton
Hawkins
Coscan-Davidson
Heiges
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RSP
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
RPD
Public
RPD
RPD
RPD
RPD
RPD
P. 2 of 2
TOWN OF TmURON
STAFF REpORT
To:
TOWN COUNCIL
ITEM NO. or
From:
DANIEL M. WATROUS, SENIOR PLANNER
FILE #39802: AMENDMENT TO THE LA CRESTA PRECISE
DEVELOPMENT PLAN TO MODIFY A BUILDING ENVELOPE; 94 VIA
LOS ALTOS; Leonard and Lisa Gray, owners; Mohamad Sadrieh, applicant;
Assessor's Parcel No. 34-330-47
Subject:
Date:
APRIL 1, 1998
PROJECT DATA
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
SUBDIVISION:
GENERAL PLAN:
FLOOD ZONE:
DATE COMPLETE:
CEQA EXEMPTION:
PERMIT STREAMLINING
ACT DEADLINE:
PROJECT DESCRIPTION
94 VIA LOS ALTOS
34-330-47
39802
50,260 SQUARE FEET
RPD (RESIDENTIAL PLANNED DEVELOPMENT)
LA CRESTA UNIT 2 (LOT 25)
MEDIUM DENSITY RESIDENTIAL
C
FEBRUARY 17, 1998
FEBRUARY 17, 1998
APRIL 18,1998
The applicant is requesting approval of an amendment to the La Cresta Precise Development Plan
to modifY the building envelope for the property located at 94 Via Los Ahos. The proposal is
intended to allow the applicant to move the potential site of a new single-family residence on the
parcel out of the view corridors of an adjacent lot.
TffiURON TOWN cOUNca
STAFF REPORT
APRIL 1. 1998
Page 2
The approved building envelope for this parcel is a triangular area tucked into the southwestern
end of the property. fu 1997, a Site Plan and Architectural Review application was submitted for
the construction of a two-story, 6,925 square foot house within this building envelope. The
owners of the adjacent lot to the west at 96 Via Los Altos have also submitted plans for a new
single-family house, currently under review by the Design Review Board.
Upon reviewing the submitted plans for these two properties, it became evident to the respective
property owners that the location of the proposed house at 94 Via Los Ahos would impact the
secondary views of Ring Mountain for the future home at 96 Via Los Altos. fu attempting to find
a mutually satisfactory solution to this situation, both property owners agreed that it would be
desirable to move the building envelope for 94 Via Los Altos further back on the site. Such a
change requires an amendment to the La Cresta Precise Development Plan.
The proposal to modifY the building envelope for this parcel would simply move the existing
building envelope back 37 feet toward the rear of the lot. The dimensions of the envelope would
remain unchanged. The Ring Mountain open space area borders the site on the north. This
modification would pull the future house on this parcel out of the line of sight toward Ring
Mountain for the future house at 96 Via Los Altos, while preserving the existing San Francisco
Bay views for the subject property. fu addition, this envelope placement would improve the
potential views for this house toward Mt. Tamalpais to the northwest.
ANALYSIS
The Planning Commission reviewed this application for an amendment to the La Cresta Precise
Development Plan at a public hearing held on March 11, 1998. The Staff report and minutes of
this meeting are attached as Exhibits C and D. The Commission's review centered on potential
impacts to the nearby ridgeline and open space areas. Concerns were raised that the proposed
building envelope location would be closer to the adjacent Ring Mountain Open Space area, and
closer to the nearby ridgeline. The consensus of the Commission was that the 37 foot shift in the
building envelope would not be great enough to significantly impact the use of the adjacent open
space. The Commission noted that the revised building envelope would not affect the height of
the future house on this lot, and therefore should not increase any visual impacts for the nearby
ridgeline.
The proposed building envelope modification would move a future house on this parcel 37 feet
further from the other adjoining lots to the south of the site, making the house less visible from
Via Los Altos, the only street in the vicinity. fu addition to the improvements to the view
corridors for the property at 96 Via Los Altos, this modification would reduce any potential
privacy impacts on neighboring homes below the site which are, or will soon be, oriented away
TffiURON TOWN COUNca
Sf AFF REPORT
APRIL t. 1998
Page 3
from the subject property and toward the views of San Francisco to the south.
Goal 2 of the Hillside Design Guidelines states that "as more dwellings are buih on the hillside at
closer and closer intervals, the effect of the dwellings on each other becomes critical View
corridors, visual 'pollution'...and other considerations must be explored by the designer of the
newest house on the block to avoid conflicts with neighbors." The proposed building envelope
location addresses such potential conflicts with the adjacent parcel, and is therefore consistent
with the Hillside Design Guidelines.
On March 11, 1998, the Planning Commission voted 5-0 to recommend approval of the
amendment to the La Cresta Precise Development Planto the Town Council by adopting
Resolution No. 98-08 (Exhibit B).
ENVIRONMENTAL DETERMINATION
This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA)
as specified in Section 15303.
CONCLUSION
The proposed modification of the building envelope would move the future home on this site out
of the secondary view corridor for the adjacent parcel without creating any additional impacts on
surrounding properties. The edge of the envelope would be 37 feet closer to the Ring Mountain
Open Space area and the nearby ridgeline, but would not resuh in construction at higher
elevations than are currently permitted by the existing building envelope. The resulting envelope
would actually improve some of the views from this parcel and increase the separation between
the future home on this property and other residences along this portion of Via Los Altos. The
goals and policies listed within the Hillside Design Guidelines, and appropriate review by the
Design Review Board, should insure that future construction within this revised envelope is
consistent with the La Cresta Precise Development Plan.
RECOMMENDATION
Staff recommends that the Town Council hold a public hearing on this item, then adopt the draft
resolution approving the project, subject to the conditions contained therein.
TIBURON TOWN COUNCIL
STAFF REPORT
APRIL 1.1998
---._- ----- -.--....---------------.......---.---.--....----'T'.-.--.-.-
Page 4
EXHIBITS
A Draft Town Council Resolution
B. Planning Commission Resolution No. 98-08
C. PIanning Commission Staffreport dated March 11, 1998
D. Draft Minutes of the March 11, 1998 PIanning Commission meeting
E. Plans dated February 9, 1998
reports'tc39802.rpt
TlliURON TOWN COUNCIL
STAFF REPORT
APRIL 1. 1998
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING
AN AMENDMENT TO THE LA CRESTA PRECISE DEVELOPMENT PLAN (PD #11)
TO ADJUST THE BUILDING ENVELOPE
FOR PROPERTY LOCATED AT 94 VIA LOS ALTOS
WHEREAS, on March 11, 1998, the Planning Commission held a public hearing to
consider the approval of an amendment to the La Cresta Precise Development Plan to modifY the
building envelope for the property located at 94 Via Los Altos, proposed by Leonard and Lisa
Gray ("Owners") and Mohamad Sadrieh ("Applicant"); and
WHEREAS, after receiving public testimony and considering the application, the
Commission determined that the proposed amendment would allow the applicant to site a new
single-family residence on the parcel without encroaching into the view corridors of adjacent
properties, was supported by the potentially affected property owners, and was consistent with
the relevant policies of both the Tiburon Zoning Ordinance and the Tiburon General Plan; and
WHEREAS, on March 11, 1998, the Planning Commission adopted Resolution No. 98-08
recommending to the Town Council that the proposed Precise Plan Amendment be approved; and
WHEREAS, on April 1, 1998, after hearing all testimony and reviewing all documents on
the record, the Town Council concurred with the findings made by the Planning Commission, and
found that the proposed Precise Plan Amendnient would be consistent with the Town Zoning
regulations and the Tiburon General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve an amendment to the La Cresta Precise Development Plan (PD # 11)
to adjust the building envelope for property located at 94 Via Los Altos (Marin Assessor Parcel
Number 034-330-47), subject to the following conditions:
1. The building envelope for Lot 25 of La Cresta Unit II (94 Via Los Altos) is
adjusted to the configuration and location shown on drawings dated February 9,
1998 (one page) prepared by Mohamad Sadrieh, said drawing being on file with
the Tiburon Planning Department and attached as Exlnbit 'A'
2. This Precise Development Plan Amendment approval shall be valid for 36 months
following its effective date, and shall expire unless subsequent zoning and/or
building permits have been issued pursuant to this approval. A time extension may
be granted if such request is filed prior to the expiration date.
Tiburon T 0YIn Council
Resolution No.
411196
EXI-nBIT NO. A-
1. LbF3
1
3. This approval sha1l in no way alter other provisions of the La Cresta Precise
Development Plan not specifically descnlled herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on Aprill, 1998, by
the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
HARRY S. MATTHEWS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
tc39802.res
Tiburon Town Council
Resolution No.
4/1/96
EXHIBIT NO.A-
P. Z:tY" ~
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RESOLUTION NO. 98-08
A RESOLUTION OF TIlE PLANNING COMMISSION OF TIlE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT
TO THE LA CRESTA PRECISE DEVELOPMENT PLAN (pD #11)
TO AMEND TIlE BUILDING ENVELOPE FOR LOT 25 (94 VIA LOS ALTOS)
ASSESSOR PARCEL NO 34-330-47
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows:
Section 1 Findings
A The Town has received and considered an application filed by Leonard and Lisa Gray and
Mohamad Sadrieh for an amendment to the La Cresta Precise Development Plan to
relocate the existing building envelope to construct a single-family residence and other
improvements on their property located at 94 Via Los Altos. The application consists of
the following:
1. Application form, dated February 9, 1998
2. Site Plan and Proposed Layout dated February 9, 1998
B. The Planning Commission held duly noticed and advertised public hearing on March 11,
1998, considered all testimony, and recommended conditional approval of the Precise
Development Plan to the Council.
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15303 of the CEQA Guidelines.
D. The Planning Commission found that the proposal, as conditioned, is consistent with
Town Zoning regulations and the Tiburon General Plan based on the following factual
analysis:
The project would be compatible with the intentions of the overall development
pattern of the La Cresta Precise Development Plan to minimize the view impacts
on surrounding properties. The proposed relocation of the building envelope
would move the future home on this parcel out of the secondary view corridor of
the adjacent parcel, and would help future development on this site adhere to the
goals and principles of the Hillside Design Guidelines.
Tiburon Planning Commission
Resolution No. 98..08
March II, 1998
.i'.;XI-!IBIT NO. 'e
~. lDFZ-
1
Section 2 Recommendation of Approval
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
approval of the adjustment to the La Cresta building envelope for 94 Via Los Altos to the Town
Council, subject to the following conditions:
1. The building envelope for Lot 25 of La Cresta Unit II (94 Via Los Altos) is
adjusted to the configuration and location shown on drawings dated February 9,
1998 (one page) prepared by Mohamad Sadrieh, said drawing being on tile with
the Tiburon Planning Department.
2. This Precise Development Plan Amendment approval shall be valid for 36 months
following its effective date, and shall expire unless subsequent zoning and! or
building pennits have been issued pursuant to this approval. A time extension may
be granted if such request is tiled prior to the expiration date.
3. This approval shall in no way alter other provisions of the La Cresta Precise
Development Plan not specifically described herein.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
March 11, 1998, by the following vote:
AYES:
COMMISSIONERS: Berger, Klairmont, Knoble, Slavitz & Stein
NOES:
COMMISSIONERS: None
LISA KLAIRMONT, CHAIRMAN
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
a:pc98-08
Tiburon Planning Commission
Resolution No. 98-08
March ll. 1998
EXHIBIT NO.-L
P. 2- of 2..--
2
----- ~~~.-...-..., ._.,_..m._.._.~._,----,--------~,-"""'""T
[f~[U~ ~@~w .
TOWN OF TmURON
STAFF REpORT
To:
PLANNING COMMISSION
AGENDA NO.: 3
From:
SENIOR PLANNER WATROUS
FILE #39802: AMENDMENT TO THE LA CRESTA PRECISE
DEVELOPMENT PLAN TO MODIFY A BUilDING ENVELOPE; 94 VIA
LOS ALTOS; Leonard and Lisa Gray, owners; Mohamad Sadrieh, applicant;
Assessor's Parcel No. 34-330-47
Subject:
Date:
MARCH 11, 1998
PROJECT DATA:
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
SUBDIVISION:
GENERAL PLAN:
FLOOD ZONE:
DATE COMPLETE:
CEQA EXEMPTION:
PERMIT STREAMLINING
ACT DEADLINE:
94 VIA LOS ALTOS
34-330-47
39802
50,260 SQUARE FEET
RPD (RESIDENTIAL PLANNED DEVELOPMENT)
LA CRESTA UNIT 2 (LOT 25)
MEDIUM DENSITY RESIDENTIAL
C
FEBRUARY 17, 1998
FEBRUARY 17, 1998
APRIL 18, 1998
ENVIRONMENTAL DETERMINATION:
This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA)
as specified in Section 15303.
TlBURON PlANNING COMMISSION
STAFF REPORT
MARCH II, 1998
l;'y'T-TT~T'T' NO C-
.L:..J....~.........._......lI. .
r. lDP"g
Page 2
PROJECT DESCRIPTION:
The applicant is requesting approval of an amendment to the La Cresta Precise Development Plan
to modify the building envelope for the property located at 94 Via Los Altos. The proposal is
intended to allow the applicant to site a new single-family residence on the site without
encroaching into the view corridors of adjacent parcels.
In 1997, a Site Plan and Architectural Review application was submitted for the construction of a
home on this parcel A two-story, 6,925 square foot house was proposed within the approved
building envelope for this parcel, which is a triangular area tucked into the southwestern end of
the property. This application was deemed to be incomplete due to several unresolved issues
related to the height of the proposed house. The maximum height specified by the Precise Plan is
30 feet.
Site Plan and Architectural Review approval was granted in 1997 for a new single-family
residence on the adjacent lot to the west at 96 Via Los Altos. This property has recently changed
hands, and the new owners have submitted plans for a revised house, to be reviewed by the
Design Review Board at the March 19, 1998 meeting. The proposed house would have a similar
configuration and would be located in generally the same spot on the parcel as the recently
approved house.
The architects for the properties at 94 and 96 Via Los Altos have reviewed the submitted and
approved plans for both of these parcels. Upon this review, it became evident that the location of
the proposed house at 94 Via Los Altos would impact the secondary views of Ring Mountain for
the future home at 96 Via Los Altos. In attempting to find a mutually satisfactory solution to this
situation, a suggestion was made to move the building envelope for the subject property further
back on the site. Such a change would require an amendment to the La Cresta Precise
Development Plan.
The current primary building envelope for this parcel is pushed into the southwestern portion of
the lot, toward Via Los Altos. The property slopes to the east, with open views of Richardson
Bay, Belvedere and San Francisco to the south. Several parcels fronting onto Via Los Altos lie
below the site, and the parcel at 96 Via Los Altos sits above the site, at the highest point of the La
Cresta subdivision. The Ring Mountain open space area borders the site on the north.
The proposal to modify the building envelope for this parcel would simply move the existing
building envelope back 37 feet toward the rear of the lot. The dimensions of the envelope would
remain unchanged. This modification would pull the future house on this parcel out of the line of
sight toward Ring Mountain for the future house at 96 Via Los Altos, while preserving the
existing San Francisco Bay views for the subject property. In addition, this envelope placement
TIDURON PlANNING COMMISSION
STAFF REPORT
MARCH II. 1998
E-~CII~=I~r l~'O. C-
p, z OP"3
Page 3
would improve the potential views for this house toward Mt. Tamalpais to the northwest.
The applicant has submitted a conceptual design for a house on the site to illustrate the effects of
moving the building envelope. These conceptual plans are similar to those previously submitted
for Site Plan and Architectural Review for this property. Story poles have also been erected at
the ridge heights of the proposed house to illustrate the general bulk which would result from the
requested modification.
ANALYSIS:
This property is one of the few rem~ining unbuilt lots of the La Cresta subdivision. As is often the
case, construction and approval of other building plans on the parcels surrounding the site has
resulted in conditions that were not anticipated when the building envelopes were established in
1983. Specifically, the location of the approved house at 96 Via Los Altos has created a physical
condition that would cause any future home constructed within the current building envelope to
impact the views to Ring Mountain from this neighboring house. Although this is only a
secondary view for the house at 96 Via Los Altos, the La Cresta Precise Plan clearly did not
intend these impacts to be imposed on parcels in this neighborhood by the location of the building
envelopes.
The proposed building envelope modification is not absolutely necessary in order for a new home
on the subject property to comply with the Tiburon Hillside Design Guidelines. The location of
this lot at a level well below the adjacent parcel at 96 Via Los Altos would mean that construction
of a 30 foot high home within the existing envelope would block only a portion of a secondary
view toward Ring Mountain from the neighboring house, without affecting the panoramic primary
view toward San Francisco enjoyed from this adjoining parceL However, the proposed building
envelope should eliminate even this secondary view impact, without resulting in additional view
impacts on any other neighboring parcel. In fact, the revised envelope would move a future house
on this parcel 37 feet further from the other adjoining lots to the south of the site. This would
reduce any potential privacy impacts on neighboring homes which are, or will soon be, oriented
away from the subject property.
The proposed envelope would be less visible from Via Los Ahos, the only street in the vicinity.
The envelope would be slightly closer to the neighboring Ring Mountain Open Space area and the
nearby Tiburon Ridge Trail. However, the envelope would move laterally across the slope of the
site, and should not resuh in the construction of a house at a higher elevation than would be
permitted by the current building envelope.
Goa12 of the Guidelines states that "as more dwellings are buih on the hillside at closer and closer
intervals, the effect of the dwellings on each other becomes critical. View corridors, visual
TlBURON PlANNING COMMISSION
STAFF REPORT
MARCH 11. 1998
E:'=II~?IT I~TO. G
P. '3 oF~
Page 4
'pollution' ...and other considerations must be explored by the designer of the newest house on the
block to avoid conflicts with neighbors." The locations of the current building envelope on the
subject property and the approved home on the adjacent parcel do create potential impacts on the
secondary view corridor for the adjoining lot, which can be simply addressed by the proposed
movement of the building envelope.
The proposed project has been reviewed for consistency with the requirements of the Tiburon
Zoning Ordinance regarding precise development plan amendments and with the Tiburon General
Plan. The project appears to be compatible with the intentions of the overall development pattern
of the La Cresta Precise Development Plan to minimize the view impacts on surrounding
properties, and therefore is consistent with the policies outlined in the Zoning Ordinance and
General Plan.
CONCLUSION:
The proposed modification of the building envelope would move the future home on this site out
of the secondary view corridor for the adjacent parcel without creating any additional impacts on
surrounding properties. The edge of the envelope would be 37 feet closer to the Ring Mountain
Open Space area and the Tiburon Ridge Trail, but would not resuh in construction at higher
elevations than are currently permitted by the existing building envelope. The resulting envelope
would actually improve some of the views from this parcel and increase the separation between
the future home on this property and other residences along this portion of Via Los Altos. The
goals and policies listed within the Hillside Design Guidelines, and appropriate review by the
Design Review Board, should insure that future construction within this revised envelope is
consistent with the La Cresta Precise Development Plan.
FUTURE ACTIONS REOUIRED:
The Planning Commission's action on this project would be a recommendation of approval to the
Town Council Should the Commission vote to deny the project, that action would be final unless
appealed to the Town Council lfthe amendment to the Precise Development Plan is approved by
the Town Council, subsequent Town permits would include Site Plan and Architectural Review
approval and building permits for the house and other improvements on the lot.n
RECOMMENDATION:
Staff recommends that the Planning Commission hold a public hearing on this item and adopt the
draft resolution recommending approval of the project to the Town Council, subject to the
conditions contained therein.
TIBURON PLANNING COMMISSION
STAFF REPORT
MARCH II. 1998
E~.7'''''''T'T~Tr~ :'\7f) C
. -: .L..J:'2..''..::;;'l L 1.~! '../.
P. 4~~
Page 5
EXHJRITS:
1. Application and supplemental materials dated February 9, 1998
2. Draft resolution
3. Plans dated February 9, 1998
reports't'c39802.1p!
TIBURON PlANNlNG COMMISSION
STAFF REPORT
MARCH II. 1998
T.'V'!'_JT::"TT NO ('.
...i..:.J..;~.J.,,'...~L,;'-'1. l....I. . . _"
P. 5' of' ~
a~/e~:: 3~9 :s: e2 41!:43!S2~3e
TC:.J-.l CF TIElROt-;
PAGE Ell
TOWN OF TIBURON
COMMUNITY DEVELOPMENT DEPARTMEII'
LAND DEVELOPMENT APPLICA.. ,uN
TYPE OF APPLICATION
~r-=<l""l=~V-D
n=-~ll.:.l;gii :J C
o Conditional Use Permit
.. Precise Oevtlo~'m Plan
A......t...-+
o ConctPtUaI Mut. PI,"
o RuonlnQlPrezoning
o Zoning T'liCt Amendment
o G,ner,1 Plan Amandment
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o Si9n Permit
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APPLICANT REQUIRED INFORMATION
SITE ADDRI1SS:~4 VIA !.o.;AL.TCS PROPERTY SIZE: '50:'2.00 'SF.
PARCEL NUMBER: -:>,4 - ~?'." - 4-, ZONING.'
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OWNER OF PROPERTY:
MAILING ADDRESS:
CITY 1ST A TElZIP:
PHONE NUMBER:
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FAX
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MAILING ADDRESS:
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PHONE NUMBER:
FAX
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PUUf indklll. with an IUkrltk (,) JUl'fons to who.... comlpOnd.lIce should b~ s,,,t
BRIEF DESClUYl10N OF PROPOSED PROJECT (altacb ..pant. ,heel if needed): A \ I '. '.~
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I. the undersigned owner (or aulhorized agent) of the propert)' herein described, hereby make application for
approval of the plans submiucd and made a pan,of this application in accordance with th~ provisions of the Town
Ordinances. and I hereby certify that the information given is true and correct to the best of my knowledge and
belief / /(g
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Mar-04-9a 09:35A Aleu
011 5- 114 4 50 76
P.02
Jennie March.Aleu
74 Via Los Altos
Tiburon, CA 94920
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Ma)"("h 9, 1998
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To: Tiburon Planning Commission
From: Jennie March-Aleu
Dear Members of thE' Tiburon Planning Commission:
1 am sending this letter via fax from Mexico to address the amendment to the building
~nvdope of Dr. and Mrs. Leonard Gray's property located al94 Via Los Altos.
Last November my husband and I purchased 96 Via Los Altos from Mr. and Mrs.
Hewins. That lot was purchased with architectural plans designed by Mr. Mohammed
Sadrieh and already approved by Tiburon Design Review.
Soon after dose of escrow on this lot, we learned that Mr. Sadneh was also the archite<:t
on Dr. and Mrs. Gray's lot next door. Upon reviewing Mr. Sadrieh's proposed plans for
the Grays, we saw that the.primary views from the living and dining room designed for
our house at96 Via Los Altos were blocked by the roof on Mr. Sadrieh's more recent
design of 94 Via Los Altos.
Fortunately, there is still the opportunity to adjust the location and designs of the homes
so that the potential views from both homes are maximized.
At the suggestion of Mr. Sadrieh, we readjusted the design of 96 Via Los Altos to move
the sib:-location of our home and the primary living areas forward on the lot To
accomplish this my husband and hired Jim Mallot to amend the existing approved
plans and resubmit these to Tiburon Design Review.
These changes to the original design of Mr. Sadrieh for our lot at 96 Via Los Altos has
been time consuming and costly. However, the relocation of both homes gives a corner
to corner placement of the houses instead of a frontal relationship across a narrow
driveway. We fP.e1 i1.:ouJd resolve a conflict of privacy and view blod,age which is of
substantial importance to both residences.
With this solution in mind, 1 am writing to support the proposed amendment of the
buHding envelope of Dr. and Mrs. Gray.
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Mar-Q4-98 09:35A A1QU
011 5- 114 4 50 76
P.03
Jennie March-Aleu
74 Via Los Altos
Tiburon, CA 94920
ThE' granting of an amendment to the building envelope by the Tiburon Planning
Commission will resolve a potential design conflict and allow both residences a
harmonious, unobtrusive hinside placement vis-a-vis each other.
Thank you for your lime and expertise. I am sorry I cannot be present [or this meeting,
but trust Jim Mallot's representation on my behalf.
Very truly,
'c-'\JMcL~
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CONSENT CALENDAR
[ill [R1 ffi\ [f 1f
1. MINUTES OF: February 11, 1998, corrected page 4, 5th paragraph, "... projects that are
. "
10 response...
2. MINUTES OF: February 25, 1998, corrections as follows:
Page 1: Keyser Marsten
Page 2 top paragraph: ". .copy of the report and the expansion of retail and its character will
be ~ something the whole town will need to debate."
Page 3 sixth paragraph: ". .Slavitz asked what why a secondary envelope was needed.. "; next
paragraph: ". .Klairmont asked about the intended use of the three acres of open space that will
remain on the two parcels. "
Page 4 fourth paragraph: ". .just designs the mold and should consider the consequences of
its shape. The Commission should stipulate that their approval is not necessarily an approval of
the building shape and massing as shown. "
Page 5 first paragraph: ". .large secondary I6ts envelopes." Second paragraph: Use
thel'd6rt:", "..conservative about brellking this nde such exceptions." Third paragraph: "..huge
problem to enforce over time ll! and she does not want to create future problems..." ".. .applied
to purchase Tiburon Peninsula serpentine bunch grasslands... "
Page 7 third paragraph: "...rather that than during..." "..furniture on the weekend if it
needed to be brought inside. "
MIS BergerlSlavitz to approve both sets of minutes as amended. (5-0)
PUBLIC HEARING
3. 94 VIA LOS ALTOS: AMENDMENT TO THE LA CRESTA PRECISE
DEVELOPMENT PLAN TO MODIFY A BUILDING ENVELOPE, FILE #39802;
Leonard and Usa Gray, owners; Mohamad Sadrieh, applicant; Assessor Parcel No. 34-
330-47.
Planning Director Anderson stated that this was an application to amend the La Cresta Precise
Plan to modify a building envelope. As the subdivision approaches build-out, this location has
view problems that could not have been anticipated. The proposal shifts the building envelope to
take it out of the secondary view to Ring Mountain for the house above. This makes it closer to
the ridgeline, but the height is the same in relation to the ridgeline as the old building envelope.
He recommended adoption of the resolution recommending approval of the amendment to the
Town Council.
Commissioner Knoble asked if the Ridgeline Policy applied to this project and if the roof of the
house is significantly below the ridgeline. Mr. Anderson said the Ridgeline Policy applied only
TIBURON PLANNING COMMISSION MINUTES OF MARCH II. 1998
MINUTES NO. 783
2
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to new development, not construction on pre-existing lots. He said that this house follows the
contours of the ridge line and does not come higher than the house would have been with the
current building envelope. Commissioner Knoble thought that it would block views for people
walking across the ridgeline trail. Mr. Anderson stated that either envelope would have that
potential.
Chair Klairmont asked if he had looked at the project from the house above to see how the view
is affected. He said that the architect and applicant could better provide that information.
Discussion was opened to the applicant at 7:55 p.m.
Leonard Gray, 313 San Rafael Avenue, Belvedere, stated that after they set up the story poles,
it became clear that the neighbor's views to Ring Mountain would be blocked. If the building
envelope is moved out of the way, it helps the neighbor and does not hurt his own views.
Mohamad Sadrieh, architect for the project, said moving the building envelope out of the way is
the best way to avoid blocking views from 96 Via Los Altos. Moving the building envelope has
several benefits: it improves the view for 96 Via Los Altos, it creates a greater separation between
the two homes, it avoids the canyon-like effect on the road, and it reduces the visual impact as you
drive up the street. The building envelope is the same size and the topography is similar, so the
height is maintained in relation to the ridgeline. He commented that when a subdivision is
planned, it is looked at as a whole, and often when it comes down to building homes on the lots,
the envelopes are less than ideal. He felt this change will enhance the subdivision by creating
more openness.
Commissioner Slavitz asked where the ridge trail is in relation to this property. Mr. Anderson
stated that the only public access is stairs on the other side of the neighbor's lot, so this lot has no
affect on the public access to the ridge trail.
Chair Klairmont asked if walkers would be affected. Mr. Sadrieh stated that the horizontal
movement is only 35 feet, which is 10 paces, and he felt that would not have a great impact.
They are not taking away from the open space. Chair Klairmont also had questions about fire
access and was advised that a turnaround is being proposed.
Commissioner Knoble asked about the maximum height of the house. Mr. Sadrieh stated it was
30 feet. She confirmed that the house was moving toward the north property line and halving the
distance between the lot line and building envelope. Sadrieh stated it was, but the house would
not be filling that space. She felt that the building was closer to the open space and would seem
bigger from the trail and have a greater impact on hikers. Sadrieh responded that what demarcates
the property from the open space would be landscaping.
TIBURON PLANNING COMMISSION MINUTES OF MARCH 11, 1998
MINUTES NO. 783
3
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Vice-Chair Berger added that the house is not using the whole building envelope. While it might
be closer, it is slender and would not have a big impact.
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Mr. Sadrieh said moving the building envelope creates more openness, 35 feet is not a great
distance, and he felt that the relationship of the homes to each other was more important that the
relation to Ring Mountain Open Space.
Commissioner Knoble agreed that it would look better from the road, but felt that it would impose
on the open space. She asked about the difference between the ridgeline elevation and the
maximum elevation of the house. Mr. Sadrieh stated that he did not study the ridgeline
relationship as it did not apply to this subdivision and the height would not change. The adjacent
neighbor has their home closer to the ridgeline. Commissioner Knoble stated that even though
the Ridgeline Policy was not approved before the precise plan, the community feels the ridgeline
is important. If changes are made now, we should consider the ridgeline. She commended the
applicant for considering the neighbor's views, but felt they should also consider the hikers of the
ridgeline trail.
Discussion was opened to the public at 8: 10 p.m.
Laura Conte, representing Jennie Aleu of 96 Via Los Altos, stated that she approves of the
project. While she hears the concerns about the ridge line, she felt that it would not have a great
impact. It is the same building envelope, just moved over.
There were no further comments from the public.
Commissioner Slavitz stated that he hears Commissioner Knoble's concerns, but he felt that the
house was not higher. While it was closer, it is still a fair distance away, and he did not feel it
would make that much difference. The house behind this is higher. He did not feel the ridgeline
policy could be imposed on them. The building envelope was not bigger, just moved over.
Vice-Chair Berger sympathized with Commissioner Knoble's concerns that the ridgelines are
important and the Commission needs to look out for them. But he agreed with Commissioner
Slavitz and thought that the application presented a negligible change and a great benefit to the
neighbor.
Commissioner Knoble felt that the applicant had gone to considerable lengths to make the building
envelope pleasing to the neighbor. It provided them with better views and is more attractive from
the road. She would encourage them to keep a lower profile in consideration of people using the
area for recreation.
TIBURON PLANNING COMMISSION MINUTES OF MARCH 11, 1998
MINUTES NO. 783
4
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Commissioner Stein felt the project was reasonable and accommo atmg to t e nelgli or.
the house was not going higher, but just being moved over, he had no problem with this
application.
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Chair Klairmont felt that when a change is made to a master plan, there needs to be a compelling
reason, which in this case is the view protection of the neighbor and the separation of the houses.
It is disconcerting that some properties are grandfathered in, so she would encourage the applicant
to try to be as considerate of the ridgelines as possible, since they are important to the community.
As it is just a 35 foot change, she supported the application.
M/S Berger/Stein to adopt the resolution recommending approval to the Town Council. (5-0)
4. PREZONING OF APPROXIMATELY 30 ACRES OF LAND ALONG THE WESTERN
BOUNDARY OF TIBURON COMPRISED OF THE CYPRESS HOLLOW
SUBDIVISION AND THE RANCHO DRIVE/BARN ROAD AREA, FILE R-98-02:
Assessor Parcel Nos. 34-012-38,40,54,56,57,61; 34-201-02,03; 34-202-01 through 12; 34-
203-01 through 20; 34-392-02 through 10; 34-393-01 through 11; 34-394-01 through 18;
34-395-01 through 05.
Planning Director Anderson stated that this is a prezoning prior to annexation. The Town Council
has approved the annexation and it now proceeds to LAFCO. The Commission needs to prezone
to determine what Town zone would apply to each property. The Cypress Hollow Planned
Development fits into our zoning easily, as we have the same as Marin County, so there is
virtually no change. The documents applying to these properties are now the Town's instead of
the County's. The only changes are the park which Tiburon zones "Public." In the Rancho
Road/Barn Road area there are several different zones. There is one small planned district, which
would be the same as Cypress Hollow, and the sanitary district which would be zoned "Public."
Everything else is Single Family Residential and a small portion that is "Agricultural" which
Tiburon does not have. For Tiburon this would be R-l or R-lBA. He recommended that it be
R-l and if the Commission felt it necessary, a new zoning district to deal with the setbacks could
be created. As you cannot prezone to a zone that does not exist, this would be done at a later
date. He recommended adopting the resolution recommending approval of the prezoning
designations to the Town Council.
Vice-Chair Berger asked whether the setbacks conformed to the Town setbacks. Mr. Anderson
thought they probably did. Vice-Chair Berger asked about services. Mr. Anderson said all the
sewer services go to Richardson Bay Facility and then Southern Marin, the same as Tiburon. The
Town services most affected would be Police, Public Works, and Planning.
Vice-Chair Berger asked how the setbacks and FAR's, etc. compare with other R-l districts in
Tiburon. Mr. Anderson replied that the Town's are varied dating back to the 60's. This
TIBURON PLANNING COMMISSION MINUTES OF MARCH II. 1998
MINUTES NO. 783
5
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TOWN OF TmURON
STAFF REpORT
To:
TOWN COUNCIL
ITEMNO.L
From:
DANIEL M. WATROUS, SENIOR PLANNER
FILE #39801: AMENDMENT TO THE TIBURON SHORES PRECISE
DEVELOPMENT PLAN TO MODIFY A BUILDING ENVELOPE; 31
GILMARTIN DRNE; Hui Chi Liu/Joanna Yu, owners; Lawrence Lang,
applicant; Assessor's Parcel No. 55-253-12
Subject:
Date:
APRIL 1,1998
PROJECT DATA
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
SUBDMSION:
GENERAL PLAN:
FWOD ZONE:
DATE COMPLETE:
CEQA EXEMYI'ION:
PERMIT STREAMLINING
ACT DEADLINE:
PROJECT DESCRlYfION
31 GILMARTIN DRIVE
55-253-12
39801
31,905 SQUARE FEET
RPD (RESIDENTIAL PLANNED DEVELOPMENT)
TIBURON SHORES
MEDIUM DENSITY RESIDENTIAL
C
FEBRUARY 3,1998
FEBRUARY 3, 1998
APRIL 4, 1998
The applicant is requesting approval of an amendment to the Tiburon Shores Precise
Development Plan to modifY the building envelope for the property located at 31 Gilmartin Drive.
The proposal is intended to allow the applicant more flexibility in siting a new single-family
residence on the site without encroaching into the view corridors of adjacent parcels.
TffiURON TOWN COUNCIL
STAFF REPORT
APRIL 1. 1998
Page 2
The requested Precise Plan amendment resulted from responses to a Site Plan and Architectural
Review application submitted in 1997 for the construction of a home on this parcel. A two-story,
5,120 square foot house was proposed within the approved building envelope for this parcel,
which is situated along the western side of the property. Once the story poles were erected for
the proposed house, it became evident that the structure would significantly impact the views for
the adjacent one-story home at 3 Via Paraiso West. The location of an approved house at 51
Gilmartin Drive could have its views similarly impacted if the proposed house was simply shifted
into an area outside the approved building envelope closer to the street. The only ways to avoid
these impacts would be to construct a single-story home on the lot or request that the building
envelope be modified to allow the house to be placed elsewhere on the site. The applicant then
withdrew the application.
The current primary building envelope for this parcel occupies most of the western portion of the
lot, toward the rear of the property. A secondary building envelope extends toward the front of
the parcel facing Gilmartin Drive. The property slopes to the south, with open views of
Richardson Bay, Belvedere and the Golden Gate Bridge. Several parcels fronting onto Via
Paraiso West lie above the site.
The proposal to modify the building envelope for this parcel would essentially combine the
existing primary and secondary building envelopes. The one change would increase the setback
from the front of the property from the 10 feet provided by the current secondary building
envelope to 30 feet for the proposed envelope.
The Design Review Board supported the proposed building envelope modification as a means of
allowing the applicant more flexibility in designing an appropriate house for this property. This
recommendation to modify the building envelope was based on the Board's application of the
Hillside Design Guidelines regarding potential view impacts to the house that was proposed
within the existing envelope. The proposed enlargement of the building envelope would allow the
developer to explore more creative design solutions for this property, while still being required to
adhere to the goals and principles of the Hillside Design Guidelines for the design of any future
house on this lot.
ANALYSIS
The Planning Commission reviewed this application for an amendment to the Tiburon Shores
Precise Development Plan at a public hearing held on February 25, 1998. The Staff Reports and
minutes of this meeting are attached as Exhibits C and D. The Commission's review centered on
potential height and drainage concerns. The applicant does not propose any specific height
restrictions for the revised envelope, but has submitted a conceptual design for a house on the site
TmURoNToWN COUNCIL
STAFF REPORT
APRil.. 1, 1998
Page 3
that is predominantly one story in height. The house would conceivably have an additional second
story master bedroom area, described by the applicant as a "half story," in the center of the
structure, outside of the view corridors for the adjacent homes at 3 Via Paraiso West and 51
Gilmartin Drive. The Commission did review the height of the conceptual house design, but felt
that this issue would be most appropriately evaluated by the Design Review Board as part of the
Site Plan and Architectural Review process for this property.
Drainage concerns for the property focused on the existing drainage easement that currently runs
between the primary and secondary envelopes down the center of the parcel. This easement
apparently only drains water from the one adjacent parcel at 51 Gilmartin Drive. The applicant
has proposed to relocate the easement around the edge of the property, beginning and ending at
the same points as the current easement alignment. The Commission recommended that prior to
eliminating the existing drainage easement, the applicant is to have a study done and reviewed by
the Town Engineer to confirm that movement of the easement will not adversely affect the
property.
This property is one of the few remaining unbuilt lots along this section of Gilmartin Drive. As is
often the case, construction on the parcels surrounding the site has resulted in conditions that
were not anticipated when the building envelopes were established in this area. Further, the
subject parcel lies within the Tiburon Shores subdivision, while the lots at 3 Via Paraiso West and
51 Gilmartin Drive are within the Del Madera subdivision. In such border areas, conflicts
occasionally arise between neighboring building envelopes approved under separate precise plans.
The Tiburon Shores and Del Madera Precise Plans clearly did not intend these restrictive
conditions to occur on parcels in this neighborhood.
On February 25, 1998, the Planning Commission voted 5-0 to recommend approval of the
amendment to the Tiburon Shores Precise Development Plan to the Town Council by adopting
Resolution No. 98-06 (Exhibit B).
ENVIRONMENTAL REVIEW
This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA)
as specified in Section 15303.
TIBURONTOWN COUNCil.
STAFF REPORT
APRil. 1. 1998
Page 4
CONCLUSION
The proposed expansion of the building envelope would allow the developer to have more
flexibility in designing a house that would not resuh in view impacts for the surrounding
properties. The goals and policies listed within the Hillside Design Guidelines, and appropriate
review by the Design Review Board, should insure that future construction within this expanded
envelope does not result in development that is inconsistent with the Tiburon Shores Precise
Development Plan.
RECOMMENDATION
Staff recommends that the Town Council hold a public hearing on this item, then adopt the draft
resolution approving of the project, subject to the conditions contained therein.
EXHIBITS
A Draft Town Council Resolution
B. Planning Commission Resolution No. 98-06
C. Planning Commission Staff report dated February 25, 1998
D. Minutes of the February 25, 1998 Planning Commission meeting
E. Minutes of the November 20, 1997, Design Review Board meeting
F. Plans dated January 23, 1998
TffiURONToWNcoUNca
~AFFREPORT
APRIL 1, 1998
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT TO THE TIBURON SHORES PRECISE DEVELOPMENT
PLAN (PD #28) FOR PROPERTY LOCATED AT 31 GILMARTIN DRIVE
TO ADmST THE BUILDING ENVELOPE
WHEREAS, on February 25, 1998, the Planning Commission held a public hearing to
consider the approval of an amendment to the Tiburon Shores Precise Development Plan to
modllY the building envelope for the property located at 31 Gilmartin Drive, proposed by Hui Chi
Liu and Joanna Yu ("Owners") and Lawrence Lang ("Applicant"); and
WHEREAS, after receiving public testimony and considering the application, the
Commission determined that the proposed amendment would allow the applicant more flexibility
in siting a new single-family residence on the parcel without encroaching into the view corridors
of adjacent properties, was supported by the potentially affected property owners, and was
consistent with the relevant policies of both the Tiburon Zoning Ordinance and the Tiburon
General Plan; and
WHEREAS, on February 25, 1998, the Planning Commission adopted Resolution No. 98-
06 recommending to the Town Council that the proposed Precise Plan Amendment be approved;
and
WHEREAS, on Aprill, 1998, after hearing all testimony and reviewing all documents on
the record, the Town Council concurred with the findings made by the Planning Commission, and
found that the proposed Precise Plan Amendment would be consistent with the Town Zoning
regulations and the Tiburon General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve an amendment to the Tiburon Shores Precise Development Plan
(PD #28) for property located at 31 Gilmartin Drive (Marin Assessor Parcel Number 055-253-
12), subject to the following conditions:
1. The building envelope for Lot 5 of the Tiburon Shores Subdivision (31 Gilmartin
Drive) is adjusted to the configuration and location shown on drawings dated
January 23, 1998 (one page) prepared by MacLeod and Associates, Inc., said
drawing being on file with the Tiburon Planning Department, and attached as
Exhibit 'A'.
2. This Precise Development Plan Amendment approval shall be valid for 36 months
following its effective date, and shall expire unless subsequent zoning and/or
Tiburon Town Council
Resolution No.
411196
1
EXHIBIT NO.-A-
f. (bF- J
-------------------------'---'.T..-~-.-....--.--
building permits have been issued pursuant to this approval. A time extension may
be granted if such request is filed prior to the expiration date.
3. An investigation shall be performed by a qualified hydrologist to determine if the
drainage easement across the property can be relocated as shown on the plans
submitted on January 23, 1998. This investigation shall be reviewed by the Town
Engineer to insure that this relocation will not adversely affect the drainage across
the property.
4. The remainder of the existing secondary building envelope (the area between 10
and 30 feet from the front property line) shall be eliminated.
5. This approval shall in no way alter other provisions of the Tiburon Shores Precise
Development Plan not specifically descnoed herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on April 1, 1998, by
the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
HARRY S. MATTHEWS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
tc39801.res
Tiburon Town Council
Resolution No.
411.1l6
2
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RESOLUTION NO. 98-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT TO THE
TIBURON SHORES PRECISE DEVELOPMENT PLAN TO THE TOWN COUNCIL
ASSESSOR PARCEL NO 55-253-12
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows:
Section 1 Findin~s.
A The Town has received and considered an application filed by Hui Chi Lin, Joanna Yu and
Lawrence Lang for an amendment to the Tiburon Shores Precise Development Plan to
expand the existing building envelope to construct a single-family residence and other
improvements on their property located at 31 Gilmartin Drive. The application consists of
the fonowing:
1. Application form, dated January 23, 1998
2. Environmental Data Submission Form and supplemental materials, dated January
23, 1998
3. Site Plan and Proposed Layout dated January 23, 1998
B. The Planning Commission held duly noticed and advertised public hearing on February 25,
1998, considered all testimony, and recommended conditional approval of the Precise
Development Plan to the Council.
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15303 of the CEQA Guidelines.
D. The Planning Commission found that the proposal, as conditioned, is consistent with
Town Zoning regulations and the Tiburon General Plan based on the fonowing factual
analysis:
The project would be compatible with the intentions of the overall development
pattern of the Tiburon Shores and Del Madera Precise Development Plans to
minimize the view impacts on surrounding properties. The proposed enlargement
of the building envelope would allow the developer to explore more creative
design solutions for this property, while still being required to adhere to the goals
and principles of the Hillside Design Guidelines for the design of any future house
on this lot.
Tiburcn Plaaning Commissicn
Resolutioo No. 98-{Draft)
February 25.1998
1
EXHIBIT NO. ~
f. 'Of3
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Section 2. Approval.
NOW, THEREFORE, BE IT RESOL YED that the Planning Commission recommends
approval of the amendment to the Tiburon Shores Precise Development Plan to the Town Council
of the Town ofTiburon, subject to the following conditions:
1. Prior to the issuance of grading or building permits for project construction the
project developer shall submit a Design Review application to the Town of
Tiburon Planning Department and receive written approval from the Design
Review Board.
2. Hours of construction shall be regulated by Chapter 13 of the Tiburon Town
Code. All building materials for project construction shall also be stored on-site.
3. All construction on, and landscaping ot; the property shall comply with the
provisions ofTiburon Municipal Code Chapter BE conceming water
conservation. Compliance with these regulations shall be ensured during the Site
Plan and Architectural Review and Building Permit processes.
4. Prior to issuance of building permits, the applicant shall provide written
confirmation to the Town ofTiburon Planning Department which demonstrates
that the project sponsor has satisfied any and all conditions of the Town Engineer,
Tiburon Fire Protection District, Sanitary District No.5, and the Marin Municipal
Water District.
5. Grading on the site shall be limited to the dry season from May through October,
unless specifically authorized by the Town Engineer after requiring appropriate
precautionary measures.
6. An erosion control plan and dust control plan satisfactory to the Town Engineer
shall be required prior to grading or construction on the site.
7. Graded areas shall be re-vegetated as soon as possible following completion of
grading activity. The project shall comply with the requirements of the Urban
RunolrPollution Prevention Chapter 20A of the Tiburon Municipal Code.
8. This Precise Development Plan Amendment approval shall be valid for 36 months
following its effective date, and shall expire unless subsequent zoning and/or
building permits have been issued pursuant to this approval. A time extension may
be granted if such request is filed prior to the expiration date.
9. An investigation shall be performed by a qualified hydrologist to determine if the
Tiburcn Plaooing Commissim
Resolutioo No. 98-{Dr.Ul)
February 25. 1998
2
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drainage easement across the property can be relocated as shown on the plans
submitted on January 23, 1998. This investigation shall be reviewed by the Town
Engineer to insure that this relocation will not adversely affect the drainage across
the property.
10. The remainder of the existing secondary building envelope (the area between 10
and 30 feet from the front property line) shall be eliminated.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
February 25, 1998, by the following vote:
AYES: COMMISSIONERS:
SADRIEH, KLAIRMONT, BERGER, SLA VITZ,
KNOBLE
NOES: COMMISSIONERS:
NONE
ABSTAIN: COMMISSIONERS:
NONE
~Z{Ua~
LISA KLAIRMONT, CHAIRMAN
Tiburon Planning Commission
ATfEST:
SCOTT ANDERSON, SECRETARY
lresos\pc3980 l.res
Tiburcn PlaoDing Coo:onissioo.
Resolutioo No. 9&-{Th'aft)
Fcbroary 25. 1998
3
EXHIBIT NO. B
?-3bF~
TOWN OF TmURON
STAFF REpORT
To:
PLANNING COMMISSION
AGENDA NO.: 5'"
From:
SENIOR PLANNER WATROUS
FILE #39801: AMENDMENT TO THE TIBURON SHORES PRECISE
DEVELOPMENT PLAN TO MODIFY A BUILDING ENVELOPE; 31
GILMARTIN DRIVE; Hui Chi Liu/Joanna Yu, owners; Lawrence Lang,
applicant; Assessor's Parcel No. 55-253-12
Subject:
Date:
FEBRUARY 25, 1998
PROJECT DATA:
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
SUBDMSION:
GENERAL PLAN:
FLOOD ZONE:
DATE COMPLETE:
CEQA EXEMPTION:
PERMIT STREAMLINING
ACT DEADLINE:
31 GILMARTIN DRIVE
55-253-12
39801
31,905 SQUARE FEET
RPD (RESIDENTIAL PLANNED DEVELOPMENT)
TIBURON SHORES
MEDIUM DENSITY RESIDENTIAL
C
FEBRUARY 3, 1998
FEBRUARY 3, 1998
APRIL 4, 1998
ENVIRONMENTAL DETERMINATION:
This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA)
as specified in Section 15303.
TrnURONP~GCOMMmSI0N
~AFFREPORT
FEBRUARY 25. 1998
EXHIBIT NO. C
P./OF)
_._...~ ._.__..__.__._-_._.__._------_.,.._-~'---
Page 2
PRO.TEeT DESCRIPTION:
The applicant is requesting approval of an amendment to the Tiburon Shores Precise
Development Plan to modi1)r the building envelope for the property located at 31 Gilmartin Drive.
The proposal is intended to allow the applicant more flexibility in siting a new single-family
residence on the site without encroaching into the view corridors of adjacent parcels.
In 1997, a Site Plan and Architectural Review application was submitted for the construction of a
home on this parcel. A two-story, 5,120 square foot house was proposed within the approved
building envelope for this parcel, which is situated along the western side of the property. Once
the story poles were erected for the proposed house, it became evident that the structure would
significantly impact the views for the adjacent one-story home at 3 Via Paraiso West. The
location of an approved house at 51 Gilmartin Drive could have its views similarly impacted if the
proposed house was simply shifted into an area outside the approved building envelope closer to
the street. The only ways to avoid these impacts would be to construct a single-story home on
the lot or request that the building envelope be modified to allow the house to be placed
elsewhere on the site. The applicant then withdrew the application. The Design Review Board
supported the proposed building envelope modification as a means of allowing the applicant more
flexibility in designing an appropriate house for this property.
The current primary building envelope for this parcel occupies most of the western portion of the
lot, toward the rear of the property. A secondary building envelope extends toward the front of
the parcel facing Gilmartin Drive. The property slopes to the south, with open views of
Richardson Bay, Belvedere and the Golden Gate Bridge. Several parcels fronting onto Via
Paraiso West lie above the site.
The proposal to modi1)r the building envelope for this parcel would essentially combine the
existing primary and secondary building envelopes. The one change would increase the setback
from the front of the property from the 10 feet provided by the current secondary building
envelope to 30 feet for the proposed envelope. The floor area ratio for this property would
remain unchanged, as this ratio is based upon the size of the parcel, rather than the size of the
building envelope.
The applicant does not propose any specific height restrictions for the revised envelope, but has
submitted a conceptual design for a house on the site that is predominantly one story in height.
The house would conceivably have an additional second story master bedroom area, described by
the applicant as a "half story," in the center of the structure, outside of the view corridors for the
adjacent homes at 3 Via Paraiso West and 51 Gilmartin Drive.
TffiURON PlANNING COMMISSION
STAFF REPORT
FEBRUARY 25.1998
~~-Y--~-m TO /
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A drainage easement that currently passes through the center of the site is proposed to be
relocated to carry water from the property above the site to the approved exiting point at the
southern edge of the parcel The drainage would connect with the catchment basin locations
previously required for the adjacent parcel. The Town Engineer is reviewing these plans to
determine if the proposed realignment would continue to meet the drainage needs of this lot and
the adjoining parcels to the north and south.
Story poles have been placed at the perimeter of the proposed building envelope, as well as at the
ridge heights of the proposed "half story" area, to illustrate the requested modifications. The
perimeter story poles are not 30 feet in height, as indicated on the submitted plans, but rather are
intended by the applicant to simply identifY the boundaries of the proposed expanded building
envelope.
ANALYSIS:
Ibis property is one of the few remoining unbuilt lots along this section of Gilmartin Drive. As is
often the case, construction on the parcels surrounding the site has resulted in conditions that
were not anticipated when the building envelopes were established in this area. Further, the
subject parcel lies within the Tiburon Shores subdivision, while the lots at 3 Via Paraiso West and
51 Gilmartin Drive are within the Del Madera subdivision. In such border areas, conflicts
occasionally arise between neighboring building envelopes approved under separate precise plans.
Specifically, the locations of the existing house at 3 Via Paraiso West and the approved house at
51 Gilmartin Drive have created a physical condition that squeezes the size and height of any
future home on the subject property to an unreasonable extent. The Tiburon Shores and Del
Madera Precise Plans clearly did not intend these restrictive conditions to occur on parcels in this
neighborhood.
The applicant has not suggested any specific height restrictions for the proposed building
envelope. He has requested discussion by the Planning Commission on the issue of the height of a
future home on the site, but does not wish to be limited to a specific design for the future
residence at this time. The application is instead intended to create a larger area in which future
housing designs can be evaluated, and then submitted to the Design Review Board. During its
deliberations on the previous home proposed for this property, the Board did not wish to impose
a specific height restriction or require only a one-story house on this parcel. Rather, the Board
wanted to give the applicant the latitude to explore creative means of placing a house on this site
which would not significantly impact the views of the homes at 3 Via Paraiso West and 51
Gilmartin Drive.
TffiURON PlANNING COMMISSION
STAFF REPORT
FEBRUARY 25. 1998
1i'Y'7-,T'n T'11 1'.TO. c..
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Page 4
The Design Review Board's recommendation to modify the building envelope was based on its
application of the Hillside Design Guidelines to the house that was proposed within the existing
envelope. The Hillside Design Guidelines include principles that state that "partial view blockage
should be avoided whenever possible," "view protection is more important for major 'ceremonial'
rooms (living, dining, kitchen, deck) than for secondary rooms (bedroom, bathrooms, :fumily
room, etc.)," and "blockage of important objects in the view (Golden Gate Bridge, Belvedere
Lagoon, Sausalito, Angel Island) is more difficult to accept than blockage of other, less well-
known landmarks." The story poles erected for that project indicated that the views of Belvedere
Island and much of the view of Richardson Bay from the ceremonial rooms of the residence at 3
Via Paraiso West would have been significantly affected by the proposed house. From the
approved location of the house at 51 Gilmartin Drive, the proposed house would have intruded
into the side of the view of Richardson Bay.
Goal 2 of the Guidelines also states that "as more dwellings are built on the hillside at closer and
closer intervals, the effect of the dwellings on each other becomes critical. View corridors, visual
'pollution'...and other considerations must be explored by the designer of the newest house on the
block to avoid conflicts with neighbors." The Design Review Board felt that the locations of the
current building envelope on the subject property and the existing and approved homes on the
adjacent parcels create problems for the respective view corridors for these lots, resulting in
inherent development problems. The proposed enlargement of the building envelope would allow
the developer to explore more creative design solutions for this property, while still being required
to adhere to the goals and principles of the Hillside Design Guidelines for the design of any future
house on this lot.
The proposed project has been reviewed for consistency with the requirements of the Tiburon
Zoning Ordinance regarding precise development plan amendments and the Tiburon General Plan.
The project appears to be compatible with the intentions of the overall development pattern of the
Tiburon Shores and Del Madera Precise Development Plans to rninimi>ee the view impacts on
surrounding properties, and therefore is consistent with the policies outlined in the Zoning
Ordinance and General Plan.
CONCLUSION:
The proposed expansion of the building envelope would allow the developer to have more
flexibility in designing a house that would not result in view impacts for the surrounding
properties. The goals and policies listed within the Hillside Design Guidelines, and appropriate
review by the Design Review Board, should insure that future construction within this expanded
envelope does not result in development that is inconsistent with the Tiburon Shores Precise
TIBURON PlANNING COMMISSION
Sf AFF REPORT
FEBRUARY 25,1998
""'-'''~"^"-''~1'\' NO C
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Page 5
Development Plan.
FlITTTRF. ACTIONS REOUIRF.D:
The Planning Commission's action on this project would be a recommendation of approval to the
Town Council Should the Commission vote to deny the project, that action would be final unless
appealed to the Town Council. If the amendment to the Precise Development Plan is approved by
the Town Council, subsequent Town permits would include Site Plan and Architectural Review
approval and building permits for the house and other improvements on the lot.
RECOMMENDATION:
Staff recommends that the Planning Commission hold a public hearing on this item and adopt the
draft resolution recommending approval of the project to the Town Council, subject to the
conditions contained therein.
EXHTRlTS:
1. Application and supplemental materials dated January 23, 1998
2. Minutes of the November 20, 1997, Design Review Board meeting
3. Draft resolution
4. Plans dated January 23, 1998
TIBURON PLANNING COMMISSION
STAFF REPORT
FEBRUARY 25. 1998
EVT-nrTT NO c..
..:.-:\J......."'-D--. J. . .
f. 5" bFS"
5.31 GILMARTIN DRIVE: AMENDMENT TO THE TIBURON SHORES PRECISE
DEVELOPMENT PLAN TO MODIFY A BUILDING ENVELOPE, FILE #39801; Hui
Chi Uu/Joanna Yu, owners; Lawrence Lang, applicant; Assessor Parcel No. 55-253-12.
Senior Planner Watrous explained that this was an application to amend the Tiburon Shores
Precise Development Plan to modify the building envelope. The DRB reviewed the applicant's
new home proposal and concluded that the house as proposed would have created a significant
view obstruction for neighbors. The application was withdrawn. The DRB suggested a revised
building envelope to allow more flexibility to design a house that would avoid impacting the
neighbors. The current application proposes a section that could be two stories. He recommended
approval.
Mr. Watrous clarified for Commissioner Slavitz that the potential size of the house would not
change as that is determined by the size of the lot. The applicant has combined the primary and
secondary envelopes, but then made it a bit smaller. Chair Sadrieh asked if the Town Engineer
had approved moving the easement. Mr. Watrous replied that it should not be a problem to divert
the drainage easement and the engineer would review this situation.
Discussion was opened to the applicant at 9:30 p.m.
Steve Merch represented the owner. He explained that as the current primary and secondary
building envelopes and drainage easement are laid out, even if they have a one story house, they
would get opposition from the neighbor. The purpose of this application is to have more
flexibility for designing the house. The current drainage starts at the edge of the property with
a catch basin from the property above and then goes through the property. They propose
relocating the easement pipe to the edge of the property, combining the two building envelopes,
and increasing the front yard setback by 20 feet. The building envelope has been marked with
story poles. He showed the massing of the house on the original primary building envelope and
then the proposed footprint in the new building envelope. The proposed house would be mostly
one story except for an additional half-story in the center which falls between the views from the
Honchariw and Nobari residences. There will be landscape screening between the houses and on
the front slope, which will not impact the views.
Chair Sadrieh asked what was the maximum height. Mr. Merch replied that it was 22-112 feet.
They will most likely excavate to set back the house and will work with Mr. Honchariw to keep
the roof below his floor level.
Commissioner Berger stated that he felt that the drawings were misleading and that the ridgeline
of the roof is across the center section. Mr. Merch stated that the ridgeline builds up from the
sides.
TIBURON PLANNING COMMISSION MINUTES OF FEBRUARY 25. 1998
MINUTES NO. 782
9
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Commissioner Knoble asked if there had been a hydrologist's report. Mr. Merch replied that
there had not, but did not expect that to be a problem as the pipe carries a small amount of water.
Discussion was opened to the public at 9:40 p.m.
Nick Honchariw, 3 Via Parisio West, explained that the applicant's property was a ravine in 1986
that was filled over in 1989-90. He doesn't know why the original building envelope was so
limited. He felt this application is a workable fix for the drainage easement and supports the new
building envelope. His only issue is the height, but he has been working with the applicant. The
ridgeline will be below their view. He would like the remainder of the original secondary
building envelope to be retained.
Discussion closed at 9:50 p.m.
Commissioner Slavitz felt this was a creative solution and had no problem with retaining the
remainder of the original secondary building envelope.
Vice-Chair Klairmont felt the highest part of the house was located in the best possible spot
between the neighbor's properties and had no objection to the application.
Chair Sadrieh agreed and said that as this was one of the last lots to be developed, it does not
create a dangerous precedent.
Commissioner Knoble expressed concern that there was no professional advice about the drainage.
She wanted to codify that the height would not exceed the floor level of the house above.
Chair Sadrieh shared Commissioner Knoble's drainage concerns and wanted to include in the
resolution that the Town Engineer would review the plans and contact the original engineer to
determine the reason the easement was placed where it was.
Commissioner Berger agreed with that, but felt this was an easy application to approve. He
thought the 30' set-back was good and that they have tried hard to work with the neighbors. He
was comfortable with not setting a height restriction.
MIS Sadrieh/Berger to adopt resolution approving the project with the addition of the following:
prior to eliminating the drainage easement through the center of the property, the applicant is to
have a study done and reviewed by the Town Engineer to confirm that movement of the easement
will not adversely affect the property. (5-0)
T1BURON PLANNING COMMISSION MINUTES OF FEBRUARY 25, 1998
MlNUTES NO. 782
.10
P~'{"'7-TT~IT "I\T1J'"' 12
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8.
31 Gilmartin Drive Lang
New SFD
Lawrence Lang, developer for the owner, Mr. Yu, who lives in Taipei, gave the Board some
background on this property. Mr. YI.! bought the property in 1989 sight unseen and has been
looking forward to the opportunicy to live here. This is to be his dream house and they have
followed the Tiburon guidelines. He was forced to go to the side of the lot for the building, as
the original development appears to have been laid out for slot views. Mr. Lang felt there was
a distinct disadvantage to this location. -
Steve Merch, architect for the project, stated that the owners had very specific ideas about what
they wanted for this house and a key feature was for a two-story house. Being used to apartment
living, they want a large and elegant home. He felt it was hard to see why the property was
created with the building envelope to one side allowing for slot views instead of panoramas. He
pointed out that the Honchariws currently have a 90 degree panorama view, but they should have
assumed that a house would eventually go into that area. He was aware that the Honchariws want
this house to be a one-story building, but a one-story house would not be able to have the square
footage needed. Technically they are allowed to have a two-story house. They have tried to
strike a compromise on the height at 28-1/2 feet, which is under the 30 foot limit, and they are
doing some excavating to keep the height down. Mr. Yu wants a Mediterranean design with
separate wings. He knows there is a privacy issue at the rear of the house, but only one bedroom
has a view of the other house and that is a guest bedroom, which is not in constant use.
Mr. Merch felt that they had preserved the Honchariw's views. . However, they are willing to
lower the house 3-1/2 feet if necessary, even though this would cost more because of the need for
excavation. The storm sewer easement may have to be re-routed also. He felt that making this
house lower than the 3-1/2 feet would have a domino effect on the views of the houses downhill.
He stated that the Staff Report in its references to the guidelines seemed to be negative on this
project, but they had done a lot to make a positive house with minimum view impacts. They tried
not to cut out any horizon line. The impact is in the foreground, which complies with the Hillside
Guidelines. He did discover that the story poles are taller than he anticipated when he was in the
Honchariw's family room, so they are working to lower the house as stated.
Mr. Merch described the landscape plan, which has many trees 30 feet or taller. They are will ing
to change the trees if necessary.
Discussion was opened to the public at 9:50 p.m.
Nick Honchariw, 3 Via Paraiso West, thought that the applicant would have a view with a one-
story house. With the current siting and direction of the house there is a severe view blockage
of his primary view corridor and making the house 3-1/2 feet lower would not make a difference.
His second problem is with privacy and felt that fewer windows would be better. They would not
know whether or not the room was occupied, but the privacy in their primary room and deck
would be lost. He felt that the solution was for a one-story house. That is feasible because the
bulk of this house is on the first floor, only 1700 square feet would need to be relocated. There
is ample room for this in a secondary building, which could house the garage, terrace and patio
area. He felt this would maintain all views and would not impact the houses downslope.
TIBURON ORB
November 20, 1997
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Page II
P. t OF 3
Mr. Honchariw stated that there was an overtone in the discussion implying that because the
Honchariw house was built down and one-story, they forfeit the objection to a cwo-story house
in front of them. When they built in 1990, the houses above him were already in. They complied
with the Hillside Guidelines in their construction and felt that this project should also.
Jim Malott, architect representing Mr. Honchariw, had photographs and diagrams on a large board
to show the hillside slope and the view corridors for each property on the hill, which illustrated
the blockage created by a cwo-story home on the applicant's property. He stated that the loss of
privacy from the huge windows would be an imposition to all the homes on the hill. He felt the
color would create an eyesore and did not relate to the hillside. He also objected to the mass of
the building, the height of the trees, and the 16 foot high entry gate. He felt that the applicant
could comb ine the elements of the proposed house to build a grand one-story house, as there
would be no problem to bridge the ravine. Putting the garage in the ocher envelope would create
a house that would be within the guidelines. They only ask that the Yus do the same as the
Honchariws and wanted the Board to protect the scheme of the hillside. He also thought the
design was 4000 square feet over the FAR. Mr. Watrous replied that he would check, but
disagreed with Mr. Malott's FAR calculations.
Don Todd, 7 Via Paraiso West, stated that Mr. Honchariw had been very sensitive to his
neighbors to be sure their views were not blocked by his home. He felt that this application
should be for one story and that would solve the problem.
David Berelson, 5 Via Paraiso East, stated that he was concerned about the view loss for the
Honchariws. The Honchariw's house is an outstanding example of compliance with the Hillside
Guidelines. He also had concerns about the peach color stucco and felt that the Honchariws had
every right to expect the Board to support him.
Reva Berelson, 5 Via Paraiso East, stated that in their neighborhood everybody has a view and
they all respect each other's views. The Honchariw home is the best example of that. She
suspected that if this house is approved, others will want cwo-story homes and that will destroy
something they value in this neighborhood.
Mr. Merch responded to the comments. He applauded Mr. Malott and Mr. Honchariw for the
exhibit they put together, buc felt that some of it was subject to interpretation. He questioned the
Board's ability to demand a one-story house when the zoning is for a 30 foot height limit. The
Board could direct them to lower the house, but the applicant still wants a cwo-story house.
Perhaps they could agree on a middle ground. The landscaping could be changed. If they go to
a one-story house and maintain the current envelope, the prime views are at an angle. All these
changes will be expensive.
Mr. Malott stated that all but cwo of the 32 goals were violated and that was enough to require
redesign.
Discussion was closed to the public at 10:35 p.m.
~
~~~~;'~=-~C~~.:='~.~~2=\;-;J. 'S
TlBURON ORB
November 20, 1997
f. Z-- tiP 3
Page 12
,
-
Chair Howard discussed the quandary presented by balancing individual rights versus community
rights. They like people to get the house they have dreamed of, but not if that steps on someone
else's dream.
Boardmember Beales stated that there was also a problem because the Hillside Guidelines and
Zoning Ordinance were not always in synch. While this project complied with the Zoning
Ordinance, it does not meet the Hillside Guidelines. He felt they could tell the applicant they
could not block someone's view.
Boardmember Snow agreed that this was an opportunity for them to make someone's dream home,
but the main thing is to maintain the view of the upslope neighbor.
Beales felt chat the property was big enough to expand to the secondary building envelope.
Howard thought a lot of space had been given to the gallery and entry, which is not living space.
This does not weigh heavy enough to sacrifice views. Snow felt the two-story style would not
work on this property. Beales thought the applicant should come back with something that could
be approved.
Staff advised that the options would be for the Board to deny without prejudice, to continue, or
for the applicant to withdraw and bring back new drawings for which the fees would be waived.
Mr. Lang was willing to withdraw the application, but asked for a letter from the Board to the
Planning Commission stating that they supported a building envelope change. He would hope that
they would not limit the project to one story, as he would want to be able to explore the greatest
options for his client.
Mr. Malott interjected that the reason for one-story is privacy as much as view.
Chair Howard stated that she did not want to deny a two-story house, but that expanding the
building envelope would give the developer more flexibility to pursue other design options.
M/S Beales/Howard to support a precise plan amendment to expand the primary building
envelope. (3-0)
Mr. Lang withdrew the application.
TlBURON ORB
November 20. 1997
:::=:~:-:1~=~~iIT J>YC;. C-
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TOWN OF TIBURON
STAFF REpORT
ITEM NO.
10
Date:
MAYOR AND TOWN COUNCa
ANN R. DANFORTH, TOWN ATIORNEY
UTILITY UNDERGROUNDING REQUIREMENTS
AGREEMENTS TO FORM ASSESSMENT DISTRICT
March 27, 1998
To:
From:
Subject:
BACKGROUND
At the Council's meeting of March 4, 1998, the Building Official recommended that the Council
ir modify the Town's policy of requiring the undergrounding of electric and communication
service laterals when remodeling involves the relocation or replacement of the main electrical
service equipment. At that hearing, the Council considered that undergrounding is often both
quite costly and unlikely to be of great benefit because many overhead facilities would remain
visible. The Council asked the Town Attorney to research whether homeowners could be asked
to agree to form an assessment district at some future time when neighborhood-wide
undergrounding could be accomplished.
ANALYSIS
Historically, the Town has facilitated undergrounding by forming special assessment districts
under the Municipal Improvement Act of 1913 (Streets & Highways Code ~~10000 et seq.) and
issuing bonds under the Municipal Improvement Act of 1915 (Streets & Highways Code ~~8500
et seq.). State statues governing these actions establish procedures for providing affected property
owners with notice and opportunities to object. If a sufficient number of property owners object,
the proceedings must be abandoned. The question before us now is whether a property owner can
validly waive his right to object to the formation of a district and levying of assessments for
undergrounding purposes in a manner that will bind both himself and subsequent owners of the
property .
I have found no statutes or caselaw that expressly allow such contracts. However, there are code
provisions that suggest that such a contract would be enforceable. Streets and Highways Code
~~2804 and 2804.5 allow owners to waive their rights to protest against and stop a proposed
assessment district in a petition for improvements. The Code limits, however, the effect of such
waivers where the district proceedings are for the financing and improvements of streets pursuant
Undergrounding Requirements
Page 2 of 2
March 27, 1998
to a contract between a subdivider and the Town (Streets & Highways Code ~2804.1) or where
the petition and waiver is signed by an owner of more than 40 percent of the property to be
assessed (Streets & Highways Code ~2804.3). There are no other sections that appear to limit a
property owner's ability to waive his rights to object to the formation of an assessment district.
The undergrounding policy in question operates where a property owner is planning to remodel
an existing home. In the normal case, neither of the two code sections cited above would apply.
The absence of any other limitations of the right to waive suggests that in our normal remodeling
situation, the property owner could, on behalf of themselves and future owners, validly agree to
the formation .of the district at some point in the future and waive the right to protest such
formation.
It should be noted that the law is not certain on this point. However, several practical
considerations alleviate the legal uncertainly in this realm. As noted by the Building Official in
his Staff Report dated February 27, 1998, undergrounding in existing neighborhoods is generally
only effective where the homeowners form an assessment district. This is because the current
underground policy involves only the undergrounding of private lateral facilities on private
property and not the overhead facilities above the street. Thus, under the current policy we are
only likely to achieve undergrounding on a neighborhood-wide basis with the consent of a
majority of the affected property owners. That being the case, there is little downside risk to
request consent to the assessment district in lieu of requiring immediate undergrounding of the
lateral facilities.
RECO~NDATIONS
That the Council consider the recommendations of the Building Official in his Report dated
February 27, 1998. In the event that the Council decides to modify the current policy to allow
some or all affected property owners to defer undergrounding until it can be accomplished on a
neighborhood-wide basis, the Council should direct staff to prepare the appropriate amendment
to ~12-A of the Municipal Code. This amendment should require that any owner that does not
underground as part of their remodeling project sign an agreement in a form acceptable to the
Town Attorney, wherein the owner agrees, at a minimum, to: sign a petition for the creation of
an assessment district to underground facilities in the neighborhood; waive all rights to object to
the creation of such a district; take any other steps necessary to achieve the undergrounding,
including undergrounding their privately owned lateral facilities. This agreement should be in
recordable form and run with the land.
Redwood High School
395 Doherty Drive Larkspur CA 94939 415.924.6200 Fax 415.945.3675
6 March 1998
RECEiVED
MAR - 9 1996
Mr. Robert Kleinert, Manager
City of Tiburon
1155 Tiburon Blvd.
Tiburon, CA. 94920
TOWN MANAGfPS N::ICE
TOWN Of IIBU"ON
Dear Mr. Kleinert,
Planning has begun for this year's REDWOOD GRAD NIGHT which will be held on June 10 1998 for 300
graduating seniors. It is the traditional all night bash held after the graduation ceremonies as a safe and
sober altemative to the hazards of less structured celebrations. The alcohol and drug-free event will mark
its eleventh successful year by providing one last opportunity for the 1998 graduates to be together as a
group and appreciate an unforgettable party. It also keeos them safely off the highways and not oartving
in our communities.
Last year's GRAD NIGHT was an enormous success with over 95% of the class attending. The entire
Mt. Tam Racquet Club in Larkspur was decorated to reflect a westem theme and its athletic facilities were
made available for swimming, basketball, tennis, and volleyball. Other activities included a dance floor,
magicians, raffle prizes, food, and much more to captivate the grads throughout the night.
Parents and volunteers bear most of the cost of this event, but additional community funding is needed.
Each year we count on donations from all local cities and towns, police and fire departments, and many
major business and community organizations. Tiburon has a large group of Redwood Seniors who need
to know that their city supports them. Redwood High School appreciates your generous past
contributions, including last year's significant donation of $500, which was acknowledged in school and
local publications including The Marin Independent Journal. In exchange for your donation, we will
contact you to discuss an opportunity to have a group of students perform community service in your area.
Can we count on your continued support for this worthwhile event?
Thank you for supporting our efforts for a safe graduation,
G..u..u- lA)~
Colleen Williams 924-4830
1998 Redwood Grad Night Committee Chairperson
Checks are payable to: REDWOOD HIGH SCHOOL GRAD NIGHT and mailed to:
GRAD NIGHT, REDWOOD HIGH SCHOOL, 395 DOHERTY DRIVE, LARKSPUR, CA 94939
" Your biggest task is not to get ahead of others, but to surpass yourself." - Author Anonymous
0:,$,'.25,.9"-:1 WED l:;;Oi FAX .a5 -1:35 U-I:3U
CITY-BELVEDERE
H~ TI Bl;RO,
1iI 002
1leM. iF(L
CITY OF
BELVEDERE
Memorandum
~
March 17, 1998
TO: Belvedere- Tiburon Disaster Council & City!T own Councilmembers
FROM: Ed San DiellO, City Manager ~
SUBJECT: Neighborhood Emergency Response Team (NERT) orientation for local
officials
The date for the NERT training/orientation for local officials on the Tiburon Peninsula
has been rescheduled for Saturday, May 23 from 9 AM to 4 PM in the Founder's Room
at the Belvedere Community Center. Please call Sally Burr at 435-2355, during office
hours, or 435-3838 (to leave message after hours), no later than Monday, March 30lb to
let her know if you will be there.
The training/orientation should prove enlightening and entertaining for all participants
and it will provide hands-on experience in basic emergency response and operations.
c.'~L"""''''.n4'C/lMl.I'/'''''~\S~n.kfn\JMfllNLR1'lnIi'';",..
~#/j
TOWN OF TIBURON
MEMORANDUM
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To:
Town Council
Planning Director
Heritage & Arts Commission
Historic District Workshops
March 26, 1998
From:
Subject:
Date:
The two Historic District Workshops, originally scheduled for Monday, March 23 and April 25
have had to be rescheduled. Below are the dates we are now proposing.
Workshop I
Tuesday, April 21 - 6:00 p.m. to 8:30 p.m.
Workshop II
Thursday, May 14 - 6:00 p.m. to 10:00 p.m. OR
Monday, May 18 - 6:00 p.m. to 10:00 p.m.
We have avoided weekend meetings in orderto accommodate more people's schedules. Would
you please review these dates and let me know at your earliest convenience which you can attend.
Architect Mathews will be providing a light super for these meetings.
Thank you for helping to facilitate these educational sessions.
~~
Joan Palmero
Staff Liaison
Heritage & Arts Commission
cc: Town Manager
Glenn David Mathews
H&A
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 4/1/98
/1
To:
From:
Subject:
Date:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR ~
VACANT LAND INVENTORY UPDATE
MARCH 26, 1998
BACKGROUND
Earlier this year, Staff prepared for the Planning Commission an update of the Tiburon
Peninsula's Vacant Land Inventory. This inventory is derived from a data base jointly prepared by
the Tiburon Planning Department and Marin County Community Development Agency. It is
intended to reflect the maximum density allowed on undeveloped and underdeveloped parcels, but
is of course based on numerous assumptions and represents only the best information believed to
be available at this time.
This update (including the map) is now forwarded to the Town Council for its information, along
with the written report prepared for the Planning Commission.
Staffwill be more than happy to answer any questions the Town Council may have at the
meeting.
EXHIBITS
A. Planning Commission Staff Report from March 11, 1998 meeting.
B. Remaining Development Potential Map dated 2/98.
Vacanttc.rpt
Tiburon Town Council
Staff Report
4/1/98
1
TOWN OF TIBURON
STAFF REpORT
ITEM NO.. . ~
:MEETING DATE: 3/11/98
To:
From:
Subject:
Date:
PLANNING COMMISSION
SCOTI' ANDERSON, PLANNING DIRECTORS;~..
VACANT LAND INVENTORY UPDATE
MARCH 6, 1998
,
BACKGROUND
The issue of potential remaining development on the Tiburon Peninsula (including Strawberry)
was raised at a recent Planning Commission meeting. Concern was expressed about the
seemingly large number of potential units which could be constructed on the Peninsula, especially
with respect to additional traffic along Tiburon Boulevard. A number in excess of900 units was
mentioned at the meeting, which Staff characterized as being far too high.
In order to respond to (and hopefully assuage) some of the Commission's concerns, Staffhas
completed an update of the Vacant Land Inventory data base for the Peninsula, which had been
previously updated in August 1995 in preparation for the Easton Point (Martha Company) EIR
and for an updating of the Town's traffic mitigation fee schedule.
DISCUSSION
Please find attached a 24" X 36" map of the Tiburon Peninsula showing the remaining dwelling
unit potential by geographic area based loosely on traffic zones. Attached to the map is a table
distributing dwelling unit potential by jurisdiction (Tiburon, Belvedere, Marin County). A follow-
up map is being prepared which highlights development potential on a parcel-by parcel basis.
Preparation of this map is very labor-intensive, and the map is not likely to be completed for
several weeks.
The updated data base indicates that there is a total remaining development potential of
approximately 584 dwelling units on the Peninsula, as follows:
Town ofTiburon
Marin County
City of Belvedere
TOTAL
192
374
II
584
Tiburon Planning Commission
Staff Report
3/11/98
1
EXHIBIT NO.
A
This number of potential future units constitutes an approximately 7% increase over the existing
number of dwelling units on the Peninsula, meaning that the Peninsula is approximately 93% built
out.
Due to the geographic distribution of the vacant parcels, a full 40% of dwelling units yet to be
built are unlikely to use Tiburon Boulevard on a frequent basis, and especially not during morning
and afternoon commute hours. This leaves an approximate total potential of354 new dwelling
units which are "tributary" to Tiburon Boulevard. Based upon historical development trends, this
maximum number of potential units will probably not be constructed for any number of reasons,
and in reality, the Peninsula is probably at least 95% built-out.
Staffwill be making an oral presentation of the map at the meeting, and will respond to any
questions at that time.
EXHIBITS
1. 24" X 36" map showing development potential by area (Commissioners only).
2. Chart showing remaining development potential by subarea (attached to Commissioner's
maps).
Tiburon Planning Commission
StafJReport
3/11/98
2
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OBSERVATION: The parking structure is totally detached from the home. It is 30
feet west of the residence and has a separate foundation which is 20 feet higher on
the slope than the house. The proposed garage, will NOT have plumbing, gas, heat
nor insulation, and there will be only minimal electrical wiring.
ABOVE: View of residence and entry deck as seen from the parking deck.
BELOW: View of parking deck from the front door ofthe residence.
OBSERVATION: The concrete deck, foundation, support beams and retaining
walls have all been in place for many years. The proposal is simply to build a
wooden structure on top. No additional public space will be used.
ABOVE: View of existing parking deck from the street.
BELOW: View of existing parking deck from the residence.
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