HomeMy WebLinkAboutTC Agd Pkt 1999-10-20
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
INTERVIEWS:
October 20,1999
7:30 P.M.
None
7:15 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) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5)
Speak Directly into Microphone.
A. INTERVIEWS - (DESIGN REVIEW BOARD VACANCY)
1) Jack Mavis, 7:15 p,m,
B. ROLL CALL
C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
D. 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,
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
F. 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 - No, 1171 - September 1, 1999; No, 1172-
September 15,1999 - (Adopt)
3) TOWN MONTHL Y INVESTMENT SUMMARY - As of August 31, 1999 - (Accept)
4) MAIN STREET ACCESSIBILITY PROJECT - Memorandum of Understanding with
Sanitary District No,S - (Authorize Execution)
5) CYPRESS HOLLOW LIGHTING & LANDSCAPING DISTRICT - (Adopt
Resolution for Continued Maintenance and Operation of District)
6) SHORELINE PARK LIGHTING SYSTEM REPAIRS - (FY 99-2000 Budget
Amendment)
7) TOWN HALL - SPRINT PCS SITE AGREEMENT - (Amendment)
G. APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES
8) DESIGN REVIEW BOARD - (One Vacancy)
H. PUBLIC HEARING
9) NED'S WAY & TffiURON BOULEVARD: NED'S WAY GARDEN HOMES
PROJECT; Ned's Way Garden Homes, LLC, Applicant - AP No, 058-151-35,
The Town Council will hear public testimony on the merits of a proposed 25-unit
senior housing project located on 1.51 acres ofland and will consider the certification
of the Final Environmental Impact Report for the project, - (Resolution)
10)MAIN STREET RECONSTRUCTION ACCESSffiILITY PROJECT - (1-55 Main
Street) - Adoption of Negative Declaration and Approval of a proposal to raise and
widen existing sidewalks, raise the street pavement level, create additional pedestrian
crosswalks, narrow an existing travel lane, and reduce on-street parking spaces on
Lower Main Street - (Resolution)
ll)ZELINSKY PARKIRAILROAD MARSH FLOODPLAIN PROJECT - Located
behind the Bel/Tib Library and Town Hall buildin~s (1501 & 1505 Tiburon Blvd,) -
Ordinance Establishing Processing Procedures - (20 Reading and Adoption)
I. UNFINISHED BUSINESS
12)DOWNTOWN FERRY DOCK REALIGNMENT PROJECT - (Consider Status &
Review Options)
J. NEW BUSINESS
13)FIRST QUARTER BUDGET REPORT - FY ENDING 6/30/2000
K. COMMUNICATIONS
14) SPECIAL EVENT PERMITS - (Saturday, October 24, 1999)
A. Pet Paws Parade - (Lower Main Street)
B, "Kosovo Sleep Safe Project" - (Walk along Multi-Use Path)
L. ADJOURNMENT
Future Town Council MeetinflS
-November 2, 1999 - Election
-November 3, 1999 - Regular Meeting
-November 9,1999 - Swearing In of Council-Elect
-November 17, 1999 - Regular Meeting
Future Aeenda Items
--Traffic Safety Committee Meeting kfinutes - October 14, 1999 - (November 3)
--Introduction of Police Reserve Officers Higgins and Swift - (November 3)
--Design Review Board Appeal of Approval of Second residence at 160 Solano Drive - (November 3)
--Adopt new Chapter to Tiburon Municipal Code re: Regulation of Firearms - (November 3 - Introduction)
--Amendment to kfiraflores - 2 Miraflores Lane, AP No, 39-271-21 - (Applicant, Davood Sadeghi) - (November 17)
NAylE: Jack Mavis
MAILING ADDRESS: 407 Paradise Dr. Tiburon
TELEPHONE: Home: 435-2437 Work: same Fax No.
PROPERTY OvVNERS' ASSOC. (Ifappticable) Pt. Tiburon - Bayside
TIBl1WN RESIDENT: (Years) 13 DATE SLBMITTED: 9/17/99
I've been involved with communitv planning & development for
many Years - such thRI' T fF'F'T thRI' T cOlllrl provirlF' iopnl' "on
assistance,
T Y'l~n hjlu9 thg time to aeoist the Planning C0FRFRiGsiofl in
the finest location we have ever lived.
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Graduate of Brown University - RA _ M"l'h
Graduate of Univ. of Michigan - MBA
'T're>.;:; ~ll""O"" r"'If" t-h9 Bo:srg gf J)irg9tQr~ for Pt.. Tiburon
siTlce 1998
Previous member of other homeowner boards in CA for several YF'ars _
involved with developmental planning
Real estate investor with CA real estate license
E3.y~ide
Retired Transamerica Corporation senior executive with 7 plus years
in the real estate field
-----------------------------------------:-- Town Hall l'se u_______________________________________________
_ Date Application Received:
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Inteniew Date:
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_ Appointed to:
(Commission. Board 0" Committee)
(Date)
_ Date Term E.xpires:
Length ofTe.'m:
jm 12.95
RECEIVED
SEP 2 0 1999
2
TOWN MAljAGERS OFFICE
TOWN OF nsURON
~ #.2.(2
-
TOWN COUNCIL
MINUTES
DRAFT
CALL TO ORDER
Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:35 p,m,
on Wednesday, September 1, 1999, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California,
A, ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
Bach, Gram, Matthews, Thompson
Hennessy
PRESENT: EX OFFICIO:
Town Manager Kleinert, Town Attorney Danforth,
Planning Director Anderson, Senior Planner
Watrous, Associate Planner Theriault,
Superintendent of Public Works Iacopi, Town Clerk
Crane
R ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
Mayor Bach said the action taken in closed session would be announced during "New Business--
Town Manager's Compensatioll- (Resolution),"
C PUBLIC QUESTIONS AND COMMENTS
None
D, COUNCIL. COMMISSION & COMMITTEE REPORTS
1) NEW POLICE STATION STATUS REPORT & OFF-SITE IMPROVEMENTS - (Project
Managers Wilson & Kern)
Project Manager Wilson gave a lengthy report detailing the fact that the project was on budget
but still not on schedule, He said that 14 change orders had recently been processed in the
amount of$21, 053, which was way under the contingency budget of$160,000, He noted that
the landscaping for the building had been installed by Public Works, and that the furniture for the
building was mostly there,
Wilson noted that the off-site street improvements had been on and off due to disputes with the
utility companies. He said the most recent dispute was with MMWD over the extension of the
fire hydrant line, Wilson said that contract would dig a joint utilities trench to resolve some of the
Issues.
2) A TTITCI SYSTEM UPGRADE IN TIBURON - (Mayor Bach, David Kerr (AT&T), Pony
Krueger (PG&E)
David Kerr, Director ofGovemment Services for ATTITCI, detailed the proposed expansion in
Town Council Minutes #1171
September 1, 1999
Page 1
Marin County which would allow both an increased number of [cable] channels, as well as adding
high-speed internet access to all service-area customers, Eventually, Kerr said, his company
planned to add telephone service, as well.
Kerr said there were still some areas of Tiburon that did not have cable service, in particular, one
large pocket in the Sugarloaf area, He said that because the utilities were not undergrounded in
this area, it would be a "big ticket" item to expand cable service, His estimate was between $600
and $800,000,
Mayor Bach asked if ATT/TCI was planning to extend service to the aforementioned area, Vice
Mayor Gram asked not if, but when, Kerr suggested a meeting with the homeowners in the area,
During public hearing, Dr. Trahms, Sugarloaf resident, said he had conducted a survey in which
75% of the affected homeowners said they would subscribe to ATT/TCI services if they were
offered in the area,
A Paradise Drive resident also wanted to know when cable would be extended to his area,
Mayor Bach said the expansion of the ATT/TCI service meant larger utility poles, He noted that
the City of Belvedere had 450 poles, only 10 of which would be heightened as a result of the
expanSIOn,
Jocelyn McDonald, Hilary Drive, complained that when TCI did its last big cable expansion, the
new lines and poles went down Hilary Drive, which placed an unfair burden on their
neighborhood, She said she did not want this to happen again,
Mayor Bach closed the public hearing,
Jeff Richardson, senior Project Manager, PG&E, said more 41 poles needed to be replaced within
the Tiburon Town limits to accommodate the expansion: 2 on Eastview, 35 in the Trestle Glen
area, and 4 or 5 in the Reed area, He said the poles had to be replaced to provide space for TCI
to get on them, Richardson anticipated that the project would be complete by October 1.
Councilmember Matthews asked how much more equipment was going to be placed on the poles,
Richardson said the amount of equipment was dictated by the tenant, in this case TCl.
Mayor Bach asked ifPG&E could notify either Public Works or the Building Department before
they installed the poles and their exact location, Richardson said a list oflocations could be
provided,
Sarah Eckvall, resident of Eagle Rock, said a huge pole had been placed in her area, which was
now blocking the view from her family's deck, She said they had spent their savings to add a new
story onto the house, which was now compromised,
Town Council Alinu/es #1171
September 1, 1999
Page 2
Me, Richardson responded that PG&E was not in the business of ruining views but was required
by law to accommodate its tenants, joint owners or facilities,
E. CONSENT CALENDAR
3) AMICUS BRIEF REQUESTS - a) Headlands Reserve LLP v, City of Dana Point, 4th Civil
No. G024366; b) Kathleen R. v, City of Livermore, Cal. Ct. App, 1" Dist., Div, 4 - (Approve)
4) 2223 & 2227 CENTRO EAST STREET - Town Council Denial of Appeal of Conditions of
Approval - (Adopt Resolution)
5) TOWN COUNCIL MINUTES - #1169, August 4,1999 - (Adopt)
6) NOTICE OF COMPLETION - STREET MAINTENANCE PROJECT NO, 98-SM-OI
(Including Flood Control Zone $4 Curb, Gutter and Drainage Improvements in the Bel Aire
Neighborhood) - (Adopt Resolutions)
7) REQUEST FOR WAIVER OF ANNEXATION: 3564,3600 & 3628 PARADISE DRIVE;
Marion Hill, Lawrence & Nancy Goldberg, and Ruth Goldstein, Owners & Applicants - AP
Nos, 38-031-12, 04 & 05 - (Approve Agreement between Owners & Town of Tiburon)
MOTION:
Moved:
Vote:
To approve Consent Calendar Items 3 through 7, above
Matthews, Seconded by Thompson
AYES: Unanimous
ABSTAN: Gram, August 4, 199 Minutes
ABSENT: Hennessy
F. PUBLIC HEARING
8) AMENDMENT TO ZONING ORDINANCE - Design Review for Utility Poles -
(Introduction and First Reading)
T own Attorney Danforth said the proposed ordinance had been prepared at the direction of the
Town Council and had been sent to the Planning Commission for review and comment. She said
the gist of the ordinance was to require Design Review approval before PG&E established,
replaced or enlarged its facilities,
Danforth said the purpose was not to block that State mandate of the utility companies, but rather
to allow them to offer conditions which would mitigate the effects of expansion or enlargement,
and to provide notice to impacted neighbors, She said it would also allow the Town to impose
conditions on said expansion/enlargement.
Vice Mayor Gram asked if the Ordinance covered larger wires and boxes on poles, Town
Attorney Danforth said the ordinance used the word "facilities" which was not clear and could be
amended.
Mayor Bach opened the public hearing,
Marie Gaynor-Murphy, PG&E Government Representative for Marin, Napa & Solano Counties,
said communication was at the heart of the debate, She said passing an ordinance was not the
Town Council J.\;finutes # 1171
September 1, 1999
Page 3
right direction to go since PG&E's mandates did not allow input into the size and shape of poles,
and further, that utility poles were not subject to CEQA,
Further, Murphy said, there were operational concerns, Any review might cause delays to her
companies' already tight construction schedule, not to mention an impairment of emergency "on-
the-spot" response,
She suggested instead an improvement in communication between the utilities and the Town,
Nina Nikolich, Director of External Affairs for Pacific Bell, said that ATT/TCI occupied the lower
space on the utility poles, along with Pacific Bell, She suggested the Town consider passing a
"notification ordinance" which would not impinge on the complex operations ofPG&E,
In response to a question from Vice Mayor Gram, Ms, Nikolich said the only thing other "view
oriented" communities have done to address this issue is to underground their utilities,
Vice Mayor Gram expressed skepticism at a so-called notification ordinance, suggesting it would
merely inform residents after the fact,
Both Nina and Marie Gaynor-Murphy responded that their companies attempted to check for the
best sites on a case-by-case basis before installing utility poles,
Mayor Bach noted that the older communities of Southern Marin were being hit harder with the
proposed pole changes than the newer (undergrounded) subdivisions,
Council member Thompson agreed that undergrounding utilities was in everyone's best interest,
and proposed increasing or escalating funds to do so,
Joe Keller, Hilary Drive, urged the Council to pass the ordinance, Jocelyn McDonald concurred,
Mayor Bach closed the public hearing,
Councilmember Thompson said design review would, in effect, be a notification process, Vice
Mayor Gram concurred, stating that it would allow a forum for feedback to the utilities,
Councilmember Matthews said he was not convinced that notification would help in the long run,
but agreed that it was in the best interests of the Council's constituents,
Mayor Bach expressed concern about the legality of such a review process, but questioned
whether the current process really worked,
Town Manager Kleinert said he felt strongly about letting the public review where poles were
placed, He said it might help avoid the "Hilary Drive" situation in the future,
Town Council Minutes # 1171
September 1, 1999
Page 4
Town Attorney Danforth said Council's concerns were well founded and agreed that the Town
could not contradict State Law, She said review of utility poles was not perfectly adapted to
design review, but it might allow a choice oflocations, for instance,
Danforth also said that the proposed ordinance should not adversely affect PG&E's regular
construction schedule, Planning Director Anderson added, in response to a comment by Mr,
Richardson, that he did not know of any [PG&E] business customers within the Town that would
require the addition of new poles,
Town Manager Kleinert said the burden of under grounding utilities should not be solely the
Town's, He said it should also be up to the utility companies to advocate for more Rule 20A
funding for projects,
MOTION:
Moved:
Vote:
To read ordinance by title only,
Thompson, seconded by Matthews
AYES: Unanimous
ABSENT: Hennessy
Mayor Bach read, "An Ordinance of the Town Council of the Town of Tiburon Amending
Chapter 16 of the Tiburon Municipal Code, Pertaining to Regulation of Utility Distribution Poles
and Facilities,"
MOTION: To pass first reading of above ordinance, with additional language concerning
"equipment on poles,"
Moved: Thompson, seconded by Gram
Vote: AYES: Bach, Gram, Matthews, Thompson
ABSENT: Hennessy
9) AMENDMENT TO KUHNS PRECISE PLAN (PD#31); 1,5 & 9 Stevens Court - (Adopt
Resolution)
Senior Planner Watrous said the proposed amendment was by the owners of the prop'erty at 5
Stevens Court, and consisted of an increase in floor area for all three parcels in the subdivision,
He said the Planning Commission recommended approval after contrasting the current application
to a previous denial in 1995,
Watrous said the amendment would increase the FAR by 1510 square feet to a total of 511 0
square feet. He said the current maximum called for in the precise plan was 3600 square feet,
including garage,
Councilmember Matthews asked if the amendment would affect the surrounding properties,
Watrous replied that the change was only within the applicant project's (5 Stevens Court) bulk
and mass,
Town Council Minutes #1171
September 1, 1999
Page 5
Watrous noted that the other two homes were already built and responded to Councilmember
Matthews' question further that any future expansion would be within the existing walls of those
two homes, Vice Mayor Gram reiterated this fact in considering approval of the amendment,
Mayor Bach opened the public hearing,
Tom Gallagher, representing the applicants, said he would answer any questions,
Nat Marans, Spanish Trail, urged the Council to stick with the Master Plan and not to let "castles"
be built everywhere in Tiburon,
Vice Mayor Gram said language should be added to the resolution precluding any variance to the
FAR allowance,
MOTION:
Moved:
Vote:
To adopt Resolution amending Kuhns Precise Plan, as amended,
Matthews, Seconded by Gram
AYES: Unanimous
ABSENT: Hennessy
10) APPEAL OF DESIGN REVIEW BOARD DECISION - 418 Greenwood Beach Road -
(Appeal of Design Review Board Decision placing conditions on addition to House) - AP
Nos, 55-031-04 & 55-121-08 - (Philip Richardson, Applicant/Appellant) - Continuedfrom
August 18, 1999
Mayor Bach noted the FAX from Mr, Richardson, dated August 30, 1999, requesting a
withdrawal of his appeal.
11) APPEAL OF DESIGN REVIEW BOARD DECISION - 435 Ridge Road - (Appeal of
Decision to grant Application for VarianceIDesign Review) - AP No, 59-082-22 - (Mark
Garay, Applicant; Fred & Casey Hannahs, Appellants) - 2nd Notice of Continuance
Request for Continuance noted,
12) APPEAL OF DESIGN REVIEW BOARD DECISION - 696 Hilary Drive - (Appeal of
Decision to Grant Variance for Remodel of Single Family Residence) - AP No, 55-212-04;
Marc & Jean Gineris, Applicants; Alfred & Jude Agajan, 694 Hilary Drive, Appellants
Associate Planner Theriault said the existing house was built on a substandard size lot which
allowed 33% lot coverage in a 30% zone, She said the Design Review Board had voted
unanimously to approve the variance with conditions,
Mrs, Agajan, 694 Hilary Drive, said that of the 40 original homes on Hawthorne Terrace, not one
had violated its original site plan up until now, She said she objected to Staffs characterization of
this particular lot as "substandard," and contended that all the lots were so, She said the proposed
Town Council Minutes # 1171
September 1, 1999
Page 6
changes to 696 Hilary would be a disruption to the neighborhood and a detriment to the public
good,
Jean Generis, 696 Hilary Drive, Applicant, responded to Council's questions, She said the new
chimney was on the downslope and the roofline had been raised only nine inches in consideration
of the neighbors, She said that she had met previously with Mr, Agajan who claimed to have no
objections to the project. She also noted that there had been remodels of at least six other homes
in the neighborhood, and that her own house had been remodeled once prior to she and her
husband's purchasing it, Finally, Ms, Generis noted that her request for an additional seven feet to
livingroom had been withdrawn,
During rebuttal, Mrs, Agajan said her husband had been raised in Japan where it would have been
considered impolite to object to something while being the guest in someone's home,
Mayor Bach closed the public hearing,
Councilmember Matthews noted there had been considerable upgrading of the homes within the
subject neighborhood over the years, and that the application was within the sideyard set-back
requirements,
Councilmember Thompson that the terracing within the neighborhood was thin and that any
changes to the existing homes did, in fact, affect views, He said he would vote to grant the
appeal.
Vice Mayor Gram said the question was how to adapt and upgrade to inevitable changes to older
homes, and suggested that some landscaping might be added,
Mayor Bach concurred with Gram and suggested that perhaps the fence would be raised to eight
feet for screening,
MOTION:
Moved:
Motion died,
To approve the project but keep the existing roofline,
Thompson, no second,
MOTION:
To deny the appeal and approve the application for remodel at 696 Hilary Drive,
with additional screening and landscaping,
Matthews, Seconded by Gram
AYES: Bach, Gram, Matthews
NOES: Thompson
Moved:
Vote:
Council moved to Item No, 16: CCC & PHHA AGREEMENT,
Town Manager Kleinert said that Council had set a deadline of30 days from the August 4
Council meeting for the two parties to reach agreement on their outstanding issues, He said Staff
Town Council Afinutes #1171
September 1, 1999
Page 7
had met with CCC & PHHA representatives on August 20, and was informed by CCC member
Dave Hudnut in subsequent conversation that the terms of the proposed agreement were generally
acceptable and would be presented to the CCC Board for their approval.
However, Town Manager Kleinert noted that he had received correspondence on Monday
(August 30) from PHHA stating that their [homeowners'] group now wanted 24 conditions
placed on CCC which were many more than the aforementioned proposal, Kleinert said that
Staff's reaction was that the neighbors were asking for too much,
In light of the failure of the two parties to reach agreement, Town Manager Kleinert
recommended that the Planning Commission review the Community Congregational Church's use
permit
Ann Lacey, President of the Pilgrim Heights Homeowners' Association, said CCC had previously
prohibited amplified music and that PHHA wanted that condition honored,
Ian Pearson said the 24 points were given as suggestions, not demands,
Town Attorney Danforth replied that the 24 conditions were extreme and the matter should be
sent straight to the Planning Commission, since whatever decision was rendered would probably
be appealed to the Town Council.
Dan Maskell, Rock Hill Drive resident since 1965, said he had been involved in negotiations with
CCC since 1980,
Council agreed to refer the matter to the Planning Commission for further action,
NEW BUSINESS
13) TOWN MANAGER'S COMPENSATION - (Resolution)
Mayor Bach said the Council had awarded a $10,106 per month (4% annual) salary increase to
the Town Manager, along with a $25 per month increase in medical benefits,
MOTION:
Moved:
Vote:
To adopt resolution adjusting Town Manager's salary and benefits, as noted,
Gram, Seconded by Thompson
AYES: Unanimous
ABSENT: Hennessy
G, APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
14) BICYCLEIPEDESTRlAN AD HOC ADVISORY COMMITTEE-
A. Appointment of CounciVCommission Volunteers
MOTION:
To appoint Andrew Thompson (Town Council); Lisa Klairmont and Nancy Knoble
(Planning Commission); Jordan Eth (pOSC); and Fred Mayo (Jt Recreation
Committee)
Town Council Afinutes # 1171
September 1, 1999
Page 8
Moved:
Vote:
Thompson, Seconded by Gram
AYES: Unanimous
ABSENT: Hennessy
B, Appointment of Public Volunteers
MOTION: To appoint Tyler Phillips and Peter Winkler to the Committee,
Moved: Thompson, Seconded by Gram
Vote: AYES: Unanimous
ABSENT: Hennessy
I. STAFF & TOWN MANAGER REPORTS
15) DOWNTOWN MAIN STREET ASSESSMENT DISTRICT - (Town Manager)
Town Manager Kleinert said the next step was a meeting with the property owners to determine
the assessment spread,
16) CCC&PHHA AGREEMENT - (Town Manager)
(See above)
17) TOWN NEWSLETTER - OCTOBER MAILING SCHEDULE - (Town Clerk)
Item noted,
I8)TOWN COUNCIL CANDIDATE ORIENTATION WORKSHOP - (Scheduled for
September 9, 1999)
Item noted,
19) ROUND HILL OAKS SUBDIVISION - Four lots off of Round Hill Road - (Oral Status
Report, Planning Director)
Planning Director Anderson said the new owner (TRI) would start work on the project next
week,
J. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Bach
adjourned the meeting at 11:00 p,m" sine die,
MOGENS BACH, MAYOR
ATTEST
Town Council Minutes #/ I7 /
September 1, 1999
Page 9
Moved:
Vote:
Thompson, Seconded by Gram
AYES: Unanimous
ABSENT: Hennessy
B, Appointment of Public Volunteers
MOTION: To appoint Tyler Phillips and Peter Winkler to the Committee,
Moved: Thompson, Seconded by Gram
Vote: AYES: Unanimous
ABSENT: Hennessy
I, STAFF & TOWN MANAGER REPORTS
15) DOWNTOWN MAIN STREET ASSESSMENT DISTRICT - (Town Manager)
Town Manager Kleinert said the next step was a meeting with the property owners to determine
the assessment spread,
16)CCC&PHHA AGREEMENT - (Town Manager)
(See above)
17) TOWN NEWSLETTER - OCTOBER MAILING SCHEDULE - (Town Clerk)
Item noted,
18) TOWN COUNCIL CANDIDATE ORIENTATION WORKSHOP - (Scheduled for
September 9, 1999)
Item noted,
19) ROUND HILL OAKS SUBDIVISION - Four lots off of Round Hill Road - (Oral Status
Report, Planning Director)
Planning Director Anderson said the new owner (TRI) would start work on the project next
week.
J. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Bach
adjourned the meeting at 11 :00 p,m" sine die,
MOGENSBACH,MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
Town Council Alinutes # 1171
September 1, 1999
Page 9
J~ -11.;; (1,)
DRAFT
TOWN COUNCIL
MINUTES
CALL TO ORDER
Vice Mayor Gram called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:36 PM, Wednesday, September 15, 1999, in the Town Council
Chambers, 1505 Tiburon Boulevard, Tiburon, California,
A, ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS: Hennessy, Matthews, Thompson, Gram
COUNCILMEMBERS: Bach
PRESENT:
EX-OFFICIO: Town Manger Kleinert, Town Attorney Danforth,
Planning Director Anderson, Minute Clerk McVeigh
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If Anv)
There was no Closed Session,
C PUBLIC QUESTIONS AND COMMENTS
Sam Barnett, an 11 year resident and student at Del Mar School, asked the
Council to consider passing an ordinance making it legal for electric scooters and
bicycles travelling less than 20 MPH legal on the bicycle path and streets, He
told the Council about his purchase of an electric scooter and subsequently being
pulled over by Officer Stoneham and advised the scooter was not legal in
California, He reported California Vehicle Code Section 21968 addresses
motorized skateboards, but not motorized scooters, He noted that if a person falls
off a motorized skateboard the board continues its travel and could injure
someone else, whereas a motorized scooter only has two wheels and immediately
falls over when there is not a rider He noted legalizing these scooters would
reduce traffic congestion (particularly at school), air pollution, greenhouse gases,
provide mobility for disabled persons and allow children fun,
Town Manger Kleinert recommended this matter be reviewed by the Traffic
Safety Committee,
Mr John Kern, 166 Stewart Drive, addressed the issue of deer population on the
peninsula, He noted the deer are becoming more brazen and doing a lot of
damage to private landscape. Mr Joe Keller, 699 Hilary, seconded Mr Kern's
concerns,
Town Council Minutes # 1172
September 15, 1999
Page 1
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
There were none,
E. CONSENT CALENDAR
MOTION:
Moved:
Vote:
to approve the Consent Calendar consisting of:
1. TOWN COUNCIL MINUTES - #1170 - August 18, 1999
2, AMICUS BRIEF REQUEST - Brewer v, City of Napa, 9th
Cir. Court of Appeals case No, 98-16460 (Approve)
3, BAYIDELTA WATER CONSERVATION - Support
Board of Supervisor's Resolution No, 99-106 (Resolution)
4, SUPPLEMENT AL LAW ENFORCEMENT FUNDS
("COPS") - Proposed Utilization ofFY 99-2000
(Resolution)
5, TOWN MONTHLY INVESTMENT SUMMARY (July
1999)
6, DENIAL OF APPEAL OF DESIGN REVIEW BOARD
DECISION - 696 Hilary Drive - AP No, 55-212-04 -
Marc & Jean Gineris, Applicants; Alfred & Jude Agajan,
Appellants (Resolution)
Hennessy, Seconded by Thompson
AYES: Unanimous
ABSENT: Bach
F. PUBLIC HEARING
7, AMENDMENT TO ZONING ORDINANCE - Design Review for Utility
Poles - Second Reading
Town Attorney Danforth reported Council approved first reading of the proposed
ordinance at their September 1, 1999 regular meeting, At that meeting Council
requested an amendment to the ordinance to clarify that the facilities covered
included, without limitation, lines, wires and boxes, This amendment has been
incorporated into the ordinance, She reported that Staff needs to come up with a
review process for the utility poles,
Vice Mayor Gram opened the public hearing, Being no response, Vice Mayor
Gram closed the public hearing,
MOTION:
Moved:
Vote:
to read by title only
Hennessy, Seconded by Thompson
AYES: Unanimous
ABSENT: Bach
Town Council Minutes # 1172
September I5, 1999
Page 2
Vice Mayor Gram read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TffiURON AMENDING CHAPTER 16 OF THE TffiURON
MUNICIPAL CODE, PERTAINING TO REGULATION OF UTILITY
DISTRIBUTION POLES AND FACILITIES",
MOTION:
Moved:
Vote:
to adopt seconded reading
Thompson, Seconded by Hennessy
AYES: Hennessy, Thompson, Matthews, Gram
NOES: None
ABSENT: Bach
Vice Mayor Gram requested Staff to respond back as soon as possible on the
process to be used for the adopted ordinance,
Town Manager Kleinert noted the purpose of the ordinance is to provide a forum
to understand what the utility companies are doing and why,
8, APPEAL OF DESIGN REVIEW BOARD DECISION - 430 Ridge Road -
(Appeal of Decision to grant variance for remodel of single family residence):
AP No, 55-212-04 - Mark Garay, Applicant; Fred & Casey Hannahs,
Appellants - Continued from August 18 & September 1, 1999 (Request for
continuance to October 6, 1999)
G. UNFINISHED BUSINESS
9, ZELINSKY P ARK/PLAZA IMPROVEMENTS (Review Conceptual
Plan)
Council member Hennessy recused herself
Town Manger Kleinert reported Mayor Bach has been working with Bruce Ross and
the Town Engineer in attempting to formalize some improvements to the area located
behind the new Library and Town Hall parking area for the proposed Zelinsky family
plaza,
Bruce Ross then reviewed a conceptual plan to grade the area, place a 6" pipe in the
drainage swale and cover the swale with earth, and realign the existing path, He
noted a 2% slope would be created from the drainage swale to the radius of the new
path, The plaza area would be cleaned up and defined, Later down the road, as funds
become available, the committee would like to see some more definition constructed
in the form of trees or trellis structure around the path, He has not done a cost
estimate for the preliminary work. If Council approves this plan in concept, then the
environmental review process could begin and a cost estimate put together.
Town Council Alinutes #1172
September 15, 1999
Page 3
Mr, Ross noted the grass outside the plaza area would remain natural. He has
reviewed the conceptual plan with Ed Zelinsky and Mr, Zelinsky is pleased,
Town Manger Kleinert reported the Mayor envisions a bench around the loop path
divided into sections to allow people to walk through,
Council recommended the Heritage and Arts Commission be requested to look into
some kind of memorial to the Zelinsky family, other than a plaque,
Councilmembers Thompson, Gram and Matthews expressed their desire to have the
plan proceed, Staff was directed to prepare an ordinance to streamline the process
H. STAFF & TOWN MANGER REPORTS
9, MAIN STREET ASSESSMENT DISTRICT (Oral Report by Town Manager)
Town Manager Kleinert reported on an informal meeting with some of the involved
property owners, and there was general agreement with those in attendance about the
proceedings, process, cost of the project, cost spread, and the method of spreading the
benefits, He noted certain changes are being made by the Assessment District
Engineer in the benefit allocations, He expressed his concern that the process takes a
certain amount of time and things must keep moving in order to meet the
January/February 2000 construction period, He noted that Bond counsel will be
sending out a request to the property owners to eliminate the protest period after
Council action, if there is unanimous agreement by the property owners,
I. COMMUNICATIONS
11, PROPOSED COUNTY JET SKI ORDINANCE (Memorandum to Marin City
and Town Managers, dated September 7, 1999)
Town Manager Kleinert reported the proposed ordinance has been reviewed by the
Planning Director and Chief of Police, Their question is how would the Town enforce
the Ordinance? He noted the ordinance makes sense in Richardson Bay because of the
Audubon society. He recommended the Town support the ordinance if the RBRA
supports it also, Councilmember Thompson noted the County has a new rescue boat and
two jet skis for enforcement.
Planning Director Anderson noted the Town would have to draft its own ordinance, He
feels it would be nice to keep jet skis out of Richardson Bay but is not sure keeping them
out of San Francisco Bay would be appropriate, Town Manger Kleinert questioned if the
Town wants an ordinance on the books that it can not enforce, He noted the Town could
ask the county of enforce the ordinance,
Town Council iv/inutes # J J 72
September J 5, J 999
Page 4
Council member Thompson will be representing the RBRA before the County on this
matter and he will report back to the Council on any discussion/action taken by the
County,
J, ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon, Vice Mayor
Gram adjourned the meeting at 8:35 PM, sine die,
THOMASGRAM,~CEMAYOR
Town of Tiburon
ATTEST:
DIANE L. CRANE, TOWN CLERK
Town Caunci! Minutes #1172
September 15, 1999
Page 5
TIBURON TOWN COUNCIL
STAFF REPORT
Meeting:
To:
From:
Subject:
October 20,1999 Item:
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
MONTHLY INVESTMENT SUMMARY REPORT.
AS OF THE MONTH ENDED AUGUST 31, 1999
CONSENT # .3
TOWN OF TIBURON
Institution! Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $3,686,197 5,225% Liquid
Investment Fund
(LAIF)
T otalInvested: $3,686,197
TIBURON REDEVELOPMENT AGENCY
Institution! Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $740,291 5,225% Liquid
Investment Fund
(LAIF)
Bank of America Other $0
T otallnvested: $740,291
Notes to table infonnation:
State of California Local Agency Investment Fund (LAIF): the interest rate represents the effective yield for the
month referenced above, The State of California generally distributes investment data reports in the third week
following the month ended, (As received September 23, 1999)
Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and
the Tiburon Redevelopment Agency, and is in confonnity with State laws and the Investment Policy adopted by
the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet
next month's estimated expenditures,
&_~cr
Wednesday, October 6, 1999
cc,e: Town Treasurer
TOWN OF TIBURON
STAFF REpORT
To:
From:
Subject:
MAYOR AND TOWN COUNCIL
ANN R. DANFORTH, TOWN ATTORNEY
COORDINA nON OF MAIN ST. PROJECT WITH SEWER PROJECT
MEMORANDUM OF UNDERSTANDING WITH SANITARY DISTRICT
ITEMNO 4-
Date:
October 20, 1999
BACKGROUND
The Town is in the process of forming the Lower Main Street Assessment District, which will
construct substantial improvements on lower Main Street, Sanitary District No, 5 of Marin County
intends to replace its underground sewer pipe under lower Main Street during the same period, For
reasons of both efficiency and economics, Town and District staff believe that the District and Town
should coordinate the two projects,
ANALYSIS
The MOU provides for the simultaneous construction of the Town's Main Street Improvement
Project ("Improvement Project") and the District's sewer replacement project ("Pipeline Project"),
The Pipeline Project will be included in the bid package for the Improvement Project in the form of
an alternate, The District will 'pay all costs associated with the Pipeline Project, In addition, the
MOU identifies certain components of the Improvement Project that are considered Joint Costs,
These components consist of specified portions of brick sidewalk, curb and gutter and asphalt
overlay, The two agencies will each pay fifty percent (50%) of the Joint Costs,
Both the Town Attorney and the Town Engineer have reviewed the MOU The Town Engineer
determined the components of the Improvement Project that should be considered Joint Costs, The
Board of Directors for the District approved the MOU on October 4, 1999,
RECOMMENDA nON
That the Council consider and approve the proposed Memorandum of Understanding and authorize
the Mayor to execute it on behalf of the Town,
Main SI, Sani DisIMOU, 10-20-99
PATRICK T, MIYAKI
PARTNER
DIRECT DIAL 415 995 5048
E-MAIL pmiyaki@hansonbridgett.com
HRnson
BRIDGHI
m~H~~
H~~~~
~~~Hl~
October 5. 1999
Ann Danforth
City Attorney
City of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Re: Main Street - Memorandum of Understanding
Dear Ms, Danforth:
I enclose for your review duplicate originals of the revised Memorandum of Understanding
between Sanitary District No, 5 and the Town of Tiburon in connection with the Main Street
improvements, As I explained in my voice mail message last week, the revised MOU
incorporates all the revisions set forth in your September 3 and 7 letters to me, The Board of
Directors for Sanitary District No, 5 approved the MOU last night.
Please review the MOU and, if satisfactory. please (1) arrange for it to be approved by the Town
Council and executed by the Mayor and Town Clerk, and (2) provide both originals to Skip
Knauber who will arrange for the documents to be executed by the District. If you prefer, Skip
will arrange for the President and Secretary of the Board to execute the MOU before it is
presented to the Town Council.
If you have any questions or if you want to discuss this matter further, please do not hesitate to
call me, Thank you for your assistance,
/lj;"1~
Patrick T, Miyaki
PTM:jsl
Enclosures
cc (w/encl.): Skip Knauber
LAW OFFICES
SAN FRANCISCO
MARIN
333 MARKET STREET. 2JRD FLOOR
SAN FRANCISCO. CA 9<4105-2173
TELEPHONE 415.777.3200
FACSIMILE4IS'S<41 ,9366
EMAIL HANSON@HBMVR.COM
80 E. SIR FMNCIS DRAKE BLVD, SUITE JE
LARKSPUR, CA 94939
TELEPHONE4\S.':l25.8400
FAC51MILE415 925'S'r09
EMAIL GGIACOMINI@HBHVR.COM
734337,1
MEMORANDUM OF UNDERSTANDING
BETWEEN
SANITARY DISTRICT NO.5 OF MARIN COUNTY
AND
TOWN OF TIBURON
FOR
MAIN STREET SEWER PIPELINE REPLACEMENT
THIS AGREEMENT is made on this day of , 1999 by and
between Sanitary District No, 5 of Marin County ("District") and the Town of Tiburon
("Town"),
RECITALS
WHEREAS, the Town is in the process of planning to construct improvements
("Improvement Project") to a portion of Main Street in the Town of Tiburon between
Street and Street, as more specifically shown on the
attached map (referred to herein as "Lower Main Street"), and the Town will be engaging a
contractor to perform the work,
WHEREAS, the District is in the process of planning to replace its underground sewer
pipeline located along and under Lower Main Street ("Pipeline Replacement Project"),
WHEREAS, the District and the Town desire to construct the Improvement Project and
the Pipeline Replacement Project (collectively referred to as "Projects") at the same time to
complete the Projects more efficiently and economically, and to minimize the disruption of the
Projects on the businesses operating along Lower Main Street and the general public,
AGREEMENT
NOW, THEREFORE, the District and the Town agree as follows:
I, District ResDonsibilities, The District shall do the following in connection
with this Agreement:
(a) Prepare Specifications for Sewer Pipeline Replacement. The District
shall prepare the technical specifications and drawings (" Sewer Specifications ") for the
replacement of the sewer pipeline under Lower Main Street and shall provide final, complete
Sewer Specifications to the Town for inclusion in the bid package for the Improvement
Project,
(b) Oversee and Inspect the Pipeline Replacement Project. The District
shall oversee the work of the Town's contractor with regard to the Pipeline Replacement
Project during the construction of the work, The District shall inspect pipeline replacement
707706.2
work to confirm that the contractor's work is completed and in full compliance with the Sewer
Specifications,
(c) Pay for the Pipeline Replacement Project. The District shall pay all
costs associated solely with the construction of the Pipeline Replacement Project, including,
without limitation, the cost of materials, supplies, services, labor, overhead and profit
("Costs"), In addition, the District will pay fifty percent (50%) of the Costs of the following
items of trench surfacing work, which are Joint Costs associated with both Projects:
(i) 386 linear feet by 3 feet wide brick sidewalk, totaling 1,158
square feet
(ii) 42 linear feet of curb and gutter
(iii) 42 linear feet by 1.5-foot wide asphalt concrete overlay, totaling
63 square feet.
In the event that the Pipeline Replacement Project involves other Joint Cost
items of work that are also involved in the Improvement Project, the parties will share all
Costs associated with said work on an equal basis, unless the parties agree that a different
allocation of costs is equitable, The process for paying the District's share of the costs is set
forth in Section 2(c),
2, Town ResDonsibilities, The Town shall do the following in connection with
this Agreement:
(a) Incorporate Pipeline Replacement Project Specifications, The Town
shall incorporate the Sewer Specifications provided by the District into the specifications for
the Town's Improvement Project. The Town shall prepare a Bid Form that separately itemizes
all components of the Pipeline Replacement Project and all components of the Improvement
Project. Components of the Improvement Project in which the District will share (such as
paving, sidewalk installation, and curb and gutter installation) will be included in the
Improvement Project portion of the bid, The Town will provide the District with an
opportunity to review and comment on the form of these documents, Additionally, Town shall
prepare the special provisions for the Projects and shall provide the District with an
opportunity to review and edit the special provisions as mutually agreed to by the Town and
District. The Town shall provide in the contract documents that all provisions applicable to
the Improvement Project shall be equally applicable to the Pipeline Project, The Town also
shall require the contractor to provide warranties and indemnities for the Pipeline Project
directly to the District. The Town shall require its contractor to indemnify and defend the
District, its directors, officers, employees and agents for damage and injuries arising from the
contractor's work under the contract and to provide adequate insurance naming the District, its
directors, officers, employees and agents as additional insureds,
(b) Solicit Bids and Award Contract, The Town shall advertise the
contract, solicit bids and award the contract in full compliance with all applicable competitive
2
707706.2
bidding laws, The Town shall give the District the opportunity to evaluate the bids and to
determine that it will not participate in the joint construction project if the bid for the Pipeline
Replacement Project unreasonably exceeds the District's estimate for the work,
(c) Pay for the Improvement Project, The Town shall pay the contractor
for all costs pertaining to the Project. However, prior to the Town's payment to the contractor
for costs for which the District is solely or partially responsible, the Town shall request that
the District approve the invoice to confirm that the work for the Pipeline Replacement Project
has been satisfactorily completed, The District shall respond to the Town's request promptly,
The District shall reimburse the Town for all costs that are the responsibility of the District as
set forth in Section 1 (c) of this Agreement as progress payment invoices are submitted to the
Town by the contractor. District shall pay all costs associated with the Pipeline Replacement
Project and its share of the joint costs, The District shall pay the Town such reimbursement
amount within twenty (20) days of District receipt of the progress payment invoice as
approved by the Town and District, The Town shall pay for all costs associated with the
Improvement Project, including the cost of materials, supplies, services, labor, overhead and
profit, and its proportionate share of all costs for work that affects the Projects,
(d) Change Orders. The Town and the District shall coordinate regarding
any necessary change orders for the Projects, All change orders for the Pipeline Replacement
Project shall be paid for by District, all change orders for the Improvement Project shall be
paid for by Town, and all change orders that affect both Projects shall be paid for equally by
the District and Town, unless the parties agree that a different allocation of costs is equitable,
(e) Claims. The Town shall administer any claims submitted by contractor,
The District shall reimburse the Town for all claims pertaining to the Pipeline Replacement
Project and for its share of claims pertaining to the work jointly affecting the Projects based on
the ratio established in Section 1 (c),
3, ResDonsibilities of District and Town,
(a) Cooperation, The District and the Town shall cooperate with each
other in performing the services covered under this Agreement by, among other things,
keeping each other informed of the time lines for the Projects, sharing information applicable
to the Projects, and coordinating to enable each entity to perform the services required under
this Agreement,
(b) Indemnity, Each party shall indemnify, defend and hold harmless the
other party and their respective directors, council members, officers, employees and agents
from and against any and all claims of liability for injury or damage to persons or property
arising from negligent acts or omissions and willful misconduct caused by each entity in the
performance of services pursuant to this Agreement,
(c) Term, The term of this Agreement shall commence upon the date first
written above and shall terminate upon the end of the warranty period established in the
contract specifications, unless the District does not participate in the construction project
3
707706,2
pursuant to Section 2(b) of this Agreement, in which case this Agreement shall terminate upon
District's election not to participate in the joint procurement,
(d) Notices, Each party shall designate a representative to serve as the day-
to-day contact during the term of this Agreement, Unless otherwise notified in writing, the
District Manager shall serve as the District representative and the Town Manager shall serve
as the Town Representative, All written notices shall be sent to the addresses below:
District: Sanitary District No, 5 of Marin
2001 Paradise Drive
P,O, Box 227
Tiburon, CA 94920
Attn: District Manager
Town: Town of Tiburon
1505 Tiburon Blvd,
Tiburon, CA 94920
Attn: Town Manager
(e) Applicable Law, This Agreement shall be governed and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above,
SANITARY DISTRICT NO, 5 OF MARIN
COUNTY
TOWN OF TIBURON
By:
By:
President, Board of Directors
Mayor
ATTEST:
ATTEST:
Secretary of the District
Town Clerk
4
707706.2
RESOLUTION NO.
#~
-
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CONTINUING
MAINTENANCE AND OPERATION OF THE LANDSCAPE
AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION
WHEREAS, the County of Marin has maintained and operated a Landscape and Lighting District in
Cypress Hollow, and received assessments from the parcels therein for the purpose of operating and
maintaining the following areas: (I) landscaping and irrigation of the sewer sanitary easement on the east
boundary, (2) entry landscaping and irrigation of the 30' storm drainage easement in the southwest boundary
area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow Development; and
WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in April
1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and
WHEREAS, the Town of Tiburon, having completed annexation of the parcels in the Cypress
Hollow District, herein states its intention to continue the operation and maintenance activities of the Cypress
Hollow Landscape and Lighting District heretofore the responsibility of the County of Marin,
NOW THEREFORE IT IS RESOLVED, as follows:
Section 1. The special assessment levy for the District in Fiscal Year 1999-2000 is established
as follows, for continued operation and maintenance District:
034,012,56 220 Rancho Dr, $378,00 034.394,01 10 Monterey Dr, $378,00
034,012,57 110 Monterey Dr, $378,00 034.394,02 20 Monterey Dr, $378,00
034,392,02 10 Cypress Hollow, $378,00 034.394,03 30 Monterey Dr, $378,00
034,392,03 20 Cypress Hollow $378,00 034.394,04 40 Monterey Dr, $378,00
034,392,04 30 Cypress Hollow $378,00 034,394,05 50 Monterey Dr, $378,00
034,392,05 40 Cypress Hollow $378,00 034,394,06 60 Monterey Dr, $378,00
034,392,06 50 Cypress Hollow $378,00 034,394,07 70 Monterey Dr, $378,00
034,392,07 60 Cypress Hollow $378.00 034,394,08 80 Monterey Dr, $378,00
034,392,08 70 Cypress Hollow $378,00 034,394,09 90 Monterey Dr, $378,00
034,392,09 80 Cypress Hollow $378,00 034.394,10 100 Monterey Dr, $378,00
034,392,10 145 Rancho Dr, $378,00 034,394,11 60 Baccharis PI. $378,00
034,393,01 110 Rancho Dr, $378,00 034.394,12 50 Baccharis PI. $378,00
034,393,02 120 Rancho Dr, $378,00 034,394,13 40 Baccharis PI. $378,00
034,393,03 130 Rancho Dr, $378,00 034.394,14 30 Baccharis PI. $378,00
034,393,04 140 Rancho Dr, $378,00 034,394,15 20 Baccharis PI. $378,00
034,393.05 150 Rancho Dr. $378,00 034,394,16 10 Baccharis PI. $378,00
034.393.06 160 Rancho Dr. $378,00 034.394,18 185 Rancho Dr, $378,00
034.393.07 170 Rancho Dr. $378,00 034.395,01 35 Monterey Dr, $378,00
03439308 180 Rancho Or. $378,00 034395,02 45 Monterey Or, $378,00
034.393.09 190 Rancho Dr. $378,00 034,395,03 55 Monterey Dr, $378,00
034.393.10 200 Rancho Dr, $378,00 034.395,04 65 Monterey Dr, $378,00
034.393.11 210 Rancho Dr, $378,00 034,395,05 75 Monterey Dr. $378,00
Total assessment charge to the parcels of the District: $ 16,632,00,
Town ofTiburon Continuance of Cypress Hollow District
October 20, 1999
Page 1
Section 2, The estimated District budget for Fiscal Year 1999-2000 provides for continuing
operating functions, and reserves funds for capital maintenance:
Contractual Services
Materials & Supplies
Tree Maintenance
Water
Storm Drainage & Runoff Maintenance
Contingency
Amount
$ 9,000
2,500
1,000
3,000
1,000
20,000
Total Estimated Budget:
$36,500
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on
Wednesday, October 20, 1999, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BY:
MOGENSBACH,MAYOR
ATTEST:
DIANE L. IACOPl
TOWN CLERK
Town ofTiburon Continuance afCypress Hol/ow District
Ocrober 20, 1999
Page 2
TIBURON TOWN COUNCIL
STAFF REPORT
o
MEETING: October 20, 1999
TO: TOWN COUNCIL
ITEM:
FROM:
SUBJECf:
RICHARD STRANZL, FINANCE DIRECTOR
SHORELINE PARK W ALKW A Y LIGHTING SYSTEM REPAIRS
FISCAL YEAR 1999-2000 BUDGET AMENDMENT
BACKGROUND:
This item is for authorization to expand the current capital project calling for the replacement of the light
fixtures and electrical system of the Downtown Shoreline Park Wa1kway Lighting System, which extends
from the ferry landing area along Paradise Drive to Elephant Rock.
DISCUSSION:
The system is comprised of 52 lights, most of which have been damaged and corroded by weather, The
electrical system has experienced extensive deteriorization and failure, In its current state the system presents
a health and safety problem,
Last Year, the Public Works Department initiated replacement of some damaged and corroded fixtures, The
current Capital Improvement Program includes an allocation of $4,000 from the Capital Outlay Reserve to
replace six (6) additional fixtures, While undertaking repair of 6 damaged fixtures the Public Works
Department identified and repaired an additional group of fixtures that was damaged and not functioning (at a
cost of approximately $6,000,)
There are 24 fixtures remaining to be replaced order to complete repair of the entire system, The Public
Works Department has received a proposal from the Republic Electric Company to complete replacement of
the Shoreline Park Walk'way Lighting System, For $19,800 - the company would install 24 bronzelight
walkway light fixtures, that match the fixtures installed last year in the Elephant Rock walkway area, and
replace the electrical wiring system that serves the light fixtures,
Fiscal Impact'
Additional funds in the amount of$26,000 would be allocated from the Capital Outlay Reserve, The Fund
has current available resources of $86,000, The revised available balance would then be $60,000..
RECOMMENDATION:
That Town Council authorize: (1) revision/amendment of the Capital Improvement Budget to fund repair of
the Shoreline Park Lighting System to completion; and (2)approve appropriation of $26.000 from the Capital
Outlay Reserve to fund the current additional work, and the repairs necessary to complete the project.
~ Str~1l >
Whalen & Company, Inc.
Sprint PCS Project Office
3875 Hopyard Road, Suite 245
Pleasanton, CA 94588
main office (925) 730-3941
Greg Sarab Project Manager
mobile (510) 541-3810
office (925) 730-3960
fax (925) 730-3999
13 October 1999
Robert L. Kleinert, Town Manager
Town of Tiburon
1505 Tiburon Blvd,
Tiburon, CA 94920
RECEIVED
OCT 1 4 1999
p V1IV :/f:l-
TOWN MANAGERS OFFICE
TOWN OF TI5URON
Re Amendment to pes Site Agreement
Letter to Planning Director
Sprint pes site FS04xc400 - Tiburon Town Hall
Dear Mr. Kleinert:
Please find, enclosed, four copies of the Amendment to PCS Site Agreement. As discussed, you need to
attach these to the 8- 1/2 x I I size drawings I provided last week with the previous draft of the
Amendment. I understand that the Town Council will hear this matter on the evening of October 20, and
once authorized, you will sign and return to me the four original copies of the Amendment and drawings,
Today, we also talked about Sprint PCS's desire to upgrade its electrical service at the Site, This involves
requesting and receiving new separate service from PG&E, and installation of a meter, We appreciate
your expression of support for this upgrade, In terms of construction, it would be preferable to place the
meter adjacent to the PPC Cabinet attached to the outdoor enclosure, subject to your approval.
. . .
I have also enclosed a letter to Scott Anderson, Planning Director, Town of Tiburon, explaining the
project and requesting his signoff that no zoning process is required, I would appreciate if you would
forward the letter to Mr, Anderson,
The proposed upgrades to this site will greatly improve the quality of Sprint PCS' s services in Tiburon,
On behalf ofRaj Raikar and everyone at Sprint, I thank you for your willingness to work with us,
Please contact me at (510) 541-3810 if! can provide any additional information,
Sincerely,
~~~~ctManager
Whalen & Company, Inc, (representing Sprint PCS)
(Page I of I)
Site Name: Tiburon Citv Hall
Cascade Number: FS04xc400
AMENDMENT TO PCS SITE AGREEMENT
Tenant: Sprint Spectrum L.P. ("SSLP'")
Owner: Town of Tiburon ("Owner'")
Property Address: 1505 Tiburon Blvd.. Tiburon. California 94920
Commencement Date ofPCS Site Agreement: June 25.1997 (the "Agreement'")
Current Rent: $30.000
Per: year
Additional consideration for relocation and use of existing PPC Cabinet and installation and use of Growth
Cabinet: $2.400 Per: vear
Owner and SSLP hereby agree that Exhibit ....!!:L of the Agreement is hereby:
Supplemented by Exhibit I hereto. to the extent that Exhibit I reflects the additional lease area to provide a
location for the relocated PPC Cabinet and means of connecting it to other SSLP equipment at the Site;
SSLP is granted additional lease area which is hereinafter included within the Site under the
Agreement for the purpose of SSLP relocating and using the existing PPC Cabinet, and installing
and operating additional growth cabinet(s} (radio equipment), the installation. operation, repair,
replacement and removal of which is to be governed by the terms of the Agreement, and is hereby
approved by Owner, When SSLP completes construction of its PCS facility, now and in the future,
there will be a total of --1- radio equipment cabinets,
Commencing on the first day of the month following the installation of the growth cabinet(s}, SSLP will
increase the annual rent paid under the Agreement by: $2.400 Per: vear , [frent is paid annually,
SSLP will make a pro-rated payment for the balance of current lease year.
SSLP may terminate this Amendment and remove the growth cabinet(s} at any time by notice to Owner,
Upon such a termination, all sums paid under this Amendment will be retained by Owner (unless termination
is due to Owner's failure to have proper ownership of the Property or authority to enter into this
Amendment), and the Agreement will remain in full force and effect pursuant to its original rent, terms and
conditions.
Except as is specifically set forth herein, all of the terms and conditions of the Agreement shall remain
unchanged and in full force and effect.
ThIs Amendment is effective on the later execution date of either party, as set forth below,
SSLP: Sprint Spectrum L.P,. a Delaware Partnership
Owner: Town of Tiburon
By:
By:
Michael Todd
Robert L. Kleinert
Its: Regional Director of Site Development - West Region
Its: Town Manager
Date:
Date:
Approved as to Form:
Tiburon Town Attorney Date
"Sprint. I
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TIBURON, CA 94920
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Whalen & Company, Inc.
Sprint PCS Project Office
3875 Hopyard Road, Suite 245
Pleasanton. CA 94588
main office (925) 730-3941
Greg Sarab Project Manager
mobile (510) 541-3810
office (925) 730-3960
fax (925) 730-3999
13 October 1999
Scott Anderson, Planning Director
Town of Tiburon
1505 Tiburon Blvd,
Tiburon, CA 94920
Via FedEx
Re Verification of nO zoning application required
Sprint PCS site FS04xc400 - Tiburon Town Hall
Dear Mr. Anderson:
Please recall our discussion last Wednesday in our meeting with Bob Kleinert, Town Manager, and the
Town Attorney, At that time, I showed you drawings of the current proposed upgrade project and
described the work to be completed. You concluded that this project does not appear to require a zoning
application,
I have enclosed a set of drawings for the project. The following facts are relevant:
The antenna upgrade has previously been approved through zoning;
The additional radio cabinet is simply a piece of electronic equipment to be installed;
The PPC Cabinet is to be relocated from the current interior location to a new exterior location inside
the existing enclosure housing the building's backup electrical generator.
By your signature below, you confirm that adequate information has been provided for you to determine
the required zonin process, and that no zoning application is required:
(0-/4-'1'1
Date
Scott Anderson, Planning Director
Town ofTiburon
Please return a signed copy of this letter to me at the above address, Contact me at (510) 541-3810 if! can
provide any additional information,
Thank you,
eg ra, roject Manager
alen & Company, lnc, (representing Sprint PCS)
(Page 1 of I)
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TOWN OF TIBURON
SPECIAL VACANCY NOTICE
(Town Commissions, Boards & Committees)
Unscheduled Vacancies - SEPTEMBER 1999
DESIGN REVIEW BOARD -
(Statutory Authority: Section 3,02 of Tiburon Zoning Ordinance)
Purpose:
The Design Review Board reviews and acts on applications for Site Plan
and Architectural Review, which can include plans for new residential and
commercial building, remodels, additions, accessory buildings, swimming
pools, fences, decks, and other structures, This review includes both the
site layout and architectural design characteristics of a proposal, Decisions
of the Board are final, unless appealed to the Town Council.
Qua1ifications:
Applicants for this Board need not* be residents of the Town ofTiburon,
however, they should have the interest, desire, and time available to help
promote the general welfare and aesthetics of the community through
proper regulation of site planning and architectural design, Formal
training, experience, or familiarity with architecture, design, and/or
landscape architecture are preferred but not required,
An unscheduled vacancy on the Design Review Board has occurred as follows:
Avvointees
Date Avvointed
Date Resifmed
Term Exvires
1)
Larry Doane
January 1997
September 1999 February 2003
(Moving out of area)
Interested residents can contact Tiburon Town Clerk Diane Crane at 435-7377, or pick up an
application at Tiburon Town Hall, 1505 Tiburon Boulevard,
Deadline for Avvlications = Sevtember 30, 1999
cc: Tiburon Town Council/Commissions
Planning Director/Town Manager
The Ark/Independent Journal
'Revised Notice Posted at Office ofTiburon Town Clerk and BelvederefI'iburon Public Library on September 8, 1999,
>"C'r:
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NA-"IE: Jack Mavis
MAILING ADDRESS: 407 Paradise Dr, Tiburon
TELEPHONE: Home: 435-2437 Work: same Fax No.
PROPERTY O"VNERS' ASSOC. (lfappticable) Pt. Tiburon - Bayside
TIBl"RON RESIDENT: (Years) 13 DATE Sl:BMITTED: 9/17/99
I've been involved with community planning & development for
many years - such thAt' T fppl t'hAt' T cOllIn provinp inpllt' -"nn
assistance,
T "QTT h.~'\T9 th9 time to :leGist the Pl3.RFling C:OFRmi:J3iafl ifl
the finest location we have ever lived.
Graduate of Brown Univprsity - RA - MAt'h
Graduate of Univ. of Michigan - MBA
T~A~Cl1.,...or l'If" rh9 BQ4rd of Dircs:torE fer Pt. Tiburon
BaysiEle
since 1998
Previous member of other homeowner boards in CA for severAl yeArs _
involved with developmental planning
Real estate investor with CA real estate license
Retired Transamerica Corporation senior executive with 7 plus years
in the real estate field
________________________________________c__ Town Hall lJ se ------___________________________________________
_ Date Application Received:
1d-C,-Ci'Cj
Intel'View Date:
ID-~-7/
T t'J-
_ Appointed to:
(Commission. Board 01' Committee)
(Date)
_ Date Term ["pires:
Length of Term:
Jm [2.95
RECEIVED
SEP 2 0 1999
2
TOWN MANAGERS OFFICE
TOWN OF T~SURON
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MAILING ADDRESS: '3 ,:,.. O~ C LA-v-....t{)"JJ ~ f.2..w4-D
TELEPHONE: Home:113;:O-,B;;'i::>') Work: 3a-,?-O,o..'1 Fax No.
PROPERT:r'pWNER~' ASSO . (If applicable) N h
TIBl'RON RESit>iNf~~;s~~ "'04v25 DATE SUBMITTED: "1/.30 i T 9'
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-------------------------------------------:-- Town Hall Use --------_________________________________________
_DateApplication Received: 9~!:>a 71 Intel'View Date: /O-t- '7 'l ;l.i'r-
_ Appointed to:
(Commission. Board 0" Committee)
(Date)
_ Date Term E.~pires:
Length ofTenn:
jm 12,'95
2
RECEIVED
SEP 3 0 1999
TOWN MANAGERS OFFICE
TOWN OF T1SURON
NAME: /'/l / t! ,l,/ A~ L 2??CJo k s
MAILING ADDRESS: ? CJ ~ S 713 -r/ ./i"VK(,) -../
TELEPHONE: Home: i/s,j-.'n'tl Work: ~'$-2JI s.- Fax No,
PROPERTY OWNERS' ASSOC. (If applicable)
TIBlJRON RESIDENT: (Years) cO + DATE SUBMITTED: '7-21- r9
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TOWN OF TIBURON
STAFF REpORT
ITEM NO, 0
MEETING~9
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTO~
Subject: NED'S WAY GARDEN HOMES (FILE #39808): PRECISE DEVELOPMENT
PLAN (PD#44) FOR THE DEVELOPMENT OF 25 SENIOR HOUSING UNITS
ON 1.51 ACRES AND REVIEW OF FINAL ENVIRONMENTAL IMPACT
REPORT (FEIR); Ned's Way Garden Homes, LLC, applicant; Tiburon
Redevelopment Agency, property owner
Date: OCTOBER 14, 1999
BACKGROUND
This item involves consideration of a Precise Development Plan proposing the construction of 25
senior housing units on Ned's Way near its intersection with Tiburon Boulevard, A detailed
description and analysis of the proposed project are contained in attached Exhibit A, the Planning
Commission Staff Report for the meeting of September 15, 1999, Please refer to that exhibit for
particulars,
This project represents the culmination of a process that began in 1995 with the voter-approved
ballot initiative directing that senior housing be constructed on the site of the [now] former
Tiburon Town Hall and Tiburon Police Department buildings, A Town-sponsored design
competition followed, spearheaded by the Senior Housing Advisory Committee, The Town
Council selected the Ned's Way Garden Homes project, in a form essentially the same as the
project design now under review, as the winner of the design competition,
PLANNING COMMISSION REVIEW
The Planning Commission considered this project and its ErR at three separate public hearings
held in August and September 1999, The Planning Commission praised the project for its design
and compatibility with surrounding development.
On September 22, 1999, the Planning Commission adopted Resolution No, 99-17 (Exhibit B)
recommending certification of the Final Environmental Impact Report for this project and
approval of the Precise Development Plan application subject to conditions. Minutes of the
Tiburon Town COllncil Staff Report 10/20/99 1
September 22, 1999 meeting are attached as Exhibit C. Staff Reports and minutes of the two
Planning Commission meetings in August at which the project EIR was discussed are attached as
Exhibits D through G. Design drawings for the proposed project are attached as Exhibit H.
ENVIRONMENTAL REVIEW
A Draft Environmental Impact Report was prepared for this project and released for public
comment on June 30, 1999, This report was previously distributed to the Town Council. The
Final ElR (attached for Councilmembers as Exhibit I) was released on September 17, 1999,
The public review period for the DEIR ended on August 16, 1999. The Planning Commission
held public hearings on the DEIR on August II and August 25, 1999. The DEIR identified the
potential for significant environmental impacts in the following categories:
Circulation/Traffic
Hydrology and Water Quality
Noise
The DElR indicated that all potential significant impacts could be reduced through adoption of
mitigation measures, At the conclusion of the second public hearing, the Planning Commission
found the DElR adequate and directed that responses to comments and resulting changes to the
DElR be prepared and released as the Final ElR The Planning Commission has recommended
certification of the Final ElR, and adoption of the mitigation monitoring program for the project,
to the Town Council.
Town Staff and the applicant have met with representatives of the Reed Union School District
(RUSD) to discuss providing more precision and detail to the development and implementation of
noise and construction traffic mitigation measures, This additional detail could be accomplished
through a separate agreement adopted at a later date, but may involve some minor changes to the
mitigation monitoring program prior to its adoption, Staff will provide an update on this issue at
the meeting.
CORRESPONDENCE
As of the date of this report, Staff has received no correspondence regarding the merits of the
project since the conclusion of the Planning Commission public hearings, All correspondence
received by the Planning Commission is attached to the Planning Commission staff reports in this
packet. Despite widespread public noticing and coverage in The Ark newspaper, there has been
little public testimony (orally or in writing) on this project application,
Tiburon Town CoulIcil
Staff Report
10/20/99
2
FUTURE ACTIONS REQUIRED
If the Town Council approves the Precise Development Plan, subsequent Town permits would
include:
. Approval ofa Tentative Subdivision Map by the Planning Commission and Town Council.
. Approval ofa Final Subdivision Map by the Town Council.
. Site Plan and Architectural Review approval by the Design Review Board,
. Issuance of a revocable encroachment permit for the proposed landscape buffer on the north
side of the project.
. Issuance of grading and building permits by the Building Division,
RECOMMENDA nON
Staff recommends that the Town Council.
I, Hold a public hearing on this item.
2, Adopt the draft Resolution (Exhibit J) certifYing Final Environmental Impact Report for the
project and adopting findings of fact.
3, Adopt the draft Resolution (Exhibit K) conditionally approving the Precise Development
Plan and adopting the mitigation monitoring program,
EXHIBITS
A, Planning Commission Staff Report dated September 15, 1999.
B. Planning Commission Resolution No, 99-17,
C Minutes of Planning Commission meeting of September 22, 1999,
D. Planning Commission Staff Report for meeting of August 11, 1999,
E. Minutes of Planning Commission meeting of August 11, 1999.
F, Planning Commission Staff Report for meeting of August 25, 1999,
G, Minutes of Planning Commission meeting of August 25, 1999.
H, Drawings (10 sheets) of Ned's Way Garden Homes Precise Development Plan, date-stamped
Received Town ofTiburon September 14, 1999",
1. Final Environmental Impact Report for Ned's Way Garden Homes dated September 1999,
J. Draft resolution certifYing the Final EIR and making findings offact,
K. Draft Resolution approving the Ned's Way Garden Homes Precise Development Plan and
adopting a Mitigation Monitoring Program.
/neds/38908tc. rpt.doc
Tiburon Town Council
Staff Report
J 0/20/99
3
TOWN OF TIBURON
STAFF REpORT
ITEM NO, ~
MEETING DATE: 9/22/99
To: PLANNING COMMISSION
From: SCOTT ANDERSON, PLANNING DIRECTOR ~
Subject: NED'S WAY GARDEN HOMES (FILE #39808): PRECISE DEVELOPMENT
PLAN FOR THE DEVELOPMENT OF 25 SENIOR HOUSING UNITS ON 1.51
ACRES AND REVIEW OF FINAL ENVIRONMENTAL IMPACT REPORT
(FEIR); Ned's Way Garden Homes, LLC, applicant; Tiburon Redevelopment
Agency, owner
Date: SEPTEMBER 15, 1999
PROJECT DATA
Address:
APNo.:
FileNo,:
General Plan:
Zoning:
Property Size:
Subdivision:
Current Use:
Owner:
Applicant
Date Complete:
EIR Certification Deadline:
Permit Approval Deadline
Ned's Way near its intersection with Tiburon Boulevard
58-151-35
39808
VH (Very High Density Residential)
RtVlP-17 (Residential Multiple Planned - up to 17units/acre)
1. 51 acres
Lands of Town of Tiburon; PM 26-43 (1997)
Former Town Hall and Tiburon Police Station buildings)
Tiburon Redevelopment Agency
Ned's Way Garden Homes, LLC
January 10, 1999
January 10, 2000
July 10, 200 I
PROJECT DESCRIPTION
The Ned's Way Garden Homes project involves the preparation and adoption ofa Precise
Development Plan and trailing permits for the eventual construction of 25 independent-living
senior housing units on 1,51 acres of land currently occupied by the former Tiburon Town Hall
and Tiburon Police Station, Demolition of these existing World War II vintage military housing
buildings would occur, and the site would be redeveloped with the proposed project. Please refer
to the attached drawings (10 sheets) labeled Exhibit I.
Tihuran Planning Commission Staff Report
9/22/99
EXHIBIT NO.A.
P, I ,,-f 1.3
1
The project's 25 two-story units would be located in 13 buildings; twelve two-family dwellings
and one single family detached dwelling, The project is envisioned as a common interest
development (planned unit development) with each unit and the land under it individually owned,
The parking facility and the interior courtyard landscaped area would be owned by the 25 unit
owners "in common", The project would consist of 16 three-bedroom units and 9 two-bedroom
units, Twenty-one of the units would be market rate and four would be very-low-income units,
The four very-low-income units would be two-bedroom units with somewhat reduced interior
size, finish, and amenity levels, but outwardly indistinguishable from the market rate units, Eight
of the units would be designed to be fully adaptable to meet the Americans with Disabilities Act
guidelines, This includes provision of the main living area and a bedroom at the entry level.
Total square footage for the project would be 38,783 square feet, The floor area ratio for the
project would be .58 (58%), A square footage breakdown for the project is as follows:
Unit Tvpe No. of Units Square Footage Total Square Footage
A (1-4) 4 985 3,940
A (5) 1 1, 139 1,139
B 4 1,366 5,464
C 8 1,598 12,784
D 7 1,897 13,279
E 2,177 2,177
Total
25
38,783
Project architecture would be California Craftsman style, with shingled exteriors, wood trellises
and divided-light windows, Second floors would mostly be treated as dormers within a roof that
is one story within the eaves so that buildings appear to be one story or one and one-half stories
as viewed from the interior courtyard, The lavishly landscaped and appointed interior courtyard is
considered a primary amenity of this project. All living areas within the individual units would
access onto private outdoor amenity/garden areas that would in turn have gated access to the
common interior courtyard. Each unit would have its own non-sloping private outdoor amenity
area. A combination low stucco wall and wrought iron fence would fonn a perimeter on the west
and south elevations of the project. The north and east elevations would have primarily
landscaped perimeters On the north end of the property, that project sponsor'is requesting that
Tiburon Planning CommiSSIOn Staff Report 9/22/99 2
EXHIBIT No.A
~' J.. 0* {3
the Town allow an up to 30 foot wide landscape buffer encroachment onto the Town-owned
parcel up-slope from the Garden Homes site. This landscaping buffer would be installed by the
developer and mai.ntained by the Garden Homes Association, The Senior Housing Advisory
Committee has recommended approval of the landscape buffer (see Exhibit 2),
Maximum height of the proposed project would be 36 feet. The 36-foot height level would be
reached by the ridge of the small roof dormers on the lower tier of units, Dormer ridges on the
upper tier of units would reach 34 feet in height. Actual maximum height from finished grade
would not exceed 33 feet at any point. While the typical height limit in Tiburon is 30 feet, the
Town may approve higher limits in its Planned Residential Zones, In this case, the additional
height results from the partially subterranean parking layout, the existing slope of the property,
and a desire to greatly reduce excavation and off-haul associated with the project. The EIR found
that the proposed project, even with heights as proposed, would not cause significant view or
view blockage impacts
Access and egress from the project would be from Ned's Way. There would be 50 parking
spaces located in a partially subterranean structure, This structure would not be a traditional
underground parking garage, but would nevertheless be a secured and gate-controlled facility,
Natural light wbuld enter the parking structure from the gate entry and from between the
buildings on the lower (south) side of the site, The interior courtyard would be located atop the
parking structure, The essentially invisible parking area and the resulting increased vegetation
coverage (provided by the interior courtyard) were primary design features that enabled this
project to win the Town's earlier design competition,
Of the 50 parking spaces provided, two parking spaces would be assigned to the market rate units
and one space for the very-low-income units, leaving four unallocated (guest) spaces. The
parking structure would be accessible to all of the units via two elevator and two stair locations to
minimize walking distances. The parking structure would also contain additional secured storage
areas for all of the units Trash pick-up by the sanitary service provider would occur from Ned's
Way near the project entry
ANALYSIS
General Plan Consistencv
LAND USE AND DENSITY
The subject land is designated VB- Very High Density Residential (up to 17 units per acre)
pursuant to a General Plan Amendment adopted by the Town Council in 1997. This amendment
was intended to accommodate a 25-unit conceptual project that had already won a "design
competition" sponsored by the Town, The project is therefore consistent with the land use and
density provisions of the Tiburon General Plan, The project site is located within the boundaries
of the Tiburon Redevelopment Agency project, and is consistent with the Tiburon Redevelopment
riburon Planning Commission Sial/Report EmIBIT ~~~A3
P,J of 1.3
Plan adopted in 1983.
This project is atypical of planned residential developments in the Town of Tiburon in that it is
both a redevelopment and an in-fill project, Unlike virtually all property located in planned
development zones (RPD or RMP zones) in the past 25 years, the small project site has little or
no scenic/open space value and no significant environmental resources, It was used intensively by
the United States Navy and subsequent tenants and owners for over 50 years, Therefore, many of
the principles associated with review of Precise Development Plans, as set forth in Section
4,08.04 of the Zoning Ordinance, are not readily applicable to this site,
OPEN SPACE & CONSERVATION
The Open Space & Conservation Element focuses its policies on preservation of open spaces and
conservation of significant environmental resources. As noted above, this property contains no
scenic or open space value and has no significant environmental resources. The project is not
near any ridgelines.
Policy OSC-6 "Quality" encourages well-designed projects that enhance the Town's image,
Monotony in design, massive structures, and site coverage that overwhelms the surrounding area
are to be avoided, according to this policy, It is somewhat difficult to apply this policy to small-
scale, high-density senior housing developments such as the proposed Ned's Way Garden Homes,
Staff believes that the design of the project is attractive and compatible with surrounding
development. While the individual structures associated with this project are not massive, the
visual effect of any high-density project containing numerous buildings cannot be fairly compared
with the single family detached residential development that characterizes virtually all of the new
development in the Town of Tiburon. Staff finds the overall bulk and mass compatible with the
Hilarita Apartments and other multi-family housing nearby on Lyford Drive, and not
overwhelming the surrounding area.
HOUSING
Several Housing Element Policies support the 25-unit density proposed for this project, Policies
H-1 and H-4 encourage the promotion of affordable housing opportunities through the unique
powers of the Redevelopment Agency and the Town ofTiburon. More specifically, policy H-27
in the GP encourages provisions for density bonuses where affordable housing projects are
proposed to serve the special needs of seniors. As described above, the Town Council granted a
density bonus for this site in 1997. The Housing Element also identifies the site as an opportunity
site for affordable housing units.
At the same time, it must be recognized that the future sale of the Ned's Way Garden Homes site
to a private developer is the primary funding mechanism for the just-completed new Tiburon
Police Station. Given this major financial constraint, Town Staff is quite pleased with the amount
and income level of the affordable housing that can be provided as a result of this project, The
ribllron PIOIming ConnlllSSlOn Staff Report EXIIIBIT ;~A
P' 4 .f I~
project is consistent with the goals ,and policies of the Housing Element.
The Ned's Way Garden Homes project would provide four (4) very low-income units for
purchase by senior households earning less than 50% of the Marin County median income, The
other 21 units would be market-rate ownership units, Through a Development & Disposition
Agreement reached between the project sponsor and the Tiburon Redevelopment Agency (TRA)
in 1998, the TRA would partially subsidize construction of the four very-low-income units,
California Redevelopment Law requires redevelopment agencies to provide a certain portion of
units built within redevelopment areas to be either moderate income or very low income, The
Town has met its requirements for moderate housing units in its redevelopment area, but lags
behind in the production of very low-income-units, The Garden Homes project would go far in
helping the TRA reach its very-low-income housing production requirements, The production of
"for sale units" for very-low income households may be unique in Marin County. This is only
possible through use of the housing set-aside monies generated by the Tiburon Redevelopment
Agency,
CIRCULATION
The project vehicular ingress and egress would be from Ned's Way via a driveway entry leading
to a partially underground parking structure with a 50-car capacity, Three (3) handicapped
spaces are to be provided. Forty-six (46) spaces are proposed to be assigned to the 50 units, with
four unassigned guest spaces. An additional 10-20 parking spaces further up Ned's Way are
recommended as a mitigation measure and condition of approval to provide adequate guest
parking for the project. Such parking will also provide additional guest parking for the adjacent
Hilarita Apartments and serve as potential parking for a future community garden, should one be
re-established, This would be consistent with Circulation Policy C-24 encouraging reciprocal
parking facility use,
The traffic and circulation impacts of this project were analyzed in the EIR for the project, No
level of service standards would be violated by implementation of the project, and functioning of
the unnamed roadway along the south edge of the site would be improved through direction of
this project's traffic through the improved Ned's Way intersection with Tiburon Boulevard, The
project's dwelling units (affordable units exempted) will be required to pay traffic in-lieu fees to
help fund future improvements along Tiburon Boulevard, The project would be consistent with
the goals and policies of the Circulation Element.
NOISE, SAFETY AND RECREATION
Noise issues were addressed at length in the ErR for the project. Upon completion, the project
would generate typical residential noise levels, The ErR analysis therefore focused on short-term
construction noise Implementation of the mitigation measures set forth in the ErR would bring
the project into conformance with the goals and policies of the Noise Element.
Tiburon Planmng COli/mission
Staff Report
9/22/99 5
EXIDBIT No.A
f' 50+- 13
There are few safety policies that apply to this project. Among them are slope stability and
geotechnical issues that have been investigated and addressed, A Phase I Environmental Site
Assessment was performed to uncover any possibility of contamination by previous users, None
was found, On-site drainage facilities will meet 100-year storm standards,
The proposed project will include private outdoor recreation and amenity areas for each dwelling
unit as well as the interior courtyard amenity area, The project does not propose the relocation of
the community garden at this time, The Town Council is currently considering whether to retain a
community garden, since the garden has not been self-supporting for years and would require a
considerable Town subsidy each year in order to operate, The Town Council retains the option to
require the developer to relocate a community garden on the adjacent 2-acre Town-owned site or
pay a one-time in-lieu fee to the Town earmarked for recreation purposes, The project will be
required to pay park and recreation in-lieu fees as authorized by the Quimby Act and required by
the Tiburon Subdivision Ordinance.
ZONING ORDINANCE CONFORMANCE
As noted above, the project's size, physical characteristics, and location are atypical of properties
located in the Planned Residential Zones where Precise Development Plans are required,
Therefore, many of the principles normally applied to the review of Precise Development Plans
are inapplicable or not on point for this project. Section 4,08,04 of the Tiburon Zoning Ordinance
sets forth the following principles to be evaluated in the review of Precise Development Plan
applications:
(a) Significant open space shall be preserved, through dedication or other means
acceptable to the Town, consistent with policies of the Open Space and
Conservation Elemellt of the Tihuron General Plan.
This principle is not applicable to the subject property, which is only 1.5 acres in
area, smaller than many single-family lots created in Planned Development Zones
in Tiburon. The site contains no scenic resources and no environmental resources
of any significance,
(h) Preservation ofna/uralfea/ures of the land shall be achieved /0 the
maximum extent feasihle through minimization of grading and sensitive site
design Features worthy of preservation include ridgelines, prominent knolls,
desirable native vegetation, trees, significant rock olltcroppings, water -courses,
and riparian corridors,
As noted above, the site contains no significant environmental resources, The
project is an in-fill and redevelopment project of a site in military residential, office
or government use for over 50 years, Other than a mature Cypress tree near the
project entryway on Ned's Way, there are no trees worthy of preservation on the
Tiburon Planning COn/mission Staff Report 9/22/99 6
EXHIBIT No.A
p, C 0+ (]
property,
, (c) Slopes created by grading should not exceed 30 percent, Final contours and
slopes should reflect naturallandfeatures,
This policy is not germane to the site and the proposed project
(d) Every reasonable effort shall be made to preserve view corridors, mature trees,
rare plants, significant native flora and fauna, areas of historical significance,
access corridors, and habitats of endangered species,
The view impacts of the project were addressed in the ErR, which determined that
existing views from surrounding development would not be significantly affected
by the project'
(e) Location of development well below ridge lines shall be achieved, in accordance
with General Plan and other policies,
The project site is not located near any significant ridgelines identified by the
Tiburon General Plan, or in Resolution No. 2859 that identifies secondary
ridgelines
(f) Prominence of development and construction should be minimized by appropriate
location of grading and placing of buildings so that they are screened by wooded
areas, rock outcroppings and depressions in topography or other features,
The ErR analyzed the visual impacts of the project While it is clear that the
project is substantially larger and bulkier than the existing former military housing
buildings, its buildings are of a similar height and scale to the adjacent Hilarita
Apartment complex, and its design is compatible with the new Police Station, The
project is designed such that the buildings appear to "step up" the natural slope of
the property
(g) Due consideration shall be given to avoidance of areas posing geological
hazards,
The geological study prepared for this project by Miller Pacific Engineering
indicated that standard construction practices will satisfactorily address any
geological concerns
(h) Minimization of significant adverse impacts, as detailed in the Environmental
Impact Report, if one is required.
Tiburon Planning COli/mission
SrajfReporl
9/22/99 7
EXHIBIT No.A
p. t of {3
The EIR for the project concludes that all potential significant adverse impacts
form the project can be mitigated to less than significant levels
(i) Roads shall be designedfor minimum slopes, grading, cut-backs andfill,
Narrowing of roadways may be allowed to reduce grading, retaining walls, and
other scarring of the land.
The single entry access to this project will be designed to safe and acceptable,
standards and will provide adequate line of site for safe entry and exit to the
project. Other aspects of this policy are not applicable to this project.
(}) Proposed arrangement of residential units and design of circulation system shall
provide harmonious transition from and be compatible with, neighboring
development and open space, Monotony in design shall be avoided.
The proposed housing pattern would appear to be compatible with the surrounding
residential neighborhood, which mostly consists of the Hilarita Apartments and
apartment and condominium complexes off Lyford Drive.
(k) Adequate consideration shall be given to the needfor privacy and with minimum
visual and aural I17trusion into indoor and outdoor living areas from other living
areas,
The project is not anticipated to create noise or privacy issues for surrounding
uses, which include the Hilarita Apartments, Tiburon Police Station, Belvedere-
Tiburon Child Care Center, Reed Elementary School, the Pacific Bell facility and
the Tiburon Public Works Corporation Yard, Internally, the project provides
private outdoor amenity areas for each unit. The detached nature of the 13
buildings will also provide noise buffering (only one common wall for 24 of the
units) and privacy issues will be addressed through design details such as window
placement and orientation,
(I) Improvemel1lS shall be placed so as to minimize intrusion of noise on nearby
areas,
The senior housing project is not anticipated to generate substantial off-site noise
and is expected to be a relatively quiet residential facility,
(m) Landscaping shall he designed so as to result in the least possihle disturbance of
natural and;or open areas and shall he compatible with the natural setting.
Consideratum shall he g[\.'enlO fire protection, water conservation, protection of
views and trail areas, and huffering of noise,
Tiburon Planning CommiSSion
5/aff Report
9/22/99 8
EXHIBIT NO.A-
p, got {.3
The preliminary landscape plan for the project depicts substantial screening
landscaping in the form of trees, as well as shrubs and groundcovers, The
landscaping will comply with MMWD standards for water conservation and will
meet Fire District regulations regarding fire safety,
(n) Utilities shall be underground and streetlights, ifneeded, shall be of low intensity
and low in profile,
No streetlights are proposed for this project. Any project lighting shall be shielded
down-lighting. Utilities shall be underground,
(0) Materials and colors used in improvements shall blend into the natural
environment to the extent reasonably possible,
This is a standard condition of approval for planned developments in Tiburon,
(P) Consistency with other goals and policies of the General Plan Elements shall be
demonstrated
Refer to the General Plan discussion above,
The project is consistent with all applicable principles used in the review of Precise Development
Plans.
ENVIRONMENTAL REVIEW
A Draft Environmental Impact Report was prepared for this project and released for public
comment on June 30, 1999. The public review period ended on August 16, 1999. The Planning
Commission held public hearings on the DEIR on August II and August 25, 1999.
The DEIR identified the potential for significant environmental impacts in the following
categories:
Circulation/Traffic
Hydrology and Water Quality
Noise
The DEIR indicated that all potential significant impacts could be reduced through adoption of
mitigation measures Following the second hearing, the Planning Commission found the DEIR
adequate and directed that responses to comments and resulting changes to the DEIR be prepared
and released as the Final EIR.
Tibul'on Planning Commission
Staff Report
9/22/99A9
EXHIBIT NO.
p. q uf (3
The Final EIR and Mitigation Monitoring Program were released on Friday, September 17, 1999
and are included in the Planning Commission packet. Staff has reviewed the Final EIR and finds
that it responds to the comments adequately and has been prepared in conformance with CEQA.
CORRESPONDENCE
As of the date of this report, Staff has received no correspondence regarding the merits of the
project. A meeting to discuss the project with a Reed Union School District representative has
been set for September 21, 1999,
FUTURE ACTIONS REQUIRED
Planning Commission approval of this project would constitute a recommendation to the Town
Council. Should the Planning Commission vote to deny the project, that action would be final
unless appealed to the Town Council.
If the Precise Development Plan is approved by the Town Council, subsequent Town permits
would include:
. Approval ofa Tentative Subdivision Map by the Planning Commission and Town Council.
. Approval of a Final Subdivision Map by the Town Council.
· Site Plan and Architectural Review approval by the Design Review Board,
. Issuance of a revocable encroachment permit for the proposed landscape buffer on the north
side of the project,
. Issuance of grading and building permits by the Building Division,
RECOMMENDA TION
Staff recommends that the Planning Commission:
1, Hold a public hearing on this item.
2. Adopt the resolution (Exhibit 3) recommending to the Town Council certification of the
Environmental Impact Report, conditional approval of the Precise Development Plan, and
adoption of the mitigation monitoring program,
EXHIBITS
1. Drawings (10 sheets) of Ned 's Way Garden Homes Precise Development Plan, date-stamped
Received Town ofTiburon September 14, 1999",
2, Letter from Senior Housing Advisory Committee dated 12/23/98
3, Draft resolution recommending approval to Town Council.
4, Final Environmental Impact Report and Mitigation Monitoring Program.
Tiburon Planning Commission
Staff Report
9/22/99
10
EXHIBIT No.A
p, (0 of (?>
EXHIBITS 1,3 AND 4 ARE INCLUDED ELSEWHERE IN
THE TOWN COUNCIL REPORT AND ARE NOT
REPRINTED IN THIS EXHIBIT
EXHIBIT No.A
p. II of (.3
December 23, 1998
Mr, Scott Anderson
Planning Director
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Dear Scott:
The Senior Housing Advisory Committee met with Bruce Burman and his
landscape architect on December 4 to review the landscaping plan for Ned's
Way Garden Homes,
Other than a few suggested refinements, mostly about what to have decided
when going before the Town's Design Review Board, the committee
enthusiastically endorsed the plan.
Our endorsement includes a request by the developer for a 30-foot easement
on Town property behind the project. This easement's purpose is to serve as a
landscape buffer which would benefit residents of The Hilarita as well as
those of the Garden Homes. Maintenance of this buffer would be the
obligation of Ned's Way Garden Homes.
f)t regar~ --iJ.-
..... v'::\ ~-' L......
ry Smith
Chairman, SHAC
RlECf::n ~....
.- ')o,.,..-'~ J.:,'~ :'~
w-..""..,
DEe 2 8 1998
PLANNiNG C.-,
'ow ..)t:,-.~::Jr,,~I..'
II NOF T'_""""<-I'!T
{SURGtv
EXHIBIT No.A
p. (:J.. ,,? 13
EXIDBIT NO. J
LATE 0\A I L
James L. Hardy
121 Neds Way
Tiburon, Ca. 94920
REC;:::t;-D
.......:'JI',~ '
September 17, 1999
SEP 2 0 1999
Mr. Scott Anderson, Planning Director
Town of Tiburon
1505 Tiburon, Blvd.
Tiburon, Ca. 94920
PLANr,II\II' ^
.,. . "I ,J !..,,".o.j!~T",1
IO'iViirc;- "AENT
'.JJ Ilc!f;,JU
Subject:
Senior Garden Homes, Neds Way. Tiburon, Ca.
Mr. Anderson:
Just looking over the IlOst recent notice received regarding the 25 senior
housing units to be build off of Neds Way. Just a few ccmments about the
contents of the notice.
'TIle name of the complex is the "Neds Way Garden Homes", but in the body of
the notice it mentions 25 units of senior housing, as if all of the units
will be occupied by seniors. This raises the question, if this complex is
for seniors only, why all the bedroans? The noonal understanding of the
term senior; is someone who is older, retired, of limited income, with chil-
dren no longer residing at home. What is happening here? Is the new defini-
tion of the word senior to mean a couple in their forties with three or IlOre
children? One has to be suspicious of the true intent of the owners/builders
of the project, if what they say is not what they really mean. It is rrore
then slightly misleading to constantly refer to this project as senior hous-
ing, when the truth is, only 4 of the units are for very low-income seniors,
and the rest of the other 21 units are for very affluent "seniors" who must
have started their families quite late in life.
To me, this project has an ordure to it, and I'm not sure if the City of
Tiburon should be involve with what looks like a simple scheme to get a
valuable piece of public land to build housing for the more affluent. It
is especially galling to me to see and read statements that imply the build-
ing of the complex is to help the real needy. When the facts speak to
the contrary.
What I would like to see is a little IlOre honesty in the tenninology used
to describe this project. The public needs to know that this is a multi-
family complex that just happens to have a few, very few, units reserved
for the truly needy. And the public needs to know that if all of the bed-
roans (66) of this complex are fully occupied by 2 individuals; this, (so
called, senior housing) could have 132 people living in it. 'TIlat's a lot
~Ar
EXHIBIT No.A
p, /'3 o+- '3
RESOLUTION NO. 99-17
A RESOLUTION OF THE PLANNING COMNIISSION OF THE TOWN OF TffiURON
RECOMNlENDING TO THE TOWN COUNCIL APPROVAL OF THE NED'S WAY
GARDEN HOrvlES PRECISE DEVELOPrvlENT PLAN, CERTIFICATION OF THE FINAL
ENVIRONMENT AL llvlP ACT REPORT FOR THE PROJECT, AND ADOPTION OF A
MITIGATION MONITORING PROGRAM FOR THE PROJECT
ASSESSOR PARCEL NO, 58-151-35
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows:
Section 1. Findings
A. The Planning Commission has received and considered an application filed by Ned's Way
Garden Homes, LLC for a Precise Development Plan on a 1,51 acre site near the intersection
of Ned's Way and Tiburon Boulevard. The Precise Development Plan application (File
#39808) consists of the following:
1. Drawings (10 sheets) date-stamped "Received Town of Tiburon September 14,
1999",
2, Precise Development Plan Project Description Text dated December 7, 1998 (2
pages)
The official record for this project is hereby incorporated and made part of this resolution,
The record includes the Staff Reports, minutes, application materials, and all comments and
materials received at the public hearings.
B. An Environmental Impact Report for the project has been prepared, The Planning
Commission reviewed the Draft EIR at public hearings on August 11 and August 25, 1999,
The Planning Commission found that this document adequately analyzed the potential
environmental impacts of the project in conformance with the requirements of the California
Environmental Quality Act (CEQA). The Planning Commission directed that the Final EIR
be prepared The Planning Commission considered the Final EIR for the project at a public
hearing held on September 22, 1999. The Final Environmental Impact Report prepared for
this project found that all potentially significant environmental impacts which would be caused
by this project can be mitigated to less than significant levels through adoption of mitigation
measures
C. Pursuant to Section 40803 of the Tiburon Zoning Ordinance, the Planning Commission held
a duly noticed public hearing on September 22, 1999 and heard and considered testimony
from interested persons on the Final EIR and the merits of the project.
TIBURON PLANNING COMMISSION
RESOLUTION 99-17
9/22/99
1
EXHIBIT NO.
p. \.f &
B
D, The Planning Commission found that the proposal, as conditioned, is consistent with the
Tiburon General Plan based on the analysis contained within the Staff Report dated
September 15, 1999 and other evidence in the record,
E, The Planning Commission found that the proposed project is consistent with applicable zoning
regulations, including those as required by Section 4,08,04 ofthe Tiburon Zoning Ordinance,
based upon the factual analysis contained within the Staff Report dated September 15, 1999
and other evidence in the record,
Section 2, Recommendation for Certification of the Final Environmental Imoact Reoort,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission has reviewed and
considered the Final Environmental Impact Report for the project and recommends its certification
to the Town Council.
Section 3, Recommendation for Approval and Adoption ofa Mitigation Monitoring Program,
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
recommends to the Town Council approval of the Ned's Way Garden Homes Precise Development
Plan subject to conditions below, and adoption of the Mitigation Monitoring Program attached as
Exhibit A hereto
I. The Ned's Way Garden Homes Precise Development Plan drawings (10 sheets) date-
stamped "Received Town ofTiburon September 14, 1999" are hereby approved, said
drawings being on file with the Tiburon Planning Department.
2" This Precise Development Plan shall be modified to incorporate all of the mitigation
measures contained within the Mitigation Monitoring Program attached as Exhibit
A, If necessary to decrease daytime noise levels below 45 dBA Leq in Reed
Elementary School classrooms, the project sponsor shall provide air conditioning units
or other mechanical means for those classrooms where the noise standards would not
otherwise be met.
3. Materials and colors used for structures shall blend into the natural environment.
Colors should be restricted to medium-to-dark ea~ tone colors and materials that
blend with the natural environment and are harmonious with surrounding
development. Final colors and materials shall be approved as part of as part of the
Site Plan & Architectural Review approval.
4. Pedestrian improvements shall be incorporated into the project as part of the Site Plan
& Architectural Review approval that will facilitate pedestrian access to the bus stop
located at the northeast corner of Ned's Way and Tiburon Boulevard and to any off-
site parking provided along Ned's Way.
TIBURON PLANNING COMMISSION
RESOLUTION 99-17
9/22/99
2
EXHIBIT NO.
~'J.+tP
8
5, Landscape Plans approved herein are preliminary only Final Landscape Plans shall
be reviewed and approved as part of the Site Plan & Architectural Review approval.
As part of the final landscape plan approval, a determination shall be made by the
Town as to whether the large Cypress tree located near the proposed project
entryway from Ned's Way shall be preserved. Final approved landscaping shall be
designed to appropriately screen and soften the visibility of the south-facing elevation
of the project,
6, Prior to the issuance of occupancy permits, the approved on-site perimeter landscaping
shall be installed and a three-year maintenance contract, induding replacement provisions
for unsuccessful plantings, shall be executed between the owner and a landscape
maintenance firm acceptable to the Town, In addition, a bond or other monetary security
shall be posted with the Town to ensure that the maintenance continues for the three-year
period
7, Prior to the issuance of occupancy pennits, the approved off-site landscaping shall be
installed and an ongoing maintenance contract, induding replacement provisions for
unsuccessful plantings, shall be executed between the project sponsor and a landscape
firm acceptable to the Town, In addition, a bond or other monetary security shall be
posted with the Town to ensure timely maintenance and prompt replacement of
unsuccessful plantings Maintenance of the off-site landscaping shall be the
responsibility of the project sponsor and successors in interest.
8. Any uncovered drainage ditches or other exposed concrete work on the property
visible ITom off-site shall be constructed with integral earth tone colored concrete or
other suitable earth tone materials. All retaining walls and drainage ditches shall be
adequately landscaped as determined by the Town ofTiburon,
9, Project elevation and site plan drawings approved herein are subject to refinement
through the Site Plan & Architectural Review approval process, induding refinements
required by other agencies such as the Tiburon Fire Protection District.
10. Aspart of the Site Plan & Architectural Review permit application, the project
sponsor shall submit refined drawings showing how a minimum of ten (10) and a
maximum of twenty (20) off-site parking spaces could be provided along Ned's Way
above the project site for visitor/guest parking spaces, A minimum of ten (10) off-site
parking spaces shall be provided by the project sponsor in order to meet the guest
parking needs of the Ned's Way Garden Homes project. If implementation of the off-
site parking is deemed infeasible in the future, the project sponsor shall be required
to designate ten (10) parking spaces in the project's parking garage for guest parking,
Off-site guest parking is the strongly preferred mitigation, and the maximum practical
number of off-site parking spaces, not to exceed 20 spaces, should be provided
TIBURON PLANNING COMMISSION
RESOLUTION 99-17
9/22199
3
EXHIBIT NO.
P ,3 o-t: (.,
B
I!. Project sponsor proposes a 30-foot wide off-site landscape buffer to the north of the
project that shall require issuance of a revocable encroachment permit by the Town
Council. Final approved width of the landscape buffer shall be determined at the time
of the Tentative Map approval. Project sponsor shall demonstrate the need for the
full requested 30-foot width,
12, Applicant shall submit as part of the Site Plan & Architectural Review application
detailed floor plans depicting the following:
a, That a high percentage of units will be accessible from the garage to the
interiors of the units,
b, That a high percentage of units, including the affordable units where
reasonably practicable, will be adaptable for provision of disabled access
between the first and second floors, and adaptable for kitchen and bath use
by the disabled
13 Traffic mitigation fees shall be paid with issuance of building permits for each unit.
The four below market rate units shall be exempted from this fee.
14, Park and recreation in-lieu fees, as required by Town Ordinance, shall be paid prior
the recordation of the Final Subdivision Map,
15, Prior to issuance of building pennits, the applicant shall provide written confirmation
to the Town of Tiburon Planning Department which demonstrates that the project
sponsor has satisfied all conditions of the Town Engineer, Tiburon Fire Protection
District, Sanitary District No 5, and the Marin Municipal Water District.
16, 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.
17, All contractors and subcontractors performing work at the site shall be required by
contract to halt all work within 30 yards of any archaeologically significant resource
that may be uncovered during construction, until a qualified archeologist has
investigated and made recommendations, Representatives of the Native American
community shall be contacted in the event of such a find.
18, This Precise Development Plan 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 PLANNING COMMISSION
RESOLUTION 99-17
9/22/99
EXHIBIT NO. B
P.4 Q.f G--
4
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission held
on September 22, 1999, by the following vote:
AYES: COMNfISSIONERS
Berger, Klairmont, Knoble, Slavitz & Stein
NOES COMMISSIONERS
None
ABSENT COMMISSIONERS
None
ATTEST
~L
SCOTT ANDERSON, SECRETARY
\neds\39808pc res. doc
TIBURON PLANNING COMMISSION
RESOLUTION 99-17
9/22/99
5
EXHIBIT NO.~
p, S 6+ G
EXHIBIT "A", THE MITIGATION MONITORING
PROGRAM, IS IDENTICAL TO THAT ATTACHED TO
THE DRAFT TOWN COUNCIL RESOLUTION (EXHIBIT
K) AND IS NOT REPRINTED IN THIS EXHIBIT
EXHIBIT NO.-d
p,~ .+ (,
~
MINUTES NO. 813
PLANNING COMMISSION
September 22, 1999
Regular Meeting
Town Council Chambers
1505 Tiburon Boulevard, Tiburon, California
Chair Berger called the meeting to order at 7:33 p.m.
ROLL CALL
Commissioners Present: Chair Berger, Vice-Chair Slavitz, Commissioners Klairmont, Knoble,
and Stein.
Staff Present:
Planning Director Anderson and Planning Secretary Vorster.
PUBLIC QUESTIONS AND COMMENTS
There were none.
COMMISSION AND STAFF BRIEFING
None,
CONSENT CALENDAR
No items.
PUBLIC HEARINGS
1. NED'S WAY & TffiURON BOUlEVARD: NED'S WAY GARDEN HOMES PROJECT;
Ned's Way Garden Homes, LLC, applicant; Assessor Parcel No. 058-151-35. The
Plauning Commission will hear public testimony on the merits of a proposed 25-unit
senior housing project located on 1.51 acres of land and will consider the Final
Environmental Impact Report for the project.
Chair Berger stated that Commissioners had reviewed the Final EIR and this meeting was
primarily to discuss the merits of the project.
Planning Director Anderson added that this was the chance for the public to tell the Commission
how they felt about the project. There have been two previous hearings on the Draft EIR and this
TIBURON PLANNING COMMISSION
I
MINUTES NO, 813 OF SEPTEMBER 22. 1999
EXHIBIT NO.J::.
p. (of 8'
hearing is on the Final EIR and the project merits. This project is a Precise Development Plan,
so there will also be the subdivision process and other trailing permits to follow.
The Ned's Way Garden Homes project is 25 units of senior housing with 16 three bedroom units
and 9 two bedroom units. They are designed in the California Craftsman style of architecture and
the colors. etc, will require review by the Design Review Board. Interesting features of the
complex are the interior courtyard and subterranean parking, which create a more friendly
environment than the usual complex of this type.
Although unusual for Tiburon because of the high density, the development is consistent with the
General Plan and Zoning Ordinance. The land had been zoned very high density in 1997. Because
it is both a redevelopment and an in-fill project, many of the Precise Development Plan principles
are not directly applicable to this project. The usual maximum height limit for projects in Tiburon
is 30 feet. In this case the dormers are 33 to 36 feet, but would be 30 feet from finished grade,
so the appearance would be 30 feet. Precise Development Plans allow such flexibility in height
without the need for a variance.
Access and egress would be from Ned's Way. The entry has room for two to three cars in front
of the gate, Of the 50 underground parking spaces, four are proposed for guests and the balance
for residents. There is a condition of approval that would require 10 to 20 more spaces for guest
parking up Ned's Way, which could serve the project, the Hilarita, and the Community Gardens
area. This would be public parking.
The northern boundary would be a landscape buffer, which is on Town property. The Town
would grant a revocable encroachment permit for this use. Even if something else is located on
the property above this project, this landscape buffer would still be desirable.
Me Anderson stated that the EIR consultant has responded to all the comments on the Draft
Environmental Impact Report, The three areas of significant impacts were Circulation/Parking,
Hydrology & Water Quality, and Noise. The EIR determined that all these impacts could be
mitigated to less than significant levels.
Mr, Anderson stated that the Town is in the process of finalizing negotiations with the Hilarita
regarding a quit claim for Ned's Way that would help accommodate the offsite parking spaces.
If the Commission approves this project, its action would be a recommendation to the Town
CounciL Future steps in the process would be Tentative and Final Subdivision Map approvals,
Design Review, encroachment permit for the landscape buffer, and building permits,
Mr. Anderson confirmed for Vice-Chair Slavitz that the parking area on Ned's Way belonged to
the Town through an access easement, but the Town would like to have the cooperation of the
Hilarita on that, as it would benefit both, He thought the overflow from Hilarita was currently less
TIBURON PLANNING COMMISSION
2
MlNUJ'ES NO, 813 OF SEPTEMBER 22.1999
EXHIBIT NO....G
f'J. Q~ g
than 10 cars. In reply to Commissioner Klairmont, Mr. Anderson stated that the Town would not
pay for the installation of this parking. It could be restricted hour parking if that was necessary.
This is the better solution for guest parking, but if it was not possible, the EIR mitigation would
require the underground parking for guests. The 10 spaces was the minimum required in the EIR.
The other ten were recommended by Staff based on discussions going back some years with the
Hilarita.
Chair Berger felt there was a conflict in the EIR about parking. He questioned using less than 2
spaces per unit as it had been determined that that would not be acceptable, He felt the reference
to 1.5: 1 ratio should be stricken from the EIR. Mr, Anderson responded that the 2: 1 ratio was
being met by this project and that this ratio included guest parking.
Commissioner Knoble asked what the effect would be of eliminating one alternative. She
wondered if it could not be done, would that stop the project? Mr. Anderson said this could stop
the project if the conditions could not be met. He stated that the offsite guest parking was the best
way to mitigate the impact.
Commissioner Knoble wanted to know whether some portion of the offsite parking was
guaranteeable. Planning Director Anderson said he believed that it was in the respect that the
parking would be on Town property accessed by a Town-held access easement. The worst case
scenario would be that the offsite spaces might need to be pushed further from Ned's Way
pavement to avoid the first eight feet beyond the curb that the Hilarita owns.
Vice-Chair Slavitz asked whether they could strike the language from the EIR. Mr. Anderson said
the Commission could recommend that to the Town Council, if desired.
The public hearing was opened at 7:56 p.m,
Bruce Burman, developer for the project, stated that Planning Consultant John Roberto, Architect
Ian Macleod, and two of their building partners from Taylor/Woodrow, Mary Larson and Keith
McCoy, were present to answer questions from the Commission.
Mr. Burman first addressed the guest parking issue. He stated that they were all in favor of
working with the Town on the offsite parking, but that it was out of their hands since it was Town
property. The mitigation was included so there would be the ability to put the parking inside the
garage if that was necessary, but he agreed that outside parking would be preferable.
Vice-Chair Slavitz questioned the suitability of guest parking behind locked doors. Mr. Burman
stated that many other facilities in the Bay Area are done this same way.
Mr. Burman added that parking for moving vans and gardeners, etc., would be at the service
entrance in the back, or on the shoulder in front.
TIBURON PLANNING COMMISSION
3
MINUTES NO. 813 OF SEPTEMBER 22, 1999
EXHIB1T NO. C
p. 3 J~ 8'
Commissioner Knoble asked whether they were willing to pay for the offsite parking. Mr. Burman
said that was part of the mitigation. The question would be the number of spaces. He noted that
the offsite parking would be public parking rather than site specific parking. Chair Berger said that
it was not uncommon practice to require improvements to the "public good." Mr. Burman
commented that this is a mitigation that they will pay for. It is obvious that it is the intent of the
Commission and Staff to promote the offsite parking and they concur with that.
Planning Director Anderson mentioned that the quit claim will be going to the HiIarita Board of
Directors on October 14, 1999, and he felt that they would be cooperative.
Hank Bruce, Hilarita Boardmember and Senior Housing Advisory Committee (SHAC) Member,
stated that he is certain the Hilarita is interested in being cooperative, as it is to the advantage of
the whole local community to have this additional parking.
Mr. Burman said that he had met with the Hilarita and also felt everyone was agreeable to these
improvements, which are in addition to the improvements being made in conjunction with the new
Police Station,
Mr. Burman then described the proposed project. He explained that Burman/Feldman had won
the Town's design competition because of their concept to have the cars out of view. The central
garden area covers the underground garage area, because they wanted to create a friendly
environment. The garage is not cavern-like, as light comes into the area from between each of the
buildings, The buildings are all duplexes except one single-family unit. A homeowners association
will maintain the common areas. The residents will enter the garage, go up an elevator into the
garden area and then along walkways to their unit. The gardens will be very lush and each home
has its own entry courtyard with private gardens. Their concept is to maximize the landscaping.
There will be landscaping all around the perimeter as well, including a 30 foot buffer on the north
side, This buffer is not intended to increase their square footage, but to create a green space
between his project and the next property, The Senior Housing Advisory Committee recommended
that this buffer be approved, It would be maintained by the homeowners association.
Affordability was one factor they were required to solve, There will be four very low income units
of 1,100 square feet with two bedrooms. To qualify for purchase, the buyer must make less than
50% of the median income for the County, These units will cost approximately $70,000. The
remaining 21 units will be market rate,
These are simple wood-frame buildings in the California Craftsman architectural style that he felt
complemented the new Police facility, They have increased the storage in the garage area and
adjacent to each home,
The issues that have been raised have been integrated into the project. Parking was discussed
earlier. The hydrology shows a slight increase in the amount of impervious surfaces; this can be
TIBURON PLANNING COMMISSION
4
MINUTES NO, 813 OF SEPTEMBER 22.1999
EXHIBIT NO. C
pr4".f8'
mitigated. The other issues relate to project construction impacts. He met with Reed School
representatives and felt that they have developed a working relationship and would be able to work
out all traffic and noise problems during construction. They will also hire an acoustic consultant
to implement the EIR noise mitigations. The dust will also be controlled.
At the last meeting it was suggested that the amount of off-haul could be decreased if the buildings
were raised up just two feel. They did as suggested. As there is not a specified maximum exact
height in this zoning district, they came up to 32 feet with the dormers higher is some areas, but
the off-haul is greatly reduced, which will result in less truck traffic.
Vice-Chair Slavitz asked about reducing the height of the dormers.
Ian MacLeod, project architect, stated that the dormers are decorative and it would be possible
to get under the height limit, but it is more of an aesthetic factor. Mr. Burman added that these
units occupy the attic space, so that from the garden area the appearance is of one or one-and-a-
half stories, From the street below, the buildings would step gradually up the hill. Chair Berger
commented that the Town computes height from the original or finished grade, whichever is
lower, but the apparent height would be lessened because the gardens are raised above the existing
grade,
Commissioner Klairmont asked about the naked appearance of the south elevation drawings. Mr.
Burman stated that it would never look that way. It is a Town requirement to show the buildings
without landscaping, which can be misleading, Mr. MacLeod pointed out that the Police Station
and the trees that are already on Tiburon Boulevard would shield most of the view of the buildings
from Tiburon Boulevard. Mr. Burman stated that they tried to design the project with architectural
variation so it would appear more dynamic. Such variations do not show well on two-dimensional
drawings,
Commissioner Knoble asked about the ownership of the parking structure. Mr. Burman stated that
this is in-common property, but that specified parking spaces would be assigned to the various
units,
Commissioner Knoble asked whether there was a walking path around the complex. Mr. Burman
said there was not, that the buffer on the north was intended to be a green buffer and firebreak,
not a pedestrian area,
Vice-Chair Slavitz commented on the school having to close the windows to block out noise and
wondered whether this project would provide the air-conditioning units. Mr. Burman said he did
not envision that air conditioners would be needed, and that the work was planned to start in the
Spring, so most of the work would be done during the summer when school was out. He said they
were cooperating with the neighbors and an agreement was being drawn up. He felt it was critical
to remain flexible and for all parties to keep talking all during the process. He was waiting to get
5
MINUTES NO, 813 OF SEPTEMBER 22, 1999
TIBl TRON PLANNING COMMISSION
EXHIBIT NO.
?r.5 0+ g
c.
information on what it was like for the school during the construction of the Police Station, and
while this is a bigger project, they will do everything they can to mitigate the noise issues.
Vice-Chair Slavitz asked about the drainage and Mr. Burman said that would all be underground.
There would be a miniscule increase in impervious surfaces that they will be able to manage.
Commissioner Klairmont questioned the view from the school. Mr. Burman said the photo
simulation shows seven trees while there will really be several more trees on that side. Of course
there will be buildings there, but the trees will create a green visual break.
Chair Berger stated that while these units are designed for mobile seniors, in time, stairs may
present a problem for the residents, He wondered whether the stairs could be retrofitted with a lift
in the future. Also the plans show that only seven units have access without going up stairs into
the house, He would encourage having access to more units with no stairs.
Mr. Burman agreed with Mr. Berger's concerns, and stated that they had been working on this.
They will make every unit possible accessible from the garage to the home via the future
installation of an elevator through an existing closet or storage area.
Chair Berger thought that a high percentage of accessible units would be good, and that they
should show the number on the plans so this is clear. People will be more accepting of the project
if more units are adaptable and accessible.
Chair Berger complimented Mr, MacLeod on the design elements and the clear drawings.
Commissioner Knoble asked if the low income units would have the same accessibility. Mr.
Burman said they would do that as much as possible.
Vice-Chair Slavitz questioned who would be responsible for installing the bus stop and the
sidewalk. Mr. Burman said the bus stop would be done by Golden Gate Transit. Burman/Feldman
will integrate their plans with the Town's current plans for that intersection and will provide safe
passage for the res idents.
Commissioner Stein commented that according to the EIR the pedestrian sidewalk issue did not
rise to a level of environmental significance. Vice-Chair Slavitz stated that did not mean it was
not desirable, Planning Director Anderson said that provision of a sidewalk and pedestrian
connections is a condition of approval in the Resolution. There would be a sidewalk to the offsite
parking, The one to the bus stop is more complicated but they are responsible for installing it. The
Town Engineer will look at the intersection to determine the best way for this to be implemented,
Mr. Burman said it would be worked out to be acceptable. Commissioner Stein said they needed
to be sensitive to the safety of the residents,
TIBURON PLANNING COMMISSION
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MINUTES NO, 8[3 OF SEPTEMBER 22, [999
EXIITBIT NO. C.
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Bryan Chapman, Hilarita Boardmember, stated that the project looks very charming aesthetically,
He asked how the units would be buffered from the sound of traffic on Tiburon Boulevard. Mr.
Burman said there were double paned windows throughout, and insulation. The Police Station also
creates a sound buffer. There was no specific mitigation needed for this.
Karen Tripp, Board of Directors for the Day Care Center, stated that they have a drainage issue
because one drain pipe goes right up to their entry. She just wanted them to be mindful of the
drainage issues during this project.
Jerry Reissen, 616 Ridge Road, and member of the Senior Housing Advisory Committee,
complimented the developer. The SHAC has spent a number of years developing the specifications
for this project. Burman/Feldman has been great to work with, and he was very pleased with the
results, He noted that he would stay involved with the project.
The public hearing was closed to the public at 9:00 p.m.
Chair Berger suggested that they discuss the project generally first, and then see if there is
anything they want to add onto the resolution.
Commissioner Stein stated that his general comment would be concerning the definition of
"senior." The developer inherited the definition and has been working with the Senior Housing
Advisory Committee, but having townhouses for seniors is unusual. He thought it could work,
especially with added accessibility, but wondered if it needed further defining.
Chair Berger suggested three changes: 1) Add a condition that states that a high percentage of
units are to be accessible from the garage, a high percentage of units are to be adaptable, and
(added by Commissioner Knoble) every effort shall be made to have the low income units have
handicapped accessibility and adaptability; 2) that the landscaping on the south elevation be
designed to screen and soften the project; and 3) that offsite guest parking of between 10 and 20
spaces is the strongly desired mitigation.
Commissioner Stein thought that the range from 10 to 20 seemed broad and wondered whether
they could be more precise,
Chair Berger said his understanding was that 'he developer could not be sure of what was involved
in providing the parking there because of tht topography. He wouldn't want to force the developer
to put in extensive retaining walls in order to have 20 spaces. Commissioner Knoble felt that every
effort should be made to maximize the number of spaces. Vice-Chair Slavitz felt that if it says 10-
20, there will probably be only 10. Commissioner Stein thought that it does not seem to be an
unreasonable burden for the developer, as the Town was providing the land. Commissioner
Knoble did not want "cost" to be the reason that more spaces were not provided, Given that the
TIBURON PLANNING COMMISSION
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MINUTES NO. 813 OF SEPTEMBER 22,1999
EXHIBIT NO. C
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Town is providing the land, the developer ought to put in maximum parking. Vice-Chair Slavitz
thought that every effort should be made to provide 20 spaces.
Commissioner Knoble asked whether the option to provide all guest parking in the garage could
be eliminated from the Resolution, It was agreed that the option would be retained, but it should
be clear in the Resolution that the offsite parking was preferred as it was to everyone's benefit.
Vice-Chair Slavitz stated that he had concerns about the height. Although raising the buildings
meant less off-haul during the project, the buildings would be there forever. Commissioner Stein
stated that no views are being blocked uphill and it is a unique project with high density. He
prefers there be less off-haul. The Commissioners agreed with the proposed height.
Commissioner Knoble wondered whether they needed to better define the proposed landscape
buffer. Planning Director Anderson said that would be discussed further by the Town Council,
which would decide whether 30 feet was really needed. This issue would also be looked at by the
Design Review Board,
Commissioner Knoble stated that she hoped it would not be necessary to provide air-conditioners
to the school to mitigate noise, but if they were needed, it should not be the school's
responsibility, They could be rented, but the developer should provide them and pay for them,
Chair Berger commented that Condition #11 covers the issue of the width of the landscape buffer.
Also, Condition #4 requires the pedestrian crosswalk.
Planning Director Anderson noted that the Town can request placement of a bus shelter from the
Golden Gate Bridge District.
M/S Knoble/Stein (5-0) to adopt the resolution with the following amendments:
· That a high percentage of units be accessible from the garage to the interiors of the unit.
· That a high percentage of units, including the affordable units, will be adaptable for provision
of disabled access between the first and second floors, and adaptable for kitchen and bath use
by the disabled.
· That landscaping should screen/soften the south-facing elevation of the project.
· That offsite guest parking is the desirable mitigation and the maximum number, not to exceed
20 spaces, is encouraged,
. If necessary to decrease daytime noise levels below 45 dBA Leq in Reed Elementary School
classrooms, the project sponsor shall provide air conditioning units or other mechanical means
for those classrooms where the noise standards would not otherwise be met.
The Commissioners commended Burman/Feldman and Mr. Macleod for a beautiful project.
TIBURON PLANNING COMMISSION
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MINUTES NO, 813 OF SEPTEMBER 22,1999
EXInBIT NO.-'-
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PLANNING COMMISSION STAFF REPORT
TO:
PLFFNING COMMISSION
MEETING DATE:
REPORT DATE:
ITEM NO.: 5
8/11/99
8/3/99
FROM:
SCOTT AFDERSON, ~
PLAFNING DIRECTOR
SUBJECT: PUBLIC HEARING ON ADEQUACY OF NED'S WAY GARDEN HOMES
PRECISE DEVELOPMENT PLAN DRAFT ENVIRONMENTAL IMPACT
REPORT (DEIR)
BACKGROUND
The Ned's Way Garden Homes Precise Development Plan application
proposes the construction of 25 units of senior housing on 1,51
acres of land located on Ned's Way near its intersection with
Tiburon Boulevard,
A draft environmental impact report (DEIR) has been prepared for
the Town by EDAW and is currently being circulated for public
review and comment. A detailed project description can be found
in Chapter 3 of the DEIR, which was previously distributed to the
Planning Commission.
The 45-day public review and comment period on the DEIR will end
on August 16, 1999.
This will be the first public hearing held by the Planning
Commission on the adequacy of the DEIR. fu~other hearing is
scheduled for August 25, 1999. Following that hearing, if the
Planning Commission finds the DEIR adequate and in conformance
with CEQA regulations, EDAW will prepare written responses to
comments made on the DEIR. These written responses will then be
considered by the Planning Commission, as part of the Final EIR,
in conjunction with the "merits" of the project.
PLANNING COMMISSION'S ROLE
.
For this hearing, the Co~~ission's role is to receive pUblic
input on the DEIR, not on the merits of the project. Upon
completion of the public hearings on the DEIR, the Commission
shall either accept the DEIR as being in conformance with CEQA
and the Town's Local CEQA Guidelines, or may move continuance of
the hearing pending receipt of additional information necessary
to achieve such conformance,
Tl8URON PlANNING COMMISSION
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EXHIBIT NO. 0
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All comments, responses, and any changes to the text of the DEIR
made as a result of the comments will constitute the Final
Environmental Impact Report (FEIR) for the project.
The FEIR is an informational document used to assist Town
officials in making an informed decision on a project
application. The purpose of the document is to provide public
agencies and the public in general with detailed information
about the environmental effects of a project, ways in which the
effects can be minimized (mitigated), and to indicate
alternatives to the project.
The Planning Commission acts in an advisory capacity to the Town
Council on Precise Development Plan applications. Therefore, the
role of the Planning Commission with respect to the Final
Environmental Impact Report will be to "consider" the document in
making its recommendations to the Town Council on the project
"meri ts". The Planning Commission will not certify the EIR, but
may formally recommend that the Council do so (see Exhibit 1),
excerpts from the Town of Tiburon Environmental Review
Guidelines.
THE PUBLIC'S ROLE
Members of the public are encouraged to express their views on
the adequacy of the DEIR either orally (at the hearing) or in
writing. The submission of written comments is especially
encouraged, Comments should focus on the sufficiency of the DEIR
in discussing possible impacts on the environment, ways in which
adverse impacts might be minimized, and alternatives to the
project, Comments and questions from the public will be recorded
and noted by the EIR consultant, who will later prepare written
responses.
ANALYSIS
Impacts of the Project
The DEIR indicates that implementation of the Ned's Way Garden
Homes project has the potential to generate significant traffic
and circulation, hydrology, and short-term noise impacts, The
DEIR also indicates that all of these impacts can be reduced to
less-than-significant levels through implementation of feasible
mitigation measures. The impacts and mitigation measures are
described in full in Exhibit 2,
TleURON PlANNING COMMISSION
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2
EXHIBIT NO.JL
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Alternatives to the Project
~ .
The DEIR describes three alternatives to the project:
1. A "No Project Alternative".
2. A "Mitigated Project Alternative".
3. A "Reduced-Density Alternative".
Discussion of these alternatives is found in Chapter 5 of the
DEIR.
In addition, the DEIR looked at 'off-site" alternatives in the
form of other locations where the project could feasibly be
undertaken. The DEIR concluded that there are no suitable
alternate locations in Tiburon where this project could be
undertaken, The DEIR also addresses other development
alternatives, such as a single story unit project, at pp. 109-10,
However, from an environmental standpoint, such alternatives do
not lessen any identified potentially significant environmental
impacts, and are therefore not analyzed as separate project
alternatives under CEQA.
CEQA requires that an EIR designate an "environmentally superior"
alternative to a project. The EIR consultant identified the
"Mitigated Project Alternative" as the environmentally superior
alternative.
PUBLIC COMMENTS RECEIVED TO DATE
As of August 3, 1999, only one written comment letter (Exhibit
31, from the Golden Gate Bridge District, has been received on
the DEIR. The State Clearinghouse has also submitted its list of
agencies to which the DEIR was referred (Exhibit 41.
RECOMMENDATION
That the Commission accepts public testimony on the DEIR and
continues the public hearing to August 25, 1999. The Commission
generally makes its own comments on the DEIR following the public
testimony.
EXHIBITS
1. Excerpts from local CEQA Guidelines.
2. Summary of impacts and mitigation measures from DEIR.
3, Comment letter dated 7/12/99 from Golden Gate Bridge &
Highway District.
4, State Clearinghouse acknowledgment of Receipt dated 7/7/99.
\neds,delrpc,rpt
TlBURON PLANNING COMMISSION
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8111111Sl
EXHIBIT NO.~
pr:5 J ":f-
project Draft EIR shall be mailed to all
property owners within 300 feet, affecte'
homeowners' associations, all Responsi e
Agencies and to those Trustee Age ~es
responsible for natural resources ected
by the project, with a copy to eState
Clearinghouse.
The Town shall make reaso ble efforts to
notify other affected rties not listed
above, such as renter and leaseholders.
Copies of the Not' e of Preparation shall
be sent to sponsible Agencies and
Trustee Agenc' s by certified mail or by
other metho f transmittal which provides
a record at the notice was received.
(15082)
3.
..
~ 5.
shall utilize the information
ined in the Initial Study, responses to
t Notice of Preparation and any meetings held
o discuss the environmental effects of the
project when establishing the scope of an EIR.
(15082, 15083)
In the case of a public project, the Draft EIR
may be prepared by Town staff or an independent
consultant selected by the Town. In the case
of a private project, the draft shall -be
prepared by an independent consultant selected
by the Town. The applicant shall be informed
by the lead Town department of procedures
involved in the selection and payment of such
consultant (see Appendix H). (15084)
Public Review of Draft EIR
a. Upon completion of the Draft EIR, the lead
Town department shall file a Notice of
Completion with the state Clearinghouse
(see format in Appendix C). The lead
department shall deliver copies to the
state Clearinghouse for distribution to
state agencies and shall deliver copies
directly to all other Responsible
Agencies, Trustee Agencies, or other
agencies and Town departments which
exercise authority over the resources
which may be affected by the project.
(15085, 15086) Review periods for Draft
EIR's will be not less than 30 annot
TOlIN OF TIBURON ENVIRONMENTAL REVIEW GUIOELINE~BIT NO'~4 :t
p, '" 14
E
more than 90 days from the date of publi~ .
notice.
b. Review periods for EIR's which have state
agencies as Responsible Agencies shall be
at least 45 days unless a shorter period
is approved by the State Clearinghouse.
c. The public shall be notified of the
existence of Draft EIR's and the start of
the review period at the same time as the
Notice of Completion is sent to the State
Clearinghouse by one of the following
(15087) :
1) Publication of the Notice of
Completion in a newspaper of general
circulation.
2) Noticing of owners of property within
300 feet of the outside boundaries of
the project site, and affected
Homeowner's Associations.
3)
Posting
bulletin
entrance
of a notice on
board outside
to Town Hall.
a public
the main
d.
All notices shall specify
set for public hearing
adequacy of the Draft EIR.
After the public review period
completed, a hearing to assess
adequacy of the Draft EIR shall
conducted by the Planning commission.
merit hearing on the project shall not
conducted until the Final EIR
completed.
is
the
be
A
be
is
4)
the date
on the
e. At public hearings, members of the public
may express their views on the adequacy of
the Draft EIR orally or in writing.
Submission of comments in writing is
encouraged. Reviewers should focus on the
sufficiency of the EIR in discussing
possible impacts upon the environment,
ways in which adverse effects might be
minimized, and alternatives to the
project.
f. Upon completion of the public hearing, the
Planning Commission shall either accept
the Draft EIR, if i~~~~d ~ be
TOlIN OF nBURON ENVIRONMENTAL REVIEW GUIDELINES 216191 p. ..5'0+ :r~5
~. +(p.j.~fr
~
"
in conformance with CEQA Guidelines and,..
the requirements for a Draft EIR stated
herein, or move continuance of the hearing
pending receipt .of additional information
necessary to achieve such conformance.
Upon acceptance of the Draft EIR, the
Planning Commission shall then establish a
reasonable period of time, not to exceed
45 days, in which to allow completion of
the Final EIR in the manner prescribed
herein. Acceptance or continuance of the
Draft EIR (as opposed to certification of
the Final EIR) is not an appealable
action.
6. Final Environmental Impact Reports
a. The Final EIR shall consist of the
following:
1)
including
all
The Draft EIR,
revisions thereto;
2)
Copies of all written responses
summary of verbal responses.
will include the minutes
hearings on the Draft EIR;
and a
This
from
3) The lead Town department and/or
consultant's responses to comments
received on the Draft EIR;
4) Any modification or additional data
which the Planning commission deems
necessary to provide an adequate
environmental review of the project.
5) A Mitigation Monitoring Program.
b. Certification of Final EIR (15090)
The Final EIR shall be considered by
the Planning commission at its public
hearing on the merits of the project.
If approval of the proj ect
application is final at the
Commission level, the Planning
Commission shall certify completion
of the Final EIR before taking an
action on the project (see Resolution
Certifying Completion, Appendix I).
If the action of the Planning
Commission is advisory to the Town
Council, the commission shJ1
consider the Final EIR in making its EYJ.ITBIT"NO
recommenda tion. The Town Council ~o NTAL REVIEW GUIDELINES 2I6/~~"" iP r J '
shall certify the final report prior . p, oT T 16
to its action on the project.
1)
~o.
I
(~-3,tk
EXHIBITS 2 -4 ARE CONTAINED ELSEHWERE IN THE
TOWN COUNCIL PACKET AND/OR EIR AND ARE NOT
REPRINTED IN THIS EXHIBIT
EXHIBIT NO.D-.
p. t .r f-
Lr- u 0.;-';;
1.;;;J'~w-- U
5. NED'S WAY & TIBURON BOULEV ARD:.NEo'S WAY GARDEN HOMES PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT (OEIR); Ned's Way Garden Homes,
LLC, applicant; Assessor Parcel No. 058-151-35. The Planning Commksion will hear
public testimony on the DEIR for a 25-unit senior housing project located on 1.51 acres
of land.
Planning Director Anderson stated that this is the 25 unit Senior Housing project proposed for the
former Town Hall site. The DEIR has been distributed and is in the middle of the public review
period, which ends August 16"'. This is the first public hearing and the Commission will also hear
testimony at the August 25'" meeting. He noted that Bobbette Biddulph from EDA W, who
prepared the EIR, was present to answer questions.
The Commission may provide comments at either meeting, These comments, those of the public,
and the Staff and consultant written responses will be included in the Final EIR. The public
comments at this meeting and the next meeting are to focus on the DEIR issues and impacts only,
not the merits of the project.
Over 200 notices were mailed to neighbors and agencies. To date, there have been no responses
from neighbors, and just two responses have been received from agencies.
The DEIR found the potential for impacts on traffic, circulation, hydrology, and noise, but all
could be mitigated. The three alternatives were no project, a mitigated project, and a reduced-
density project. The DEIR also looked at off-site alternatives, but found no suitable site. The
mitigated project is the environmentally superior alternative,
Mr. Anderson recommended the Commission hold the public hearing, receive testimony, and
continue the item to the August 25th meeting.
Chair Berger confIrmed that the letters received would automatically be included in the comments.
Chair Berger opened the Public Hearing at 8:10 p.m. for comments on the EIR only, not the
merits of the project.
Wendy Buchen, Commission on Aging, noted the importance of low cost housing for all ages in
the County. She asked how the EIR addressed the parking,
Babbette Biddulph, EDA W, stated that the parking mitigation was on page 66 and in the Staff
Repon summary. The overall number was adequate, but the number of guest parking spots was
not, so this could be mitigated by adjusting the allocation between guest and resident parking. Six
residential spaces in the garage could be redesignated so there would be 10 general use spaces that
could be used by residents or guests,
TlBURON PLANNING COMMISSION
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MINtrrES NO. 810 OF AUGUST 11. 1999
EXHIBIT NO. E
p, L.f f
Planning Director Anderson further noted that the mitigation measure calls for reallocation of
spaces, but an alternative mitigation in the DEIR would be to create off-site spaces for guests
which would not be behind gates. He noted there were 25 units and 50 parking spaces.
Commissioner Stein asked about the statement on page 65 of the DEIR that some parking spaces
might go unused. Ms. Biddulph stated that was based on the Tiburon Code of 1.5 spaces per unit
and is consistent with other communities in the area, as well as the traffic consultant's
understanding of projects of this type. Mr. Stein wondered what the parking requirements were
for Point Tiburon, and thought it would be helpful to have that information.
Commissioner Knoble thought the Commission needed to be consistent and noted that they had
made Mr. Wear have two spaces per unit when one of his units was quite small. With the type of
senior citizen expected to occupy this project, it was likely to have one car per person, These are
ambulatory people and it could be assumed all would be drivers.
Commissioner Stein stated that they accepted the definition of senior as an adult subdivision, so
they had to be consistent and recognize that they will drive.
Vice-Chair Slavitz said the EIR would need to be revised as it says that one space per unit would
be adequate for senior housing,
Chair Berger agreed and stated that this age group would be younger than is typical of most
occupants of senior housing projects.
Larry Smith, Chairman of the Senior Housing Advisory Committee, noted that Ned's Way abuts
the open space. There could be diagonal parking all the way up the hill, which would resolve
parking for both the senior housing and the Hilarita.
Chair Berger wanted to make sure the parking demand is really for the age group that will be
living there.
Larry Smith stated th~ the research the committee had done supported the fact that there <l!e fewer
cars as people age,
Commissioner Stein thought the diagonal parking solution made good sense and wondered whether
it was an option. Mr. Anderson stated that it was listed in the EIR as an alternative mitigation for
parking. Mr. Stein said he would like to see more discussion on this off-site parking in the Final
EIR.
Commissioner Stein asked about the circulation impacts of this project on the ingress and egress
at Ned's Way. It is difficult to turn left onto Tiburon Boulevard, so he usually goes the back way
TlBURON PLANNING COMMISSION
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MINUTES NO. 810 OF AUGUST ll, 1999
EXHIBIT NO. E
p,lof-f
to the light at Lyford Drive, The EIR does not use that route and he wondered whether it had been
considered.
Mr, Anderson said that the traffic study concluded that the best solution was to prohibit any access
to the unnamed road from the Ned's Way project, and to make improvements to the intersection
at Tiburon Boulevard as part of the police station project. There will be a dedicated left turn lane
and a merge/acceleration lane, which will greatly improve the functioning of the intersection. He
noted that after the senior housing project is complete, the site would not generate any more traffic
than when the Town Hall and Police Station were there. The unnamed road has a congestion
problem because of the school and day care center back-up. It was felt that it was better to not
have that as a possibility, but to use Ned's Way, He noted that the Town had required all of the
Senior Housing project designs to prohibit access onto the unnamed road as part of the Request
for Proposals process. It was considered a valuable mitigation measure for the back-up problem
on the unnamed road.
Commissioner Stein asked if they had considered an exit gate from the project onto the unnamed
road. He agreed it would be the same amount of traffic, but most people there knew to use that
exit. He would like to see that alternative explored with the aspect of the barrier to close it off
during the busy times, At neighborhood meetings, everyone complains about left turns onto
Tiburon Boulevard. He thought the unnamed street could help,
Vice-Chair Slavitz noted that there were school children there. Chair Berger stated that the study
had determined that was not the best way. Commissioner Stein said the improvements to Tiburon
Boulevard have not been done yet, so we do not know how they will work. Once the decision is
made, the Town will have to live with that decision. It is best to study it now. That exit could be
made safe. He felt it should be looked at.
Vice-Chair Slavitz wondered what level of use would trigger a signal for that intersection. Mr,
Anderson said that intersection would most likely never qualify for a traffic signal. He thought
it would be possible for Ned's Way Garden Homes occupants to use the unnamed road if they
wanted to. Commissioner Stein said he would not want to prevent people from using the signals
. that we have, such as_at Lyford Drive.
Vice-Chair Slavitz wondered then what the impact on the school would be with the increased
traffic. Commissioner Knoble felt this was a useful discussion. Commissioner Stein said the reason
to have the discussion now was so it would not be necessary to reduce the project density to
address traffic impacts.
Commissioner Knoble said her other concern was about noise during construction. The steel
curtain would be put up across from the school, but not on the Hilarita side. Mr. Anderson said
the playground is right across the street, whereas the Hilarita is enclosed and the sound would not
TIBCRON PLANNING COMMISSION
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MINUTES NO. 810 OF AUGUST 11. 1999
EXHIBIT NO. E
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be as loud. Ms. Knoble thought that could be looked at some more, as the Hilarita is actually
closer than the school.
Commissioner Stein wondered why the lack of sidewalks on the project frontage was not
considered an environmental impact in the EIR. Ms. Biddulph stated that the EIR preparer was
bound by the CEQA thresholds which were changed last year. The EIR considers impacts to the
physical environment. Sidewalks are mostly a design element. Mr. Stein said that walkability is
an environmental concern and he agreed that a sidewalk makes sense there. He felt that the
language should be very strong for having the sidewalk.
MIS Knoble/Berger (4-0) to continue to the August 25'" meeting.
Director Anderson advised the Commission that the Council would
of the con version for which the Commission required ng area to be widened. Chair
Berger volunteere esent the Commissio
H' 0 further business, the Commission adjourned at 8.:50 p.m.
MILES BERGER, CHAIR
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
m990811
TlBURON PLANNING COMMISSION
7
MINUTES NO. 810 OF AUGUST 11, 1999
EXHIBIT NO. E
~,4- <If t
\fU~~ ~@w>~
PLANNING COMMISSION STAFF REPORT
TO:
PLANNING COMMISSION
MEETING DATE: 8/25/99
REPORT DATE: 8/19/99
ITEM NO.: 3
FROM:
SCOTT ANDERSON,
PLANNING DIRECTOR
SUBJECT: PUBLIC HEARING ON ADEQUACY OF NED'S WAY GARDEN HOMES
PRECISE DEVELOPMENT PLAN DRAFT ENVIRONMENTAL IMPACT
REPORT (DEIR)
BACKGROUND
At its meeting of August 11, 1999 the Planning Commission held a
public hearing on the adequacy of the DEIR for the Ned's Way
Garden Homes project. Following public testimony, the Planning
Commission continued the public hearing until August 25, 1999.
A total of seven (7) comment letters have been received. These
are as follows:
1. Golden Gate Bridge District dated 7/12/99.
2. Regional Water Quality Control Board dated 8/6/99.
3. John Roberto Associates (applicant) dated 8/11/99.
4. Belvedere Lagoon Property Owners Association dated 7/30/99.
5. Belvedere-Tiburon Child Care Center dated 8/16/99.
6. Reed Union School District dated 8/16/99.
7. James Wilson dated 8/16/99.
These letters are attached as Exhibits 1-7.
ANALYSIS
For this hearlng, the Commission's role is to receive public
input on the DEIR, make its own comments, and either:
. Accept the DEIR as being adequate and prepared in conformance
with CEQA and the Town's Local CEQA Guidelines, or
. Declare the DEIR inadequate and move to continue the matter
hearing pending receipt of additional information necessary
to achieve such conformance.
Planning Department Staff and the EIR consultant have reviewed
the comment letters received to date. Nothing in the comment
letters has changed our previous conclusion that the DEIR is
TlBURON PLANNING COMMISSION
STAFF REPORT
8f.15A1'
1
F
EXHIBIT NO.
p, I J"3
adequate and has been prepared in conformance with CEQA. Staff
believes that the appropriate course of action is to direct the
EIR consultant to respond to all written and oral comments
received on the DEIR and release a Final EIR.
It is anticipated that the responses to comments and the FEIR
will be ready for public release in 3-4 weeks. Once the FEIR is
released, the Planning Commission will hold a public hearing to
consider the merits of the project in conjunction with the FEIR.
Staff anticipates that the public hearing on the merits could be
held as early as September 22, 1999.
STAFF RECOMMENDATION
. That the Commission accepts public testimony on the DEIR,
makes its own final comments on the DEIR, and closes the
public hearing.
. That the Commission accepts the DEIR as adequate and as having
been prepared in conformance with CEQA and local CEQA
Guidelines.
. That the Commission directs that responses to comments be
prepared and incorporated into the FEIR.
EXHIBITS
1. Golden Gate Bridge District letter dated 7/12/99.
2. Regional Water Quality Control Board letter dated 8/6/99.
3. John Roberto Associates (applicant) letter dated 8/11/99.
4. Belvedere Lagoon Property Owners Association letter dated
7/30/99.
5. Belvedere-Tiburon Child Care Center letter dated 8/16/99.
6. Reed Union School District letter dated 8/16/99.
7. James Wilson letter dated 8/16/99.
\neds\de~rpc2.rpt
TlBURON PLANNING COMMISSION
STAFF REPORT
"'''''''
2
F
EXHIBIT NO.
p, 'J -+3
EXHIBITS 1 THROUGH 7 CAN BE FOUND IN THE FINAL
EIR DOCUMENT ND ARE NOT REPRINTED IN THIS
EXHIBIT
[EXK lell =9
EXHIBIT NO. F
pc 3 c+ 3
PUBLIC HEARING
3. NED'S WAY & TIBURON BOULEVARD: NED'S WAY GARDEN HOMES PROJECT
DRAFT ENVIRONMENTAL IMPACT REPORT (OEIR); Ned's Way Garden Homes,
LLC, applicant; Assessor Parcel No. 058-151-35. The Planning Commission will hear
public testimony on the DEIR for a 25-unit senior housing project located on 1.51 acres
of land. (Continued from August 11, 1999.)
Chair Berger stated that this was the second hearing for public comments to be made on the DEIR
for the consultant to take comments for the Final EIR. The comments should be on the elements
to be addressed in the EIR, not on the design or merits of the project.
Planning Director Anderson stated that he had received eight comment letters, which he had
reviewed and found that all could be responded to in the FEIR. The FEIR should be ready for
review by the Commission in September. He recommended the Commission take testimony and
find the DEIR adequate and in conformance with CEQA.
Mr. Anderson noted that Bobbette Biddulph from EDA W was present to answer any further
questions on the DEIR,
Chair Berger commented that he found the letters interesting and encouraging of the DEIR. He
asked about the mitigation of raising the height by two feet to have less excavation and wondered
whether height was an issue. Mr, Anderson said that this had been considered in the DEIR, The
applicant attempted to keep the height within the 30-foot limit. A height limit above 30 feet could
be approved in the Precise Development Plan.
The public hearing was opened at 7:40 p.m,
Jeri Johnson, Reed Union School District business manager, stated that the school was concerned
about the noise next to the school and the lack of mitigation for that. This is an important factor
for learning. She also was concerned about the discussion of traffic routed through the Reed
parking lot. The school district had worked with the planning director so that would not happen,
The parking lot is not a thoroughfare, nor a street. The unnamed road ends before their parking
lot. She stated that the lack of parking on site was addressed last year. She asked about the
process.
Bobbette Biddulph stated that they are receiving the comments on the DEIR. These comments and
responses to them, and corrections to the DEIR will become the Final EIR.
The public hearing was closed at 7:45 p.m,
Commissioner Stein stated that according to the applicant's planning consultant, certain items are
not within the threshold of significance, He was concerned primarily with the parking allocation
and sidewalks, which he felt were within the purview of the EIR,
TIBL'RON PLA.."JNING COMMISSION
2
MINlJrES NO. 811 OF AUGUST 25,1999
EXHIBIT NO.~
~, (of J.
Vice-Chair Slavitz stated that the planning consultant would decide what is covered. Mr. Anderson
added that Staff and the consultant would review those items and respond appropriately,
Commissioner Stein asked about the unnamed road ending before Lyford Drive, Mr. Anderson
stated that the Town holds a connecting easement to Lyford Drive.
Chair Berger stated that the parking adequacy should be addressed, because the occupants would
be ambulatory,
MIS BergerlSlavitz (3-0) to accept the DEIR as adequate and as having been prepared in
conformance with CEQA and local CEQA Guidelines, and directed that responses to comments
be prepared and incorporated into the FEIR,
1865 MAR WEST: ANNUAL REVIEW OF HOME OCCUPATION PERMIT; Warren
Callister, AlA, applicant; Assessor Parcel No. 59-061-29 and 35.
Planning irector Anderson stated that this is the one-year review of the home occupation permit
that was app ved for the architectural office of Warren Callister. The office had been in use for
over thirty ye , but was transferred to a home occupation because of loss of parking due to
construction of a me at 1859 Mar West. His review showed that all conditions are being met
and he did not find thing unusual. Notices had been sent to neighbors within 300 feet and one
letter had been receive 'n support. Mr. Lisk, the neighbor at 1859 Mar West, was present. Mr.
Anderson noted that Mr, isk's house was still not completed, so there were some parking
difficulties due to the const ction, but the house is near completion, He recommended the
Commission find the Home Oc ation Permit in conformance with the conditions and consider
setting either Staff Review or a tw ear review period.
There were no public comments.
Vice-Chair Slavitz stated that if it is working had no problem with Staff Review.
Commissioner Stein stated that the previous conce eemto have not been borne out and he was
all for streamlining the process,
Chair Berger stated that he was happy this has worked out, commended Mr. Anderson for the
home occupation solution, He agreed to Staff Review for the
the Commission if there are problems.
MIS Slavitz/Berger (3-0) to find the Home Occupation Permit in confor nce with the conditions.
Future reviews to be conducted by Staff and returned to the Commission' deemed necessary,
TIBURON PL.'\;'lNING COMMISSION
3
MINlITES NO. 811 OF AUGUST 25.1999
EXHIBITNO.~
pr J 0 f J..
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT (FEIR) FOR THE NED'S WAY GARDEN HOMES PROJECT (PD#44)
AND MAKING FINDINGS OF FACT FOR THE NED'S WAY GARDEN HOMES
DEVELOPMENT PROJECT
ASSESSOR PARCEL NUMBER 58.151-35
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section.L Finding:s.
WHEREAS, a Draft Environmental Impact Report (DEIR) evaluating the
proposed Ned's Way Garden Homes project has been prepared and transmitted by the
Town ofTiburon to all concerned parties for review and comment; and
WHEREAS, notice of the availability of the DEIR was given as required by law;
and
WHEREAS, written comments on the DEIR were accepted from July 1, 1999
through August 16,1999; and
WHEREAS, the Planning Commission held public hearings on the DEIR on
August 11, 1999 and August 25, 1999 and accepted testimony; and
WHEREAS, agency and public comments have been responded to in the Final
Environmental Impact Report (FEIR) for the Ned's Way Garden Homes project; and
WHEREAS, the FElR was prepared in accordance with the provisions of the
California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission considered the FEIR and recommended
certification of said document to the Town Council through adoption of Resolution No.
99-17 on September 22, 1999; and
WHEREAS, the FEIR identified certain potentially significant adverse impacts on
the environment caused by the project.
NOW, THEREFORE, BE IT RESOLVED, that the Ned's Way Garden Homes
Final Environmental Impact Report
1. Consists of:
a. Ned's Way Garden Homes Draft EIR dated June 1999; and
Tiburon Town Council
Resolution No.
--/--/99
1
EXHIBIT NO. ~
~r ( 6.( L?
b. Ned's Way Garden Homes final EIR dated September 1999.
2. Is hereby certified by the Town Council to have been completed in compliance
with the California Environmental Quality Act and all applicable guidelines.
3. Has been presented to the Town Council of the Town ofTiburon, which has
reviewed and considered the information contained in the Final EIR.
4. Reflects the independent judgement and analysis of the Town CounciL
5. Is hereby adopted as the Environmental Impact Report for the Ned's Way Garden
Homes project.
NOW, THEREfORE, BE IT fURTHER RESOLVED, that pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15901, the Town Council
hereby adopts the following findings offact attached hereto as Exhibit "A".
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 1999, by the following vote:
AYES
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS:
MOGENSBACH,MAYOR
TOWN OF TIBURON
ATTEST
DIANE L. CRANE, TOWN CLERK
Tiburon Town Council
Resolwion No.
--/--/99
2
EXHIBIT NO.~
p, J. 0+ (8
EXHIBIT "A"
Decision and Findings of Fact for the
Ned's Way Garden Homes
Development Project
EXHIBIT NO. "J
p, J <of Ii
A. INTRODUCTION
The Ned's Way Garden Homes, LCC has proposed the development of a 25-unit multi-
family residential development designed for independent living seniors on a 1.5l-acre
site in Ihe Town of Ti buron (the "Project"), as described in Section C of these findings.
The Town of Tiburon has prepared an Environmentallmpact Report (ElR) for the
proposed project in compliance with the California Environmental Quality Act
(CEQA) (Public Resources Code ~21000 et seq.) and the State CEQA Guidelines
(Guidelines) (California Administrative Code ~15000 et seq., as amended).
The Town has approved the project and adopts the findings described herein, in
compliance with CEQA.
In ~21081, CEQA provides that:
Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall
approve or carry out a project for which an environmental impact report has been
certified which identified one or more significant effects on the environment that would
occur if the project is approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the follOWing findings with respect to
each signijicant effect.
(1) Changes or alternations have been required in, or incorporated into, the
project which mitigate or avoid the significant effects on the
environment.
(2)
Those changes or alterations are within the responsibility and
jurisdiction of another public agency and have been, or can and should
be, adopted by that other agency.
(3)
Specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opportunities
for highly trained workers, make infeasible the mitigation measures or
allernallves identified in the environmental Impact report.
EXHIBIT NO..J:...
2
October 13, 1999
P'4- _+ (f
(b) With respect to significant effects which were subject to afinding under
paragraph (3) or subdivision (a), the public agency finds that specific
overriding economic, legal, social, technological, or other benefits of the
prOject outweIgh the significant effects on the environment.
For the purposes of these findings, the term "mitigation measures" shall constitute the
"changes or alterations" discussed above. The term "mitigate or avoid" will refer to
the effectiveness of one or more of the mitigation measures to reduce an otherwise
significant environmental effect to a less-than.significant level.
Because the EIR identified significant effects that would occur as a result of the Ned's
Way Garden Homes Projecl (Project), and in accordance with the provisions of CEQA,
the Town ofTiburon hereby adopts these findings as part of the approval of the
Project.
B. PROJECT SETTING AND LOCATION
The Tiburon Town Council adopts these Findings of Fact in conjunction with the
approval of the Proj ect.
The Project site is a 1.51-acre parcel located at the northeast corner ofTiburon
Boulevard and Ned's Way. It is situated on a south-facing slope with primary views to
the City of Belvedere. Two former Naval housing buildings dating back to World War
II occupy the site. One building was formerly the Tiburon Town Hall and is now a
construction office for the Tiburon Police Building, which is currently being built
adjacent to the project site. The other building on the property houses the Tiburon
Police Department. Both buildings would be demolished to accommodate the housing
project.
Access to the Project site is provided via Tiburon Boulevard and Ned's Way. Street
frontage is avaIlable both from Ned's Way and a paved, unnamed access easement
along Ihe southern edge of the property This access road continues eastward to
provide access to the Bclvcdere-Tiburon Child Care Center, the Town of Tiburon
Corporation Yard, a Pacific Bell utility installation, and Reed Elementary School.
3
EXHIBIT NO. J
8,5' J (J'
October 13, 1999
A complete description of the Project and its setting is provided in Chapter 3 of the
Draft Environmental Impact Report.
C. PROJECT DESCRIPTION AND APPROVAL
The Town of Tiburon Town Council authorizes development of the Project, which has
the following characteristics:
. The development would consist of 25 homes made up of thirteen buildings
(twelve duplexes and one detached home). Total project square footage would
be approximately 38,783 square feet.
. The Project would be a common interest development (planned unit
development) with each unit and the land under it individually owned. The
parking facility and the interior courtyardlandscaped are would be owned by the
2S-unit o\vner "in common."
. The development would consist of 21 market-rate units and 4 below-market-rate
(BMR) units. Eight of the homes would be designed to be fully adaptable to
meet the American with Disabilities Act. These eight homes would be designed
with the main living area and a bedroom at the entry level.
. Project architecture would be California Craftsman style, with shingled
exteriors, wood trellises and divided.light windows. Second floors are mostly
treated as dormers within a roof that is one story at the eves so that buildings
will appear to be one-story or a story and a half as viewed from the interior
courtyard. All living areas within the homes would access private gardens that
would separate the homes from an interior courtyard.
. Access and egress from the Project will be from Ned's Way. There will be 50
parking spaces located in a partially subterranean structure.
D. THE RECORD
1. Content
EXIDBIT NO. ~
p, , 0+ (J'
October 13, 1999
The public record for the Project consists of Ihe following elements:
4
a. All non-privileged relevant staff reports, memoranda, maps, minutes and other
planning documents prepared by Town of Tiburon staff and consultants relating to the
Project and which are available to the public in accordance with the California Public
Records Act;
b. The Initial Study prepared for the Project, all CEQA documents prepared for
the Project, and all documents on which CEQA documents rely by reference or
incorporation. These documents include, but are not necessarily limited to the
following:
. Ned's Way Garden Homes Draft Environmental Impact Report (DEIR), June
30, 1999.
. Ned's Way Garden Homes Final Environmental ImpactReport (FEIR),
September 17, 1999.
.
Ned's Way Garden Homes Project Mitigation Monitoring Program, September
17, 1999.
c. All written comments, responses and testimony concerning CEQA documents
received by the Town of Tiburon from public agencies, adjacent property owners, and
interested members of the public concerning the Project, including, but not necessarily
limited to the following:
.
Public Hearing on the Ned's Way Garden Homes D"aft Environmental Impact
Report, Town Planning Commission, August II, 1999.
.
Public Hearing on the Ned's Way Garden Homes Draft Environmental Impact
Report, Town Planning Commission, August 25, 1999.
.
Public Hearing on the Ned's Way Garden Homes Final Environmental Impact
Report, Town Planning Commission, September 22, 1999.
.
Public Hearing on the Ned's Way Garden Homes Final Environmental Impact
Report, Town Council, October 20, 1999.
EXHIBIT NO. ~
oce~e~3~t9!!
5
d. Documents submitted in association with the Project, describing the Project and
supporting or augmenting the environmental documents prepared pursuant to CEQA
for the Project;
e. Any documents embodying the Town ofTiburon's action on the Project
including staff reports and resolutions and the minutes of public hearings and meetings
on the Project;
f. These Findings of Fact adopted in connection with the Project; and
g. All other information including documents or testimony submitted to the Town
of Tiburon supporting or augmenting the environmental documents prepared pursuant
to CEQA
2. Access
The custodian of records for the documents and other materials that constitute the
record of proceedings on which these findings of the Town of Tiburon are based is:
Mr. Scol! Anderson, Planning Director
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
(415) 435-7392
This information is provided in accordance with Public Resources Code Section
21081.6(a)(2)
E. THE DRAFT EIR AND FINAL EIR
Pursuant to Section 15146(a) of the CEQA Guidelines, the DEIR for the Project
summarizes with specificity the effects of the Project. In addition, the FEIR for the
project fulfills the necessary contents, as outlined in Section 15132 of the CEQA
Guidelines. (Collectively, the DEIR and the FEIR shall be referred to through out these
findings as the EIR.)
6
EXHIBITN0 ~
pr K of rg
October 13, 1999 .
.-
The ErR for the Project fulfills all the necessary requirements of CEQA and the
Guidelines issued thereunder. Pursuant to CEQA, the EIR includes mitigation
measures for each significant effect on the environment.
The EIR was prepared by the private consulting firm under contract to, at the direction
of, and in consultation with the Town of Tiburon. The EIR and all of its conclusions
have been independently reviewed by the Town ofTiburon and they represent the
Town ofTiburon's indcpendentjudgment.
F. TERMINOLOGY OF FINDINGS
Public Resources Code Section 21081(a) and Section 15091 of the CEQA Guidelines
require that, for each significant environmental effect identified in an EIR for a
proposed proJect, the approving agency must issue a written finding reaching one or
more of these allowable cOrlclusions. The first is that "[c]hanges or alterations have
been required in, or incorporated into, the project which avoid or substantially lessen
the significant environmental effect as identified in the final EIR." The second
potential finding is that "[sJuch changes or alternations are within the responsibility
and jurisdiction of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be adopted by such
other agency." The third permissi ble concl usion is that "[s]pecific economic, legal,
social. technological, or other considerations, including provision of employment
opportunities for highly trained workers, make infeasible the mitigalion measures or
project alternatives identified in the final EIR."
G. LEGAL EFFECT OF FINDINGS
All of the feasi ble mitigation measures that avoid or substantially lessen the significant
effects of the Project are binding on the Town of Tiburon, any and all affected
landowners, and their assigns or successors in interest.
H. MONITORING PROGRAM
As required under Public Resources C'ode Section 21081.6, the Town ofTiburon, in
adopting these findings, also adopts a Mitigation Monitoring Program designed to
ensure that during implementation of the Projeet, the Town ofTiburon, the project
7
October 13, 1999
EXHIBIT NO ~ fl ,ci ,+ I~
developer, and any other responsible parties, implement the adopted mitigation
measures. The Mitigation Monitoring Program is included as Attachment A to these
Findings.
I. ALTERNATlVES
In accordance with Section 15126.6 of the State CEQA Guidelines, a range of
reasonable alternatives to the Project that could feasibly attain the basic objectives was
addressed in the EIR. A comprehensive evaluation of the No Project Alternative, in
accordance with Section 15126.6(e) of the CEQA Guidelines, also was included in the
EIR. The alternatives considered in the EIR included the No Project Alternative, the
Mitigated Project Alternative, the Reduced-Density Allernative, and alternative
locations. Based on the analysis contained in the EIR, the Mitigated Project
Alternative is the environmentally superior alternative that would feasibly accomplish
the objectives of the project. The Mitigated Project Alternative would incorporate the
mitigation measures identified in the EIR. This alternative would not result in
significant environmenral effects since all potential impacts would be reduced to a less-
than-significant levels. The Town approves the Mitigated Project Alternative for
implementation of the Project.
The Reduced-Density Alternative was not selected as the environmentally superior
alternative since it fails to meet most of the project objectives, including the objective
of the Tiburon Redevelopment Agency to develop of a high-density senior housing
project of 25 units on the project site.
A specific off-site alternalive was not identified as feasible because no vacant lands
within the Town could easily accommodate a high-density residential development like
the Project. Available comparable sites do not have an existing land use or zoning
designation that could accommodate the Project. No other suitable alternative
locations exist for the Project with the Town's Planning Area, given the Town's
existing built-out nature and the Town's adopted long-range land use plans.
J.
SUBST ANTlAL IMPACTS THAT ARE A VOIDED OR
SUBST ANTlALL Y LESSENED
EXHIBIT NO. ~
p. 10 0+ tg
October 13, 1999
8
The EIR identified certain environmental impacts of the Project that would be
significant or potentially significant in the absence of mitigation measures. Public
Resources Code Section 21081(a) and CEQA Guidelines Section 15091 require one or
more specific findings with regard to each significant effect.
The findings in this subsection identify such impacts. For all of the identified impacts,
the Town of Tiburon is adopting mitigation measures (changes or alterations) that will
avoid or substantially lessen the impact. With regard to those impacts, the Town of
Tiburon is finding, as authorized by Public Resource Code Section 21081(a)(1) that
"[c]hanges or alterations have been required in, or incorporated into, the project, which
mitigate or avoid the significant effects on the environment." Therefore, after
imposition of mitigation measures, no significant effects on the environment will
remaIn.
1. Traffic and Circulation
a. Impact CIRC-I
i) Potentially Significant Effect: The traffic associated with construction
activities could have a potentially significant impact on traffic operation along
State Route 131 due to the increase in truck traffic volumes (Impact CIRC-l).
ii) Finding: Changes or alterations have been required in, or incorporated into the
Project which mitigate to a less-than-significant level or avoid this significant
impact identified in thc EIR.
iii) Facts in Support of Finding: The Town ofTiburon has adopted and will
enforce the following measures that will reduce construction-related traffic
impacts to Icss-than-significant level:
Thc contractor shall providc to the Town a Traffic Control Plan detailing
planned haul routes and hours of operation, including limitations on
truck trips during peak commute periods.
b.
Impact CIRC-2
EXHIBIT NO. \T
~' {I of I K
9
October 13, 1999
i) Potentially Significant Effect: While the overall number of parking spaces
proposed by the project is adequate based upon the Town's Municipal Code, a
review of surrounding communities' requirements and parking generation
information contained in Parking Generation, ITE, 2nd Edition, 1997, the
project provides an inadequate allocation of guest parking spaces. This
situation could result in a parking shortage for visitors and guests of the
development (Impact CIRC-2).
ii) Finding: Changes or alterations have been required in, or incorporated into the
Project which mitigate to a less-than-significant level or avoid this significant
impact identified in the EIR.
iii) Facts in Support of Finding: The Town of Tiburon has adopted and will
enforce the following measure that will ensure that adequate guest parking
spaces are provided:
One of the following measures, or a combination thereof, shall be
implemented to reduce the current parking shortage and provide a
minimum of ten general use parking spaces:
a. At least ten general use parking spaces shall be provided off-site
within easy walking distance to the project. Currently, the Town
anticipates the development of additional parking along the
eastern boundary of Ned's Way, on the Town-owned property to
the north of the project site.
b. As an alternative to measure "a" above, adequate guest parking
spaces could be provided by the project by reallocating six of the
designaled resident spaces to undesignated/guest parking spaces.
This reallocation would result in a total provision of ten general
use parking spaces. Residents could use these general use spaces
on an as-needed basis.
Wilh the provision of at least ten general use parking spaces, in addition to forty
residentially-designated spaces, potential parking shortage impacts would be -or-
mitigated to less-than-significant level. EXHIBIT NO,V
10
October 13, 1999 ( (<)
~,{J..-\ Q
2. Hydrology, Drainage and Water Quality
a. Impact HYDRO-!
i) Potentially Significant Effect: The Ned's Way Garden Homes project would
increase peak runoff rates within the Reed School Watershed and smaller sub-
watersheds, which is considered a potentially significant impact given the
existing capacity of the downstream system (Impact HYDRO-I).
ii) Finding: Changes or alterations have been required in, or incorporated into the
Project which mitigate to a less-than-significant level or avoid this significant
impact identified in the ElR.
iii) Facts in Support of Finding: The Town of Tiburon has adopted and will
enforce the following measures that will ensure that peak runoff rates are
accommodated by the downstream system:
11
a.
The project applicant shall contribute a fair share of the cost to
mitigate the existing and anticipated future flooding problem.
This contribution shall be proportional to the impact caused by
the proposed project. These funds shall be contributed to the
Town of Tiburon prior to project construction.
b.
The Town of Tiburon shall directly transfer the funds paid by the
applicant to the City of Belvedere as a contribution to the
planned Belvedere Lagoon Bypass project. At least 75 percent
of the funding for this project has been secured through FEMA.
It is the Town's understanding that the City of Belvedere and the
Bel vedere Lagoon Property Owners Association will secure the
remaining required funding for the project (in addition to
FEMA's and the developer contribution), with construction of
Ihe planned Bypass anticipated in 2000.
c.
Prior to the approval of a building permit for the project, the
project engineer shall provide hydraulic calculations for the
entire drainage network that would receive runoff from the
October 13, 1999
EXHIBIT NO.:I
p, (J o-rl"s
project site, including the drainage inlet to the south of the site.
Any necessary modifications shall be made to the drainage
facilities in the immediate vicinity of the project site if the
capacity is not sufficient.
b. Impact HYDRO-2
i) Potentially Significant Effect: The Ned's Way Garden Homes project would
result in a larger total vol ume of runoff delivered to the downstream drainage
facilities, due to increased impervious areas and decreased infiltration of runoff
into the soil. Increased runoff volume would increase the duration and extent of
flooding in the Belvedere Lagoon area (Impact HYDRO-2)
ii) Finding: Changes or alterations have been required in, or incorporated into the
Project which mitigate to a less-than-significant level or avoid this significant
impact identified in the EIR.
iii) Facts in Support of Finding: The Town of Tiburon has adopted and will
enforce the following measures Ihat will ensure that the environmental effects
related to runoff volume increases are mitigated to a less-than-significant level:
12
a.
The project applicant shall contribute a fair share of the cost to
mitigate the existing and anticipated future flooding problem.
This contribution shall be proportional to the impact caused by
the proposed project. These funds shall be contributed to the
Town ofTiburon prior to project construction.
b
The Town of Tiburon shall directly transfer the funds paid by the
applicant to the City of Belvedere as a contribution to the
planned Belvedere Lagoon Bypass project. At least 75 percent
of the funding for this project has been secured through FEMA.
It is the Town's understanding that the City of Belvedere and the
Belvedere Lagoon Property Owners Association will secure the
remaining required funding for the project (in addition to
FEMA's and the developer contribution), with construction of
the planned Bypass anticipated in 2000. ..,.
EXHIBIT NO. \J
October 13, 1999
pr 14-' J I!
c. Prior 10 the approval of a building permit for the project, the
project engineer shall provide hydraulic calculations for the
entire drainage network that would receive runoff from the
project site, including the drainage inlet to the south of the site.
Any necessary modifications shall be made to the drainage
facilities in the immediate vicinity of the project site if the
capacity is not sufficient.
b. Impact HYDRO-3
i) Potentially Significant Effect: As a result of project grading, the proposed
project could result in a potentially significant threat of soil erosion. This
potential impact is of particular concern on exposed soils on steep slopes (20 to
3D percent) that are prone to erosion (Los Osos-Bonnydoon complex) (Impact
HYDRO-3)
ii) Finding: Changes or alterations have been required in, or incorporated into the
Project which mitigate to a less-than-significant level or avoid this significant
impact identified in the ErR.
iii) Facts in Support of Finding: The Town of Tiburon has adopted and will
enforce the following measures that will ensure that soil erosion is minimized to
a less-than-significant level:
a. Prior to issuance of a grading permit, the applicant shall receive
approval of an Erosion Control Plan submitted to the Town
Engineer. The Erosion Control Plan shall identify the location of
specific erosion control measures to be implemented during
conslruclion. Erosion control measures and soil stabilization
techniques such as straw mulching, erosion control matting,
hydroseeding, revegetation, and preservation of existing
vegetation shall be utilized, in accordance with the regulations
outlined in the Association of Bay Area Government's erosion
and sediment control manuals.
13
EXHIBIT NO. ~
p, IS 0+ (8
OClober 13, 1999
b. These erosion control BMPs shall be monitored for effectiveness
and shall be subject to inspection by the licensed design
professional who prepares the Erosion Control Plan (or other
appropriate licensed professional), as well as the Town Engineer.
c. In order to reduce the risks associated with erosion and
sedimentalion, minimal grading and earthwork shall occur during
the wet season (October 15 through April 15) and such work
shall be stopped before pending storm events. The Town has the
authority to stop all work pursuant to wet weather conditions.
d. A refundable site deposit shall be made by the applicant to the
Town, to be used for site-related emergencies during the
construction phase of the project, such as siltation or dust control.
e. After construction is completed, all drainage facilities and
sedimentation basins shall be inspected for accumulated
sediment. and these drainage slructures shall be cleared of debris
and sediment.
f A precise Winterization Plan shall be developed by the project
engineer and shall be approved by the Town Engineer. The
Winterization Plan shall identify on-site threats of water erosion
and will identify specific control measures to offset such threats
following construction. Winlerization Plan control measures
shall be developed in accordance with the guidelines outlined in
the erosion and sediment control manuals written by the
Association of Bay Area Governments and the San Francisco
Regional Water Quality Control Board. The Town will be
responsible for ensuring identified control measures are
implemented and maintained following significant storm events.
14
EXHIBIT NO. 0-
p-/~J-{g
Gclober 13, 1999
3. Noise
a. Impact NOISE-!
i) Potentially Significant Effect: Daytime interior noise levels at nearby noise
sensitive receptors could potentially exceed the 45 dBA Leq threshold with
conslruction of Ihe proposed Ned's Way Garden Homes project. Consequently,
construction of the proposed project would be considered a short-term,
potentially significant noise impact (Impact NOISE-I).
ii) Finding: Changes or alterations have been required in, or incorporated into the
Project which mitigate to a less-than-significant level or avoid this significant
impact identified in the EIR.
iii) Facts in Support of Finding: The Town of Tiburon has adopted and will
enforce the following measures that will reduce construction-generated noise
levels at nearby noise-sensitive land uses to less-than-significant levels:
a. Acoustic barriers (e.g., lead curtains, wooden sound barriers)
shall be constructed along the southern and eastern boundary of
the project site to reduce construction-generated noise levels at
Reed School and the Children's Center. The barriers shall be
designed to obstruct the line-of-sight between the nearest
occupied buildings and the equipment. When installed properly,
acoustic barriers can reduce construction noise levels by
approximately 10 dBA (EPA 1971)
b. Equipment engine doors on motorized equipment shall be closed
during equipment operation.
c. Individual operations and techniques shall be I :~Iaced by quieter
procedures (e.g., using welding instead of riveting, mixing
concrete offsite instead of onsite).
d.
The quietest offeasible alternate items of equipment shall be
IS
selected for use during demolition and construction activities. ~
'WoYHTRIT NO, _ ..
"dciOiiertl, 1999
~r 17 0+ jg
e. When not in use, motorized construction equipment shall not be
left idling.
f. Stationary noise-generating construction equipment (e.g.,
generators and compressors) shall be enclosed and centrally
located on the project site at the greatest distance possible from
nearby noise-sensitive land uses. The use of enclosures can
reduce equipment noise levels by approximately 5 dBA (EP A
1971).
16
EXHIBIT NO. ~
p- 18' .-f 18
October 13, 1999
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
APPROVING THE NED'S WAY GARDEN HOMES PRECISE DEVELOPMENT PLAN
(PD#44) AND ADOPTING A MITIGATION MONITORING PROGRAM
ASSESSOR PARCEL NO. 58-151-35
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings
A. The Town ofTiburon has received and considered an application filed by Ned's Way Garden
Homes, LLC for a Precise Development Plan on a 1.51 acre site near the intersection of
Ned's Way and Tiburon Boulevard (PD#44). The Precise Development Plan application (File
#39808) consists of the following:
I. Drawings (10 sheets) date-stamped "Received Town of Tiburon September 14,
1999".
2. Precise Development Plan Project Description Text dated December 7, 1998 (2
pages).
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, minutes, application materials, and all comments and
materials received at the public hearings.
B. The Town Council has, by separate resolution, certified a Final Environmental Impact Report
for the project pursuant to the California Environmental Quality Act ("CEQA") (Public
Resources Code, section 21000 et seq.) and the CEQA Guidelines (California Code of
Regulations, title 14, section 15000 et seq.).
C. Pursuant to Section 408.03 of the Tiburon Zoning Ordinance, the Planning Commission held
a duly noticed public hearing on September 22, 1999 and heard and considered testimony
from interested persons on the Final ErR and the merits of the project. The Town Council
has received and considered the recommendations of the Planning Commission relative to the
project and its Final ErR.
D. The Town Council held a public hearing on October 20, 1999 and has heard and considered
testimony on the project.
TIBURON TOWN COUNCIL
RESOLUTION NO
--/--/99
1
EXHIBIT No.K
p. I o~ II
E. The Town Council finds that the proposal, as conditioned, is consistent with the Tiburon
General Plan based on the official record.
f. The Town Council finds that the proposed project is consistent with applicable zoning
regulations, including but not limited to those as required by Section 4.08.04 of the Tiburon
Zoning Ordinance, based upon the official record.
Section 2. Proiect Approval and Adoption of a Mitigation Monitoring Program.
NOW, THEREfORE, BE IT RESOLVED that the Town Council approves the Ned's Way
Garden Homes Precise Development Plan subject to conditions below, and adopts the Mitigation
Monitoring Program attached as Exhibit "A" hereto:
I. The Ned's Way Garden Homes Precise Development Plan drawings (10 sheets) date-
stamped "Received Town ofTiburon September 14, 1999" are hereby approved, said
drawings being on file with the Tiburon Planning Department.
2. This Precise Development Plan shall be modified to incorporate all of the mitigation
measures contained within the attached Mitigation Monitoring Program. If necessary
to decrease daytime noise levels below 45 dBA Leq in Reed Elementary School
classrooms, the project sponsor shall provide air conditioning units or other
mechanical means for those classrooms where the noise standards would not
otherwise be met.
3. Materials and colors used for structures shall blend into the natural environment.
Colors should be restricted to medium-to-dark earth tone colors and materials that
blend with the natural environment and are harmonious with surrounding
development. Final colors and materials shall be approved as part of as part of the
Site Plan & Architectural Review approval.
4. Pedestrian improvements shall be incorporated into the project as part ofthe Site Plan
& Architectural Review approval that will facilitate pedestrian access to the bus stop
located at the northeast corner of Ned's Way and Tiburon Boulevard and to any off-
site parking provided along Ned's Way.
5. Landscape Plans approved herein are preliminary only. Final Landscape Plans shall
be reviewed and approved as part of the Site Plan & Architectural Review approval.
As part of the final landscape plan approval, a determination shall be made by the
Town as to whether the large Cypress tree located near the proposed project
entryway from Ned's Way shall be preserved. final approved landscaping shall be
designed to appropriately screen and soften the visibility of the south-facing elevation
of the project.
TIBURON TOWN COUNCIL
RESOLUTION NO.
--/-/99
EXHIBIT NO. K
p. J 0+ (t
2
6. Prior to the issuance of occupancy permits, the approved on-site perimeter landscaping
shall be installed and a three-year maintenance contract, including replacement provisions
for unsuccessful plantings, shall be executed between the owner and a landscape
maintenance firm acceptable to the Town In addition, a bond or other monetary security
shall be posted with the Town to ensure that the maintenance continues for the three-year
period.
7. Prior to the issuance of occupancy permits, the approved off-site landscaping shall be
installed and an ongoing maintenance contract, including replacement provisions for
unsuccessful plantings, shall be executed between the project sponsor and a landscape
firm acceptable to the Town. In addition, a bond or other monetary security shall be
posted with the Town to ensure timely maintenance and prompt replacement of
unsuccessful plantings. Maintenance of the off-site landscaping shall be the
responsibility of the project sponsor and successors in interest.
8. Any uncovered drainage ditches or other exposed concrete work on the property
visible from off-site shall be constructed with integral earth tone colored concrete or
other suitable earth tone materials. All retaining walls and drainage ditches shall be
adequately landscaped as determined by the Town of Tiburon.
9. Project elevation and site plan drawings approved herein are subject to refinement
through the Site Plan & Architectural Review approval process, including refinements
required by other agencies such as the Tiburon Fire Protection District.
10. As part of the Site Plan & Architectural Review permit application, the project
sponsor shall submit refined drawings showing how a minimum of ten (10) and a
maximum of twenty (20) off-site parking spaces could be provided along Ned's Way
above the project site for visitor/guest parking spaces. A minimum often (10) off-site
parking spaces shall be provided by the project sponsor in order to meet the guest
parking needs of the Ned's Way Garden Homes project. If implementation of the off-
site parking is deemed infeasible in the future, the project sponsor shall be required
to designate ten (10) parking spaces in the project's parking garage for guest parking.
Off-site guest parking is the strongly preferred mitigation, and the maximum practical
number of off-site parking spaces, not to exceed 20 spaces, should be provided.
11. Project sponsor proposes a 30-foot wide off-site landscape buffer to the north of the
project that shall require issuance of a revocable encroachment permit by the Town
Council. Final approved width of the landscape buffer shall be determined at the time
of the Tentative Map approval. Project sponsor shall demonstrate the need for the
full requested 30-foot width.
TIBURON TOWN COUNCIL
RESOLUTION NO
--1--/99 3
EXHIBIT No.K
p,j .f II
12. Applicant shall submit as part of the Site Plan & Architectural Review application
detailed floor plans depicting the following:
a. That a high percentage of units will be accessible from the garage to the
interiors of the units.
b. That a high percentage of units, including the affordable units where
reasonably practicable, will be adaptable for provision of disabled access
between the first and second floors, and adaptable for kitchen and bath use
by the disabled.
13. Traffic mitigation fees shall be paid with issuance of building permits for each unit.
The four below market rate units shall be exempted from this fee.
14. Park and recreation in-lieu fees, as required by Town Ordinance, shall be paid prior
the recordation of the Final Subdivision Map.
15. Prior to issuance of building permits, the applicant shall provide written confirmation
to the Town of Tiburon Planning Department which demonstrates that the project
sponsor has satisfied all conditions of the Town Engineer, Tiburon Fire Protection
District, Sanitary District No 5, and the Marin Municipal Water District.
16. 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.
17. All contractors and subcontractors performing work at the site shall be required by
contract to halt all work within 30 yards of any archaeologically significant resource
that may be uncovered during construction, until a qualified archeologist has
investigated and made recommendations. Representatives of the Native American
community shall be contacted in the event of such a find.
18. This Precise Development Plan 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.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council held on
, 1999, by the following vote
AYES:
NOES:
COUNClLMEMBERS
COUNCILMEMBERS:
TIBURON TOWN COUNCIL
RESOLUTION NO.
--/--/99 4
EXHIBIT NO.-K
p.4 ..-f t\
ABSENT
COUNCILMEMBERS.
MOGENS BACH, MAYOR
TOWN OF TffiURON
ATTEST.
DIANE L. CRANE, TOWN CLERK
\neds\39808tc res. doc
TIBURON TOWN COUNCIL
RESOLUTION NO.
--/--/99 5
EXHIBIT No.K
~,5 0+ (\
EXHIBIT "A
NED'S WAY GARDEN HOMES PROJECT
MITIGATION MONITORING PROGRAM
On June 30, 1999, the Town of Tiburon distributed to public agencies and the general public the Drart Environmental
hnpact Report (EIR) for the Ned's Way Garden I'lomes project. The project is a proposed multi-family residential
development designed for independent living seniors on a I.SI-acre project site in the Town of Tiburon. In accordance
with the California Environmental Qualily Act (CEQA) Guidelines, a 4S-day public review period for the Drart EIR has been
completed, ending August 16, 1999. During the public review period, writlen comments on the Drart EIR were received,
and two public hearings to receive comments on the Drart EIR were held before the Planning Commission (August 11 and
August 25, 1999). All comments on the Draft EIR, and the responses thereto, are presented in the Final EIR, published on
September 17, 1999. The entire EIR consists of two volumes: the Drart EIR and the Final EIR.
Before approving a project, the Town must certify that the EIR was prepared in compliance with CEQA and was presented
to the Town's decision.making body, which reviewed and considered the EIH before approving the project. To support its
decision on the project, the Town must prepare and adopt writlen findings of fact for each significant environmental
impact identified in the EIR. Specifically, the Town must find that, for each significant impact identified, the project has
been changed (including adoption of mitigation measures) to avoid or substantially reduce the magnitude of the impacts
identified in the EIR.
When it makes findings on significant effects identified in an EIR, an agency must also adopt a program for reporting or
monitoring mitigation measures that were adopted (Public Resources Code ~21 081.6). This document is the Mitigation
Monitoring Program for the Ned's Way Garden Homes project. Some of the measures included in this monitoring
program are the responsibility of the applicant and its contractors; however, until mitigation measures have been
completed the Town of Tiburon remains responsible for ensuring that the implementation of the mitigation measures
occurs in accordance with this program (CEQA Guidelines ~ 15097).
In general, this Mitigation Monitoring Program consists of reporting, which consists of written compliance review that wil
be presented to the designated Town representative. The mitigation measures included in this monitoring program shall
be completed at various stages of the project, including during the building and grading permit approval process, during
project construction, and prior to project occupancy. All of the measures shall be completed prior to project occupancy.
The Planning Department (in consultation with the Town Engineer and Building Department) shall provide
documentation that the Mitigation Monitoring Program has been fully adhered to and completed. Documented
completion of the Mitigation Monitoring Program shall be required prior to building occupancy.
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September 10, 1999
ne Program
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Ned Way Garden Homes Prolec
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Impact
Completed 1
(.-)
Responsible (or
Review/Monitoring
'n1ll1ron Planning /
Building Department
liburon Police
Deparllnerl
Responsible ror
Implementation
BuildiJlg Contraclor
TUmron Planning
Deparlment
The Town of llburon
and (he Applicant
When to he
hnplemenle(
)Ian fo be prepared
prior to approval of
grading and building
pennit;
Plan to be implemented
during grading ami
constructiOl
Prior' - nr~
occul
Mltlgallon Measure
CIRC-I TIle contractor shall provide 10 Ihe Town a
TraHic Conlrol Plan rletailing planned haul routes and
hours of operation, including limitations on truck trips
during peak commute periods. With implementation
of this measure, construction-related traffic impacts
would be mitigated to less-than-significant level
ClRe-l: TIle tramc associated
with constnlctioll activities
could have a polentially
significant Impact on traffic
operation along S.R. 131 due to
the increase in truck trame
volumes.
." .-_~ject
CIRC-2: One of the following measures, or a
combination thereof, shall be implemented to reduce
lhe current parking shortage and provide a minimum
of (en general use parking spaces:
a. Alleaslten general use parking spaces shall be
provided off-site wJthin easy walking distance to
the project. Currenlly, the Town anticipates the
development of additional parking along the
eastern boundary of Ned's Way, on the Town-
owned property to the north of the project sile,
As an alternative to measure "a" above, adequate
guest parking spaces could be provided by Ihe
project by reallocating six of the designated
resident spaces to undesignatedlguest parking
spaces. This reallocation would result in a tolal
provision of ten general use parking spaces.
Residents could use these general use spaces on
an as-needed basis,
b.
CIRC-2: While the overall
number of parking spaces
proposed by the project Is
adequate based upon the
Town's Municipal Code, a
review of surrounding
communities' requirements and
parking generation information
contained in Parking
Generation, ITE, 2nd Edition,
1997, the project provides an
inadequate allocation of guest
parking spaces. 1111s situation
could result in a parking
shortage for visitors and guests
of the developmenl
2
With the provision of atleasl ten general use parking
spaces, in addition to forty resldenlially~designaled
spaces, potenlial parking shortage impacts would be
mitigated 10 less-than-signlfieanllevel.
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September 10. 1999
Mitigation Monitoring Procum
When to be Responsible for Responsible for Completed?
Implemente<j Implementation Review/Monitoring (.)
Prior to approval of I Applicant Tiburon Plannillg
are I grading and building UeparlllleI
permit
Ned Way Garden Homes Project
-
-
Impact
MlUgaUon Measure
HYDRO-I: 11le followillg measures shall be
inlplenlented to ensure tllat peak runoff rates
accommodated by the downstream system:
TIle project applicant shall contribute a fair share
of the cost 10 mitigate the existing and anticipated
future nooding problem. 11lis contribution shall
be proportional to the impact caused by the
proposed project. To this end, it is recommended
that the applicant pay a per square foot fee for the
area of additional impervious surface created by
the project. This fee should be renectlve of typical
impervious surface fee in represenlaUve
communities and shall be proportional 10 the
impacts of the project These funds shall be
contributed to the Town of llburon prior to project
construction.
a.
lYDRO-I: llle Ned's Way
Garden Homes project would
increase peak runorr rales
within the Reed School
Watershed and smaller sub-
watersheds, which is
considered a potenlially
significant impact given the
existing capacity of the
downstream system.
TIburon Planning
Departmer
Town of TIburon
Within one monlh of
receipt of funds fror
Applicant
lhe Town of llburon shall directly transfer the
funds paid by the applicant 10 the City of
Belvedere as a contribution to Ihe planned
Belvedere Lagoon Bypass project. At least 75
percent of the funding for Olis project has been
secured through FEMA. It is the Town's
understanding that the City of Belvedere and the
Belvedere Lagoon Property Owners Association
will secure the remaining required funding for the
project On addition to FEMA's and the developer
contribution), with construction of the planned
Bypass anlicipated in 2000.
b.
)
Town Engineer
Project Engineer
Prior to (he approval of
building permit
Prior to the approval of a building permil for the
project, the project engineer shall provide
hydraulic calculations for the entire drainage
network thai would receive runon from the
project site, including the drainage inlelto the
soulh of the sUe. Any necessary modificalions
shall be made to the drainage facilities in the
immediate vicinity of Ihe project site if the
capacity is nol sufficient
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September 10, 1999
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Completed?
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-
-
Impact
Responsible for
Review/Monlloring
Responsible for
Implemenlation
Refer to
Refer to HYDRO.
TowlI Engineer and
TIburon Planning
Departmel
fYDRO.
Applical
When 10 be
Implemenled
Refer to HYDRO.
Prior to approval of
grading pemlil
MiligaUon Measure
IIYDRO-2: Runort volume increases associated with
lhe project would be addressed by construction of the
stonnwater bypass and the Implementation of
MiUgalion Measme HYDRO-I.
IIYDRO-3: TIle following measures shall be
implemented to ensure that soil erosion is minimized
to a less-than-significantlevel
IfYDRO.2: 11\e Ned's Way
Garden Homes project would
result in a larger total volume of
runoff delivered to the
downstream drainage facilities,
due to increased impervious
areas and decreased infiltration
of runoff into the soli. Increased
runoff volume would Increase
lhe duration and extent of
nooding in the Belvedere
Lagoon area.
Prior to Issuance of a grading permit, the applicant
shall receive approval of an Erosion Control Plan
submiUed to the Town Engineer. The Erosion
Control Plan shall identify the location of specific
erosion control measures to be implemented
during construction. Erosion control measwes and
soil slabilization techniques such as straw
mulching, erosion control mailing, hydroseeding,
revegetation, and preservation of existing
vegetation shall be utilized, in accordance with
the regulations outlined in the Association of Bay
Area Government's erosion and sediment control
a.
IIYDR0-3: As a result of projecl
grading, (he proposed project
could result in a potenllally
significant threat of soil erosion.
TIlls potenlial impact is of
particular concern on exposed
soils on steep slopes (20 to 30
percent) that are prone to
erosion (Los Osos-Bonnydoon
complex).
4
Town Engineer
Town Engineer in
coordination willi
licensed professional
as described in
measure. The
licensed professional
shall be paid for by Ihe
Applicant.
During project
construction
manuals.
b. 1llese erosion control BMPs shall be monitored for
effectiveness and shall be subject to inspection by
the licensed design professional who prepares the
Erosion Control Plan (or other appropriate
licensed professionaI), as well as the Town
Engineer.
.
Town of Tiburon
September 10, 1999
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Ned
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Complelet
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Responsible for
Review/Monilorlng
Town Building
Department
Responsible for
Implemenlalion
Building Contractor
When to be
Implemenlet
Uuring project
construction
Mitigation Measure
In order 10 reduce the risks associaled wil
erosion and sedimentation, minimal grading and
earthwork shall occur during the wet season
(October 15 Ihrough April 15) and such work shal
be slopped before pending stonn events. The
Town has the authority to stop all work pursuanl
10 wet weather condilions.
c.
Impac
Building
Towr
DepartJnenl
Applical
Prior to approval of
grading and building
pennit
A refundable site deposit shall be made by the
applicant to the Town, 10 be used for site-related
emergencies during Ihe construction phase of the
project, such as siltation or dust control
d.
Town Engineer
Tiburon Building
DeparlmeI
Prior to building
occupancy
Arter construction is completed, all drainage
facilities and sedimentation basins shall be
Inspected for accumulated sediment, and these
drainage structures shall be cleared of debris and
sediment.
e.
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Town Engineer
Project Engineer
Prior to building
occupancy
A precise Winterizalion Plan shall be developed
by the project engineer and shall be approved by
the Town Engineer. TIle Winterization Plan shall
Identify on-site threats of water erosion and will
Identify specific control measures 10 offset such
threats following conslrucllon. Winterization Plan
control measures shall be developed In
accordance with the guidelines outlined In the
erosion and sediment control manuals written by
the Association of Bay Area Governments and the
San Francisco Regional Water Quality Control
Board. The Town will be responsible for ensuring
Identined control measures are Implemented and
maintained following significant stann events.
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September 10, 1999
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-
-
Impact
Completed?
(.)
Responsible for
Review/Monitoring
Responsible for
Implementation
Project Contractor
When to be
Implemented
Town Planning
Department
During project grading
and construction
MlIigation Measure
NOISE-I: 'Ole following mitigation measures shall be
incorporated to reduce construction-generated noise
levels at nearby noise.sensilive land uses to less-than-
significant levels:
a.
Acoustic barriers (e.g., lead curtains, wooden
sound barriers) shall be constructed along the
southern and eastern boundary of the project site
to reduce construction-generated noise levels at
Reed School and the Children's Center, TIle
barriers shall be designed to obstruct the line-of.
sight between the nearest occupied buildings and
the equipment. When installed properly, acoustic
barriers can reduce construclion noise levels by
applOximalely 10 dBA (EPA 197 I).
NOISE- Daytime inlerior noise
levels at nearby noise sensitive
receptors could potentially
exceed the 45 dBA l.eq
threshold with construclion of
Ihe proposed Ned's Way
Garden Homes project.
Consequently, construction of
the proposed project would be
considered a short-term,
potentially significant noise
impact.
Equipment engine doors on motorized equipmer
shall be closed during equipment operation.
Individual operations and techniques shall be
replaced by quieter procedures (e.g., using
welding instead of riveting, mixing concrete offsite
instead of onsUe).
b.
c.
l11e qulelest of feasible alternate items of
equipment shall be selected for use during
demolition and constmction activities.
d.
6
When not in use, motorized construction
equipment shall not be left idling.
Stationary noise-generating construction
equipmenl (e.g., generators and compressors)
shall be enclosed and centrally located on the
project site at the greatest distance possible from
nearby Iloise.sensitive land uses. The use of
enclosures can reduce equlpmenl noise levels by
approximately 5 dBA (EPA 1971).
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Town of Tlburon
September 10, 1999
TOWN OF TIBURON
STAFF REPORT
ITEM NO.
MEETING DATE: 10/20/99
ID
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTO~
Subject: LOWER MAIN STREET RECONSTRUCTION ACCESSIBILITY PROJECT:
CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION AND
APPROV AL OF THE PROJECT
Date: OCTOBER 15, 1999
BACKGROUND
The Main Street Accessibility Reconstruction project represents the culmination of over four
years of effort to resolve disabled access problems to several business establishments on the
street. The lengthy history of this divisive issue is well known to the Town Council and will not
be discussed in this report. However, the project now under consideration appears to be the
solution upon which consensus was at last reached. In conjunction with limited improvements on
private properties, it would provide access for the disabled to all public buildings on Main Street.
PROPOSAL
The proposed project calls for improvements to a one-block portion of Main Street (Lower Main
Street) in order to facilitate wheelchair access to commercial properties located on the block. The
project consists of raising and widening of existing sidewalks, raising the street level,
reconfiguring and reducing on-street parking, creating of additional pedestrian crosswalks, and
narrowing of vehicle travel lanes to nine (9) feet in each direction Please refer to the drawings
attached as Exhibit I.
The building face-to-t~1ce distance of the Lower Main Street right-of-way (travel lanes plus
sidewalks) is 40 feet. This is generally comprised on five (5) foot wide sidewalks on both sides,
one eight (8) foot wide parking lane on the north side, and two eleven (II) foot wide travel lanes.
There are currently twelve (12) on-street parking spaces on Lower Main Street.
Construction of the project would provide ramp access to some commercial properties and would
insure compliance with Americans with Disabilities Act (ADA) regulations regarding wheelchair
access to all commercial properties on the block. The project would widen the south sidewalk to
a minimum of eight (8) feet and provide minimum six (6) foot wide sidewalks on the north side.
Tibl/!,(JI/ Tm.t'fI COlli/ell
.)(Off Report
10/]0/99
The vehicle travel lanes would be reduced to nine (9) foot widths and the number of on-street
parking spaces would be reduced from twelve (12) to nine (9). Two of the remaining nine spaces
would be probably be designated as passenger loading/unloading (white) zones. New street
paving, curbs, and sidewalk material would be installed
ENVIRONMENTAL REVIEW
An initial study was prepared for this project and is attached as Exhibit 2. The primary
categories of potential impact were identified as traffic and circulation and historic resources. The
Town retained independent consultants Wilbur Smith & Associates (for traffic and circulation
issues) and Glenn David Mathews, AlA (for historic resource issues) to provide expert analysis of
these potential areas of impact.
The traffic consultant report, which is attached to the initial study, concluded that proposed nine
(9) foot wide travel lanes would be appropriate given the speed and capacity characteristics of the
one-block long Lower Main Street. Bicycle and pedestrian safety would actually be improved by
the project. The report noted that the project would not alleviate existing truck delivery
congestion problems that have historically occurred along Lower Main Street. The report
indicated that designation of specific truck loading zones at the westerly end of Main Street would
reduce congestion. The Tiburon Fire Protection District has noted in a letter (Exhibit 3) the
importance of initial strict enforcement of limited truck delivery hours and other parking
regulations to prevent increased congestion and provide adequate emergency access, until such
time as everyone becomes familiar with the new arrangements. Reducing instances of double-
parking of delivery vehicles, especially those of the side-loading variety, will be necessary.
The traffic report indicated that the proposed permanent loss of three on-street parking spaces on
Main Street, and the reduced availability of two other on-street parking spaces, while
inconvenient, would not constitute a significant environmental impact.
The historic resources consultant, whose report is attached to the initial study, identified four
buildings where construction of the new raised sidewalks could damage the potentially historic
wooden siding material of these buildings. Specific mitigation measures were recommended for
each building that would reduce this potential impact to less than significant levels.
The initial study concluded that all potential adverse impacts associated with the project could be
reduced to less than significant levels through mitigation measures previously agreed to by the
project sponsor
Two comment letters were received during the 3D-day review period on the draft negative
declaration. The first letter (Exhibit 4) is from the City of Belvedere. This letter endorses the
noise and other impact mitigation contained within the initial study and emphasizes that egress
from Corinthian Island should be maintained and that safety vehicles will also require access via
the Alcatraz Avenue exit onto Main Street. The Town has long been aware of the circulation
Tihuron TOWII COlIl/cil
S(ajf Reporl
10/20/99
2
needs of Corinthian Island residents and the need for emergency vehicle access at all times, and
does not foresee any problems with maintaining such access and egress.
The second letter (Exhibit 5) asserts that an environmental impacts report should be prepared to
analyze deleterious effects of the new design. According to the letter these include 1) the
permanent loss of three parking spaces and the loss of availability of two more spaces to be
designated as passenger loading zones, and 2) concerns about delivery vehicles blocking the
narrowed street travel-way. The author of the letter disagrees with the traffic consultant's
findings regarding the significance of these potential impacts. However, under provisions of the
California Environmental Quality Act (CEQA), the author's comments represent opinion
unsubstantiated by evidence and do not constitute grounds to find that a significant adverse
impact could occur.
ANALYSIS
General Plan
The Downtown sub-element of the General Plan Land Use Element and the Circulation Element
provide the relevant goals and policies for analysis of this project. Goals and policies that would
be furthered through implementation of this project include the following:
DT-1.
The Town of Tiburon shall encourage preservation of significant historic buildings
in the downtown area.
DT-15.
New development in Downtown Tiburon shall enhance the existing streets cape by
providing architecturally appropriate and harmonious street furniture, landscaping,
signage and lighting.
DT-16.
Details of new Downtown Tiburon development such as height of signage, arcades
and canopies shall be designed to relate to pedestrian scale.
C-E
To improve the safety of the circulation system for pedestrians and bicyclists.
C-28
Pedestrian access to the waterfront should be encouraged in Downtown.
C-32
Provisions for disabled persons should be required. Such provisions should
include barrier-free access to all public/quasi-public buildings, elevator access
where necessary, parking spaces, access to all transit modes, and street and
sidewalk access for wheelchairs where possible
On balance the proposed project would further the relevant goals and policies of the Tiburon as
set forth in the Tiburon General Plan.
TihllroJ/ Town Council
S/ajJ Reporl
10/20/99
3
Zoning Ordinance
The project would take place exclusively on the public right of way. Limited contact with some
of the privately owned building faces located on the property line would occur as part of the
sidewalk raising and reconstruction. On-street parking spaces would be required to meet zoning
ordinance standards for parallel parking spaces. The zoning ordinance contains few other
standards that would apply to a public street reconstruction project. To the extent that such
standards are applicable, the project conforms to them.
RECOMMENDA nON
. That the Town Council hold a public hearing on the project and the draft mitigated negative
declaration.
. That the Town Council adopt the attached Resolution (Exhibit 7) adopting the mitigated
negative declaration and approving the project
EXHIBITS
1. Reduced size drawings (2 sheets) of Main Street Accessibility Reconstruction Project
prepared by [ L. Schwartz.
2. Initial study/draft mitigated negative declaration dated September 1999.
3. Project referral letter dated 8/4/99 from Tiburon Fire Protection District.
4. Initial study comment letter dated 9/20/99 from City of Belvedere.
5. Initial study comment letter dated 10/11/99 from Nathaniel Marans.
6. Project referral letter from Tiburon Police Department dated 10/13/99.
7. Draft Resolution.
scon\main street ada h; rrLdoc
Tibllron Town COIIl/cil
Slaff Report
J 0/20/99
4
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INITIAL STUDY
MAIN STREET RECONSTRUCTION ACCESSIBILITY PROJECT
TOWN OF TIBURON
Lead Agency:
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, California 94920
Contact:
Scott Anderson, Planning Director
(415) 435-7392
September, 1999
EXHIBIT NO. J.
p- \ 0+ S'l
INITIAL STUDY
ENVIRONMENTAL CHECKLIST
1. PROJECT TITLE:
Main Street Reconstruction Accessibility Project
2. LEAD AGENCY NAME AND ADDRESS:
Town ofTiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
3, CONTACT PERSON AND PHONE NUMBER:
Scott Anderson, Planning Director
(415) 435-7392
4. PROJECT LOCA TION:
Main Street, Tiburon, Marin County, California, including all of the Main Street public right-
of-way in front of I-55 Main Street on the south side and 10-48 Main Street on the north side.
5. PROJECT SPONSOR'S NAME AND ADDRESS:
Town ofTibllron
1505 Tiburon Boulevard
Tibllron, CA 94920
6. GENERAL PLAN DESIGNATION:
Village Commercial
7. ZONING:
Village Commercial
8. DESCRIPTION OF PROJECT:
The proposed project calls for improvements to a one-block portion of Main Street (Lower
Main Street) in order to facilitate wheelchair access to commercial properties located on the
block. The project consists of raIsing and widening of existing sidewalks, raising the street
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
EXHIBIT NO. J.
p- J~f51
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Figure I
Regional Location
EXHIBIT NO. J
p, 3..f 61
FIGURE 2
PROJECT LOCATION
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EXHIBIT NO.
fl' +.t 51
level, the reconfiguring on-street parking, creating of additional pedestrian crosswalks, and the
narrowing of vehicle travel lanes to nine (9) feet in each direction. Please refer to Exhibit 1.
The budding face-to-face distance of the Main Street right-of-way (travel lanes plus sidewalks)
is 40 feet. This is generally comprised on five (5) foot wide sidewalks on both sides, one eight
(8) foot wide parking lane on the north side, and two eleven (\ I) foot wide travel lanes.
Construction of the project would provide ramp access to some commercial properties and
would insure compl iance with Americans with Disabilities Act (ADA) regulations regarding
wheelchair access to all commercial properties on the block. The project would widen the
south sidewalk to a minimum of eight (8) feet and provide minimum six (6) foot wide sidewalks
on the north side. The vehicle travel lanes would be reduced to nine (9) foot widths and the
number of on-street parking spaces would be reduced from twelve (12) to nine (9).
New street paving, curbs, and sidewalk material would be installed.
9. SURROUNDING LAND USES AND SETTING:
North: Commercial buildings located at 10-48 Main Street.
South: Commercial buildings located at I-55 Main Street.
East: Tiburon Boulevard & Paradise Drive
West: Single Family Residential (Corinthian Island neIghborhood).
10. OTHER PUBLIC AGENCIES WHOSE REVIEW OR APPROVAL MAY BE
REQUIRED:
Bay Conservation & Development Commission (BCDC)
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Signiticant Impact" as indicated by the
checklist on the following pages.
X Aesthetics
Agricultural Resources
Air Quality
Biological Resources
X Cultural Resources
Geology/Soils
Hazards & Hazardous Materials
Hydrology / Water Quality
Land U so / Planning
Mineral Resources
X Noise
Population / Housing
Public Services
Recreation
Transportation / Traffic / Parking
Utilities / Service Systems
X Mandatory Findings of Significance
Main Street Reconstruction Accessibility Project. Town of Tiburon
Initial Study
2
EXHIBIT NO. J
p,sJSJ
DETERMINA nON
On the basis of this initial evaluation, the Town ofTiburon finds that although the proposed
could have a significant effect on the environment, there will not be a significant effect in this
case because revisions to the project have been made or agreed to by the project proponent. A
MITIGATED NEJtTIYE DECLARATION will be preP:d
:;L .J}~ ~ ()=--___ '1 ( Q - ~~
Signature Date
Scott Anderson
Printed name
Town of Tiburon
For
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
]
EXHIBIT NO. J
f' c. J.s I
EVALUATION OF ENVIRONMENTAL IMPACTS
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than No Impart
Significant
Impact
1. AESTHETICS
Would the project:
a. Have a substantial adverse effect on a
scenic vista?
x
b. Substantially damage scenic resources,
including, but not limited to, trees,
rock outcroppings, and historic
buildings within a state scenic
highway?
x
c. Substantially degrade the existing
visual character or quality of the site
and its surroundings?
x
d. Create a new source of substantial
light or glare that would adversely
affect day or nighttime views in the
area?
x
Discussion:
la. The project consists of re-paving and raising the asphalt-concrete pavement of Main Street
and the concrete sidewalks of Main Street. Decorative paving may be used to replace some
or all of the concrete sidewalks. Aesthetic effects would be minimal and are intended to be
beneficial, and would not adversely affect a locally designated or prominent scenic vista
area. The Tiburon General Plan characterizes scenic resources as distinct shoreline and
water views. The project will not interfere with any existing water or shoreline views from
surrounding areas.
lb. The project site does not contain any signiticant scenic resources, including but not limited
to significant or unique trees, or rock outcroppings. The project site is not located near a
state scenic highway. There are buildings adjacent to the project site that have historic
significance A cultural resources review was prepared for this project by Glenn David
Mathews. AlA This report is attached as Exhibit 2 TIle report concluded that without
mitigation, the project could result in damage to the original wood siding of four
commercial buildings located at 32, 34, 35 and 38 Main Street. These buildings have been
designated either 'significant" or "comolementarv" in the Downtown Tiburon Historic
Resources Stud\'. The following mitigation measures were identified that would reduce
Main Street Reconstruction Accessibility Project, TJwn of TiburCln
Initial Study
4
EXHIBIT NO.
p, 1- ~f S I
J
potential impacts on historic resources on these buildiMs to a less than significant level.
and are hereb\' incorporated into the Droiect:
Mitigation Measure Ib.l: The following measures will be taken during construction to
prevent damage to the original wood siding on the four buildings as follows:
32 Main Street: At 32 Main Street there is a 4" high concrete curb between the existing
sidewalk level and the I" X 8" wood siding of the building. Where the new sidewalk level
does not extend above the height of the concrete curb. new flashing can be installed under
the lowest siding board. At the existing entrY ramp. the siding is cut on an angle that
follows the slope with a 2" wood base trim. At this area. the 2" base trim can be removed
and the flashing installed under the lowest siding board.
34 Main Street: The existing condition at 34 Main Street includes a 2" X 4" wood vase
element. When the new sidewalk slab and flashing are installed. the original wood base
element shall be carcfullv removed and reinstalled to cover the new flashing. At the entrY
corners. the historical plinth trim shall also be careful I\' removed for the installation of the
flashing and then reinstalled Since the sidewalk and entrY level will be higher this will
require some fine carpentrv efforts to rework the trim at both comers.
35 Main Street: The existing condition at 35 Main Street does not have a concrete curb or
wood base element: Instead. the wood siding is not flat but beveled in section and the
Siding extends all the wav down to the existing sidewalk level. The new flashing shall be
installed UP the wall between the concrete and the wood siding to the bottom of the fifth
siding board from the existing sidewalk. This level would have the flashing approximatelv
two inches above the highest point of the ne\' sloping sidewalk. The installation shall slide
as far as pOSSible under the bottom of the fifth Siding board to create a water-tight
installation. The fifth board must be gentl, pried out to create a space for the flashing to be
inserted without damage to the historic material. Then all of the siding boards above the
fifth board and under the windows shall be gcntl, remo\'ed for the flashing to be installed,
and then each must be replaced In its original position
3R Main Street: The existing condition at 38 main Street inc.1udcs a 2" x 6" wood base
element: When the new sidewalk slab and flashing are installed. the original 2" X 6.' wood
base element. which should be carefull, removed prior to construction. be reinstalled to
cover the new flashing The flat and fluted vertical trim elements of the facade will also
need to be carefully removed and custom CLlt at the bottom to follow the new slope.
k See response to I a
hl The prooos~d oroiect docs not contain am ne\\" lighting sources
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
EXHIBIT NO. J.
p,8 l'SI
Potentially
Significant
Impact
less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
2. AGRICULTURE
RESOURCES:
In determining whether imoacts to
agricultural resources are significant
environmental effects. lead agencies mav
refer to the California Agricultural Land
Evaluation and Site Assessment Model
([997) preoared bv the California Dep!. of
Conservation as an oPtional model to use
in assessing impacts on agriculture and
farmland. Would the proiect:
L Convert Prime Farmland. Uni~ue
Farmland. or Farmland of StateWlde
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland MaoPlng and Monitoring
Program ofth" California Resources
Agency. to non-agricultural use',)
)(
!L Conflict with e"isting zoning for
agricultural use. or a Williamson Act
contract?
)(
L Involve other changes in the e"isting
environment which. due to their
location or nature. could result in
conversion of farmland. to non-
agriculturalllsc')
)(
Discussion:
2a. There is no auricultural land in the oroiect area. The area is sho\vn as !tUrban and Built-UD
Land" bv the Cal ifornia Deoartment of Conservation on the 1994 Marin County Imoortant
Farmland Map (California Deoartment of Conservation Farmland Maooing and Monitoring
Program. Mann COllntv Mao. 1994)
2b. The e"isting zoning IS Village Commercial. and there are no existing Williamson Act
contracts. therefore the proposed oroiect does not contlict with anv agriculture zoning.
2c. The proiect does not propose any conversion of farmland to non-agricultural use.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
6
EXHIBIT No.2
~, q .+ 5 I
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
3. AIR QUALITY:
Where available. the significance criteria
established bv the applicable air qualitv
management or air pollution control
district mav be relied upon to make the
following determinations Would the
proiect:
;L Contlict with or obstruct
implementation of the applicable air
qualitv plan"
x
!L Violate any air quality standard or
contribute substantiallv to an existing
or oroiected air oualit\/ violation'}
x
L Result in a cumulativelv considerable
net increase of any criteria pollutant
for which the proiect region is non-
attainment under an applicable federal
or state ambient air quality standard
(including releasing emissions which
exceed quantitative thresholds for
ozone precursors)?
x
lL Expose sensitive receptors to
substantial pollutant concentrations"
x
L Create obiectionable odors affecting a
substantial number of people"
x
Discussion:
3a. The Town ofTiburon is included under the Bav Area 1997 Clean Air Plan. a plan to reduce
ground-level ozone air oollution in the San Francisco Bay Area. The Clean Air Plan was
deyeloped by the BAAOMD. 111 response to the California Clean Air Act of 1998. as
amended Some of the control measures of the Clean Air Plan will also reduce particulate
matter and carbon dioxide emissions. The proposed proiect will not conflict with or
obstruct the 1997 Clean Air Plan as it will not significantlv increase ground-level ozone air
pollution in the San FranCISco Bay Area. as further discussed in response 3c.
Main Street Reconstruction Accessibility Project, To....n of Tiburon
Initial Study
1
J
EXHIBIT NO.
f',\o...(SI
llL The closest BAAQMD monitoring site is located in San Rafael. about seven miles
northwest of the proiect site. Common pollutants (ozone, carbon monoxide. nitrogen
dioxide. and particulate matter [PM" l) are monitored at this site. Particulate matter
pollution consists of verY small liquid and solid particles floating in the air. Of greatest
concern to public health are the particles small enough to be inhaled in the deepest parts of
the lung. These particles are less than 10 microns in diameter, and are known as PM".The
San Rafael air qualitv monitoring station has reported numerous State air qualitv violations
over the past several vears: one PM,o violation in 1995: two ozone violations in 1996: two
PM" violations and one ozone violation in 1997' and one PM,o violation in 1998 (Mike
Basso. BAAQMD. 1999). The proiect mav temporarilv degrade air quality through
potential fugitive dust impacts that mav occur during construction activities. However.
given that relativelv small area of the site. and the limited dust-producing activities
associated with excavation and re-paving. these impacts would be less than significant. In
addition. the Town will require the following measures. which are consistent with the
BMQMD CEQA Guidelines (1996), to ensure construction-related air qualitv impacts are
reduced to the extent feasible.
. Dust-producing activities will be suspended during periods ofhilJ:h winds when dust
control is not effective.
. Stockpiles of debris or other matenals that can be blown bv the wind will be
covered or watered at least twice dailv
. The construction area and adiacent streets will be sweot as needed (with water
sweepers) to remove mud and debris. since this material can be pulverized and later
resuspended bv vehicle traffic
. All adiac~nt streets will be swept dailv (with water sweepers) if soil or debris
material is visible
The combined effect of the above measures would be to minimize dust emissions. Such low
levels of dust and particulate matter generation would not contribute substantiallv to
possible PMlu air qualitv standard VIOlations.
3c. The proiect site is located within the Bav Area Air Basm (Basin) within the iurisdiction of
the Bav Area Air Qualitv Management District (BAAQMD). As of September 1998. the
entire Bav Area is categorized as 'Nonattainment' for the California standards of particulate
matter and ozone levels However as noted above. the proiect would generate less than
significant levels of particulate matter
3d. The dust controll11easures previous listed would ensure that sensitive receptors adiacent to
the proiect site are not exposed to Significant levels of particulate matter during construction
of the proiect site In addition. no substantial pollutant concentrations are anticipated as a
result of the proposed proiect
k No obiectionable odors are expected to result from the construction or operation of the
oroiect
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
8
'lliIBIT NO. J
p r \( A 5 I
4. BIOLOGICAL RESOURCES:
Would the proiect:
ih Have a substantial adverse effect.
either directlv or through habitat
modifications. on anv species
identified as a candidate. sensitive. or
soecial status soecies in local or
regional plans. policies. or regulations.
or bv the California Department of
Fish and Game or US Fish and
Wildlife Service')
lL Have a substantial adverse effect on
any rioarian habitat or other sensitive
natural communitv identified in local
or regional plans. policies. regulations
or bv the California Department of
Fish and Game or US Fish and
Wildlife Service')
~ Have a substantial adverse effect on
federallv protected wetlands as defined
bv Section 404 of the Clean Water Act
(including. but not limited to. marsh.
vernal pool. coastal. etc) through
direct removal. filling. hvdrologlcal
internlPtioll_ or other means',)
!i Interfere substantlallv with the
movement of any native resident or
migratory fish or wildlife species or
with established native reSident or
migrato,,' wildlife corridors. or
impede the use of native wildlife
nurserv sites')
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
less than No Impact
Significant
Impact
)(
)(
)(
)(
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
9
EXHIBIT NO. :J..
pc IJ.- ,of S)
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
~ Conflict with anv local policies or
ordinances protecting biologic:tl
resources. such as a tree oreservation
policv or ordinance"
x
[ Conflict with the provisions of an
adopted H:tbit:tt Conservation Plan.
Natural Communitv Conservation
Plan, or other approved local.
regional. or state Habitat Conservation
Plan"
)(
Discussion:
4a. The proiect site has been developed and extensivelv disturbed for over 100 vears. Although
rare species studies have not been performed. it is extremelv unlikelv that anv unique. rare
or endanl!ered plants or animals are to be found on this site
4b. The oroiect site does not contain anv rioarian habitat or other sensitive communitv.
4c. There are no known federallv protected wetlands on the proiect site. The site is currentlv
disturbed and the entiretv of the site is paved or otherwise developed.
4d. The proiect will not interfere substantiallv with the movement of an v native resident or
mil!ratorv fish or wildlife species or with established native resident or migratorv wildlife
corridors. or impede the use of native wildlife nurserv sites, as the proiect site is alreadv
developed and does not serve as a wildlife corridor or nurserv site
4e. There are no significant biological resources on the site that could be affected.
4f .The proposed proiect would not conflict with the provisions of an adopted Habitat
Conservation Plan. Natural Communitv Conservation Plan. or other approved local.
regional or state Habitat Conservation Plan as none exists that includes the proiect site.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
10
EXHIBIT NO. J
(l' i~ of- SI
Potentially
Significant
1 mpact
Less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
5. CULTURAL RESOURCES:
Would the proJect:
x
a. Cause a substantial adverse change in
the significance of a historical resource
as defined in ~ 15064.5"
b. Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to 915064.5?
x
c. Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic fe"ture?
x
d. Disturb any human remains, including
those interred outside of formal
cemeteries')
x
Discussion:
5a. There arc buildings adjacent to the project site that h"ve historical significance. A cultural
resourccs review w"s prepared for this project by Glenn David Mathews, AlA. This report
is attached "s Exhibit 2. The report concluded that without mitigation, the project could
result in damage to the original wood siding of four commercial buildings located at 32, 34,
35 and 38 Main Street. These buildings have been designated either 'significant" or
"complemcntary" In the Downtown Tiburon Historic Resources Studv. Mitigation measure
Ib.1 above will reduce potenti,,1 impacts to historic resources to a less th"n signific"nt
level.
In addition to "bove the surf"ce resources, there is always the potenti,,1 to discover
subsurf"ce historical resources, though none are anticipated at the project site. Consistent
with the CEQA Guidelines, as part of the objectives, criteria, and procedures required by
Section 21082 of the Public Resources Code, the project sponsor will be required to
implement provisions for historic,,1 or unique archaeologic"l resources accidentally
discovercd during constructIOn. These provisions would include an immediate evaluation
of the find by a qualified "rchaeologist. If the find is determined to be an historic,,1 or
unique archaeologic"l resource, contingency funding "nd " time "lIotment sufficient to
"lIow for implement"tion of "void"nce me"sures or "ppropri"te mitigation would be
av"ibble
5b. The project site h"s been previously developed. New disturb"nce to archaeologic"l
resources is not expected However, It is impossible to be sure about the presence or
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
II
EXHIBIT NO. J
fl' ('\- ofSI
absence of archaeological features on a site until site excavation occurs. As noted above.
the proiect sponsor will be required to implement provisions for historical or unique
archaeological resources accidentallv discovered during construction. consistent with the
CEOA Guidelines and Section 21082 of the Public Resources Code.
5c. The site has no known paleontological resources or unique geologic features that would
suggest the presence of these resources.
5d. The site has no known human remains. including those interred outside of fonnal
cemeteries. and it is extremelv unlikelv that this proiect would uncover anv remains. In the
event that such remains are encountered. there shall be no further excavation or disturbance
of the site or anv nearbv area reasonablv suspected to overlie adiacent human remains. The
Marin Countv coroner would be contacted and appropriate measures implemented. These
actions would be consistent with the State Health and Safety Code Section 7050.5 which
prohibits dismterring. disturbing. or removing human remains from anv location other than
a dedicated cemeterv.
Potentially
Significant
Impact
6. GEOLOGY AND SOILS:
Would the prOlect'
~ Expose pcoPle or structures to
potential substantial adverse effects.
including the risk of loss. iniurv. or
death involving
. Ruoture of a known earthauake
fault. as delineated on the most
recent Alqu ist-Priolo Earthquake
Fault Zoning Map issued bv the
State Geologist for the area or
based on other substantial evidence
of a known fault') Refer to
Division of Mines and Geologv
Special Publication 42.
. Strong seismic ground shaking"
. Seismic-related ground failure.
including [iquefaetion"
. Landslides"
Less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
x
Hain Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
12
EXHIBIT NO. :J..
P/k5.-fSI
Potentially
Significant
Impact
less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
!L Result in substantial soi I erosion or the
loss of topsoil"
x
L Be located on a geologic unit or soil
that is unstable. or that would become
unstable as a result of the project, and
potentiallv result in on- or off-site
landslide. lateral spreading,
subsidence, liquefaction or collapse?
x
fL Be located on expansive soil. as
defined in Table 18-I-B of the
Uniform Building Code (1994).
creating substantial risks to life or
property"
x
L Have soils incapable of adequatelv
supporting the use of septic tanks or
alternative wastewater disposal
systems \V'here sc\vcrs are not 3.v3.ilable
for the disposal of wastewater"
x
Discussion:
6a. Although there are many seismlcallv active faults in the region. there are no active faults
passing through or proiecting toward the project site. Thus. there is no significant potential
for fault rupture at the project site. The project does not propose the construction of
structures but the re-paving and raising of the Main Street asphalt surface and its sidewalks.
6b. The proiect does not have the potential for erosion.
6c. Raising of the street and Sidewalks does not have the potential to create or exacerbate
instabilitv imoacts.
6d. Please refer to response 6a.
6e. The prOlect does not propose the use of sePtic tanks or alternative wastewater disposal
svstcms
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
I]
EXHIBIT NO. :J
p, f<.: ".(. .:) J
7. HAZARDS AND HAZARDOUS
MATERIALS:
Would the proiect.
;L. Create a significant hazard to the
public or the environmcnt through the
routine transport. use. or disposal of
hazardous materials?
!L Create a significant hazard to the
public or the environment through
reasonablv foreseeable upset and
accident conditions involving the
release of hazardous materials mto the
environment','
~ Emit hazardous emissions or handle
hazardous or acutelv hazardous
materials. substances. or \vaste \vithin
one-quarter mile of an existing or
proposed school"
\L. Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government
Code Section 65962.5 and. as a result.
would it create a significant hazard to
the publiC or the environment?
L For a prOlect located within an airport
land use plan or. where such a plan
has not been adopted. within two miles
ofa public airport or. public use
aimort. would the proiect result in a
safety h;lzard tor oeoole residing or
working in the oroiect area?
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
x
x
x
x
x
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
14
EXHIBIT NO. ;)
P - 17 of S I
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
L Fora proiect within the vicinitv ofa
private airstrip. would the prOJect
result in a safetv hazard for people
residing or working in the oroiect
area?
)C
&.. Impair Implementation of or physically
interfere with an adooted emenzencv
response plan or emergencv evacuation
plan"
)C
L Expose people or structures to a
significant risk of loss. injury or death
involvine wildland fires. including
where wildlands arc adiacent to
urbanized areas or where residences
are intermixed with wildlands')
x
Discussion:
7a. The proposed proiect would not create a significant hazard to the public or the environment
through the routine transport. use. or disposal of hazardous materials as no unusual use of
hazardous materials are anticipated as a result of the proiect.
7b. There are no known health hazards that affect the proiect site.
7c. Please refer to response 7a
7d. The proposed proiect would not emit hazardous emissions and does not include the handling
of hazardous or acutely hazardous materials.
7e. The proieet site is not included on a list of hazardous materials sites.
7f. The prOJect is nO[ located within an airoort land use plan or within two miles of a public
airport or public Lise airport. nor is the oroiect within the vicinity ora orivate airstrip.
k The prOJect site is not located in the vicinitv ofa private airstrip.
7h. The Towll ofTiburon has adopted an Emergency Plan and also endorses the Incident
Command SYstem. a tacticClJ set of procedures kept and updated by the Tiburon Fire
Protection District The proposed proiect would not impair or interfere with the
implemelltCltioll of these plans and procedures
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
IS
EXHIBIT NO. :J...
p\,p.Lsl
7i. The proiect site is not located in areas susceptible to wildfires, as shown in Diagram S-L
Non-Geologic Hazards. of the Tiburon General Plan.
8. HYDROLOGY AND WATER
QUALITY:
Would the proiect.
;L Violate anv water qualitv standards or
waste discharge [cau i rements?
!L... Create or contribute runoff water
which would provide substantial
additional sources of polluted runoff or
otherwise substantiallv de1!rade water
quality?
L Substantiall, deplete 1!roundwater
supplies or interfere substantiall, with
groundwater rechar1!e such that there
would be a net defiCit In aquifer
volume or a lowering of the local
1!roundwater table level (Cg. the
production rate of pre-existing nearby
wells would drop to a level which
would not support existing land uses or
planned uses for which permits have
been granted)')
!L Substantiallv alter the existing drainage
pattern of the site or area, including
through the alteration of the course of
a stream or river. or substantiallv
increase the rate or amount of su rface
runoff in a manner which would result
in flooding on- or off-site')
e. Create or contribute runoff water
which would exceed the capaclt, of
existing or D[anncd storm\\'ot~r
drainage svstcms'J
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
x
x
)(
x
x
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
16
EXHIBIT NO. :J..
p, \ q ,J 5'
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
L Substantially alter the existing drainage
pattern of the site or area. including
through the alteration of the course of
a stream or river. in a manner which
would result III substantial erosion or
siltation on- or off-site?
x
!L Place housing within a IOO-vear tlood
hazard area as mapped on a federal
Flood Hazard Boundarv or Flood
Insurance Rate "vlap or other tlood
hazard delineation map?
x
~ Place within a IOO-vear flood hazard
. area structures which would impede or
redirect tlood flows')
x
L Exoose oeoole or structures to a
significant risk of loss. iniurv or death
involving flooding. including flooding
as a result of the failure of a levee or
dam?
x
L Expose people or stIl.lctures to
inundation bv seiche. tsunami. or
mudtlow')
x
Discussion:
Sa. The proiect does not propose any Illcrease in impervious surface area or any substantial
change in surface materials used Best Management Practices. as required by the Tiburon
Municipal Code Chapter lOA. will be employed to reduce runoff pollutants to less than
significant levels No significant adverse impacts to water quality are anticipated.
.Iili. Sce response to Sa
~ The proposed proiect would not substantiallv deplete groundwater supplies or interfere
substantially- \\'ith ground\vatcr recharge.
Sd. The proposed prolect would not contribute additional runoff. and would not substantiallv
alter the C:\iStll1g dr.:tin.:tue oattern of the site or area. There are no significant stream.
Main Street Reconstruction Accessibility Project, Town of Tiburan
Initial Study
17
J
EXHIBIT NO.
p,Jo..{s/
,....
rivers. or other drainagewavs that traverse the site. There is no potential for flooding
hazards from the proposed proiect.
8e. As identified above. the proposed proiect would not increase runoff water.
8f No additional runoff would result which could substantiallv alter the existing drainage
oattern of the site or area. as there are no silInificant stream. rivers. or other drainagewavs
that traverse the site
k The proiect site IS located outside of the flood hazard zones delineated on the Tiburon Flood
Insurance Rate Map. including the IOO-vear flood zone (FEMA. 1977).
IDL Please refer to response 8g.
.!!i Please refer to response 8g.
.!!i There is no known potential for tsunamis. seiches. or mudflows at the proiect site.
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
9. LA:\'D USE AND PLANNING:
Would the proiect:
1L Phvsicallv divide an established
community'}
x
!L Conflict with any applicable land use
plan. policv. or regulation of an
agencv with iurisdiction over the
proiect (including. but not limited to
the general plan. specific plan. local
coastal oroe:ram. or zoninlI ordinance)
adopted for the pumose of avoiding or
mitigating an environmental effect')
.K
'"- Contlict with any applicable Habitat
Conservation Plan or Natural
Community Conservation Plan')
x
Discussion:
9a. The prolect has no potential to physically divide the community.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
18
EXHIBIT NO. J.
p,J,I.-\'SI
9b. The oroiect has no ootential to conflict with the general plan. zoning ordinance. or other
local 0 Ian
9c. The orooosed oroiect would not conflict with anv Habitat Conservation Plan or Natural
Community Conseryation Plan as none exists that aoolies to the oroiect site.
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
10. MINERAL RESOURCES:
Would the oroiect:
iL Result in the loss ofayailability ofa
known mineral resource that would be
of value to the region and the residents
of the state"
x
!L. Result in the loss of ayailability of a
loc~lIv-imoortant mineral resource
recovery site delineated on a local
general olan. socci!!c olan or other
land use olan')
x
Discussion:
lOa. The oroiect site is not kno\\'1l to contain any mineral resources that are imoortant to the
region or the State
lOb The oroiect site is not known to contain an locally-imoortant mineral resources and none
of these resources are delineated on a local olan. soecific olan or other land use olan.
Potentially
Significant
Impact
less Than
Significant with
Mitigation
Incorporated
less than No Impact
Significant
Impact
11. NOISE:
Would the oroiect result in:
L Exposure of persons to or generation
of noise levels in excess of standards
established in the local general plan or
nOise ordinance. or apolicable
standards of other agencies')
K
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
19
EXHIBIT }\Tn ,2-
f ' ;LJ. . ~ .s I
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
less than No Impact
Significant
Impact
b. A substantIal permanent increase in
ambient noise levels in the project
vicinity above levels existing without
the project?
x
c. A substantial temporary or periodic
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
x
d. Exposure of persons to or generation
of excessive groundborne vibration or
groundbome noise levels?
x
e. For a project located within an airport
land use plan or, where such a plan
has not been adopted, within two miles
of a public airport or public use
airport, would the project expose
people residing or working in the
project area to excessive noise levels?
x
f. For a project within the vicinity of a
private airstrip. would the project
expose people residing or working in
the project area to excessive noise
levels?
x
Discussion:
Ila. 111e proposed project could expose people to or generate noise levels in excess of
standards established in the Town's General Plan and other applicable standards as a
result of short-term constmctlon related impacts, as a result of pavement removal and
replacement. Noise levels of specific constmction equipment will be monitored for
compliance with state and local noise regulations. In order to reduce these impacts to less
them significant levels, the following mitigation measures are imposed:
Mitigation Measure II a. I: The following measures shall be taken:
A. Equipment engine doors on motorized equipment shall be closed during equipment
operation.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
20
EXHIBIT NO. J
f rn A 6/
B. The Quietest of alternative feasible equipment shall be used during demolition and
construction work.
L When not in use. motorized construction equipment shall not be left idling.
II b. The proiect would not result in a substantial oermanent increase in ambient noise.
~ Please refer to resoonse II a.
lid. The proiect would not generate excessive groundborne vibration or groundborne noise
levels.
lIe. The proiect is not located within an airoort land use plan or within two miles of a public
use airoort.
11f. The proiect is not located within the vicinity ofa private airstrip
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
12. PO PULA nON AND HOUSING:
Would the proiect
iL. Induce substantial population growth
in an area. either directlv (for
examole. bv proposing new homes and
businesses) or indirectlY' (for example.
through "xtens]on of roads or other
infrastnlcturc r?
x
!L Displace substantial numbers of
existing hOllsimt. necessitating the
construction of replacement housing
elsewhere"
x
~ Displace substantial numbers of
people. necessitating the construction
of replacement housing elsewhere"
x
Discussion:
12a. The proleet site ]s located within a developed area where maior utilities and infrastructure
are alreadY' av~ilable The proiect wdlnot affect population growth in the area and no
extension of l11:Jior infrastmcture will be necessarv.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
EXHIBIT NO. J..
f?,)4- .t 51
12b. The proposed proiect would not directlv nor indirectlv displace substantial numbers of
existing housing or people.
12c. Refer to response 12b.
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
13. PUBLIC SERVICES:
Would the proiect result in substantial
adverse phvsical impacts associated with
the provision of new or phvsicallv altered
governmental facilities. need for new or
phvsicallv altered governmental facilities.
the construction of which could cause
sil2:nificant environmental imoacts in order
to maintain acceptable service ratios.
response times or other perfonnance
obiectives for anv of the public services:
L Fire protection?
x
lL Police protection')
x
L Schools')
x
>L Parks')
x
L Other public facilities')
x
Discussion:
13a. The Tiburon Fire Protection District indicates that its on Iv concern with the proiect is
adequate emergcncv access. This concern is addressed in the Traffic Section below.
13b. The Tiburon Police Department has indicated that with the provision ofa traffic control
plan. it anticipates no impact upon deliverv of police services. Please refer to the Traffic
Section below.
13c. The proposed proiect would have no effect on schools.
13d. The prOlect would have no elTect on parks and recreation opportunities
13e. Public utilities have been contacted bv the Town and provided an opportunity to repair or
upgrade their facilities located under Main Street. None of these agencies has expressed
concern about disruption of service due to the proiect.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
22
EXHIBIT NO. J
{L:IS . f 5 J
Potentially
Significant
Impact
14. RECREATION:
!L Would the oroiect increase the use of
existing neighborhood and regional
Darks or other recreational facilities
such that substantial ohvsical
deterioration of the facility would
occur or be accelerated"
!L.. Does the proicct include recreational
facilities or require the eonstnlction or
expansion of recreational raed itics
which might have an adverse physical
effect on the environment"
Discussion:
Less Than
Significant with
Mitigation
Incorporated
less than No Impact
Significant
Impact
x
x
14a. The oroiect \VIII have no effect on oarks and recreation oooortunities.
14b. The oroposcd proiect does not include recreational facilities or the construction or
expansion of recreation facilities that Olav have an adverse phvsical effect on the
environment.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
23
EXHIBIT NO. J
p,J(. ~+- SI
15. TR..-\NSPORTA nONI
TRAFFIC:
Would the proiect
~ Cause an increase in traffic which is
substantial in relation to the existing
traffic load and capacitv of the street
svstem lie.. result in a substantial
increase in either the number of
vehicle trips. the volume to capacitv
ratio on roads. or congestion at
intersections)"
!L Exceed. either individuallv or
cumulativelv. a level of service
standard established bv the county
congestion management agency for
designated roads or highwavs"
L Substantial Iv increase hanrds due to a
design feature (eg. sharp curves or
dangerous intersections) or
incompatible uses leg. farm
equipment)"
i... Result In imdeauate emergency
access'
L Result in inadl:Cluatc parking caoacit,,?
L Conflict with adopted policies. plans.
or programs supporting alternative
transportation leg. bus turnouts.
blcvcle racks)"
PotentiaJly
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
x
x
x
x
x
x
Main Street Reconstruction Accessibility Project. Town of Tiburon
Initial Study
24
EXHIBIT NO. :l
p,;):;" JSJ
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
&.. Result in a change in air traffic
oattems. including either an increase
in traffic levels or a change in location
that results in substantial safetv risks?
)C
Discussion: A review and assessment of the proposed proiect's imoact on traffic. oarking. and
circulation was orepared bv Wilbur Smith Associates and is dated August 20. 1999. This
reoort is attached as Exhibit 3. The report concluded that the proiect would not have the
potential to cause significant adverse impacts on traffic-related areas of concern. The Town of
Tiburon will require preparation of a traffic control olan as Dart of the contract for the work.
This plan will address possible temporarv road closure. routing of traffic. emergencv vehicle
access provisions. use of flag persons. and traffic control signage.
15a. The Wilbur Smith report found that the proposed proiect would not result in generation of
new or increased traffic or violate anv service standard of the Town ofTiburon or the
Marin Countv Congestion Management Agencv
15b. See response to 15a.
15c. The W]lbur Smith report indicates that the modifications to the street and sidewalk will
increase vehicular and pedestrian safety on Main Street.
15d. The Wilbur Smith report found that the proposed paved travel way of two 9 foot lanes
(18) feet ]S adequate for emergencv vehicle access. and noted that Main Street is
accessible from two directions (Tiburon Boulevard to the east and Upper Main Street to
the west) The Tiburon Fire Protection District (see Exhibit 4) exoressed concern about
fire aooaratus access oroblems if illegal double-oarking of delivery vehicles occurs on
Main Street. TI1IS situation currentl, exists on Main Street and will not be substantiallv
worsened bv the proposed proiect. Enforcement of the existing parking laws established
to prevcnt illegal double parking would continue to be the primary means of preventing
blockage of emcmencv vehicle access on Main Street. The report suggests that the two
most westerl, on-street parking soaces on Main Street be designated for commercial
loading use ani, between the hours of 700 AM and II :00 AM on weekdavs. This would
constitute an improvement over existing conditions and reduce delav associated with
delivery vehicle activit\'
15e. The Wilbur Smith report found that the removal of three parking soaces on Main Street.
and the addition of t]l11e restrictions on two other soaces. would be inconsequential from
an environmental standpoint. The report concluded that sufficient on-street and off-street
oarking exists and will remain in the immediate vicinity of the Main Street proiect.
151' The prOlect would not contl]ct with adopted policies. plans. or programs supoorting
altern.Jtivc tr:lllsoort.Jtion There arc no such requirements that would directl\' aooh. to
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
lS
EXHIBIT NO. oJ.
f' ;U of SI
the proiect itself. thou~h the Town ofTiburon encourages and supports alternative forms
of transportation.
Ug. The proposed prOlect would not affect air traffic patterns.
16. UTILITIES AND SERVICE
SYSTEMS:
Would the proiect:
L Exceed wastewater treatment
requirements of the applicable
Regional Water Oualitv Control
Board"
!L. Require or result in the constlllction of
new water or waste\\-'ater treatment
facilities or e:\oansion of existing
facilities. the construction of which
could cause si~nificant envIronmental
effects 'J
~ Have sufficient water supplies
available to serve the proiect from
existing entitlements and resources. or
are new or ~xDandcd entitlements
needed 'J
ct." Require or result in the construction of
new storm water drainage f;)cilities or
expansion of existin~ facilities. the
constructIOn of which could cause
si~nificant environmental effects"
~ Result 111 a determination b\' the
\vastcwatcr tn.::~1tment orovider which
serves or m':IX serve the oroiect th.:lt it
has adequate capacltv to serve the
proiect's oroiected demand in addition
to the orovider's existing
commitments'_)
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
less than
Significant
Impact
No Impact
)(
)(
)(
x
)(
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
26 f)
EXHIBIT NO. cI..
p,J'j AS/
L Be served bv a landfill with sufficient
permitted capacity to accommodate the
proiect's solid waste disposal needs?
Potentially
Significant
Impact
&.. Complv with federal. state. and local
statutes and regulations related to solid
waste?
Discussion:
Less Than
Significant with
Mitigation
Incorporated
less than
Significant
Impact No Impact
x
x
16a. There]s no potential that the proiect would exceed wastewater treatment requirements of
the Regional Water OualitvControl Board.
16b. The proiect would not gencrate any requirement for additional sewer service. The proiect
would provide an opportunity for SanitarY District #5 to inspect and make repairs or
uD!2:radcs to its existing sew'er I ine under Main Street
16c. The proiect would have no effect on water supolv or demand. The proiect would provide
an opportunity for the Marin Municipal Water District (MMWD) to inspect. repair. or
upgrade any water Dipes that it may have under Main Street.
16d. The proposed development would not increase the area of impervious surfaces on the
proiect site. and runoff would not increase
16e See response to 16b
16f There would be no Impacts on refuse collection. except during any closure period. Trash
collection provisions will be part of the traffic control plan Trash collection hours occur
prior to the construction hours allowed bv the Town and are not expected to overlap with
this oroiect construction activitv
16g See response to 16f
Main Street Reconstruction Accessibility Project, Town of Tiburan
Initial Study
27
EXHIBIT NO. J..
~,joot-.51
17. MANDATORY FINDINGS OF
SIGNIFICANCE:
;L Does the proiect have the potential to
degrade the qualitv of the
environment. substantiallv reduce the
habitat of a fish or wildlife species.
cause a fish or wildlife population to
drop below self-sustaining levels.
threaten to eliminate a plant or animal
communitv. reduce the number or
restrict thc rangc of a rare or
endangcrcd plant or animal or
eliminate imoortant examples of the
maior periods of California historv or
orehistor/?
Discussion:
Potentially
Significant
Impact
less Than
Significant with
Mitigation
Incorporated
K
Less than
Significant
Impact
No Impact
As discussed under Section 4. Biological Resources the proiect site has been developed and
extensivclv disturbed for over 100 vears. It is extremelv unlikelv that anv unique. rare or
endangered plants or animals would exist on the site. Incorporation of mitigation measure
Ib.1 will reduce any impacts on historical resources to less than significant levels.
~ Does the proiect have impacts that are
individually limited. but cumulativelv
conSiderable" ("Cumulatively
consider:>blc" me:>ns that the
increment:>1 dTccts of a prOJcct are
consider:>ble when viewed Il1
connection with the etTects of past
proiects. the effects of other current
proiects. and the effects of prob:>ble
future proJects)"
Potentially
Significant
Impact
less Than
Significant with
Mitigation
Incorporated
Less than No Impact
Significant
Impact
K
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
EXIllBIT NO. J
p,31 ~-t 51
Discussion:
As discussed in topical impact Sections I through 16 above, all potential impacts will be
reduced to less than significant levels through project design and mitigation measures
incorporated into the proJect. The project is small in scale and does not have the potential to
create significant cumulative impacts on the environment.
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
less than No Impact
Significant
Impact
c. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
x
Discussion:
As discussed in topical impact Sections I through 16 above, all potential impacts will be
reduced to less than signi!lcant levels through project design and mitigation measures
incorporated into the project. The project is small in scale and does not have the potential to
cause significant adverse effects on human beings, either directly or indirectly.
EXHIBITS
1. Drawings Entitled "Town of Tiburon Main Street Assessment District, Street
Reconstruction Plan" dated 6/30/99 prepared by L L. Schwartz Associates (2
sheets) .
2. Tiburon Main Street Reconstruction Accessibilitv Proiect Cultural Resources
Review, prepared by Glenn David Mathews, AlA, September 10, 1999,
3. Tiburon Main Street Improvements Report, prepared by Wilbur Smith Associates,
August 20, 1999.
4. Memorandum from Tiburon Fire Protection District dated August 4, 1999.
5. Draft Mitigation Monitoring & Reporting Program.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
2"
EXHIBIT NO. :J..
f<~J. .{ S{
SUPPORTING INFORMATION SOURCES
BAAOMD BAAQMD CEQA Guidelines. ADril 1996.
California DeDartment of Conservation Farmland MaDDing and Monitoring Program. Marin
County MaD. 1994.
Downtown Tiburon Historic Resources Study. March 1999.
Federal Emergency Management Agency. Flood Insurance Rate MaD. Panel 1-25. May 16.
1977.
Tiburon Fire Protection District. Personal Communication with Ron Barney Fire Marshal.
Tiburon Police DeDartment. Personal Communication with Lieutenant Aiello.
Town ofTiburon. The Town of Tiburon General Plan. Circulation Element. Noyember 16.
1994.
Town ofTiburon. The Town of Tibul'on General Plan. Housing Element. SeDtember 7. 1994.
Town ofTiburon. The Town ofTiburon General Plan. Land Use, Noise, Open Space and
Conserval1on, and Safety Elements. SeDtember 28. 1989.
Town ofTiburon The Town ofTibul'on General Plan. Parks and Recreation Element"
SeDtember 7. 1994.
Main Street Reconstruction Accessibility Project, Town of Tiburon
Initial Study
30
EXHIBIT NO. J.
~, ~3 .-\ 51
Tiburon lVlain Street Reconstruction
Accessibility Project
Cultural Resources Review
Prepared by:
Glenn David iYfathews, AlA
Architecture / Historic Preservation
2 Allensby Lane
San Rafae~ CA 9490 I
EXHIBIT NO. J.
p,31.+51
September 10, 1999
Tiburon Main Street Reconstruction Accessibility Project
Cultural Resources Review
Introduction
Glenn David Mathews, AlA Historic Architects and Planners were commissioned by the Town ofTiburon to
review the Town's Main Street Reconstruction Accessibility Project for potential impacts on the historical
resources. The Architectural Offices of Glenn David Mathews, AIA completed a Downtown Study of the
historic resources in March 1999 which was approved by the Heritage and Arts Commission on April 27 ,
1999 and was adopted bytheTIburon Town Council on May 5, 1999, In this Study, buildings in the downtown
area that were rated as significant, contributory or non-contributory. Using the Study as our reference, we
evaluated the impacts of the proposed project on buildings listed as significant or contributory. Non-contnbutory
buildings were not be addressed.
This review consisted of an examination of the proposed building plans fur the sidewalk reconstruction, interviews
with the Project Engineer and his consuhing Architect, and a site visit to review the existing conditions of each
building, In reviewing this project the historic architect was looking for potential impacts of the proposed
project on the historic resources of Lower Main Street only. Upper Main Street, also known as "Ark Row,"
was not included in the sidewalk reconstruction project and was therefore not included in this report. The
plans reviewed for this report were produced by 1.1. Schwartz Associates, Inc. of Nova to, California titled
"Street Reconstruction Plan" and are dated 6/30/99.
Summary of Project Description: (provided by the Town of Tiburon)
The Main Street ADA Project consists of the reconstruction of sidewalks, street pavement, and other
appurtenances, including but not limited to, adjustments to storm drainage, utility, and other streetscape features
within Main Street between Tiburon Boulevard and the westerly side ofthe property at 55 Main Street, as
necessary to make the above-stated portion of Main Street and its access connections to the abutting buildings
be incompliance with the Americans with Disabilities Act (ADA),
The projects immediate physical effect would be to raise the level of the street and sidewalks along Lower
Main Street. The distance raised will vary along the length of the street based on the height 0 f the thresho Ids of
the buildings but will average six inches.
EXHIBIT NO. J..
~^ 35' .f 61
Glenn David Mathews, AIA
Page -1
Tiburon Main Street Reconstruction Accessibility Project
Cultural Resources Review
Observations
Upon review of the plans and a detailed site inspection, we concluded that only four buildings rated in the
Downtown Study were impacted by the proposed project, They are No. 32 Main, No, 34 Main, No. 35
Main and No. 38 Main. All these buildings are rated significant in the Study with the exception of35 Main,
which is listed as contributory.
Impacts
In reviewing the project, the historic architect looked for conditions where the proposed construction would
have an adverse effect on a rated building or on the historic fabric 0 fa rated building. In our field inspection we
noted the buildings where raising the sidewalk level would interact with the exterior materials_ In most cases,
the materials were concrete, plaster or brick. Pouring the new concrete sidewalk against these materials
would not have an adverse effect if the work were conducted in a "workmanship" like manner. However, a
possible adverse effect could occur at buildings where the exterior material is original wood siding. Pouring
concrete directly against wood siding is not a recommended construction practice. The proper construction
method is to separate the concrete from the wood by use of a waterproof flashing material that goes up the wall
surfuce and creates a watertight condition at the top oftbe flashing. In our conversations with the consulting
architect for the ToWll, we were told that a flashing material was to be installed; however the actual details for
each building were not going to be worked out in advance, The recommended detail for each building is
discussed below:
32 Main Street:
At 32 7vlain, the building has 1" x 8" wood siding that appears to be historic material which extends down to
a concrete curb which is approximately 4 inches above the current sidewalk.
32 Main
ffurnITNO. J
p.y"JSI
Page -2
Glenn David i'vfathews, AlA
Tiburon Main Street Reconstruction Accessibility Project
Cultural Resources Review
34 Main Street:
At 34 Main, the building has 1" x 6" wood siding that appears to be historic material which extends down to
the current sidewalk level. At the sidewalk level. a 2" x 6" wood base trim has been added to cover the
exterior wall! sidewalk jo into
34 Main
1999
35 Main Street:
At 35 Main, the 1" x 6" wood siding extends all the way down to the existing sidewalk level without an added
trim piece. This building is rated "contnbutory" in the study because of some unsympathetic alterations to the
building. The exterior wall material is believed to be original to the building (1925) and it should be considered
historically significant.
35 Main
1999
EXHIBIT NO. J.
\>. 61 ~f 51
Page -3
Glenn David Mathews, AlA
Tiburon Main Street Reconstruction Accessibility Project
Cultural Resources Review
38 Main Street:
At 38 Main, the 1" x 8" wood siding that appears to be historic material that extends down to the current
sidewalk leveL At the sidewalk leveL a 2" x 4" wood base trim has been added to cover the exterior wall!
sidewalk joint.
38 Main
1999
Mitigation Measures
Section 15064.5(b)(l) of the California Environmental Quality Act (CEQA) states that "Substantial adverse
change in the significance ofanhistorical resource means physical demolition, destruction, relocation, or
alteration of the resource or its immediate surro unding such that the significance if an historical resource
would be materially impaired." It is our professional opinion that the undertaking of this project, without
mitigation, could negatively affect the historic fabric of the aforementioned structures, The following are our
recOIllInmdations forrnitigation measures: .
32 Main Street:
At 32 Main, there is a 4'. concrete curb between the existing sidewalk level and the 1" x 8" wood siding.
Where the new sidewalk level does not extend above the height of the curb, the new flashing can be installed
under the lowest siding board. At the existing entry ramp, the siding is cut on an angle that follows the slope
with a 2" wood base trim. At this area, the 2" base can be removed and the flashing installed under the lowest
siding board.
Glenn David Mathews, AlA
EXHIBIT NO. J...
r' 3J' J S1
Page -4
Tiburon Main Street Reconstruction Accessibility Project
Cultural Resources Review
34 Nfain Street:
The existing condition at 34 Main includes a 2" x 4" wood base element_ We suggest that when the new
sidewalk slab and flashing is installed, the original 2" x 4" should be carefully removed and reinstalled to cover
the new flashing. At the entry corners, the historical plinth trim should be also carefully removed for the
instaIJa!ionofthe flashing and reinstalled. Since the sidewalk and entty level will be higher this will require some
fine carpentry efforts to rework the trim at both corners.
35 Main Street:
Unlike the other buildings that are impacted by this project. 35 Main does not have a concrete curb or wood
base element. Here, the wood siding is not flat but beveled in section and the siding extends all the way down
to the existing sidewalk leveL 35 Main also bas the largest height difference from sidewalk to doorsill so more
of the historic building fubric will be affected. The flashing detail for this building could be difficult. We
recommend that the flashing material be installed up the wall between the concrete and the wood siding to the
bottom of the fifth siding board from the sidewalk. This level would have the flashing approximately 2 inchs
above the highest point ofthe new sloping sidewalk. The flashing should be installed so it slides as far as
possible under the bottom of the fifth siding board to create a water tight installation. The installation of the
flashing underthe existing siding board could be difficult. The board must be gently pried out to create a space
fur the flashing to be inserted without damaging the board itself Ifit is determined that this can not be done
without damage to the historic material, then all of the siding boards above the fifth board and under the
windows should be gently removed for the flashing to be installed and then replaced in their original positions.
38 Nfain Street:
The existing condition at:3$ Main includes a 2" x 6" wood base element. We suggest that when the new
sidewalk slab and flashing is installed, the original 2" x 6", wirichshould be carefuJlyremoved prior to construction,
be reinstalled to cover the new flashing. The flat and fluted vertical trim elements of the ~ade will also have to
be carefully removed and custom cut at the bottom to follow the new slope,
Conclusion
Generally, the proposed project will have little effect on the historic integrity of the Tiburon's DowntoWn. The
existing curbs and sidewalks are not historical so their alteration will have no impact The buildings that will be
affected have been addressed in the suggested mitigation measures section of this report. It is our professional
opinion that if the mitigation measures listed above are implemented; the impact 0 f the project on historical and
cultural resources will be reduced to less than a significant leveL
Glenn David tvfathews, AIA
EXHIBIT NO. J
~' 3'1 .f 51
Page -5
WILBUR
SMITH
ASSOCIATES
E,,"GINE:RS . ECONOMISTS . PLANNE.RS
EXHIBIT NO.
-'3
-.::: ":'-I-;:'::~ s~,.;==- ~E'I-""; ;:'_':>~R . '3,.l~\1 :::~',':"I\JC:SCC, eM :::4103-1:;4': . (415) ..:l2c-yrJ30. FAX (415) 430-0337
August 20. 1999
!vIr. Scott .-\nderson
Director of Planning
Town of Tiburon
1505 Tiburon Boulevard
Tiburon. CA 94920
~;r-'''''''rjl"" """-"
nr'J ..."",1,,;,,[,_,,",1
W . _ -l..t. .:.....i l.:o .~~. (.:)
AUG 2 5 1999
PL,~~::,,:,:t;'~.I:,,~'~,,'~~;C ::.:.:" :r
, 1.-"_.",,-,)
Dear Mr. Anderson:
This letter provides the findings of Wilbur Smith Associates (WSA) review and assessment of
the proposed Main Street Reconstruction Plans and have focused on potential parking and
circulation impacts related to the Main Street Assessment District Reconstruction Plan
("project"). The assessment has been prepared to serve as background information under the
California Environmental Quality Act (CEQA) requirements for an Initial Study of the proposed
project. Review of the project is based on the June 30, 1999 project drawings, prior traffic
studies by DKS Associates and on observations and data collected by WSA from site visits to
Main Street on a weekday and weekend afternoon.
ASSESSMENT SUMMARY
The proposed Main Street improvement project was found to be acceptable under standard
CEQA Initial Study requirements and in terms of circulation safety and operational issues. The
planned improvements would continue to provide sufficient capacity for t\vo-way vehicle (peak
load) circulation and for on-street parking. Construction of the project would introduce design
features that would improve the existing pedestrian and bicycle circulation environment with
wider sidewalks and reduced vehicle speeds. Impacts during construction of the improvement
project would be short-term and manageable. The project as proposed would provide the
following improvements:
. Compliance with Americans with Disabilities Act (ADA) requirements in terms of access
to commercial uses.
. Wider sidewalks would facilitate safer pedestrian circulation.
. Narrow traffic lanes (nine-feet wide) which act as a traffic calming measure (reduced
vehicle speeds).
. Bicycle operations safer with reduced vehicle speeds. EXH:IBIT NO. J..
. Sidewalk bulbouts at raised crosswalks promote safe pedestrian circulation (street ~. 40 err s /
crossings) and act as traffic calming measures (reduced vehicle speeds). _ ____ _ _ _ __
':",,-==:<A .-;i-'..J.~,~;'. -~~;':. 'J" ..l,,:,.:..c..::VI c'~. .:..~:_/::..\;~.:. '?;.. :3,':"L~~\;IC'(:: \1[:' ~..'.,I.G,,':.{. ~f-,":"IL':"J"C. ,':Cl.!\,A,C;.S, \j:i';t:::IJE~;' ,::..,t"r::L.=~I"_'\~,;',', . _--'_''':'':-. ..
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EMPLOYEE-OWNED COMPANY
. Designated commercial on-street parking spaces (west end of main Street) restricted to
weekday morning use for delivery vehicles.
PROJECT DESCRIPTION
The Town of Tiburon, Main Street Reconstruction Plan proposes to make improvements to a
one-bock portion of Main Street (Lower Main Street) in order to facilitate wheelchair access to
commercial properties located on the block. Figure 1, shows the proposed plan which includes
the raising and widening of existing sidewalks, the reconfiguration of on-street parking,
additional pedestrian crosswalks and the narrowing of vehicle travel lanes to nine-feet in each
direction (east/west). The building-face to building-face distance (north to south) on Main Street
is approximately 40-feet wide and is generally composed of five foot sidewalks (either side), a
22-foot vehicle travel way (II foot \;tide eastbound and westbound lanes) and an eight-foot
parking lane.
Construction of the plan would provide ramp access to some commercial properties and would
insure compliance with ADA wheelchair access requirements to all commercial uses on the
block. The project would widen the south sidewalk to a minimum of eight-feet and provide a
minimum of six-foot wide sidewalks on the north side. The vehicle travel lanes in each direction
would be reduced to nine-foot widths, and the number of on-street (north side) parking spaces
would be reduced from 12 to nine spaces.
The plan design indicates construction of two mid-block crosswalks aligned with north side curb
bulbs. The project check print (June 30, 1999) reviewed here is not a final design plan. Possible
revisions to the plan (Figure 1) according to the project civil engineer include removal of the two
south side parking spaces at the east end of Main Street and the addition of two crosswalks. One
of the additional crosswalks would be located equidistant between the two proposed crosswalks
and a second could be located toward the east end of Main Street between the proposed easterly
crosswalk and the existing Tiburon Boulevardllvlain Street crosswalk.
CIRCULATION
Vehicle Traffic
Average daily traffic (ADT) on Main Street is approximately 2,120 vehicles during a weekday
period and 3,840 vehicles during a weekend (Saturday) period!. The directional distribution of
this traffic is 56 percent westbound and 44 percent eastbound for both weekday and weekends,
Peak period traffic occurs between noon and 2:00 PM on weekdays and noon and 5:00 PM on
weekends. Weekday peak hour traffic was recorded at 204 vehicles between noon and 1:00 Pyl
and at 458 vehicles between I :00 PM and 2:00 PM on Saturday.
Generally, traffic circulates through Lower Main Street without problems during weekdays and
weekends. Some congestion and resultant vehicle delay exists due to heavy pedestrian traffic,
double parked delivery trucks, and on-street parking maneuvers. Congestion on Lower Main
Street however can be characterized as short -term and intermittent. Traffic speeds tend to be low
(under 20 m.p.h.) due to the above noted constraints and overall capacity is adequate for
weekend peak hour demands.
I . ..,
OKS ASSOCiates, Tiburon ~lam Street Clrculallon Study. August 20.1997.
EXHIBIT NO. ~
f,4-l 0* S I
342840
TI8URON MAIN STREET IMPROVEMENTS
WILBUR SMITH ASSOCIATES
Page 2
\\/hile it is important to maintain adequate traffic circulation, it is noted that capacity and
throughput are not the main functions of this street. Access to businesses, the ferry dock and the
parking lot at the West End of the street are primary street functions. There is also a yacht club,
located at he west end of the street but most users with boat trailers must use upper Main Street-
Ark Row for access. Local residents also use lower Main Street for circulation around
downtown Tiburon, and while this is compatible with its access function to the fronting business;
there are other circulation options available to local residents.
Pedestrian Traffic
Pedestrian circulation on Lower Main Street was observed on Thursday, June 24, 1999 and
Sunday, July 4, 1999. The volume of pedestrian traffic during the July 4th holiday was high
enough to overflow the sidewalks and spill into the street. The pedestrian overflow occurred
most often from the south sidewalk. Vehicles parked on the north side of the street form a
barricade which limits pedestrian spillover from that side. Numerous pedestrian crossings were
observed all along the street outside of the marked crosswalks.
Pedestrians counts were taken at mid-block on Main Street. During the weekday, between
11 :00 Acvl and 2:00 PM pedestrian flows were moderate, approximately 180 pedestrians per peak
hour were counted on the south sidewalk and approximately 120 pedestrians on the north
sidewalk. During the Sunday holiday peak, pedestrian flows averaged 60 persons per five
minute periods (720 persons per hour between 3 :00 PM and 4:00 P!vf) on the south sidewalk with
slightly lower flows on the north sidewalk. Using pedestrian Level of Service (LOS)
methodology described in the 1994 Highway Capacity Manual, the Sunday peak hour flows
correspond to a pedestrian LOS C. LOS C is an acceptable range and indicates that the
pedestrian facilities are adequate. The fact that pedestrians were observed to spill over into the
street however indicates that the sidewalks in their current configuration are insufficient to
accommodate the level of use they receive.
Bicycles
Under both existing and the proposed conditions, bicycles must share the roadway with motor
vehicles. This is common in business districts where there is no space for dedicated bike lanes.
During periods of observation moderate levels of bicycle activity were noted. The primary
bicycle flow was noted to be eastbound on Main Street toward Tiburon Boulevard. Although
Main Street is a popular route, through bicyclists also have the option of using Beach Road to
Tiburon Boulevard or Beach Road to Juanita Lane. However those bicyclists with destinations
on and near Main Street will still opt to use Main Street.
Delivery Trucks
Delivery trucks serving the Lower Main Street businesses must double park while being
loaded/unloaded. Delivery truck operations are limited to the hours of 7:00 Acvl and 1 I :00 AM
on weekdays. These trucks tend to use the westbound lane of Main Street for parking and are a
major source of congestion and delay during the morning hours. It was observed that even with
up to three delivery trucks blocking the westbound lane passenger vehicle operations were nor
seriously impacted given the low vehicle volumes and speeds found on Main Street during the
morning hours.
Page 3
EXHIBIT NO. J
WILBUR SMITH ASSOCIATES
pr ~J....f ..5 {
342840
TIBURON MAIN STREET IMPROVEMENTS
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EXHIBIT O. J.
P"430f5J
MAIN STREET RECONSTRUCTION PLAN IMPACTS
An assessment of the proposed Main Street Reconstruction Plan indicates that overall pedestrian
and bicycle circulation would be safer with implementation of the planned improvements, Motor
vehicle circulation would be somewhat constrained (compared to the existing configuration)
based on narrower travel lanes, however the carrying capacity of the roadway would be adequate
to handle weekend, peak hour traffic volumes (450+ vehicles), Congestion associated with
delivery truck operations can be improved with the plan if the two most westerly on-street
parking spaces are designated for commercial loading use between the hours of 7:00AM and
11 :00 A.c\1 on weekdays. Construction of the plan would result in the permanent loss of three on-
street parking spaces, and the partial availability of two on-street spaces (due to commercial
restrictions) for public parking.
CEQA requires that any proposed action (project) which could potentially result in adverse
environmental impacts must at a minimum be screened with an Initial Study. Table 1 shows the
standard CEQA Initial Study Check List for transportation and circulation issues. Applying the
check list questions to the Main Street Reconstruction plan indicates that the project would not
result in any significant impacts and that further environmental study of transportation impacts
would not be warranted,
342840
TIBURON MAIN STREET IMPROVEMENTS
EXHIBIT NO. 1.
e' 4-'f.f -5/
WILBUR SMITH ASSOCIATES
Page 4
Table 1 - Initial Studv Check List
TRPu'lSPORTA TION/CIRCL'LA TION.
Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Would the project:
Less
Than
Significant
Impact
No
Impact
a.
Cause an increase in traffic which is substantial
in relation to the existing traffic load and capacity
of the street system (i.e., result in a substantial
increase in either the number of vehicle trips,
the volume to capacity ratio on roads,
or congestion at intersections)?
x
b.
Exceed, either individually or cumulatively,
level of service standard established by the
county congestion management agency
for designated roads or highways?
x
c.
Substantially increase hazards due to a
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses
(e.g., farm equipment)?
x
d.
Result in inadequate emergency access?
x
e.
Result in inadequate parking capacity?
x
f.
Conflicts with adopted policies,
plans or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
x
g.
Results in change in air traffic patterns including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
x
Initial Study Checklist Discussion
a. The project will not result in an increase to existing levels of vehicle traffic, The project
would reduce the carrying capacity of the existing lanes, however the reduced lane widths
would continue to provide adequate capacity for existing and future peak vehicle loads.
(See discussion of carrying capacity in Vehicle Circulation section).
b. See response to a.
c. The proposed proj ect will not substantially increase hazards due to design features. The
proposed design features would result in a reduction of vehicle speeds (narrow lanes,
raised crosswalks) and wider sidewalks which will promote safe pedestrian circulation
(reduced spillover).
EXHIBIT NO. :J.
p.45.fS/
WILBUR SMITH ASSOCIATES
342840
Tl8URON MAIN STREET IMPROVEMENTS
Page 5
d. The project paved travel way would consist of two nine foot lanes (total 18 feet). This
width is adequate for emergency vehicle access. Lower Main Street connects with an
existing street network which provides access from two directions.
e. Tne project would remove up to three existing on-street parking spaces and would likely
restrict the use of two additional spaces between 7:00 AJv! and 11:00 Ac\,f! during
weekdays. The loss and restriction of existing spaces on Main Street would be
inconsequential. Sufficient on-street and off-street parking exists within the immediate
vicinity of the Main Street project.
f. The project would not conflict with adopted policies, plans, or programs supporting
alternative transportation. There are no such requirements that would directly apply to
the project itself, though the town of Tiburon encourages and supports alternative forms
of transportation.
g. The proposed project would not affect air traffic patterns.
Vehicle Circulation
Construction of the project would result in reducing vehicle travel lanes from II-feet to nine-
feet in each direction. Based on available daily traffic count data for Lower Main Street the
nine-foot lanes will be adequate in terms of roadway capacity requirements for current and
potential future peak hour traffic loads.
The capacity of a I I-foot travel lane (unconstrained) in an urban setting is approximately 1,800
vehicles per hour2 Reduction to nine-foot lanes results in an adjustment to 1,700 vehicles per
hour. The sited standard capacities are ideal and in no way reflect the operational constraints
found on Lower Main Street. Using standard adjustments for reduced lane width, heavy
pedestrian flows, on-street parking, and delivery truck activity results in a factored reduction of
0.600 of the ideal lane volume capacity. This factor when applied to the proposed Main Street
project translates to a carrying capacity of approximately 1,000 vehicles per lane, per hour. The
factored down per lane capacity of 1,000 vehicles per hour is offered here as an order of
magnitude comparison to the actual per lane peak hour volume of 270 westbound vehicles
documented on a peak season 1997 weekend.
Since speed and capacity are not the main functions of this one block long street, nine-foot lanes
are appropriate because they would significantly slow traffic and provide a safer pedestrian and
bicycle environment. Many communities across the country are restriping streets with narrow
lanes where there are 25-mph speed limits. The speed limit goal for this street is even lower; thus
nine-foot lanes are compatible with the goals of this project and operationally adequate for peak
hour vehicle loads.
WILBUR SMITH ASSOCIATES
Page 6
Pedestrian Traffic
The project would expand sidewalk \Vidths on the south side of the street to a minimum of eight-
feet (currently five feet) and to a minimum of six-feet on the north side of the street. Design
standards indicate that for two people to comfortably walk side by side, sidewalks should be five
feet when there is a buffer strip on either side of the sidewalk, and no street furniture is placed in
this space. When sidewalks are directly adjacent to buildings, as in this case, a width of six feet
is needed to provide the same service. To allow a pedestrian to comfortably pass a wheelchair,
six-feet should be provided. The proposed improvements would result in increased sidewalk
capacity on both sides of the street and hence provide a safer pedestrian facility compared to
what currently exists. Given the physical constraints the minimum sidewalk width should be six-
feet with eight feet-provided on the south side where pedestrian volumes are higher due to ferry
unloading and pedestrians are not constrained by parked vehicles.
The plans indicate two bulbouts/raised crosswalks, These will shorten the roadway crossing
distance and will provide more queuing space and passing space for pedestrians. These design
features may not be enough to prevent pedestrians from spilling into the roadway, but they will
widen sidewalks where pedestrians tend to congregate, at the walkways and thus will help to
reduce spillover. Just as important, the bulbouts will visually enhance the crossing area and
increase motorists awareness. This type of design also serves as a traffic calming measure and
helps to slow traffic.
Bicycles
The planned improvement measures described above that act to slow traffic will also improve
bicycle safety and reduce the potential for car-bike collisions. The widening of the sidewalks
reduces the potential for bicycle-pedestrian collisions by keeping pedestrians out of the roadway.
The posted speed limit would also apply to bicyclists and advance warning of the reduced speed
limit should be given for bicyclists arriving from the south, since the grade may cause bikes to be
travelling faster than appropriate for the street.
Truck Delivery
Congestion associated with delivery truck operations can be reduced with the proposed plan if
the two most westerly on-street parking spaces are designated for commercial loading use
between the hours of 7:00Atv1 and 11:00 Atv1 on weekdays, Delivery trucks will continue to
double park on Main Street, however providing two commercial use only parking spaces will
reduce the cumulative delay currently experienced during weekday mornings due to delivery
vehicle activity.
Parking
Construction of the plan would result in the permanent loss of three on-street parking spaces, and
the partial availability of two on-street spaces (due to commercial restrictions) for public parking.
The loss of these spaces while inconvenient, would not represent a significant impact given the
close proximity of off-street parking at the west end parking lot. A reduction in on-street parking
spaces on Main Street would have a positive effect in that there would be less overall delay.
342840
TIBURON MAIN STREET IMPROVEMENTS
EXHIBIT NO. J
p, 4-7 '+5/
WILBUR SMITH ASSOCIATES
Page 7
Construction Impacts
The estimated duration for construction of the Main Street improvement plan is approximately
three months.3 Construction would be scheduled to start in January of 2000 and the schedule
would be contingent on weather conditions. The winter schedule would coincide with the lowest
seasonal demand on Main Street in terms of pedestrian and vehicle traffic. Complete closure of
Main Street is not anticipated, however should a closure be necessary it would be for a short
duration, Partial lane and sidewalk closures would occur and would disrupt vehicle and
pedestrian circulation. If necessary, traffic that would normally use Lower Main Street could be
diverted to Beach Road without creating significant levels of congestion or delay.
The public parking lot at the west end of Main Street would remain open and accessible
throughout the construction period. Preliminary construction plans call for the use of plywood
ramps to insure that all Main Street businesses remain accessible. Partial closures of sidewalks
and vehicle lanes would typically be for short-time periods and could be managed and minimized
through advanced planning and coordination among the appropriate parties.
We hope that this information is helpful in furthering the proposed Main Street Reconstruction
Plan. We are prepared to respond to any questions or requests for additional information you
may have,
Sincerely:
WILBUR SMITH ASSOCIATES
~;0/ _
Ronald Foster, AICP
Principal Transportation Planner
RJF /pth
342840
EXHIBIT NO. J
p,4;-gJ51
3 r. L. Schwanz Associates fnc., Civil Engineering md Land Surveying, Novata, California
342840
TIBURON MAIN STREET IMPROVEMENTS
WILBUR SMITH ASSOCIATES
Page 8
EXHIBIT NO..:f-
TIBURON FIRE PROTECTION DISTRICT
TO: TIBURON PLANNING DEPARTMENT
DATE: August 4, 1999
FROM:
Ron Barney, Fire Inspector'!PE16.
RECEIVED
AUG 9 1999
RE:
Main Street reconstruction plan
:-"""":'I.;,;G =~,--,,,,,I1IIVI~',,-
TO'MI OF TiBlJRO,'I
Our primary concern with this proposal is access for fire apparatus. The street, as
designed, could effectively be blocked by one double parked delivery vehicle, Those
vehicles, such as beverage delivery vehicles, that unload from the side and therefore
could not stay close enough to the parked vehicles to stay within their own traffic lane
would be impossible to pass in a full width fire apparatus, One suggestion to help
alleviate this potential would be to require all deliveries during a set period of time, say
0700 to 1000 hours, and prohibit parking along the street during those hours. This
would allow the local delivery vehicles to utilize the parking areas without blocking
emergency vehicle access. There may be other ways to manage this problem as well,
however, we need a minimum of 10 feet of clear width in which to maneuver our
apparatus.
This potential change would require an intense consistent enforcement effort from the
P.O. until such time as everyone could become familiar with the new arrangements.
There may be other impacts to the Main Street businesses as well, We offer this
solution as one suggestion, we hope others have input as well.
Thank you for the opportunity to review the plans.
cc: I.L. Schwartz
Town Manager
EXHIBIT NO. J
f- 1-'1 or SI
EXHIBIT NO. S
MITIGA TION MONITORING PROGRAM
MAIN STREET RECONSTRUCTION ACCESSIBILITY PROJECT
FILE #S 99-07
(LOWER MAIN STREET)
The following mitigation measures, listed by topic, are imposed and incorporated as conditions
into the project to reduce potentially significant adverse effects of the project to less than
significant levels.
AESTHETICS AND CULTURAL RESOURCES
Mitigation Measure
Mitigation Measure Ib,l: The following measures will be taken during construction to prevent
damage to the original wood siding on four buildings as follows:
32 Main Street At 32 Main Street there is a 4" high concrete curb between the existing
sidewalk level and the I" X 8" wood siding of the building. Where the new sidewalk level
does not extend above the height of the concrete curb, new flashing can be installed under the
lowest siding board At the existing entry ramp, the siding is cut on an angle that follows the
slope with a 2" wood base trim. At this area, the 2" base trim can be removed and the
flashing installed under the lowest siding board.
34 Main Street The existing condition at 34 Main Street includes a 2" X 4" wood vase
element When the new sidewalk slab and flashing are installed, the original wood base
element shall be carefully removed and reinstalled to cover the new flashing. At the entry
corners, the historical plinth trim shall also be carefully removed for the installation of the
flashing and then reinstalled. Since the sidewalk and entry level will be higher this will require
some fine carpentry efforts to rework the trim at both corners.
35 Main Street The existing condition at 35 Main Street does not have a concrete curb or
wood base element Instead, the wood siding is not flat but beveled in section and the siding
extends all the way down to the existing sidewalk level. The new flashing shall be installed up
the wall between the concrete and the wood siding to the bottom of the fifth siding board
from the existing sidewalk This level would have the flashing approximately two inches
above the highest point of the new sloping sidewalk The installation shall slide as far as
possible under the bottom of the fifth siding board to create a watertight installation The fifth
board must be gently pried out to create a space for the flashing to be inserted without
damage to the historic material. Then all of the siding boards above the fifth board and under
the windows shall be gently removed for the flashing to be installed, and then each must be
replaced in its original position.
rBrT NO. J
1
p, 5'0 J-SI
~~
If
_ __-----i
38 Main Street: The existing condition at 38 main Street includes a 2" x 6" wood base
element. When the new sidewalk slab and flashing are installed, the original 2" X 6" wood
base element, which should be carefully removed prior to construction, be reinstalled to cover
the new flashing. The flat and fluted vertical trim elements of the fa~ade will also need to be
carefully removed and custom cut at the bottom to follow the new slope.
Implementation Procedure
The Town shall incorporate this mitigation measure into the contract for the
reconstruction work. The project contractor shall retain the appropriately qualified
professional to perform the actual work, under the supervision of a qualified architect.
Non-compliance Sanction:
Fines for violations, stop-work order, retention of an expert at contractor's cost to
oversee proper restoration work.
NOISE
Mitig:ation Measure:
Mitigation Measure Ua.l The following measures shall be taken:
A Equipment engine doors on motorized equipment shall be closed during equipment
operation.
B. The quietest of alternative feasible equipment shall be used during demolition and
construction work.
C. When not in use, motorized construction equipment shall not be left idling.
Implementation Procedure:
The Town shall incorporate this mitigation measure into the contract for the
reconstruction work. The project contractor shall provide the appropriate equipment and
instruct the operators to follow the measures.
Non-comoliance Sanction:
Fines for violations; stop work order.
Main street ada mrnrp.doc
~ ~.
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lQ; ...!. .OJ /\. Ul~. --J
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,.--'
TIBURON FIRE PROTECTION DISTRICT
TO: TIBURON PLANNING DEPARTMENT
DATE: August 4, 1999
FROM:
Ron Barney, Fire Inspector~Ef6.
RECEIVED
AUG 9 1999
RE:
Main Street reconstruction plan
:-L,;", "'I;'j''J =L:~,",(lT:vd~:;j;
TOWN OF T:SiJRGrI
Our primary concern with this proposal is access for fire apparatus. The street, as
designed, could effectively be blocked by one double parked delivery vehicle. Those
vehicles, such as beverage delivery vehicles, that unload from the side and therefore
could not stay close enough to the parked vehicles to stay within their own traffic lane
would be impossible to pass in a full width fire apparatus. One suggestion to help
alleviate this potential would be to require all deliveries during a set period of time, say
0700 to 1000 hours, and prohibit parking along the street during those hours. This
would allow the local delivery vehicles to utilize the parking areas without blocking
emergency vehicle access. There may be other ways to manage this problem as well,
however, we need a minimum of 10 feet of clear width in which to maneuver our
apparatus.
This potential change would require an intense consistent enforcement effort from the
P.O. until such time as everyone could become familiar with the new arrangements.
There may be other impacts to the Main Street businesses as well. We offer this
solution as one suggestion, we hope others have input as well.
Thank you for the opportunity to review the plans.
cc: I.L. Schwartz
Town Manager
EXHIBIT NO. 3
CD
~:
~
CITY of BELVEDERE
450 San Rafael Avenue · Belvedere, CA 94920
Tel: 415/435-3838 · Fax: 415/435-0430
September 20, 1999
Scott Anderson
Planning Director
Tiburon Planning Department
1505 Tiburon Boulevard
Tiburon, CA 94920
RECE~VED
SEP 2 1 1999
Re: Main Street Reconstruction Project
. ""'~. 'J7~ 1(:~' r
P111.Ni'W:G '~'tY-","'.~'~
TD'iv'i': CY 11.3l;>'.C:,1
Dear Scott:
We otfer the following comments in response to our review of your Notice of Intent to Adopt a
Mitigated Negative Declaration for this project. These concerns relate to public safety and
convenience during construction.
I. We strongly endorse the concept of noise mitigation and the specific measures outlined in
Exhibit No.5.
2. Vehicle egress from Corinthian Island should be maintained. Safety vehicles will also
require access via the Alcatraz Avenue exit onto Main Street.
Thank you for the opportunity to review these documents.
Sincerely,.-- .
/7137
~~>L'
Bob Branz
Acting City Manager
cc: Corinne Wiley, Mayor
Ed San Diego, City Manager
C'M.O'..._...(.,,_........~....,I.lI\._,,'j...._...............l''''''.....
EXHIBIT NO. 4-
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At a lime when plans are in progress for a complete revamping and narrowing of Tiburon's
"Main Street". Tiburon's Council. Staff. and Planning Commission are in the process of meeting
to approve provision of a "Negative Declaration" for the "Tiburon Main Street Reconstruction
Accessibility Project". If the "Negative Declaration is" approved, it will ehmmate the need tor
an analytICal I:nvlronmentallmpact Report", and the Public will never know, BEFOREHAND,
what the deleterious effects of the new design will be.
An initial study was made by a Mr. Ron Foster, associated with the firm of Wilbur Smith and
Associates. The Assessessment Summary includes I) Pedestrian Traffic, 2) Bicycles,
3) Delivery Trucks, and 4) Vehicular Traffic and their impact on the newly designed widened
sidewalks. along with the narrowed Main Street vehicular thoroughfare. 20% of the Public
Parking on the street will be eliminated. Other currently used parking spaces will be reserved
for the new Hotei. presenJy under construction. NO mention was made regarding the New
Restaurant that will replace old "Tiburon Tommies". nor Handicapped Parking.
The Analysis of Delivery Truck Parking shows a lack of knowledge. With even narrower streets,
we will still have to accomodate su lies being delivered to the restaurants. -, "every few
mont s [e anltary Istnct as a ootec- eaner on t e treet to clean out the sewer lines.
Adding to the picture will be construction vehicles for the revamping and construction of the
previously mentioned hotel and the restaurant. Do we stop ALL traffic because the road is much
too narrow to accomodate three lanes? The Analyst. Mr. Ron Foster claims thar there isn't any
"significant impact"! Sorry. I Just Can't Agree!!' '
I would suggest a FULL E.I.R. on this important proceedure.
Nathaniel Maransi' Cl~. Q
/. '" ~.;\ i^-"--<>- '\ "- ~ ~
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,
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I
RECENED
OCT 1 1 1999
PLAN~jl~iG D~P".q~\~::~'jT
TOV/N OF ::~~'.';:l):;
EXHIBIT NO. S
RECEIVED
TOWN OF TIBURON
MEMORANDUM
OCT t 4 1999
PLAj'<l:\j:r.;(; CE?':'PTit..1E:H
To\~rJ Or T;SURO:'J
Police Department
To: Scott Anderson, Planning Director
From: David M. Hutton, Sergeant
Subject: Draft Negative Declaration and Initial Study for
The Main Street Reconstruction Accessibility Project
Date: October 13,1999
On Tuesday, October 12, 1999, I reviewed the supplied Draft Negative Declaration and Initial Study
from your Department regarding the Main Street Reconstruction Accessibility Project.
In my estimation, the proposed plans for the Reconstruction Accessibility Project will not hamper
or deter pedestrian movement in the Lower Main Street area. Upon completion, it appears that the
project will allow the one block Down Town Tiburon Commercial area to meet all ADA regulations
as required by Federal Law.
During this time of construction, however, my Department request that the traffic lane(s) remain
accessible for all emergency vehicle traffic and that the Town of Tiburon Hours of Construction
Ordinances be adhere r ublic peace.
4/~-/L.
DA VID M. HUTTON,
SERGEANT
EXHIBIT NO.
~
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING THE MAIN STREET ACCESSIBILITY RECONSTRUCTION PROJECT
AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT
MAIN STREET RIGHT-OF-WAY IN FRONT OF 1-55 MAIN STREET
WHEREAS, the Town Council of the Town ofTiburon does resolve as follows:
Section 1. Findinl?s
A. The Town ofTiburon has initiated a proposal for the reconstruction of Lower Main Street
that would include the raising and widening of existing sidewalks, raising the street level,
reconfi,l,'Uration and reduction of existing on-street parking, creation of additional pedestrian
crosswalks, and narrowing of travel lanes to nine feet in each direction Said proposal is on
file with the Town ofTiburon Planning Department (File # S-99-07). The official record for
this project is hereby incorporated and made part of this resolution. The record includes the
Staff Reports, minutes, drawings, file contents, and all comments and materials received at
the public hearing.
B. An initial study of environmental impact was prepared in accordance with the California
Environmental Quality Act (CEQA) and a draft negative declaration released for public
comment on September 15,1999. The comment period closed on October 15, 1999.
C The Town Council held a duly noticed public hearing on October 20, 1999 and heard and
considered testimony from interested persons with respect to the draft negative declaration
and the project itself
D. The Town Council, based on analysis contained within the Staff report dated 10/15/99 and
upon other evidence in the record, finds that the project is consistent with the Tiburon
General Plan and is in compliance with the Tiburon Zoning Ordinance and other applicable
regulations.
E. The Town Council finds that the project. as conditioned, does not have the potential to
result in significant adverse impacts on the environment. No substantial evidence to
support a fair argument that a significant adverse impact would occur as a result of the
project has been received or presented
F. The Town Council has determined that the project would not be detrimental to the public
health, safety, or welfare nor injurious to other properties in the vicinity.
Tiburon Town Council
Resolurion No.
,,/,,/99
1
EXHIBIT No.3
p. (".f4
Section 2. Approval.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town ofTiburon
hereby adopts the Mitigated Negative Declaration and approves the Main Street Accessibility
Reconstruction project (File # S-99-07) subject to the following conditions:
l. The project shall substantially conform to drawings entitled "StreerReconstruction Plans
for Town ofTiburon Main Street Assessment District & Supplemental Work" (6 sheets)
prepared by I. L. Schwartz Associates, dated September 13, 1999.
2. The mitigation measures contained within the attached Exhibit "A" are hereby
incorporated as conditions of this approval.
3. A detailed traffic management and noise management plan shall be prepared and approved
by the Town Engineer prior to commencement of work.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 1999, by the following vote:
AYES.
COUNCIU'vIE'vfBERS
NOES.
COUNCILMEl'v1BERS
ABSENT
COUNCILMElvIBERS:
MOGENS BACH, MAYOR
TOWN OF TIBURON
ATTEST
DIAL"''E L. CRANE, TOWN CLERK
main street ada reso.doc
Tiburon Town Council
Resolution No
../../99
""<,7'\';.fTBIT NO. 1
f' J. -f- 4-
2
EXHIBIT "A"
MITIGA TION MONITORING PROGRAM
MAIN STREET RECONSTRUCTION ACCESSIBILITY PROJECT
FILE #S 99-07
(LOWER MAIN STREET)
The following mitigation measures, listed by topic, are imposed and incorporated as conditions
into the project to reduce potentially significant adverse effects of the project to less than
significant levels.
AESTHETICS AND CULTURAL RESOURCES
Mitigation Measure:
Mitigation Measure lb.!: The following measures will be taken during construction to prevent
damage to the uriginal wood siding un tour buildings as folluws:
32 Main Street At 32 Main Street there is a 4" high concrete curb between the existing
sidewalk level and the I" X 8" wood siding of the building Where the new sidewalk level
does not extend above the height of the concrete curb,. new flashing can be installed under the
lowest siding board. At the existing entry ramp, the siding is cut on an angle that follows the
slope with a 2" wood base trim. At this area, the 2" base trim can be removed and the
flashing installed under the lowest siding board.
34 Main Street The existing condition at 34 Main Street includes a 2" X 4" wood vase
element. When the new sidewalk slab and flashing are installed, the original wood base
element shall be carefully removed and reinstalled to cover the new flashing. At the entry
corners, the historical plinth trim shall also be carefully removed for the installation of the
flashing and then reinstalled. Since the sidewalk and entry level will be higher this will require
some fine carpentry efforts to rework the trim at both corners.
35 Main Street. The existing condition at 35 Main Street does not have a concrete curb or
wood base element. Instead, the wood siding is not flat but beveled in section and the siding
extends all the way down to the existing sidewalk level. The new flashing shall be installed up
the wall between the concrete and the wood siding to the bottom of the fifth siding board
from the existing sidewalk. This level would have the flashing approximately two inches
above the highest point of the new sloping sidewalk The installation shall slide as far as
possible under the bottom of the fifth siding board to create a watertight installation. The fifth
board must be gently pried out to create a space for the flashing to be inserted without
damage to the historic material Then all of the siding boards above the fifth board and under
the windows shall be gently removed for the flashing to be installed, and then each must be
replaced in its original position
EXHIBIT NO.
~.3 ~t-f
11
38 Main Street The existing condition at 38 main Street includes a 2" x 6" wood base
element When the new sidewalk slab and flashing are installed, the original 2" X 6" wood
base element, which should be carefully removed prior to construction, be reinstalled to cover
the new flashing. The flat and fluted vertical trim elements of the fa9ade will also need to be
carefully removed and custom cut at the bottom to follow the new slope.
Implementation Procedure
The Town shall incorporate this mitigation measure into the contract for the
reconstruction work The project contractor shall retain the appropriately qualified
professional to perform the actual work, under the supervision of a qualified architect.
Non-compliance Sanction'
Fines for violations, stop-work order, retention of an expert at contractor's cost to
oversee proper restoration work.
NOISE
MitilJ:ation Measure
Mitigation Measure lla.l. The following measures shall be taken.
A. Equipment engine doors on motorized equipment shall be closed during equipment
operation.
B The quietest of alternative feasible equipment shall be used during demolition and
construction work.
C When not in use, motorized construction equipment shall not be left idling.
Implementation Procedure.
The Town shall incorporate this mitigation measure into the contract for the
reconstruction work. The project contractor shall provide the appropriate equipment and
instruct the operators to follow the measures.
Non-compliance Sanction
Fines for violations; stop work order.
Main street ada mmrp,doc
'P;XIDBIT NO.I- 2
p. +J4
TOWN OF TIBURON
STAFF REpORT
ITEM NO. / /
MEETING DATE:' 10/20/99
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR '371..
Subject: ZEUNSKY PARK/RAILROAD MARSH FLOODPLAIN PROJECT CONSIDER
ADOPTION OF AN ORDINANCE EXEMPTING THE PROJECT FROM THE
TlBURON ZONING ORDINANCE AND ESTABLISHING PROCESSING
PROCEDURES THEREFORE (Ordinance---Second Reading)
Date: OCTOBER 11,1999
BACKGROUND
At its meeting on October 6, 1999 the Town Council held first reading of the proposed ordinance.
The matter now comes to the Town Council for second reading and adoption.
RECOMMENDA nON
I. That the Town Council holds a public hearing on the draft ordinance.
2. That the Town Council moves to read by title only and proceeds to hold a role call vote on
second reading and adoption of the Ordinance.
EXHIBITS
1. Draft Ordinance.
Tibllron Town COllneil
Staff Report
J 0110/99
I
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING
PLANNING PROCEDURES FOR THE PROPOSED
ZELINSKY PARKlRAILROAD MARSH FLOODPLAIN PROJECT
LOCA TED ON TOWN OF TIBURON-OWNED LAND BEHIND THE
TIBURON TOWN HALL AND BELVEDERE-TIBURON PUBLIC
LIBRARY BUILDINGS AT 1501 & 1505 TIBURON BOULEVARD
(PORTIONS OF ASSESSOR PARCEL NOS. 58-171-62 & 85)
The Town Council of the Town ofTiburon does ordain as follows:
SECTION 1.
PURPOSE
The Town ofTiburon is proposing to make landscaping, grading, drainage
and passive public recreation improvements to a portion of the Railroad Marsh
Floodplain located behind the Tiburon Town Hall and Belvedere- Tiburon Public
Library buildings at 1505 and 1501 Tiburon Boulevard. The improvements would
include a suitable recognition of the contributions of the Zelinsky Family toward
making the Town Hall and Library buildings a reality. Under provisions of the
Tiburon Zoning Ordinance, this project would require a review by and
recommendation from the Parks & Open Space Commission and issuance of a
conditional use permit from the Planning Commission. The Tiburon Town Council
is adopting this ordinance for the purpose of establishing more streamlined
planning procedures for approval of this major public investment, and providing
for direct Town Council review and approval of the project. This ordinance
exempts the Zelinsky ParkJRailroad Marsh Floodplain project from provisions of
the Tiburon Zoning Ordinance while establishing review procedures for the
project The purpose of the ordinance is to streamline the review process in order
to reduce public costs of the project while preserving the public input process by
making the Town Council the sole decision-making body for the project.
SECTION :2
EXEMPTION FROM ZONING ORDINANCE
The Zelinsky Park/Railroad Marsh Floodplain project proposed for Town-
owned property located behind 1501 and 1505 Tiburon Boulevard (Assessor
Parcels 58-171-62 and 85) shall be exempt from all provisions of the Tiburon
Zoning Ordinance, Tiburon Municipal Code Chapter 16.
Town of Tihl/l'OlI
Ordinance :Vo.
EIfeellve ~_~_._.
1
EXHIBIT NO.
f
SECTION 3.
REVIEW PROCEDURES ESTABLISHED
Plans for the Zelinsky Park/Railroad Marsh Floodplain project shall be
reviewed pursuant to the following procedures:
(A) The Town Council shall hold one or more public meetings to
review and approve conceptual drawings for the project, and shall hold one or
more public meetings to review and approve final working drawings for the
project.
(B) The project is subject to the California Environmental Quality Act,
Public Resources Code 21 000, et seq., ("CEQA") and the necessary environmental
review shall be conducted at the appropriate states of the project as required by
sate law.
(C) At any time during the process, the Town Council may, as it deems
appropriate, refer the project to the Marsh/Floodplain Improvement Committee,
Planning Commission, Design Review Board, or any other Council-appointed
Board or Committee for that group's input or analysis. Such referrals shall be
advisory and not binding on the Council.
(D) Prior to any work on the site, the Town's Building Official shall
issue a grading or building permit for the project as necessary.
(E)
The project shall be exempt from all Town fees.
SECTION 4.
SEVERABILITY
lfany section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of the court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable
and shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance,
any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases may be declared invalid
or unconstitutional.
SECTION 5.
EFFECTIVE DATE
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 a copy of the
ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon.
Town of Tihurvn
Ordinance 1'-./0.
Effective
2
This Ordinance was introduced at a regular meeting of the Town Council held on
and was adopted at a regular meeting of the Town Council of the Town
of Tiburon on , by the following vote:
AYES
NOES
ABSENT
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMEMBERS
MOGENS BACH, MAYOR
TOWN OF TIBURON
ATTEST
DIANE L CRANE, TOWN CLERK
Zelinsky park exempt ord.doc
TOH'l/ of Tihuron
Ordinance Vo.
Effective
3
TOWN OF TIBURON
STAFF REPORT
ITEM NO.
/.2
To: TOWN COUNCIL
From: TOWN MANAGER
Subject: DOWNTOWN FERRY DOCK REALIGNMENT PROJECT
Date: October 20, 1999
BACKGROUND
In 1993, the Town submitted a grant application to MTC for funding to replace and realign
the existing ferry dock located behind Guaymas Restaurant. This dock facility is privately-owned,
and leased exclusively by the Blue & Gold Fleet, for their Tiburon - San Francisco ferry service
from the property owners, Ed & Laleh Zelinsky.
In 1995, after receiving approval for a grant of$710,000 from the California Transportation
Commission to replace the existing dock, the Town subsequently withdrew its application due in
part from the objections by Pt. Tiburon condominium homeowners, and the size and siting of the
new proposed ferry dock.
In 1996, the Town Council voted to reinstate the grant and directed former Town Engineer
Barmand to pursue a new ferry dock design, and authorized him to apply for a $35,000 advance
from the grant monies for engineering and design purposes.
In 1999, the Town's Deputy Town Engineer John Huginin assumed the lead role regarding the
Ferry Dock replacement project and developed a preliminary timeline for completion in order to
satisfy the terms of the grant. May, 2000 is the grant's target date for completion, which would
be extremely difficult to achieve at this late date.
In addition to the project design, certain entitlements and permits must be secured from
BCDC, the Army Corps of Engineers, and the Regional Water Quality Control Board. The
project is also subject to provisions of CEQA
The most important factor, however, is that the Town cannot secure the grant or proceed with
the project without the approval of the property owners (Zelinskys). Recent meetings with Mr.
Zelinsky, members of the Town Council and Staff reflect little interest by the Zelinskys because
there is no apparent benefit to be gained by either the local business community or themselves.
In May, 1999, an informal workshop was held with Town officials, the business community,
representatives from the Blue & Gold, Red & White, and Angel Island ferry services, and Pt.
Tiburon residents. At that time, Blue & Gold Fleet offered to install at their cost a new float and
variable height ramp which would eliminate the need for the larger replacement dock, and yet
offer ADA compliance within a more compact footprint.
This matter comes on now for Council to provide specific direction to Town Staff and to
consider the following possible options:
I. Continue to meet with Mr. Zelinsky and pursue the grant application from the MTC;
2. Abandon the proposed grant funding and work with Blue & Gold Fleet regarding their
proposed installation of a new float and variable height ramp (VHR); *
3. Approach MTC regarding other possible uses of grant funds to improve and enhance the
Town's downtown public transit services, including ferry facilities. (See Exhibit #7 -
Extended Walkway)
* If this is the desired option, Blue & Gold Fleet indicates that it would be preferable to
install the new float and variable height ramp this winter and installation will require 5-6 months.
RECOMMENDATION
That the Town Council begin a discussion of the above options at this meeting, and continue
the matter to the November 17 regular meeting. The would enable the following:
. A full Council to be in attendance;
. The new Tiburon Council will have been seated;
. Provide sufficient time for Councilmembers to visit Pier 41 and observe the Blue & Gold
Fleet's present float and variable height ramp that is already installed.
R.L. Kleinert
EXHIBITS
I. 1996 Memo from Town Engineer Barmand to Town Council (Revised Float)
2. June 1999 Memo from Planning Director to Town Manager - (Grant Funds)
3. June 1999 Letter from Blue & Gold Fleet to Town Manager - (VHR at Pier 41)
4. August 1999 Letter from Blue & Gold Fleet to Town Manager - (VHR design)
5. August 1999 Memo from Town Engineer to Town Manager - (Blue & Gold's VHR)
6. May 1999 Photo of Blue & Gold Proposed VHR - (Pier 41 - SF)
7. October 1999 - Sketch 1 & 2 for Extended Thompson Walkway behind Guaymas
..--.....AlJG 26 '37 08: 2SAM PURCHASI~IG
P.l/5
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TOWN COUNCIL
TOWN ENGINEER
MEETING DATE: OCT. 2,1996
FROM:
SUBJECT:
5
PROPOSED NFW MUNICIPAL FERRY DOCK
.----_.....__._-----_._-------------._--_.~----------------~--------_.._--------------
BACKGROUND:
The issue under discussion is whctll.c:r wt:::i~ ar:: ether design parameters
and/or allernath'e alignments of the proposed ferry dock that could. mi:!:mize
the impact on Point Tiburon Home Owners Association.
ANALYSIS:
A further study of the proposed new ferry dock has been performed.
the key variable, considered arc: The view impact on Point Tiburon
T\Jc ADA requirements; The minimum bar~c size necessary for ferry
Icql,.;irerr.ents; The easeceOll and properlY cncroacllment ria:hts.
Among
residenUi;
docki~g
Sub.~eqltent to rceciving inp'H from representatives from Slue and Gold Deet,
the Town's ADA cons'lltant, and taking into acceunt the technical constraints,
the following conclusions have bcen arrived at:
1. The minimum barge size required nlay be 30' x 100'.
2. If we follow the 1995 proposed alignment with the reduecd barge sIze and
closer barge ~Jacement to the shOre, there Will be substantial rcdltction in the
view impaet on Point Tiburon residents ( see aHernate "J" in the attached
exhibi~s). This however will still put the new dock sltbstantially on Town
owned propcrty with a small encroachment on the Zelinsky/Abrams parceJ
which will rcquire an easement of approximately 30 f'~et wide.
3. The new dock's point of access' to the existing boardwalk may be relocated to
a point eft of the lower walkway and closer to TUlto More' restaurant ( see
al~ernate "2"). This heJpS the ADA ramp requirements and further minimizes
the view impact on Point Tibmon resldcllts, . It would also result in the reraDval
oi the existir,g trestle and walkway facilities which are at a high elevation. If
tl'.e alignment rcmains parallel to the Angel Island i~rry dock, most of thc new
dock will have to be on Zelinsky/Abrams parcel willi a 15 to 20 fect of
encroachment onto the Town owned bay front property.
4. Alternate "3" snows all of the new dock contained within Zelin1ki/Abrams
parcel with no encroachment onto the bay front property. .The dock will be
aligned so that there will be a minimum of 60' clearance from Angcl Island
ferry docl<. This alternative will have ilie \(,.st view impact on Point Tiburon
tesideats.
EXHIBITNO.L
'-'---~~.' '''-A(X;26' '97-"-08;26~ ~iN:;,
P.2/5
:"
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RECOMMENDATION:
It is recommended thaI the Council conduct a publiC hearin!: and rec~i ve
les:imonl' from all int~rcsted parties. Should the Council wistl to pursuc the
above alternatives, staff should be directed to continue the ~alysis, work with
the affected parties. and prepare a S\lbsequeIlt report for' presentation 10 thc
COl1neil.
. !
,
f'UG 26 '97
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MEMORANDUM
TO:
ROBERT KLEINERT, TOWN MANAGER ~ 1___
SCOTT ANDERSON, PLANNING DIRECTOR ~
FROM:
SUBJECT:
BLUE AND GOLD FERRY DOCK REALIGNMENT PROJECT
DATE:
JUNE 28, 1999
You have requested a brief update on the above-referenced
project.
. The Town has neither received nor expended any of the grant
money from the Metropolitan Transportation Commission (MTC)
for this project.
. The Town has submitted an application to Caltrans (which
administers the funding on behalf of MTC) for approximately
$35,000 for initial design work. The application is still
incomplete pending receipt of a signed agreement from Ed
Zelinsky that would grant the Town an easement over his
property to access the realigned ferry dock. It does not
appear to me that such an agreement would be signed by Mr.
Zelinsky based upon his recent statements concerning Blue &
Gold Fleet's own accessibility improvement plans. Please see
the attached memorandum from John Hugunin dated June 28, 1999
for additional information on the project.
. It was my understanding that the total grant funds ($710,000)
would need to be encumbered by June 30, 2000. This would
generally mean that a project had been approved, the contract
signed, and construction already underway.
Please call if you have further questions.
EXIDBIT NO. ~
1
TE_ flo.
Ja~ 14,Cl 2:37 NO.006 P:Ol
TOWN OF TlBURON
~"''''''''.'
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:jOS rnsURON BOULEV"RD . TIBU~ON . CAUr:ORNIA 1l.9Z0 . (4") sa].9~OO
PAX eCIS) .',\-1;6)
Of/I'ICE OF THE TOWN 8NGIN~t::R
Irvin, L Stl\\tol'll
MEMO
June 28, 1999
TO:
Robert Kleinert
Town Manager
John Hugunin ~ r).
O"puty Town ~ineer
REC~',
C;;J V~D
JUN 2 8 1999
PLANM1VG 0
T " vFP'R
'0:''11/ OF :.. TMENT
l'bURO,^J
FROM:
SUBJECT: Ferry Dock Realignment Project
Job No. 6940-E-9904
., ... ,... _.01..... "......I...,.,'*'....L..."..~""..........4f......_..,'.....''''....,_.,....__._""'.<1'..........-".",. _.' ,.\ ...." ,. .."...... . "'.. '. ..,"," " . .' "'-..' ,_ ",,,_
This morning I received a call from Lisa Carboni and Wade Greene (Caltrans) asking what the
status of the Ferry Dock grant allocation request was. Specifically, Lisa was awaiting the
executed easement across the Zelinski property in order to process the grant application. I
brought them up to date with the details of the recent community meeting, the resistance put folth
by the Point Tiburon residents and the Blue and Gold proposal for what they believe is an ADA-
compliant dock. I also asked ifthere was a possibility these funds could be used tor other
projects associated with the Ferry Dock, such as pedestrian or bicycle-relatcd improvements.
Lisa and Wade informed !ne that the California Transportation Commission (eTC) is the
ultimate determinant of whether the current project could be amended; Caltrans is involved
primarily with administering the grant. They suggested I contact CTC directly regarding the
merits of an amended project, and gave me the names and numbers of staff members to contact.
They also informed me thaI any timing issues, i.e. deadlines for use of the funding, should be
referred to the CTC.
At this point, [ would like to know if Town staff would like 10 pursue the grant further. or would
prcfer to relinquish the request for grant funding at this time. [would be happy to discuss this
matter at your convenience.
~c: Scott Anderson, Plannini: Director
CORRE.~.O,JOB
6940Mtmo-Fl>H.do(
06/29/99
TliE 11: 21 FAX
.~Lt:E 8< GOLD FLEET
llloo2
Blue
\GoJ~ ~
"-" ~-
Mr. Robert L. Kleinert
City MWlager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, C A 94920
JW1e 28. 1999
Dear Mr. Kleinert,
Thallk you for hosting the town workshop to discuss the future improvements to the downtown
ferry dock. It was interesting to hear from the citi~ns, business representatives, staff. mayor and
council member.
As Blue & Gold proposed at the workshop, we are willing to move forward and retrofit the
existing dock to become ADA compliant. We offer to design and install a modified version of a
vari..ble beight boarding platform, similar to the one in operation here at Pier 41. Of course we
would prescnt a preliminary design plan to your engineering staff for comment and review. The
concept works well at Pier 41 and has the support of Richard Sckaff, ADA consultant who was
also at the town worksbop. With Ihis design. there would be no need to enlarge the dock footprint
or make major changes to your waterfront area. We will also instruct our designer to minimize
the profile to the platfol"Tl's supporting beams.
Blue & Gold is ready to commence this work if the Town of Tiburon so desires. We do not wish
to make these expensive improvements for the existing dock as a temporary situation. Please let
us know what decisions are made regard ing the state Proposition 116 grant for a new dock.
As always, it is a pleasure to .erYe the citizens of Tiburon in providing ferry service to San
Francisco We look forward to hearing from you on this matter. Please call if you have any
questions.
i12~
PreSident
PIfR n iUWU ffn!MAL
UN nU(1SCO (A ,~l)3 . !415\1115.8tl.lO . FAX (4)51 70S.S4H
EXHIBIT NO. 3
Blue
~~~J~;
RECEIVED
AUG 1 1 1999
Mr. Robert 1. Kleinert
Town Manager
1505 Tiburon Boulevard
Tiburon, CA 94920
TOWN MANAQ~RS OFFICE
fQWN Qf fl~~RQN
August 8, 1999
Dear Bob,
Here is a copy of the preliminary design for the variable height ramp (VHR) that Blue & Gold
built and installed at our docks at Pier 41 in San Francisco. We propose to adapt this concept for
our float in Tiburon. Our VHR at Pier 41 has been operational for fourteen months and we are
very happy with its performance. This VHR design offers ADA compliance within a compact
footprint.
As Ron mentioned, once a decision is made to approve this float adaptation, Blue & Gold would
establish an escrow account for the project funding and immediately commence with the design
process. We anticipate design approval and installation to take approximately six months.
Please keep us informed about the Town Council's deliberations. We are anxious to work with
you to achieve the desired waterfront improvements in a timely and cost efficient manner.
Very truly yours,
~ 'Ii' I~
Sandra "Pip" Elles '-P
VP of Contract Services
cc: Ron Duckhom
Carolyn Horgan
Jim Adams
Richard Sckaff
EXHIBIT NO.-f
PIER 41 M.ARINE TERMINAL. SAN FRAN(ISCO, (A 94133 . (4151705-8200 . FAX (415) 705.5429
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TOWN OF TIBURON
. OF T'~0 ~
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1.505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 883.9200
FAX (415) 883-2763
OFFICE OF THE TOWN ENGINEER
Irving L. Schwartz
MEMO
August 27, 1999
TO:
Robert Kleinert
Town Manager
FROM:
JOh!l Hugunin
Deputy Town Engineer
~ )1
SUBJECT: Ferry Dock Realignment Project
Job No. 6940-E-9904
Weare in receipt of Blue and Gold Fleet's memo dated August 8, 1999 including shop drawings
for a float and variable height ramp, a similar version of which they are proposing to install as
replacement of the existing ferry dock. As part of the design development process, we will need
to review the following before we can provide any meaningful comments on the design:
I. An engineered site plan. to scale, showing how the proposed barge layout will fit with the
existing site. All existing and proposed features should be identified. Included should be
preliminary working elevations and details, also to scale, of the ramp/lift assembly so that
ADA accessibility issues can be adequately reviewed.
2. A construction sequence and staging plan, including detailed time windows for installation of
the new float/ramp and removal of the old dock. IdentifY impacts to the current ferry
schedule.
3. A detailed operational and mechanical description of the "lift" portion of the variable height
ramp. IdentifY the proposed power source feeding all electromechanical systems, as well as a
backup system.
4. A detailed inspection and maintenance plan for the new float/ramp.
As this scheme is currently in the conceptual phase, we suggest Blue & Gold's staff keep in close
contact with Town staff during the design development process so that any technical and
environmental concerns can be addressed at an early stage. In light of the grant allocation
"sunset" and in order that the Town may keep all options for other alternatives open, we request
that Blue and Gold Fleet provide the above information on or before October 8, 1999.
On a related note, we are also recommending the Town retain a consultant to perform ADA
design review services as the design progresses. Please let us know if you concur, and if so who
you would like to work with us on this matter.
cc: Scott Anderson, Planning Director
CORRESPO.JOB
6940Memo-FDOS.doc
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TIBURON TOWN COUNCIL
STAFF REPORT
Meeting:
To:
From:
Subject:
October 20, 1999
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
FISCAL YEAR 1999-2000 FINANCIAL REPORT-
1st QUARTER, AS OF SEPTEMBER 30, 1999
Item:
/3
BACKGROUND
This Staff Report provides summary narrative and [mancial information concerning the General Fund
Operating Budget, Capital Improvement Program Status, and Fund Resources of the Town for Fiscal Year
1999-2000, through the 1st Quarter (ended September 30,1999), and includes projections to year-end
closing on June 30, 2000.
SUMMARY
Staff currently projects that the General Operating Budget will be in surplus by approximately $283,200 by
fiscal year-end, this is unchanged from the adopted budget estimate. The estimated year-end General Fund
Unallocated Reserve balance will be nearly $1,766,000.
By fiscal year-end it is currently estimated that combined General Fund Reserve resources will total
approximately $2,665,000.
A total of $379,000 in Street Improvement Projects and $102,000 in Drainage Improvements are planned.
The New Police Facility/EOC Construction Project is nearing completion, and the Off-Site improvement
phase of the project is underway.
Preliminary actions have recently been adopted in connection with the Downtown Main Street ADA
Improvement Project & Assessment District.
SECTION ATTACHMENTS
I. Operating Budget
2. Capital Improvement Program
3 . Fund Resources
..~
By R Stranzl
Financial Report. Fiscal Year 1999-2000. 1st Quarter, September 30, 1999
Town COllncil.\Ieeting a/October 20, 1999
1
GENERAL FUND OPERATING BUDGET
Appropriation totals for budgeted Revenues, Expenditures, and Transfers incorporate changes that have been
approved since adoption of the budget in July 1999.
SUMMARY STATUS
As projected to fiscal year-end the operating revenues will exceed expenditures by approximately $283,000,
and the estimated Unallocated Reserve balance will be approximately $1,766,000.
Adopted YTD Projected Variance % Budget
Budget 9/30/99 6/30/2000 (unfav) YTD
4,037,300 523,500 4,037,300 0 13.0%
3,753,900 951,500 3,753,900 0 25.3%
$ 283,400 $ (428,000) $ 283,400 $ 0
Revenues
Expenditures
Operating Net:
Reallocation to reserveS
Capital Outlay
Park Development
Self Insurance
Streets & Drainage
Total Reallocations
Adjusted Net:
(100,000) (100,000) (100,000)
(75,000) (75,000) (75,000)
(50,000) (50,000) (50,000)
(125,000) (125,000) (125,000)
$ (350,000) $ (350,000) $ (350,000) $ 0 100.0%
$ (66,600) $ (778,000) $ (66,600) $ 0
1,832,800 1,832,800 1,832,800
$ 1,766,200 $ 1,054,800 $ 1,766,200
Opening Fund Balance
Closing Fund Balance
The current estimated year-end Unallocated Reserve balance of $1,766,000 does not include anticipated
repayment of $225,000 advanced to the Redevelopment Agency in 1998.
Financial Report. Fiscal Year 1999-2000, 1st Quarter, September 30, 1999
Town Council Meeting a/October 20, 1999
2
GENERAL FUND OPERATING BUDGET
Staff estimates general revenues and expenditures to be as projected in the adopted operating budget plan. By
mid-year revenue and expenditure trends will emerge and projections will modified accordingly.
OVERVIEW OF REVENUES & EXPENDITURES
Adopted Actual Estimated to Variance % Budget
Budget 9/30/99 Close (unfav) YTD
REVENUES
Property Taxes 1,343,000 20,700 1 343 000 0 1.5%
Other Taxes 995,000 97,900 995,000 0 9.8%
Franchises 266,000 0 266,000 0 0.0%
Fines & Forfeitures 150,100 22,200 150,100 0 14.8%
Investment Earnings 90,000 0 90,000 0 0.0%
Intergovenunent & Agency 425,400 111,800 425,400 0 26.3%
Licenses & Permits 535,600 165,500 535,600 0 30.9%
Charges for Service 127,800 42,600 127,800 0 33.3%
Other Revenues 104,400 62,800 104,400 0 60.2%
Total revenues: $4,037,300 $523,500 $4,037,300 $0 13.0%
EXPENDITURES
Town Attornev 170,600 25,600 170,600 0 15.0%
Town Administration 578,400 169,100 578,400 0 29.2%
Administration Building 35,000 9,300 35,000 0 26.6%
Planning 392,100 91,800 392,100 0 23.4%
Building Inspection 210,900 55,900 210,900 0 26.5%
Police 1,605,500 404,400 1,605,500 0 25.2%
Police Building 30,000 3,200 30,000 0 10.7%
PW Streets Maintenance 379,900 99,500 379,900 0 26.2%
Town Engineer 54,600 14,500 54,600 0 26.6%
Street & Signal Light System 46 700 5,200 46,700 0 11.1%
PW Parks Maintenance 194,400 62,200 194,400 0 32.0%
PW Corporation Yard 30,000 6,800 30,000 0 22.7%
Town Council 18,800 3,700 18,800 0 19.7%
Town Commissions 7,000 300 7,000 0 4.3%
Total expenditures $3,753,900 $951,500 $3,753,900 $0 25.3%
NET REVENUES less $283,400 ($428,000) $283,400 $0
EXPENDITURES
Transfers (350,000) (350,000) (350,000) 0 100.0%
Fund Balance, Julv I 1,832,800 1,832,800 1,832,800
Fund Balance, June 30 $1 766200 $1,054800 $1 766200
Financial Report, Fiscal Year 1999-2000, 1st Quarter, September 30.1999
Town Council Meeting a/October 20, 1999
3
GENERAL FUND OPERATING BUDGET
GENERAL REVENUES
SUMMAR Y STATUS
Year-to-date revenues are $523,500, or 13% of budget. Total fiscal year
revenues are projected to be $4,037,300, as planned.
Property Taxes:
Projected as budgeted. (The 1st installment of Property Taxes will be
received in December (55% of the tax roll, approximately $650,000)).
Other Taxes:
Projected as budgeted. I st quarter Sales Taxes are up 4% over the same
period a year ago.) Real Estate Transfer Tax proceeds are also ahead of
budget, and reflect sales activity 2 months prior. Transient Occupancy Tax
proceeds are received quarterly.
Franchise Fees:
Projected as budgeted. Refuse and Cable revenues are received quarterly,
PG&E is received once annually in ApriL
Fines & Forfeitures:
Projected as budgeted
Interest Earnings:
Projected as budgeted. Received quarterly.
Other Agency Revenue:
Projected as budgeted.
Licenses & Permits:
Projected as budgeted, however, Building Permit activity has been strong
during the I st quarter and related revenues are ahead of budget. This is
offset as regular Business License revenues are realized during the renewals
period later in the year.
Charges for Service:
Although projected as budgeted, revenues related to building activity are
ahead of budget.
Other Revenue:
Projected to be as budgeted. Most planned items have been received.
Financial Report, Fiscal Year 1999-2000. 1st Quarter, September 30, 1999
Town Council Meeting of October 20, 1999
4
GENERAL FUND OPERATING BUDGET
GENERAL FUND EXPENDITURES
SUMMARY STATUS Year-to-date expenditures are $951,500 or 25% of budget. Total fiscal year
expenditures are projected to be $3,753,900, as planned.
Town Attomcy: Projected as budgeted. Current legal services expenses are less than budget.
Town Administration: Projected as budgeted.
Administration Building: Projected as budgeted.
Risk Management: Projected as budgeted. All costs recharged to Departments. Liability and
property Insurance fully paid, two workers' compensation premiums paid.
Planning: Projected as budgeted.
Building Inspection: Projected as budgeted..
Police Department: Projected as budgeted. There may be salary savings associated with the
vacant Sergeant position, this would be partially offset by overtime costs.
Police Building Projected as budgeted.
PW Streets Maintenance: Projected as budgeted.
Street & Signal Light System: Projected as budgeted.
PW Parks Maintenance: Projected as budgeted.
PW Corporation Yard: Projected as budgeted.
Town Engineer: Projected as budgeted.
Town Council: Projected as budgeted.
Town Commissions: Projected as budgeted.
Financial Report. Fiscal Year 1999-2000. 1st Quarter. September 30. 1999
Town Council Meeting a/Ocrober 20, 1999
5
GENERAL FUND OPERATING BUDGET
OTHER FINANONG SOURCES (USES):
I. In August 1999, Town Council approved the reallocation of$350,000 from the General Fund
Unallocated Reserve to certain Designated Reserves of the General Fund:
Capital Outlay Reserve
Park Development Reserve
SelfInsurance Reserve
Streets & Drainage Reserve
$ 100,000
75,000
50,000
125,000
Total Reallocations:
$ 350,000
2. A total of$225,000 is owed by the Redevelopment Agency (RDA) to the General Fund Unallocated
Reserve (as advanced from the General Fund to the RDA for the Ned's Way Senior Housing
Project) These Funds will be repaid when the site is sold to the project developer.
Financial Report, Fiscal Year 1999-2000, 1st Quarter, September 30,1999
Town Council Meeting a/October 20.1999
6
CAPITAL IMPROVEMENT PROGRAM
This section presents swnmary information conceming the status of the Town's Capital Improvement
Program plan.
STREET IMPROVEMENTS:
A total of$379,000 allocated for planned street improvements in FY2000. These improvements will funded
with a State STIP Grant award and Town Streets & Drainage Reserve funds. In December 1998, The Marin
County Congestion Management Agency indicated that the Town will receive State Transportation Funding
(STIP) in the amount of$245,000 for roadway rehabilitation and overlays for streets recommended by the
Town Engineer. STIP-funded projects will be undertaken in FY 1999-2000.
The planned projects are tentatively scheduled for completion in Spring 2000.
DRAINAGE IMPROVEMENTS:
A total of $1 02,000 in drainage improvements is planned for FY2000. The Greenwood Beach Road
Easement Project - which requires Town, FCZ4 and homeowner funding is pending.
COMMUNITY DEVELOPMENT IMPROVEMENTS:
A total of $1 ,342, I 00 in community development projects are planned. The projects are to be funded with a
combination of Town Reserve and Restricted Project Funds, and grant funds.
The New Police Facility/EOC Project construction phase is nearly complete, and the Off-Site improvement
phase in progress. In October the Town will undertake major maintenance and clearing of reeds in the Point
Tiburon Railroad Marsh. The Town plans important maintenance and improvement in the parkland area
along the Richardson Bay Lineal Multi-Use Path Lineal Path. The Public Works Department is overseeing
replacement of the Shoreline Park Lighting System, and plans to complete this project by December 1999.
The proposed grant-funded Downtown Ferry Dock Realigmnent Project is in the planning phase. The Town
plans to install ADA curb cuts in the Avenida Miraflores-Hilary Drive school area.
REDEVELOPMENT IMPROVEMENTS:
Final implementation of the Ned's Way Senior Housing Project will result in the sale of the site to the
developer, at which time advances from the General Fund and Low/Moderate Housing Fund will be repaid.
Financial Report, Fiscal Year 1999-2000, 1st Quarter, September 30, 1999
Town Council Meeting a/October 20, J 999
7
CAPITAL IMPROVEMENT PROGRAM
STREET & SIDEWALK IMPROVEMENTS
! Project Funding Source Budget YTD Estimated
I 9-30-1999 6-30-2000
! . State S TIP Grant
! 245,000
Streets Drainage Resv 134,000
I Centro East (Paradise/Solano) STIP Grant 30,000 0 30,000
2 Comstock Drive STIP Grant 33,000 0 33,000
3 Greenwood Beach Road 40,000 0 40,000
4 Irving Court STIP Grant 15,000 0 15,000
5 Jefferson Drive STIP Grant 30,000 0 30,000
6 Silverado Drive STIP Grant 47,000 0 47,000
7 I Solano Street STIP Grant 18,000 0 18,000
: Virginia Drive ~._~-_.-
8 STIP Grant I 23,000 0 23,000
9 i Vistazo West STIP Grant 63,000 0 63,000
10 i Washington Court STIP Grant 15,000 0 15,000
II i Sidewalk-Mar West/TPC 30,000 0 30,000
,12 i Provision-miscellaneous repair 10,000 2,400 10,000
13 Engineering-allocated Cost 25,000 0 25,000
LJ TOTALS:
$379,000 I
$2,400 I
$379,000 I
DRAINAGE IMPROVEMENTS
, -....-
i I Project Funding Source Budget YTD Estimated
I
9-30-1999 6-30-2000
I Greenwood Beach Road Homeowners, $56,000 92,000 0 92,000
Easement FCZ4, $10,000
Streets & Drainage
i Resv, $26,000
,
6 ! Provision-miscellaneous repair I ,'-
J Streets-Dramage Resv 10,000 1,000 10,000
CL!()} ALS
:=J
$102,000 I
$1,000 I
$102,000 I
Financial Report. Fiscal Year 1999-2000. 1st Quarter. September 30, 1999
Town Councillvfeeling a/October 20, /999
8
CAPITAL IMPROVEMENT PROGRAM
. Project Funding Source Budget YTD Estimated
3-31-99 1999 Final
I Richardson Bay Lineal Multi- Park Development 25,200 0 25,200
Use Path - park repairs, Reserve
improvements
i 2 Ferry Dock Realignment - State CTC Grant 710,000 0 710,000
I Engineering ($35K) (7IOK)
Project Construction ($675K)
3 Shore ling Park LightiSystem - Capital Outlay Reserve 3,900 10,400 10,400
replacement of fixtures , I
14 ADA Curb Cuts - Avenida Property Development 4,000 0 4,000
MirafloreslHilary Drive Fund
5 Marsh Maintenance - Marsh Maintenance 25,000 0 25,000
windowing, clearing Fund
6 Downtown Main Street ADA - Main Street ADA 25,000 9,600 25,000
assessment district engineering, Project Fund
planning
7 New PolicelEOC Facility NPF Resv ($33IK) 539,000 172,300 539,000
, OES Grant ($84K)
,
! Tiburon Blvd ($124K)
N:UbIiC Works Corp Yard- Property Development 10,000 1,500 10,000
Gate System Fund
COMMUNITY DEVELOPMENT PROJECfS
i TOTALS
] $1,342,100 I
Financial Report, Fiscal Year 1999-2000, 1st Quarter, September 30, 1999
Town Council Meeting a/October 20, 1999
$193,800 I $1,348,600 I
9
FUND RESOURCES
GENERAL FUND RESERVES:
It is currently estimated that the June 30, 2000 balance for all Reserves of the General Fund will be
$898,000, and the estimated General Fund Unallocated Reserve balance will be $1,766,000. Combined
General Fund reserve resources will be approximately $2,665,000.
OTHER RESTRICfED CAPITAL IMPROVEMENT FUNDS:
Beginning in July 1999, the Town started receiving impact fees into its Tiburon Street Impact Fund. Year-to-
date revenue is about $65,000. Staff projects total fiscal year revenue to be $ I 79,000.
Current resources of other projects funds on September 30th include:
Gas Tax Fund, $20,000
Flood Plain Restoration Fund, $49,000
Housing In-Lieu Fund, $94,000
Marsh Restoration Fund, $ 118,000
Open Space Acquisition Fund, $103,000.
Tiburon Traffic Circulation System Fund, $40,000
REDEVELOPMENT AGENCY FUNDS:
The Housing Set-Aside Fund has estimated current available resources of$180,000, however as the Ned's
Way Senior Housing Project progresses figures will be revised.
Financial Repart, Fiscal Year 1999-2000, 1st Quarter, September 30, 1999
Town Cauncil Meeting of October 20. 1999
10
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O'TEOF.V.N-(!oi2~~ T1..""~.""~l 12"',">1.'" ",oOf,M. -
TYPE OF EVENT: f.NNUAL- f!ItUfJWGE-ti It! PfI(<.llCt; ~a!"if/)f-fF. ~r;r TC ~rr
MItRiN tfl/'f.1AfV~ ?OCfnY.
Number of People anticipated: :2..t?O
LOCATION: ,411./ :ii'P-~I, Ii:flJ '/4f?/t'OF5 <8' 0 /IJ $1". (, f"0 <JAWS)
U IltJUf3 I-<J/A/ tJ ()otJ()e/ TI/3URO/IJ 8/'1/0, f(t5n; ,I.,) ro
10 HA:N ST,
NAME & ADDRESS OF INDIVIDUAL.
OR SPONSORING ORGANIZATION:
CCNPCT t--IMDA 'vION<?
Home Phone: 4-1r;'~7t1-8~'eb Work Phone:
Fax Number: .fit; ( 4?t;. ~'4g-....
F:"'t<- P,+ WS /}1/'r;(II,) HvH;..;./G <3O,-Ie.i'(
'f/'7 ,~?>C;, Qr;-:z.2--
Please describe YOUR PLAN for the following: (Attach .eparale 3h~ets if necessary)
PARKING: ~e;...cH~OlfJ$ PE;4c_df Ro. P./TRK./I''/@ {.O( <f fJA11.J ST, urr.
Street Blockag.,or Clo~ur.: $TOp 7}?A>=F1U 0 8f:AVH RCY+Q f 77/:JMON
2:LvD, R:I-- 0/4<1<77'''"' :"'F Pf1IAfJE, 8/!-//vl/tte.. 70 i..A<!ir'fffl,o( '1 13{;Fo(eE.
1rg~~~;~~tiEEEg,~~~'~ Qf!':~aJZ-~ flWS
FIRST AID:
lOt 0 you anticipate using sound amplification equipment?
so, please describe: lJo
..----,,-.--.
Your Permij will be approved ~ atlllr rec.i t f ,~--- - / 10 ~ !..(..O yV
ceen added as an additional nam.d insured;O 0 o~~Tumentabon sllowing that the Town at Tiburon has
an endo"",,ment A certlncate showing only thar o'u.~surane. policy for lh.. event This normally requires
Insurance can be purchased threugh tn. Jt Rec;eebo~v; In'urance Is not sufficient. Special Event
8p8rtment at 435-4355 (ask for Dana ,hor)
For other qu....ti rta . .
can f ons ce In,ng to th,. permit contact Tib
ax or mail your completed form to Tow~ Hail at 43~:~3 Town Clerk Diane Crene at 435-7371. Vcu
D," 4"_1' ~ j~~"~:"';iJ ".., ,0'
l/ I nt
APPROVED Bv "
Ch,.f of Police
Dale
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Data
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Planc,ing Dlfector
Town Manager
RECEIVED
SEP 1 7 1999
Date
TOWN MANAGERS OFFICE
TOWN CF Tl5URON
ORIGINAL
8S!17il'399 13:59
415:359'3HJl
-:;A T"JI~ A,'-~D BJ!'JES I!
~AGE 01
TOWN OF TlBURON
SPEClALEVENTPERMIT
DATE OF EVENT: IO/z"t ICj:l T1ME:(Slarttofini$h) I~:+Z? p.~. 1l) 2 ;OOf'.IVI.
TYPE OF EVENT: fc.rJt.JUAL.. HALlOWGfi.tv' {ti P/lf<,A():j ~ct)711JMF- C()fJre-<;r TO ~rr
MARIN tf()I1I'.fJ~ '7OCfny.
Number of People anticipated: :2..&:?O
1..0CAT10N: :;/+IiJ :;rP-rr. :a:/IJ 1?+~I<-(Je: e/ '10 M,A/rJ sr. (, FOt< [JAWs)
"CNl/~()e _ /..0 we _f.</>>ltJ . _I!.!oiIf{Ou;.JO!9.-/ TI8U!?ON 8/'VO. g677i~(Jro
10 H,AI!J s,. J
NAME & ADORESS OF INDIVIDUAL I
OR SPONSORING ORGANIZATION: Fcf.. Pt+ WS / }1/l-/i'.I/,) HI/H;.N'G "3O,-Ie.1y'
Cf}!J1l+CT {.-,I/OA' WON';'
Home Phone: 4-/1;' rfrTJ;- 8(,;;8'~ Work Phone: '11'7,.+?Ji; I QC;-:2..2.-
Fax Number: ./-it; ( 'i~' p':'4g ""l--
Please de~CI'lbe ";'OUR PLAN for the following: (Attach $epamle $heels ifnecssslIl))
PARKING. f,e:-CHl-{.e'NOIIJG !3:e:;4off Re. PA-~KJN@ f..OT <i HAf/.J sr. UlT.
Street Blockag.,or Closure: SToP TT<AFFIC/ 0 15e11VH ROAD i 17P.>vf'?,OIoJ
Ex-vD. fi:.f,. OI)f<I<-17CN {,oP PA/!.AtJe., 611w1/1..I11tf(. 70 ~'{ml?. <i {3tiFo(eE.
~~w~~ R~o~~~!e~JrTOWNOfTI~~~
~~~_ -=-*~~ir:'~'N.Zf flWS
FIRST AlO:
IOf 0 you I anticipate using sound amplification equipmant?
so, II ease llucrtl:la: No
..-----" "-'--.
Your P.rm~ will be apprOlllld ~. I,;----~ /10 ftll.-l..OW
been added as an additional n"m~tt~s~~:'~ 01 ll~cumant"tion shoWIng that the Town 01 Tibton has
an ando_man!. A certlficate showin 0 you. Insurance !)Olley for thia .ven!. This normal .
Insurance can be purchased lhrough ~a '1l ~:;:a~~~v; tnaurance Is not sufliean!. Special Ev~~~GUlres
F apartment lit 43~355 (ask for Dana Thor)
c~r othar questions pertainIng to this permit contact Ti .
n fax or mail your completed form to Tow'n Hall at 4:~3~o~; Clark Dlllne Crana at 435.737'1'.. Ycu
Date: 4/;" 19 '1 ~. 05 Tiburon BI\/d 94920. Thank vou.
~1~~~
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TOWN OF TIBURON /.....,. 6.
EVENT PERi\-'IIT
r<>/'v1
7J~-~
TYPE OF EVENT:
Number of Peopl
LOCATION:
-'
NAME & ADDRESS OF INDIVIDUAL
OR SPO 0 G 0 GANIZA TIOI'1:
V .;6F. If.,
Home Phone:
Fax Number:
Please describe YOUR PLAN
PARKING:
Street Blockage or Closure:
CLEA~&~~P'-
FIRST AID:
Do you anticip te using sound amplification equipment?
If so, please describe:
Your Permit will be approved onlv after receipt of documentation showing that the Town of Tiburon has
been added as an additional named insured to your insurance policy for this event. This normally requires
an endorsement. A certificate showing only that you have insurance is not sufficient. Special Event
Insurance can be purchased through the Jt. Recreation Department at 435-4355 (ask for Dana Thor).
For other questions pertaining to this permit, contact Tiburon Town Clerk Diane c~rane at 435-7371'. You
can fax or mail your completed form to Town Hall at 435-2438, 1 5 Tiburo . 4920. a ou.
Date 1-.2. 1- -1 i t
A Iicant
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Kosovo Sleep Safe Project
"An Opportunity to Connect Hearts"
-1Pt
415-458-8200
888-816-5050 U.SA.
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? 88 '7BYJ-
www.kosovosleepsafe.com
kosovosleepsafe@hotmail.com
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