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Home My WebLink AboutTC Digest 2007-12-14 TOWN COUNCIL WEEKLY DIGEST Week. of · December 10--14,..2007 Tiburon 1. Letter - Belvedere/Hawthome Nursery School- Kitchen Tour - 2/5/08 2. Monthly Report - Office of Design Review ~ November 2007 3. Yearly Recap - Design Review Submittals - November 2007 Agendas & Minutes 4. Minutes - Planning Commission - 11/14/07 5. Action Minutes - Planning Commission - 12/12/07 6. Agenda - BelvederefTiburon Library Agency - 12/10/07 7. Agenda - Design Review Board - 12/20/07 8. Meeting Cancellation - Planning Commission - 12/26/07 9. Meeting Cancellation - Design Review Board - January 3,2008 Regional a) Discover Your Outdoors - Newsletter - Marin POSC - Winter 2007/2008 * b) Marin Profile - Marin Economic Commission - November 2007 * c) Letter - Q-Star Technology - Vandalism Deterrent System * d) Letter - Calif. Farm Bureau Federation - Seizure of Private Property * e) Bay Area Monitor - Newsletter League of Women Voters * f) Letter' from Marin General- Second Nurses' Strike g) City Council Reorganization - Mill Valley h) City Council Reorganization - Larkspur i) Letter from Marin Community Develop. - Updated Countywide Plan Agendas & Minutes j) .Agenda - Marin Lafco - 12/13/07 * Council Only DIGEST / _.r\borne Nil ...1.~ ~ J-~ i'''' ~ ~~ .P ~ ~ x$ ~ ~ ~ RECEIVED DEe 1 3 Z007 Vqlentine KITCH EN TOUR TOWN MANAGERS OFFICE TOWN OF TIBURON Margaret Curran, Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 December 10,2007 Dear Peggy: This year the 30th Annual Valentine Kitchen Tour for Belvedere-Hawthorne Nursery School will be held on Tuesday, February 5, 2008. Listed below are the addresses of the featured Tiburon homes (please keep confidential, per the homeowners' request): 51 Gilmartin, Tiburon 189 Gilmartin, Tiburon 155 Rock Hill Drive, Tiburon 125 Stewart Drive, Tiburon The intended roads of travel are Tiburon Blvd, Gilmartin, Rock Hill, and Stewart. Also Hacienda to Trestle Glen could be given as an optional return route to Downtown Tiburon from Stewart Drive instead of making a difficult left onto Tiburon Blvd from Stewart. Could you let us know if there is any utility work, construction permits, and/or road closures scheduled anywhere on those roads that might cause a challenge for us on the day of the Kitchen Tour? As always, residents and on-site construction companies will be notified in writing of the tour at least two weeks prior to the date of the tour to help mitigate any additional congestion or road blockage caused by large construction trucks and/or maintenance vehicles. Once we have decided the locations of the Belvedere homes, we will also forward a route map along with the location of intended signage along the route. As always, thank you and the Town of Tiburon for your consideration in this process. Should you have any questions or concerns we may be reached at (415) 248-1646 or luliemoyne@comcast.net and katels@pacbell.net. Sincerely, .~ ---- Executive Vice President, Board of Directors Belvedere-Hawthorne Nursery Schools Kate Quirk Kitchen Tour Transportation Co-Chair TOWN OF TIBURON 1.... DIGEST OFFICE OF DESIGN REVIEW MONTHL Y REPORT NOVEMBER 2007 DESIGN REVIEW BOARD APPLICATIONS: NUMBER SUBMITTED 2006 . NEW SINGLE F AMIL Y RESIDENCES . . MAJOR ADDITIONS/ AL TERA TIONS . . MINOR ADDITIONS/ AL TERA TIONS . (not eligible for Staff Review) . SIGN PERMITS . TREE PERMITS . . V ARIANCE REQUESTS . FAR EXCEPTIONS REQUESTS . EXTENSION OF TIME 2 o 1 2 2 3 o 1 1 NA* 8 5 1 1 o o STAFF REVIEW APPLICATIONS: Review of minor exterior alterations and additions of less than 500 square feet. 12 13 APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL 2 0 Madden - Appeal from Design Review Board Approval of Construction of New Single Family Dwelling Tiburon Neighborhood Coalition - Appeal from Design Review Board Approval for Construction of Additions and Renovations to an Existing Religious Facility and Day School *Figures for this item were not kept prior to 2007 REPORT PREPARED BY: Connie Cashman, Planning Secretary DATE OF REPORT: December 11,2007 DlclsT oj( N CD 1'0 0 oj( 1'0 ~ ~ N N CO <( 1.1) N 1.1) N Z ~ ~ ~ ('I') 0 ,..... L() CD L() C\I C\I C\I ('I') CD ('I') L() o oj( <( Z C"') ~ o N C"') 1.1) ~ ~ C\I C\I C\I C\I o ex> o C\I ~ C\I C\I ex> ""'" C\I L() o ~ C\I C\I CD C\I ('I') ~ o C\I ""'" C\I ""'" ""'" C\I ,..... 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Present: Vice-Chairman O'Donnell, Commissioners Collins, Fraser and Kunzweiler Absent: Chairman Aguirre Staff Present: Community Development Director Anderson, Associate Planner Tyler, Assistant Planner Phillips, and Minutes Secretary Harper ORAL COMMUNICATIONS None COMMISSION AND STAFF BRIEFING Staff Update - None Commission Information Items - None PUBLIC HEARING 1. 1550 TIBURON BOULEVARD: CONDITIONAL USE PERMIT TO OPERATE A WELLNESS CENTER; FILE #10704; Mary Loveland, Applicant; Belvedere Land Company, Owner; Assessor's Parcel No. 060-082- 57 Assistant Planner Phillips said the project proposed is for the operation of a wellness center to be located at 1550 Tiburon Boulevard, Suite C, in downtown Tiburon. The wellness center would be a new business at 1550 within the Boardwalk shopping center in an unoccupied site. It would be open 7 days a week from 8:00 a.m. to 8:00 p.m. The wellness center would contain 6 practitioner rooms with a maximum _ of 4 practitioners working at any given time. A separate meeting area, a bathroom, an associated storage and office space are proposed, but no shower or locker areas would be installed. TIBURON PLANNING COMMISSION MINUTES November 14,2007 MINUTES # 954 Page] The practitioners would be contract employees that provide services on a part-time basis depending on clientele demand. Guest lectures and demonstrations would take place within the meeting area from time to time. Although there are 6 practitioner rooms, a maximum of 4 practitioners would be working during hours of operation. The business location has a gross floor area of 1900 square feet. The previous retail store allocated 1,000 square feet of space to retail, which requires one parking space for each 250 square feet of sales area, for a total of four parking spaces. The proposed use would be similar to a medical clinic use for the purposes of calculating parking, with a requirement of one space for every 250 square feet of gross floor area, or a total of eight spaces. Therefore, the change in use would create a slight intensification of parking demand on the Boardwalk Shopping Center parking lot. Clients and employees would park in the Boardwalk Shopping Center parking lot. Since the hours of operation for the wellness center are 8AM to 8PM, 7 days a week, the proposed use would add to the net parking demand during peak hours within the parking lot as most businesses within the shopping center operate at a similar time. However, staff is aware that the Boardwalk Shopping Center has excess parking capacity beyond that required for tenants, and concludes that the total number of spaces within the parking lot is more than adequate to handle the slight increase in parking demand generated by the proposed use. Staff has reviewed the application and finds the proposed use is consistent with the General Plan and conforms to the zoning ordinance. Other similar uses have been implemented within the downtown Tiburon, and staff recommends the Commission take public testimony, close the public hearing, deliberate on the project merits and adopt the draft resolution approving the project. Commissioner Collins questioned the number of parking spaces for the entire shopping center and Assistant Planner Phillips said it was approximately 80 spaces, and as stated in the staff report the change in use requires spaces in relation to the square footage for tenant space, whereas the previous use required spaces from the retail use. Therefore, it was based on the number of spaces the public could access and not the entire square footage of the tenant space. Vice Chair O'Donnell asked ifparking would be different than in the past, and Assistant Planner Phillips noted the new use would generate a slight increase in parking demand, which staff believes the shopping center could accommodate. Mary Loveland, applicant, said she was a nurse and had 20 years' experience in the health care system, with 10 years in wellness. She felt the center would be a great asset to the community and she described the operation and programs to be offered. Commissioner Kunzweiler noted that the application states there are 6 treatment rooms, with a maximum of 4 rooms used at anyone time, and he asked the applicant to describe their staffing plan and how it may increase or change over time. Ms. Loveland said there will be 4 practitioners working typically between 20-30 hours a week and who spend TIBURON PLANNING COMMISSION MINUTES November 14, 2007 MINUTES # 954 Page 2 approximately one hour with patients. All practitioners live in town and walk or bike to work. Therefore, approximately 6 rooms would be used during an average 1-2 hour period. Commissioner Kunzweiler said since the business was open 12 hours a day he asked if, at capacity, the center would be filled with additional practitioners. The applicant said she hoped the center would operate at its capacity within 1 to 2 years; however, most practitioners only work either in the morning or afternoon/evening. Commissioner Kunzweiler felt the operation was different than a retail space based on calculations for parking and confirmed with the applicant that she was satisfied with the capacity for current and projected operations. Assistant Planner Phillips said the Boardwalk Shopping Center actually had about 150 spaces rather than the previously stated 80 spaces. The required amount of parking for the previous use was 4 spaces based on 250 square feet of sales area, whereas the proposed use would require 8 spaces, but staff concludes that there is sufficient parking in the Boardwalk Shopping Center to easily accommodate this use. Commissioner Kunzweiler noted parking was becoming a more important issue in the downtown. The applicant said they were also talking with other properties to rent additional spaces if they needed to in the future. Commissioner Fraser asked about licensing requirements for the wellness center and any extra health and safety code requirements. The applicant said all practitioners must be either certified or licensed. The business meets all health and safety code requirements for specific containment and disposal of acupuncture needles, and they do not keep any narcotic medicines on site. Commissioner Collins said there appeared to be enough parking and supported approval of the resolution. Commissioner Kunzweiler said the business was consistent with the General Plan and wished the applicant the best of luck. Commissioner Fraser and Vice Chair O'Donnell both echoed fellow Commission member comments. ACTION: M/S (Collins/Fraser) to adopt the resolution approving the project as submitted. Motion carried 4-0. 2. 10 VIA P ARAISO EAST: AMENDMENT TO THE DEL MADERA PRECISE PLAN (PD #23) TO ADJUST A BUILDING ENVELOPE; FILE #30706; Schwartz and Associates, Applicant; Robert and Amanda Anderson, Owners; Assessor's Parcel No. 039-290-56 The applicants propose adjusting the building envelope for 10 Via Paraiso East, a lot regulated by the Del Madera Precise Plan. The applicants desire to install a swimming pool and an outdoor stairway in an area outside the existing building envelope. The TIBURON PLANNING COMMISSION MINUTES November 14,2007 MINUTES # 954 Page 3 property is currently developed with a single-family dwelling and is bordered by open space to the north, east, and west and on the south by a vacant lot in the Del Madera Subdivision. The applicants propose to expand the building envelope on the northern side, by decreasing the size of the setback from the required minimum twenty feet (20') to eight feet (8'), to allow construction of the proposed improvements. Staff finds the proposal to be in compliance with the development plan and zoning ordinance, and recommends the Commission hold the public hearing and recommend approval to the Town Council. Commissioner Collins referred to Figure 2, the 1996 landscape footprint, and noted it appears there is an encroachment on the northwest comer of the building and asked staff to address this. Community Development Director Anderson suggested the applicant first address this matter during his presentation, with staff to comment after that. Commissioner Kunzweiler confirmed that the Commission was only looking at the modification of the setback and not about any proposed specific structure. Community Development Director Anderson confirmed that understanding and said the applicant would need to apply for design review for any proposed structures. He noted that staff left blank spaces in the resolution which could be filled in, depending upon the Commission's direction in possibly subtracting elsewhere from the envelope to offset the gain occurring on the one side of the parcel. The public hearing was opened. David Schwartz, landscape architect for the project, said in 1996 they designed and received approval for the existing landscape plan which was installed in 1997. The area of the house in question is a garage which is below a utility room, with a deck over the area and the irregularity found was never brought to the owner's and his attention. He was recently engaged to design a new swimming pool and because of the angle of the original lot line, it is difficult to create a usable rear yard space without getting close to the property line. Therefore, they propose the new pool to be within the existing landscaped area, with new planting and terracing below so as to mitigate any visual impacts. Dr. Peter Callander, 9 Via Paraiso East, asked if the envelope is adjusted, would it mean that a structure could be built up more toward the side of the property closest to his home. If so, he would be concerned with view impacts, noting his lot was up against the open space and he currently looks down onto the subject property. He said he had no problem with the swimming pool, but by moving the envelope, questioned possible view impacts on him as a homeowner. Community Development Director Anderson said the way the draft resolution has been written, the proposed stairwell could be up to 25 feet in height, where the envelope would be shortened from 20 feet to 8 feet on that side. The resolution also contains a condition that other structures in that extended envelope area could not exceed 15 feet in height. T1BURON PLANNING COMMISSION MINUTES November 14, 2007 MINUTES # 954 Page 4 Commissioner Fraser said the stairwell actually steps down, and from the contour of the land, he believed the height would not exceed 25 feet. Dr. Callender confirmed his understanding that structures were restricted to 15 feet in height and that other improvements would most likely be limited to landscaping and fountains, which were low in height. He requested that landscaping be included around the pool and in the open space, as the area once full of natural vegetation had been cleared. In addition, he requested that when construction workers were present, some arrangement could be made regarding keeping access open and avoiding parking problems on the narrow street. The applicant said it was their client's concern to maintain privacy around the pool, as well as landscaping along the street, and acknowledged the street was narrow and said they would work with Dr. Callender regarding access and parking during construction. There being no one else wishing to speak, the public hearing was closed. Commissioner Fraser supported the application, felt it would be of benefit to have the "no net gain envelope" option presented as an attachment in the staff report, and requested staff to work out how this could be accomplished. Commissioner Kunzweiler supported the request and the "no net gain envelope" option. Commissioner Collins asked if the encroachment of the northwest comer could be addressed in some way separate and apart from what now is being done in changing the lot line. Community Development Director Anderson said he looked at the 1995 drawings and it appeared this was mostly overhang of the roof and not so much as a building structure encroachment. He said the site is very steep and had some special considerations granted in the late 1980's when the house was first approved. It had required massive retaining walls against the roadway during its construction, and the driveway to reach the house itself actually encroaches into the Town's, open space, which was approved by the Town Council. He believed the envelope adjustment would correct any existing overhang issues. Commissioner Collins said given this history, he supported the project and the "no net gain envelope" option. Vice Chair O'Donnell agreed and was happy to see Mr. Schwartz was willing to work with Dr. Callender. Community Development Director Anderson asked if the applicant had any objection to the no net gain drawing for the envelope that was included in the staff report. Mr. Schwartz said he had no objection. TIOllRON PLANNING COMMISSION MINUTES November 14. 2007 MINUTES # 954 Page 5 ACTION: M/S (Kunzweiler/Collins) to approve the resolution as amended relating to the "no net gain envelope" option, which is at staff s discretion in adjusting the drawing and making the modifications to reflect Exhibit 4 of the staff report. Motion carried 4-0. DISCUSSION ITEMS 3. 41 MAIN STREET: SCHEDULED PERIODIC REVIEW OF CONDITIONAL USE PERMITS GRANTED FOR THE CONSTRUCTION OF A NEW BUILDING FOR RETAIL AND RESIDENTIAL PURPOSES AND TO OPERATE A RESTAURANT (GINZA SUSHI); FILE # 101050and 10507; Assessor's Parcel Nos. 059-151-50, 51, 52 and 53 Community Development Director Anderson said item is a scheduled review of three uses permits that are all associated with the mixed use building located at 41 Main Street. He said in 2001, the Planning Commission approved the tear down of the old Tiburon Tommie's building and approved construction of a mixed use building on the site. In 2002, the Commission granted a parking variance for the commercial portion of the building. In December 2005 the Commission approved a restaurant (Ginza Sushi) in the commercial space. The 2002 resolution which amended the original use permit had a requirement for review in three years. In 2005, staff sent a memo to the Commission indicating that the building was not fully occupied and that review should be postponed until a more appropriate time. The building has now been occupied for some months and is fully operational, so the item has been scheduled for Commission review. Anderson noted that most of the use permit conditions were complied with during construction of the building, and that not many conditions outlived that phase. He said there were still two parking conditions in the application, one of which requires that 6 parking spaces be maintained for the residential component of the project. The applicant secured leases that conform to this condition. Anderson said the other condition was for a 3-year review of the permit, and this review is what is being addressed this evening. The restaurant use permit had several conditions of approval, and staff has reviewed those and provided a brief summary of compliance in the staff report. Staff has received no complaints about the restaurant use, and recommends the Commission take any testimony on the use permits. Staff concludes that the uses are in conformance with conditions of approval. Staff does not believe another scheduled review of the restaurant use is warranted unless there are complaints received. Staff also recommends that the use permit for the building construction be reviewed again in three years, meaning that it would be heard again in 2010. Ron Caceres, applicant, said everything was going well for the restaurant. He said the dwelling units were operating in conformance with their leases, but felt the requirement for six spaces was excessive as only three spaces are actually used by the residents. He hoped for a better long-term parking solution in the future. TIBURON PLANNING COMMISSION MINUTES November 14, 2007 MINUTES # 954 Page 6 Commissioner Kunzweiler said when this came before the Planning Commission in the past, there was a concern raised about parking shortages andlor illegal parking of people picking up food to go and questioned if this was still an issue. Mr. Caceres responded that he sees this frequently along Main Street, especially in front of the Sweden House Bakery, felt it was somewhat of an issue, but he confirmed with the restaurant tenant representative in the audience that their customers do not "double park" in front of the restaurant. Commissioner Kunzweiler said he supports the business, felt many people were happy to see the diversity of food on Main Street, and hoped the restaurant would be there for many years. Commissioner Fraser said staff has done a good job of analyzing and reporting on the issues, felt the restaurant was in compliance, and wished them well. Commissioner Collins supported the request and confirmed with staff that the Commission needed to make a finding that the applicants were in substantial compliance with provisions of the use permits. ACTION: MIS (Collins/Fraser) that the uses are in substantial compliance with the use permits; and for staff to schedule another review of the building use permit (File #10105) for 2010. Motion carried 4-0. MINUTES. 4. PLANNING COMMISSION MINUTES - Regular Meeting of October 10, 2007 Commissioner Collins requested the following amendment: Page 2, bottom of page and top of page 3; "Commissioner Collins asked if the improved drainage ditch would work in concert with other nearby improvements, and the applicant described the erosion trough and stated that some ground cobble would be imbedded into the side of it which would allow for proper drainage." ACTION: MIS (Kunzweiler/Collins) to approve the Minutes of October 10,2007, as amended. Motion carried 3-0 (Fraser abstaining). TIBURON PLANNING COMMISSION MINUTES November 14, 2007 MINUTES # 954 Page 7 ADJOURNMENT The Planning Commission adjourned the meeting at 8:08 p.m. AL AGUIRRE, CHAIRMAN ATTEST: SCOTT ANDERSON, SECRETARY (ACTING) TlBURON PLANNING COMMISSION MINUTES November 14, 2007 MINUTES # 954 Page 8 , TOWN OF TIBURON DiGES"r PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting December 12, 2007 - 7:30 PM ACTION MINUTES CALL TO ORDER AND ROLL CALL At 7:30 PM Chairman Aguirre, Vice Chairman O'Donnell, Commissioner Fraser, Commissioner Kunzweiler ORAL COMMUNICATIONS There Were None Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. COMMISSION AND STAFF BRIEFING Staff Update Commission Information Items PUBLIC HEARING 1. 84 MAIN STREET: PROPOSAL TO OPERATE A WINE SALES AND TASTING BUSINESS (PRIMA PALATE); CONDITIONAL USE PERMIT #10706; Zelinsky Properties, Owner; Cate Hughes & Brooke Tognazzini, Applicants; Assessor's Parcel Number 059-102-20 ADDroved 4-0 DISCUSSION ITEMS 2. REVIEW AND COMMENT ON PROPOSED FORMAT FOR DRAFT ENVIRONMENTAL IMPACT REPORT FOR ALTA ROBLES RESIDENTIAL PROJECT Comments Provided Action Minutes - Planning Commission Meeting December 12, 2007 MINUTES 3. PLANNING COMMISSION MINUTES - Regular Meeting of November 14, 2007 Ado"ted as Amended 3-0-1 ADJOURNMENT at 8:40 PM 12/06/2007 18:22 FAX 4157892650 BEL-LIB-LIBRARY 141002 ~ REGULAR MEETING BELVEDERE-TIBURON LIBRARY AGENCY Monday, December 10,2007 Regular Meeting 5:45 PM Belvedere~ Tiburon Library 1501 Tiburon Blvd., Tiburon, California D'-- !~. ~-'" ~T *~ i-. ~ AGENDA CALL TO ORDER/ROLL CALL OPEN FORUM This is an opportunity for any citizen to briefly address the Board of Trustees on any matter that does not appear on this agenda. Upon being recognized by the Chair, please state your name, address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Board consideration win be agendized for further discussion at a later meeting. STAFF. BOARD AND COMMITTEE REPORTS 1. Chair's report - Mary Falk (2 minutes) 2. BTLF report - Carol Kurland (2 minutes) Appoint trustee liaison to nex1 meeting 3. Library Director's report - Deborah MaZ20lini (2 minutes) 4. Financial statement, October 2007 (2 minutes) 5. Committee reports Program Committee calendar and Film Series Response Summary CONSENT CALENDAR - 2 minutes 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 Board, its staff or the public may request removal of an item for discu6sion. 6. Approval of minutes of November 19.2007 7. Approval of warrants dated November and in-house check register TRUSTEE CONSIDERATIONS The purpose of Trustee Considerations is to list items for discussion and potential aClion. 8. Building Program Planning Update (5 minutes) COMMUNICATIONS & ANNOUNCEMENTS 11. Monthly calendar 12. Schedule of 2008 meeting dates ADJOURN NOTICE AMERICANS WITH DISABILITIES ACT The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda packet materials in alternate formats; special assistance needed to attend or participate in this meeting. Please make your request at the office of the Administrative Assistant or by calling (415) 7B9~2660. Whenever possible, please make your request three days in advance. 1- D~"~'~f~'" .l ,'\l\ "'~;;'\.>l; ,'''''c. r .f ~'~II'" DESIGN REVIEW BOARD AGENDA TOWN OF TmURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 DATE: 12/20/07 MEETING TIME 7:00 P.M. AGENDA NO.: #22 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 for the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the meeting must first be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent outfor items continued to a specific date. Any documents produced by the Town and distributed to a majority of the Design Review Board regarding any item on this agenda, including agenda-related documents produced by the Town after distribution of the agenda packet 72 hours in advance of the Board meeting, will be available for public inspection at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. A. ROLL CALL: Chair Doyle, Boardmembers Corcoran, Fryrnier, Glassner and Teiser B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. CONSENT CALENDAR E. OLD BUSINESS BEFORE THE BOARD 1. 3 Southridge Drive Peitz New Dwelling F. NEW BUSINESS BEFORE THE BOARD 2. 3. 4. 5. 132 Hacienda Drive 63 Paseo Mirasol 70 Pine Terrace 65 Rolling Hills Road Milano Nolan Grove Tarantino AdditionsN ariance Pool HouseNariancelFloor Area Exception New Dwelling/V ariances New DwellingN ariances G. APPROVAL OF MINUTES #21 OF THE 12/06/07 DESIGN REVIEW BOARD MEETING H. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** NOTICE OF MEETING CANCELLA TION THE REGULAR PLANNING COMMISSION MEETING SCHEDULED FOR WEDNESDAY, DECEMBER 26, 2007 HAS BEEN CANCELLED. THE NEXT MEETING OF THE PL.ANNING COMMISSION WILL BE THE REGULARLY SCHEDULED MEETING ON WEDNESDAY, JANUARY 9,2008 SCOTT ANDERSON, SECRETARY r DIGESi NOTICE OF MEETING CANCELLA TION THE REGULAR DESIGN REVIEW BOARD MEETING SCHEDULED FOR WEDNESDAY, JANUARY 3,2008 HAS BEEN CANCELLED. THE NEXT MEETING OF THE DESIGN REVIEW BOARD WILL BE THE-REGULARLY SCHEDULED MEETING ON WEDNESDAY, JANUARY 17,2008 D~JAL~A) i>' DAN WATROUS, SECRETARY '7 DIGES, ! 1 Murrin f;conomic ....-................. ~ ...t~~~.:. o. ..J.... ..J-... ...:.... ..:.... ~t.:::... \ ~~''''-'''''''-'''''''-''''~;'. / .....{ h Commi<;<;ion December 6, 2007 RECEIVED DEe 1 02007 TO: Marin County Board of Supervisors Marin County Planning Commission Mayors and Councilmembers of Marin Marin County Libraries TOWN MANAGERS OFFICE TOWN OF TIBURON The Marin Economic Commission is pleased to present Marin Profile 2007, a survey of economic, social equity, and environmental indicators, for your information. The Profile is a biennial report tracking a variety of indicators that relate to the health of our community, our economy, and our environment. The report contains a discussion of the data for each indicator along with why the indicator is important. Supporting data tables and a source list are included in the appendix. Additional printed copies are available at the Marin County Community Development Agency, Civic Center, Room 308, at a cost of$12.00. A free downloadable version is also available from the Commission's website at http://www.MarinEC.org. Please contact Kristin Drumm at 499-6290 if you have any questions. CiVIC Cenie'Y', Room 308,S~n R~f~el, CA 04003-4157,415-400,6'260, +=~X 415-400,7880, ~m~il economlc-commlsslon@co.m~'Y'In,w.us .. Marin General Hospital A Sutter Health Affiliate RECEIVED DEe 1 1 2007 DIGEST P TOWN MANAGERS OFFICE TOWN OF TIBURON 250 Bon Air Road, Greenbrae Box 8010 San Rafael, CA 94912-8010 (415) 925-7000 December 10, 2007 Re: Second Nurses' Strike at Marin General Hospital Dear Conlmunity Leader: In October, Marin General Hospital's registered nurses, as well as registered nurses at other Sutter Health hospitals in Northern California, went on strike. Last week, we received notice that another strike would be held on December 13 and 14. (This labor action only affects registered nurses - other MGH staff that provide patient care are not on strike.) How we plan to handle patient care It is our intention to conduct normal patient operations. All of our services- including the Emergency Departlnent - will be open. We do not plan to transfer patients or cancel elective surgeries or procedures. To assure adequate nursing staff to care for our patients during the strike, MGH has made arrangements with a national firm - U.S. Nursing - that will provide experienced, licensed nurses for December 13 through Decen1ber 18. Our contract with U.S. Nursing requires a minimum five-day replacement period. (The union's strike notice acknowledged the possibility of a minimum temporary replacement period.) Our ability to conduct normal patient care operations will depend in part upon U.S. Nursing's ability to recruit the necessary number of nurses during the holiday season - and at a time when a number of Sutter Health hospitals need replacement workers during the same time period. Status of contract negotiations The fact that the union has called another strike is extremely disappointing. Although we have been in contract negotiations since June, little significant progress has been made. Instead, the union is focused on a broad, regional agenda against Sutter Health. The end result is that our dedicated and well-respected nurses are not reaping the benefits of a revised contract. Currently, a full-time registered nurse at MGH makes an average $104,000 per year and, in addition, receives family health plan coverage valued at approximately $30,000 annually. The value of this current compensation package does not include the proposed contract enhancements that have been offered in negotiations. If you have any questions, please call us at 925-7100. In the meantime, we want to underscore that our top priority during this labor dispute will be to provide high quality patient care. Sincerely, d/-C:- 7 {~~ Chuck Prosper Chief Administrative Officer Kathie Graham Executive Director, Public Affairs Community Based, Not For Profit www.maringeneral.sutterhealth.org .",#~~;.~~:~3-~\{.~.Kt';'~~?/< ~ ~E~ ~ ~ ~oo~ ~ r ,(OWN CLERK TOWN OF TIBURON ,~:;;_',_"~-"-'5 ~ '-"-'~':~-~'<~:s4~;{r'.~~---:::: -, -_'~_ NOTICE OF REORGANIZATION MILL VALLEY CITY COUNCIL At their December 3, 2007 meeting the City Council reorganized as follows: December 4, 2007 ho 7J. i~ Mary Herr, City Clerk Mayor Vice-Mayor Councilmember Councilmember Councilmember Shawn Marshall Andrew Berman Stephanie Moulton-Peters Ken Wachtel Garry Lion City of Mill Valley, 26 Corte Madera Avenue, Mill Valley, California 94941 DIGEST f" City Administration Larkspur Fire Dept. Twin Cities Police Customer Service Recreation Library 415-927-5110 415-927 -5110 415-927-5150 415-927-5110 415-927 -67 46 415-927 -5005 R Planning Dept. Building Permits Public Works Building Inspections Main FAX line c Ii)) ~~~~~~ \fu \\\\ 0 Eel 4 2007 \Il) NOTICE OF REORGANIZATION ,OWN CLERK . ,OWN OF ,IBURON LARKSPUR CITY COUNCIL At the December 12, 2007 regular meeting, the City Council of the City of Larkspur, California reorganized as follows: MAYOR KATHY HARTZELL VICE MAYOR DAN HILLMER COUNCILMEMBER RON ARLAS COUNCILMEMBER LARRY CHU COUNCILMEMBER JOAN LUNDSTROM The Larkspur City Council holds regular meetings on the first and third Wednesday of each month, beginning at 7:30 p.m. in Council Chambers located at 400 Magnolia Avenue, Larkspur, CA. ~ -Ii' ) sl ~A, ,-~t2.M Cynt Huisman, CMC City lerk December 13, 2007 @ R"y'''' P""" 400 MAGNOLIA AVENUE, LARKSPUR, CALIFORNIA 94939 www.ci.larkspur.ca.us 415-927 -5038 415-927 -5038 415-927 -5017 415-927 -5033 415-927 -5022 . I ~ ~ ~ ~ ~~;-;:J COMMUNI1Y D~V~LOPM~NT AQ;NCY . . · · . .....v AU::Xl-JINDS. DIRI::CTOR MARIN COUN1Y DIGEST ,I ~ Release of the Updated Marin Countywide Plan The Marin County Community Development Agency is pleased to announce the release of the updated Marin Countywide Plan, which was adopted November 6, 2007 by the Marin County Board of Supervisors. The Countywide Plan is a comprehensive, long term general plan that establishes the overall regulatory framework for conservation and development in the unincorporated areas of the County. Similar to the preparation of the original Countywide Plan in 1973, this update has also received considerable state and national attention for including a variety of innovative features. The Plan is available for free download from the Marin Countywide Plan website at www.future- mann.org. Copies on CD-ROM are also available at no charge - while print copies can be purchased for $50. Contact Sharon Silver at ssilverCipco.marin.ca.us or 415-499-7874 to place an order. Copies are also available for reference at all local libraries. Please visit www.future-marin.org for more information on the Marin Countywide Plan. ?G.n-f' __Uu ~j~~~ ~ ~ ._:U~ ~ 1&--- ~~._~- p~j ~ v:\CWP Update\Public Outreach\Nov 07 Plan Release Cover Letter.doc 3501 CIVIC Cf;NTf;R DRIVf;, ROOM 308 - SAN RA~fL, CA 94903-4157 - 415-499-6'269 -~ 415-499-7880 DilGEST j NOTICE OF MEETING AND AGENDA Marin Local Agency Formation Commission December 13, 2007 7:00 p.m., Thursday San Rafael Council Chambers 1400 Fifth Avenue, San Rafael RECEIVED DEe 1 0 2007 7:00 P.M. - CALL TO ORDER TOWN MANAGERS OFFICE TOWN OF TIBURON ROLL CALL 1. Public Comment: This portion of the meeting is reserved for persons desiring to address the Commission on any matter not listed on this agenda. All statements that require a response will be referred to staff for reply in writing or will be placed on the Commission's agenda for consideration at a later meeting. Speakers are limited to three minutes. NOTICE OF APPLICATION (Information Only) 2. New application(s) have been received for the following proposals: · Reorganization of the Lands of Thompson & Brooks Including Annexation to Richardson Bay Sanitary District and Detachment from Sanitary District #5 (File #1291) ACTION OR POSSIBLE ACTION ITEMS CONSENT CALENDAR ITEM(S) 3. Regular Meeting Minutes - October 11, 2007 4. Financial Report - October and November 2007 5. Annexation of the Lands of Ten Eyck & Keegan to Novato Sanitary District (File #1275): Annexation of 7.4 acres located on Seventh Street between Carmel Drive and Ike Court. 6. Annexation of the Lands of Pater to Novato Sanitary District (File #1289): Annexation of .72 acres located on Tamalpais Avenue south of Center Road and east of Highway 101. 7. Annexation of the Lands of Israel to Tiburon Sanitary District #5 (File #1290): Annexation of .66 acres located northwesterly from the Town of Tiburon on Paradise Drive. Pursuant to GC Section 84308, if you wish to participate in the above proceedings, you or your agent are prohibited from making a campaign contribution of $250 or more to any Commissioner or Alternate. This prohibition begins on the date you begin to actively support or oppose an application before LAFCO and continues until 3 months after a final decision is rendered by LAFCO. If you or your agent have made a contribution of $250 or more to any Commissioner or Alternate during the 12 months preceding the decision, in the proceeding that Commissioner or Alternate must disqualify himself or herself from the decision. However, disqualification is not required if the Commissioner or Alternate returns that campaign contribution within 30 days of learning both about the contribution and the fact that you are a participant in the proceedings. . , t: Marin LAFCO Agenda -2- Meeting of December 13, 2007 v' BUSINESS ITEM(S) 8. Legislative Committee Report: Staff will provide an update on the status of legislative proposals of interest to LAFCO. PUBLIC HEARING(S) 9. Annexation of the Lands of San Rafael Marina LLC to San Rafael Sanitation District (File #1288): Annexation of 33.95 acres located along Loch Lomond Drive near its intersection with Lochinvar Road and Point San Pedro Road. CONTINUED PUBLIC HEARING(S) 10. Reorganization of the Lands of Von der Werth et al Including Annexation to City of Mill Valley and Detachment from Homestead Valley Sanitary and Southern Marin Fire Protection Districts (File #1287): The public hearing for this item has been continued from the October meeting. The Commission will consider the proposed annexation of the 33.95 acres of residential properties located along Miller Avenue near the intersection of Gomez Way to City of Mill Valley and detachment from the Homestead Valley Sanitary and Southern Marin Fire Protection Districts. 11. Muir Beach Area Service Review and Sphere of Influence Update: The public hearing for this item has been continued from the October meeting. The Commission will consider re- affirmation of Muir Beach Community Services District as recommended in the staff report. 12. Periodic Review: Novato Area Spheres of Influence: The public hearing for this item has been continued from the October meeting. The Commission will consider re-affirmation of the sphere of influences of the cities and special districts in Novato as recommended in the staff report. COMMISSIONERS' REPORTS EXECUTIVE OFFICER'S REPORT 13. Progress Reports: The Executive Officer will report on the progress of ongoing projects. CLOSED SESSION 14. Performance Review for Executive Officer: The Commission will review the performance of the Executive Officer. ADJOURNMENT Pursuant to GC Section 84308, if you wish to participate in the above proceedings, you or your agent are prohibited from making a campaign contribution of $250 or more to any Commissioner or Alternate. This prohibition begins on the date you begin to actively support or oppose an application before LAFCO and continues until 3 months after a final decision is rendered by LAFCO. If you or your agent have made a contribution of $250 or more to any Commissioner or Alternate during the 12 months preceding the decision, in the proceeding that Commissioner or Alternate must disqualify himself or herself from the decision. However, disqualification is not required if the Commissioner or Alternate returns that campaign contribution within 30 days of learning both about the contribution and the fact that you are a participant in the proceedings. DATE: December 7, 2007 TO: Members, Local Agency Formation Commission Peter Banning, Executive Officer Evelyn Ellis, Assistant Planner Executive Officer's Report and Recommendation: Proposed Annexation of the Lands of Israel to Sanitary District #5 (File #1290) FROM: SUBJECT: Summary The applicant requests annexation of 0.66 acres to the Tiburon Sanitary District. The purpose of the proposal is to extend the District's sewer to an existing residence and facilitate additions to the existing house. The proposal area is in unincorporated territory, located near its intersection with Playa Verde on Paradise Drive. The proposal area is not contiguous to the boundary of the Town of Tiburon. In order to comply with the terms of LAFCO's Dual Annexation Policy, the Town recommends that property owners be required to enter into an agreement with the Town of Tiburon to provide for the future annexation to the Town, as has been the practice in recent similar annexations. Staff recommends approval subject to standard terms and conditions. ~ !...~ Chairperson: Jeffry Blanchfield Members: Susan Adams, Einar Asbo, Barbara Heller, Charles McGlashan, Dennis J. Rodoni, Jeffrey Slavitz Alternates: Judy Arnold, Christopher Burdick, Carla Condon, Kenneth Marks Executive Officer: Peter V. Banning Marin Local Agency F ormation Commission 165 N. Redwood Drive, Ste. 160. San Rafael, California 94903 Telephone (415) 446-4409 · Facsimile (415) 446-4410 · Email lafco@marin.org Website http://lafco.rnarin.org Lands of Israel (File #1290) -2- December 7, 2007 General Information Proposal Description: Annexation to Sanitary District #5 to obtain sewer service for one existing single-family residence. Proposal Location: Unincorporated Tiburon on Paradise Drive near Playa Verde. No. of Parcels: 1. Acres: 0.66 acres. Development Potential: None. Applicants: James and Shannon Israel, P.O. Box 2433, San Anselmo. Consent of Property Owner(s): 100%. Public Hearing Required: No. Number of Registered Voters: 1. City or County: County. Total Land Assessed Value: $1,375,000. Property Tax Exchange: None. Current and Proposed Provision of Services Current: If Approved: Police: County of Marin No Change Fire: Tiburon Fire Protection District No Change Water: Marin Municipal Water District No Change Sewer: None Sanitary District #5 (Tiburon) Streets: County of Marin No Change Planning: County of Marin No Change Lands of Israel (File # 1290) -3- December 7, 2007 Comments of Mfected Agencies County Community Development Agency (CDA) County CDA staff reports that the proposal area is designated SF3, 1 unit/1 to 5 acres in the County's General Plan. Zoning for the area is BFC-RSP-1 single family residential, planned district (1 acre minimum lot size). County Environmental Health The Environmental Health Division reports failure of septic systems on nearby parcels due to poor soils, steep slopes and aging systems. Upon connection to the public sewer, applicants will be required to obtain a permit to abandon the existing septic systems. Town of Tiburon (Community Development) "The Town has no record of an 'annexation agreement' existing for this property. The Town of Tiburon would support a LAFCO deferral of the dual annexation policy provisions for this application provided that such agreement is secured and recorded." Tiburon Sanitary District The District has given written consent to the proposed annexation and waived protest proceedings. Discussion The proposal area is located in the unincorporated Paradise Drive area on the Tiburon Peninsula. The applicant seeks public sewer service to replace an on-site wastewater system for an existing single family home. Neighboring residences on Paradise Drive are already receiving service from Tiburon Sanitary District. The District has sufficient treatment capacity at its Paradise Cove plant to provide service. The area is within the adopted sphere of influence of Sanitary District #5. The proposal area is not contiguous to the boundary of the Town of Tiburon. In order to comply with the terms of LAFCO's Dual Annexation Policy, the Town recommends that property owners be required to enter into an agreement with the Town of Tiburon to provide for the future annexation to the Town, as has been the practice in recent similar annexations. Environmental Review This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15319 of the State CEQA Guidelines which provides exemption for annexations involving areas developed to the density allowed by the current zoning. Lands of Israel (File #1290) -4- December 7, 2007 Recommendation Sanitary District #5 has sufficient treatment capacity available to provide service to the proposal area. The proposal is consistent with the adopted sphere of influence for the District. Staff recommends approval subject to standard terms and conditions for the implementation of the Dual Annexation Policy as stated below. Recommended Commission Action, by Resolution: 1. Adopt a resolution making determinations approving the proposed Annexation of the Lands of Israel to Sanitary District #5 (File #1290) subject to the following condition: A. Proceedings for annexation shall not be completed until the property owner and the Town of Tiburon execute and record an agreement wherein: 1) The property owner agrees on behalf of himself, his heirs, successors and assigns that, in the event any future proceedings for the annexation of the property to the Town of Tiburon shall be initiated by the City, the owner shall neither directly nor indirectly oppose or protest such annexation; and 2) That the owner agrees that his obligations under the agreement shall run with the property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of the agreement and that the obligations undertaken by the owner shall be binding on all parties having or acquiring any right, title, or interest in the property. B. The applicant shall provide a map and legal description conforming to the standards of the State Board of Equalization as determined by the County Department of Public Works. 2. Authorize staff to initiate subsequent proceedings pursuant to Government Code 957000 without notice and hearing. Respectfully submitted, l1~lH Peter V. Banning Executive Officer (j)~ CCt?Ir~ Evel yn EI Assistant Planner Attachment A Proposed Annexation of the Lands of Israel to Sanitary District #5 Summary: Proposal Consistency with Government Code Section 56668 Factors to be Considered f'"^" "~, ":;';"^'W :~-~, _N" "f N "" =~-"- 'u "~^^-::}'H' 'n f ". '<' - ^'"," ,",q~) v~!'J"" .', 7" :^^,"~'>>~N N ^^', ~~w:~:w',:w_ ~,"^^~,,_X"'w 0 ",--;W,~"",~'~'W'^^ ~ L, _< /:;x~~!~)( f n [1~ ( lJf'K~n( ~'\{_~)~J _ ! '" N _ f () ~t')(lV~lir qq,:, ( ?~,l,~t~!,~~R1:,( y _ _, _ "w= ,~_,,~,~~J Population & growth potential during the next ten years. s56668a Need for organized community services; cost and adequacy of services; effect of proposal on cost and adequacy of services 956668b Effect of proposed and alternatives on social and economic interests and on local governmental structure S56668c Consistency of proposal & its effects with both adopted commission policies & policies & priorities in Section 56377. S56668d Proposal effect on maintaining physical and economic integrity of agricultural lands. s56668e Definiteness & certainty of proposal boundaries & other matters affecting proposed boundaries. S56668f Consistency with city or county general and specific plans. S56668g Consistency with relevant adopted spheres of influence. S56668h Comments of affected local agencies. S56668i Ability of affected agencies to provide requested services. S56668j Timely availability of adequate water supplies. S56668k Service to be extended to existing residence. No increase in population attributable to this proposal. Documented frequency of failed on-site wastewater systems in affected area. Proposal offers adequate service at advantageous cost compared to alternatives. Proposal will have no effect on social or economic communities of interest or upon existing local government structure. Consistent. Proposal will have no effect. Proposal boundaries definite & certain. Map and legal description meet State standards. Consistent Consistent with adopted SOl for Sanitary #5. See staff report body, page 3. Sanitary District #5 has adequate treatment capacity to provide service. Proposal will have no effect on demand for water service. The extent to which the proposal will Proposal will have no effect on achieving fair share I I I assist in achieving fair share of housing needs. i regional housing needs. S566681 Information or comments from None received. landowner(s). s56668m Information relating to existing land Existing single family residence consistent with current use designations. s56668n general plan and zoning. No further development allowed under current zoning. Whether the proposal will be in the Proposal will benefit present and future landowners by interest of the landowners or present replacing individual septic system subject to failure and future inhabitants of the affected and environmental contamination w / sewer service. agency(ies) S56668.e(1) The commission's resolution making Draft resolution attached to staff report. determinations. S56668.e(2) Resolution objecting to the proposal Not applicable. None filed. action filed by affected agencies (the Commission's consideration shall be based on! y on financial or service related concerns). !?56668.e(4) Any other matters, which the -- commission deems material. S56668.e(5) Marin LAFCO adopted Policies, Consistent. See pages 3 and 4 of staff report. Pending Procedures & Guidelines, Chapter III, Dual Annexation agreement between City and including Dual Annexation Policy property owner. MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 07-39 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION . TO SANITARY DISTRICT #5 (TIBURON) WITH WAIVER OF NOTICE, HEARING AND ELECTION II Annexation of the Lands of Israel to Sanitary District #5 (Tiburon) (Pile 1290)" WHEREAS, a proposal for the annexation of certain territory to Sanitary District #5 (Tiburon) in the County of Marin has been filed with the Executive Officer of this Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, said proposal was made in the form of a petition filed by the property owner; and WHEREAS, said petition was accompanied by written consent signed by all owners of land within the territory proposed to be annexed; and WHEREAS, pursuant to Government Code Section 56663, when a petition is accompanied by written consent signed by all owners of land within the territory proposed to be annexed, this Commission may make determinations with respect to said annexation without notice and hearing; and WHEREAS, pursuant to Government Code Section 56663(c), the affected territory is uninhabited; all the owners of land within the affected territory have given their written consent; and the affected local agency that will gain territory, Sanitary District #5 (Tiburon), has consented in writing to a waiver of conducting authority proceedings, this Commission may make determination with respect to said application with waiver of conducting authority proceedings; and WHEREAS, the Executive Officer has reviewed the proposal and prepared a report, including a recommendation thereon, the proposal and report having been presented to and considered by this Commission. Resolution 07-39 -2- December 13, 2007 NOW THEREFORE, the Marin Local Agency Formation DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. The boundaries, as set forth in the proposal, are hereby approved as submitted and are as described in Exhibit 1/ A" and I/B" attached hereto subject to the following conditions: A. Approved map and legal description to be provided by the applicant. B. Proceedings for the annexation shall not be completed until the property owner and the City of Tiburon execute and record an agreement wherein: 1. The property owner agrees on behalf of himself, his heirs, successors and assigns that, in the event any future proceedings for the annexation of the property to the City of Tiburon shall be initiated by the City, the owner shall neither directly nor indirectly oppose or protest such annexation; and 2. That the owner agrees that his obligations under the agreement shall run with the property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of the agreement and that the obligations undertaken by the owner shall be binding on all parties having or acquiring any right, title, or interest in the property. . Section 2. The territory includes 0.66 acre, is found to be uninhabited, and is assigned the following distinctive short form designation: 1/ Annexation of the Lands of Israel to Sanitary District #5 (Tiburon) (File 1290)". Section 3. The proposal is consistent vvith the adopted sphere of influence for Sanitary District #5. Section 4. The Executive Officer is hereby authorized to complete annexation proceedings in the manner prescribed by Section 57000 of the Government Code.