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HomeMy WebLinkAboutTC Digest 2008-01-18 ~ TOWN COUNCIL. WEEKLY DIGEST WeeksofJanuary.7-18,2008 Tiburon 1. Mid-year Project Status Report - Town Manager 2. Letter - Cathy Frymier - Application - Planning Commission Vacancy 3. Town Councilmember Committee Appointments - 2008 4. Letter from Town Engineer - Street Lighting on Mar East Street 5. Email from Les Rosen - Recent Power Outages in Tiburon 6. Letter - Town Manager - Recent Power Outages in Tiburon 7. Yearly Recap - Design Review Submittals - Total 2007 8. Monthly Report - Office of Design Review - December 2007 Agendas & Minutes 9. Minutes - BellTib Library Agency - November 19, 2007 10. Minutes - Planning Commission - December 12, 2007 11. Action Minutes - Planning Commission - January 9,2008 12. Agenda - Design Review Board - January 17, 2008 13. Action Minutes - Design Review Board - January 17,2008 14. Agenda - Planning Commission - January 23,2008 15. Minutes - Design Review Board - December 20,2007 Regional a) Town Council Reorganization - San Anselmo b) Town Council Reorganization - Corte Madera c) Law Alert - Changes in Land Use Law for Emergency Shelters d) Infrastructure Report Card 2006 - ASCE California * e) Invitation - SPG Solar - Open House - January 30,2008 * f) Invitation - Open House/W orkshop - 101 Corridor-GreenbraefTwin Cities * g) Progress Report - SF Bay Water Transit Authority * h) Service Matters - ABAG Newsletter - January/February 2008 * i) Conference Announcements - Law Seminars International - 4/14 & 4/15/08 * Agendas & Minutes j) Agenda - Marin Bd. Of Supervisors - Special Meeting - 1/22/08 * Council Only TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 /) ,. '1G~ ~8.,. MEMORANDUM Date: January 18,2008 To: Mayor and Town Council Interested Parties From: Peggy Curran, Town Manager '~? ~._- \~ll Subject: Mid- Year Project Status Report Attached for your review and reference is a brief summary of the status of special projects for this fiscal year. Ongoing efforts, regular duties and maintenance activities are not included. Please do not hesitate to contact me if you have any questions. Thank you. Mid-Year Project Status Report January 2008 Project or Task Budgeted Funds Status I Significant Capital Projects: I I I . Lyford Cove $935,000 Construction within our control is essentially complete Undergrounding (T own- and expected to be under budget. Contractor has funded completed Town items and is conducting extra work resurfacing for AT&T. All affected streets in the district except for Lyford Paradise have been resurfaced; Paradise Dr. will be Cove; slurry sealed after all work by others is complete. includes funds for Mar AT&T will be the last to remove pole segments, West, below) expected to occur this summer. PG&E has committed to providing the Town with plans for the removal of two poles at eastern terminus by end of January, after which coordination with AT&T and Comcast must occur; removal is expected to occur under a separate contract with PG&E. (Maggiora and Ghilotti, contractor) . Del Mar Project remains on hold due to litigation. Undergrounding . Mar West Overlay See above Project completed under budget except for a pending warranty repair to remedy the failure of a slurry seal coat to Esperanza. (Ghilotti Construction, contractor) . Failed Streets $680 I 000 Project was completed under budget (WK McLellan, Resurfacing contractor); resurfaced street segments included: Bartel Court Venado Drive to cul-de-sac Lyford Dr. Acela Drive to Sugarloaf Dr. Red Hill Circle Lyford Drive to Lyford Dr. St. Gabrielle Court Sugarloaf Drive to cul-de-sac Santa Ana Court Bartel Court to cul-de-sac Paseo Mirasol Via San Fernando northward 800' Reed Ranch Road Tiburon Blvd to East Terrace Harbor Oak Drive Mariner Way to end Blackfield Dr. Karen Way to Via San Fernando East View Ave Alcatraz A venue to Main Street . Reed Ranch Rd $147,000 Project in progress; weather permitting, should be Refuge Lane completed within next few weeks. (Ghilotti Bros., contractor) Landscaping of remodeled median will follow under separate contract. 1 . Multi-Use Path $66,000 MMWD pipe and path work complete, including Pipeline and (Town portion restored and widened path in pipeline area. New Improvements was $21,000 retaining walls installed as well as two new drinking plus $45,000 fountains. MMWD bidding landscaping shortly with grant) installation anticipated in spring. . Knoll Retaining $55,000 One bid is in hand and another is being sought; Wall contractor to be selected within two weeks with construction to begin within one month, weather permitting. Work should take approximately three weeks. . Pine Terrace ADA $237,000 Project is on hold pending Caltrans review and Path approval of current design plans. Project expected to be under construction in late spring or early summer. . Corp Yard Master $100,000 RFP was issued and proposals received last week; Plan after review of submissions, interviews will be conducted in early February and a firm selected by March; a concept and plan are expected by summer (only portion of budget will be used for this phase of the project). . Signage and $30,000 RFP was issued and proposals are due January 18. LOGO Redesign . Tiburon Blvd. $100,000 Council approved light standard in December; lights Streetlights expected to be received by late March. . Fire Road $10,000 Work completed by County Fire crews with only minor Maintenance funding used by Town for inspection. . Marsh $40,000 Silt basins have been cleaned; maintenance (cat-tail Maintenance removal) being coordinated with Mosquito Abatement and expected to be performed this fiscal year. I I I Municipal Code Modifications: I I · ZOning Code Update $30,000 On January 16 Councl Will be asked to approve a contract with Lisa Wise Consulting; public hearings on code revisions are expected in early summer. · Sign Code Update $5,000 Draft code is under review by outside counsel; public hearings will be scheduled within next several months. · Downtown Ground Floor Zoning (Limit to Retail and Restaurant) Zoning Code amendment hearings scheduled for the January 23 Planning Commission and February 6 Town Council meetings. 2 . Green Building Planning Commission considered standards at Standards January 9 meeting and appointed subcommittee to work with staff to further refine ordinance; Council public hearing continued to March 5. . Other Code Issues Staff is evaluating other possible code modifications related to commercial vehicle parking, abandoned vehicles and enforcement of speeding, etc. on the Multi-Use Path; goal is to return to Town Council with proposals for consideration this fiscal year. Other Projects and Tasks: . Newsletters and In addition to the semi-annual print newsletter mailed Communication to all households, Tiburon Talk, which keeps residents apprised of more timely news and information, launched in October. Monthly schedule is augmented by as-needed Special Bulletins such as for the oil spill and the recent storm. The Tib Talk mailing list is now at 1,108; Town mails a print copy of Tib Talk to those residents who do not have e-mail so that no one who wishes to receive it is excluded. This list is currently at 33. . Paradise Drive Staff will reconvene the ad hoc committee on Paradise Annexation Drive to talk about possible options with the County. Analysis . Open Space $20,000 Staff has formulated a plan and secured costs Management Plan estimates for the phased removal of invasive plants in and Abatement of the Gilmartin Open Space to reduce threat to rare and Invasive Plants endangered plants. Overall open space management plan still in development. Public Works crews have been clearing and removing pampas grass and other invasives and fire hazards as time allows. . Jt Recreation Town Manager actively involved in assisting Jt. Rec. in Assistance its efforts to hire a new director and assist in other administrative issues and challenges. Belvedere City Manager also assisting with financial and human resources support. . Recreation Master Due to current flux with Jt. Recreation (lack of a Plan director) this project has not moved beyond the draft scoping stage. . Permit Tracking $75,000 RFP was issued and three proposals have been received; contract should be established within one month. 3 . Board and Staff anticipates bringing forward recommendations for Commission possible consolidations in the spring. Consolidation . Ferry Service Multiple meetings have occurred involving GGBHTD, WT A, Blue and Gold and ferry users to discuss possible options for future service that stabilizes costs and ensures continuation of service. Ultimate plan probably involves coming under GGBHTD umbrella overseeing a contract with B&G. Staff continues to monitor the situation. . Undergrounding At the Town Attorney's recommendation, update has District Policy been postponed pending the results of the on-going Update litigation challenging the Town's current process. . Security Cameras October print newsletter, mailed to all households, had on Tiburon Blvd. article soliciting feedback on camera concept; responses very positive; staff costing out alternatives, determining the appropriate location(s) and will bring issue back for Town Council and public review. Caltrans encroachment permit required if decision is made to proceed. . Affordable Staff will continue to look for opportunities as projects Housing come forward. Henry Herold BMR unit was purchased by Town to retain it in the affordable housing pool. . Downtown Staff has worked with Boardwalk property owners to Redevelopment advise them on remodeling plans. Ongoing effort to work with all applicable property owners. 4 D\GEST ). January 8, 2008 Diane Crane Iacopi Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 RECEIVED I JAN 1 0 2008 I TOWN CLERK TOWN OF TIBURON Dear Diane, I would like to apply for a member to the Planning Commission. I was informed that there was a vacancy on the committee and would very much like to be considered for this position. The attached application requires applicants to state reasons for selecting the specific area of interest. In short, I am now entering my second full year on the Town's Design Review Board, DRB. I have enjoyed the members on the Board, its responsibilities, its position within the community and my personal growth that I have gained from being involved with the Town and its residents. That said, I would greatly enjoy transferring my skill set and continuing to serve the community in a more 'macro' sense. I would enjoy getting involved with the issues that face our community on a more grandiose level. Much like serving on the DRB, the Planning Commission must make difficult decisions that have resounding effects on our community. Some of those decisions are not always in the agreement of all community members. The talents of diplomacy, reason and simple etiquette are subjects that I have improved upon by serving on the DRB. Additionally, my professional background with municipal governments and how they function provides an added value to the Town which again I would like to apply to the Commission's position. I care very much about our community and want to continue to serve its members in an area that bests matches my talents and personality. I would appreciate the opportunity to be consideredf>>j a mem?er to the Planning Commission for the Town of Tiburon. ~!'Q('~rely' 1.~. . I Y viI....... ..rt... 1. AJJ " . J' Jrr TOWN OF TIBURON COMMISSION.. BOARD & COMMITTEE APPLICA TION The.Town Council considers appointments to various Town commi boards and committees throughout the year due to term expirations and unfo vacancies. In an effort to broaden participation by local residents in Tib governm ental process and activities, the Council nee.ds to know your inte serving the Town in some capacity. Please indicate your specific areas of interest and special skills or exp which would be beneficial to the Town, by completing both sides of this for returning it to Town Hall. The application form can also be found on the website, www.cLtiburon.ca.us. Copies of the application will be forwarded to the Town Council informal interview will b~ scheduled when a vacancy occurs. Your applicati remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon com m unity. rl1#~. Diane Crane Iacopi Town Clerk ******************************************** AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) ~ PLANNING PARKS & OPEN SPACE DESIGN REVIEW JT. RECREATION COMMIT HERIT AGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON BICYCLEIPEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: CA-tk~.JN e: ~. kVv\1 )~ Street & Mailing ADDRESS: 01 LI V\fdA VI~ ~('II\ ~'l€C ~ A VtQll}c: fYlqc-,~o'(Y\ .J~q Q\ .. TELEPHONE: Home: ~33() Work: 5:)5 ~(o?OFax No. PROPERTY OWNERS' ASSOC. (lfapplieable) L'j fQ~ ~VE: TmURON RESIDENT: (Years) ~ DA TE SUBMITTED: I 'd-{n ~ e-mail = REASONS FOR SELECTrNG YOUR AREAS OF INTEREST [ATTACH ADDITIONAL PAGES, IF NECESSARY] APPLICABLE QUALIFICATIONS AND EXPERIENCE fA TT ACH ADDITIONAL PAGES, IF NECESSARY] Town Hall Use Date Application Received: /-/D .:()f Interview Date: . ...,~ be dA ~,uJ Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: S:dcrane:comm.app (4/05) 2 TIBURON TOWN COUNCILMEMBER COMMITTEE APPOINTMENTS DIGEST 3, I. 2008 I. STATE & REGIONAL AGENCIES ABAG - (Executive Board meets monthly in Tom Gram, Alternate Jeff Slavitz, Alternate Tom Gram, Alternate 4. LEAGUE OF CALIFORNIA CITIES - (North Bay Division Meets Quarterly - Annual Conference in October) Transportation, Communication & Public Works State Policy Committee- (I-year appointment by North Bay Division President) Alice Fredericks 5. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS Police Chief Michael Cronin Jeff Slavitz, Alternate 6. MARIN TELECOMMUNICATIONS AGENCY Tom Gram, Delegate Jeff Slavitz, Alternate 7. REGIONAL AIRPORT PLANNING COMMITTEE (MTC, ABAG, BCDC) Alice Fredericks, Marin County MTC appointee 8. RICHARDSON BAY REGIONAL AGENCY - (Meets Monthly on 2nd Wednesday at 6:00 .m. - Sausalito City Hall) Jeff Slavitz, Alternate 9. TRANSPORTATION AUTHORITY OF MARIN (TAM--formerlv CMA) (Meets Monthly on 4th Thursday at 7:30 p.m. - San Rafael City Hall) Alice Fredericks, Delegate (also elected by city representatives to serve as Southern Marin Representative to Executive Committee; also appointed as TAM's to Adopted January 16, 2008 1 1 O. WATER EMERGENCY TRANSIT AUTHORITY Miles Berger, Delegate Alice Fredericks, Alternate II. LOCAL AGENCIES/COMMITTEES 1. BEL VEDERE- TIBURON JOINT DISASTER ADVISORY COUNCIL- (Meets Bi-monthly on 2nd Monday from 4:00 - 5:30 p.m. in the Town Council Chambers) Alice Fredericks, Town Council Representative 2. JOINT RECREATION COMMITTEE - (Meets bi-monthly on 3rd Monday in the Town Hall Community Room) Tom Gram, Town Council Representative m. TOWN OF TIBURON STANDING COMMITTEES - (Meetings scheduled as needed) 1. FINANCE & ADMINISTRATION Tom Gram Jeff Slavitz 2. POLICE Alice Fredericks Jeff Slavtiz 3. PUBLIC WORKS Alice Fredericks Miles Berger 4. LANDS & DEVELOPMENT Tom Gram 5. LEGAL Tom Gram IV. AD HOC TOWN COMMITTEE APPOINTMENTS 1. Downtown Economic Development Committee - Miles 3. Paradise Drive Liaison - Alice Fredericks/Jeff Slavitz 5. Library Negotiating Team - Alice Fredericks/Jeff Slavitz 6. Caprice Appeal- Alice FredericksIMiles Berger 7. Legislative Action - Tom Gram/Alice Fredericks Adopted January 16, 2008 2 V. MCCMC APPOINTMENTS - (Elected by MCCMC) 1. President (term expired June 2007) Alice Fredericks 2. Local Agency Formation Commission (LAFCO) Jeff Slavitz . Town Appointments to MCCMC Committees 1. MCCMC Legislative Committee Alice Fredericks 2. JP A Oversight Committee Jeff Slavitz . Town appointed representatives in other areas of interest Marin Community Foundation City Liaison Committee Alice Fredericks MarinMap Steering Committee Nicholas Nguyen Chad Monterichard, alternate Marin County Hazardous & Solid Waste JPA Town Manager Peggy Curran Adopted January 16, 2008 3 DIGEST Town ofTihuron. 1505 Tihuron Boulevard. Tihuron, CA 94920 · P. 415.435.7373 E 415.435.2438 · www.ci.tihuron.ca.us January 15, 2008 Ms. Elizabeth A. Hartman-Pepperell 2260 A Mar East Street Tiburon, CA 94920 Re: Street Lighting on Mar East Street Dear Ms. Hartman-Pepperell: Thank you very much for your letter and recent phone discussion regarding street lighting on Mar East Street. I appreciate your request and concern for additional lighting to be placed along tltis street. You are correct that there was a process to arrive at the final street lighting plan for the Lyford Cove Undergrounding District project. Similar to your own experiences with your neighbor, the Town faces challenging issues continually. We seek to resolve each issue by balancing the requests of competing (at many times, conflicting) interests with best practice. In the case of the street lighting plan for the District, the Town went through a comprehensive process which included at least three public meetings (Traffic Safety Committee, Design Review Board, and Town Council) and approval by the County as part of Mar East Street is within their right of way. At these meetings, we heard competing themes on the need for street lighting. However, in the interest of safety and some concerned residents, the Town did promote street lights at various locations. We are open to reviewing the situation again with you and your surrounding neighbors to see if another outcome can be achieved for your area. Please bear in mind that this may take some time. If you would like to, please let me or our Town Manager, Ms. Peggy Curran, know. In the meantime, I have put in a work order to resolve your other request to silence a noisy utility lid and loose monument cover in front of your home. Thank you for bringing these matters to our attention. .~Lt~ ~ Nicholas T. Nguyen, P.E. Director of Public Works/Town Engineer Cc: ~eggy Cumm Joel Brewer . I .:-. 0 f Tie ",. ~ v". ~ 0 .~~~I1i- ~~ ("\~~~~ ~~~~o.'O "'A'~' .'/:. 0 ~ ,.;;~--; ~ c.. ~. 1 . q, -. Jeff Slavitz Mayor Alice Fredericks Vice Mayor Miles Berger Coundlmember Dick Collins Councilmember Tom Gram Councilmember Margaret A. Curran Town Manager Page 1 of2 /" D1GEST g S J Peggy Curran From: Les Rosen -ESRcheck.com [Isr@esrcheck.com] Sent: Sunday, January 13, 2008 12:32 PM To: Councilmember Richard Collins; Council member Miles Berger; Council member Tom Gram; aSkalicenow@usa.net; Mayor, Jeff Slavitz; Dean Bloomquist; Peggy Curran Subject: Recent Power Outage in Tiburon Les Rosen 30 Apollo Rd. Tiburon, CA. 94920 415-898-0044 1sr@esrcheck.com January 13, 2007 Town of Tiburon Town Council VIA e-mail only Dear Town of Tiburon, We live at 30 Apollo Rd and were one of20 homes on Apollo that went without power from Friday, January 4 from approximately 11 :43 am to Tuesday, January 8 at approximately 2:00 p.m. The cause of the outage was a tree that fell down on Apollo that damaged a transformer resulting in a power loss to all houses down the block. It appeared that the tree was on the area next to the street where I am told Town has an easement over the trees. I would first like to thank and acknowledge the assistance we received from Town Manager Peggy Curran and Building Official Dean Bloomqust. They gave us what assistance they could given that only PG&E could fix the issue immediately. Peggy also called and followed the situation, and that was very helpful and appreciated. My concern stems from comments made by one of the crewmembers that fixed our problem on Tuesday, January 8. It was made very clear that we had a significant problem in our area because trees have not been maintained. Based upon their experience, they felt it was just matter of time before there would be other outages caused by trees interfering with power lines. At this point, I am not certain who has the responsibility of keeping power lines safe from trees. The trees appear to be in a Town easement. As an individual homeowner, I certainly have no power or ability to have PG&E or others in the Town trim trees that may interfere with power lines. Yet, if trees are not maintained, then it is innocent neighbors that suffer the consequences of a power blackout, including no lights, no heat, no refrigeration and no hot water. I am writing to the Town of Tiburon to request that the Town urgently address this issue or it is certain that there will be additional problems iri the future. I would also ask the Town to consider ways to urge PG&E to invest appropriately in infrastructure and strategic planning so that these situations do not occur in the first place. Even though the storm was 1 /1 A n{\{\Q Page 2 of2 particularly bad, certainly PG&E understands that there is periodic bad weather and that plans need to be made to cope with that. I am not sure what Town can do in that regard, but it certainly appears to be an issue that directly impacts the residents of Tiburon. Thank you for your assistance and attention to this matter and our thanks again to Peggy and Dean. Sincerely yours, Les Rosen pcurran@ci.tiburon.ca.us dblaamqu ist@ci.tiburan.ca.us j slavitz({V,comcast.net . ~ askalicenow@usa.net tOlngrarn~Q3~bel1.n~ Mparberger(a)earthl i nk. net --. -.- ~--'--"-----~ l'Qtih.L@Q.QliQIJl 1/14/2008 ~~ '~,).o-o8 Hello, Les: Thanks for your kind words about our attempts to help during your recent (and lengthy!) power outage. I wish we could have done more. We have looked into the tree trimming issue. PG&E advises us that the California Public Utilities Commission (CPUC) requires them to trim around their wires and that they emphatically do not want anyone else near their wires. We have advised PG&E that your neighborhood needs an assessment and a trim. I am copying our Public Works Director, Nick Nguyen, on this message as he was the source of my information and would probably be the person to answer any further questions if you have them. Glad you are back in this century, electricity-wise. Let's hope it stays that way. Please don't hesitate to contact us again if we can be of assistance. Best regards, Peggy Margaret A. (Peggy) Curran Town Manager, Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 415-435-7383 pcurran lalci.tiburon.ca.us www.ci.tiburon.ca.us DIGEST t~ D\GEST 7~' .. 10 U) CO ~ .. CO "l:t ~ N N CO c( 10 N U) N Z ~ or- C\J ~ 0r- a co ex:> co C\J C\J C\J or- ~ co ~ It) or- .. C"') 0 ~ ~ 0 c( ~ C"') 0 Z ~ a (f) C\J 0r- a or- C\J a C\J ex:> C\J C\J a C\J C\J C\J ex:> ~ C\J It) a C\J C\J co C\J ~ (f) a C\J ~ C\J ~ C\J I'-- C\J ~ a (f) C\J a a ~ I'-- I'-- a I"- 0 0 N 0 0> ~ (f) ~ ~ 0r- a 0::: 0 ~o:: on. a Ne C\J (f) (f) (f) C\J a o:::w we 0:1::::) :liE....I wO ~ OZ a C\J C\J a (f) ex:> C\J w- or- e~ J:O C)Z ::::)w C\J (f) a (f) It) C\J co a 00::: o:::W J:~ ~:liE tnW ....I~ (f) ~ a a C\J co C\J ex:> a c(- ~tn o:f ~~ tn tn ~ 0:::0::: ~ ~ ~ W c(O ~ i i tn n. :> WLL ....I ~ W ~tn 0::: c( ....I 0::: 0::: 0 W W tn J:W c( W W 0 0::: ....I LL 0::: n. Z >< ~o::: tn 0 0::: n. c( W LL c( Z::::) ~ 0 Z W 0:: LL W OC) ..., W 0::: c( n. c( z C) :liE~ W i 0::: c( c( ~ n. Z :liE iii ~ > LL tn c( .. .. .. TOWN OF TIBURON l>'Q ~8~ CZ]. OFFICE OF DESIGN REVIEW MONTHL Y REPORT DECEMBER 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 o o 1 2 1 3 1 1 3 NA* 1 5 2 1 o o STAFF REVIEW APPLICATIONS: Review of minor exterior alterations and additions of less than 500 square feet. 11 13 APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL o o *Figures for this item were not kept prior to 2007 REPORT PREPARED BY: Connie Cashman, Planning Secretary DATE OF REPORT: January 15,2008 Regular Meeting BELVEDERE-TIBURON LIBRARY AGENCY Belvedere-Tiburon Library, Tiburon, California November 19, 2007 ID) ~~~~W~ ~ /I)) JAN 1 1 2007 IQI 1: CALL TO ORDER: "[OWN CLERK TOWN OF TIBURON Lois Epstein, Beverlee Johnson, Steger Johnson, Bill Kuhns, Heather Lobdell and Ann Otter Mary Falk Deborah Mazzolini and Tom Perot DIGI:: . Vice Chair Steger Johnson called the regular session to order at 6:15PM Il;;;Sr MINUTES Members Present: Members Absent: Staff Present: OPEN FORUM: No Comment STAFF, BOARD AND COMMITTEE REPORTS: 1. Chair's Report No report. 2. BTLF Report Carol Kurland commented on the success of Blackie's Hay Day. The Bookmarks next event is the annual Teddy Bear Tea on Sunday, December 9th. The Art Committee is planning to hold the semi- annual art auction in March 2008. 3. Library Director's report - Deborah Mazzolini The eTapestry software which will help to facilitate the fundraising effort will be in place in early 2008. The architects have received lots of feedback from the building team, staff and public and will their new ideas at the next meeting of the building team. 4. Financial statement for October 2007 After four months in the fiscal year, expenses are just over 340/0. This reflects several prepaid expenses. Revenue will not show any significance until the property tax funds are received in December. 5. Committee Reports . The Program Committee calendar reflects a full and interesting upcoming schedule. . The Film Committee response summary for the October 26th film was not available yet. CONSENT CALENDAR: 6. Approval of minutes of October 15, 2007 A motion to approve the minutes as corrected passed. 7. Approval of warrants and in house check registers dated October 2007 A motion to approve the warrants and in-house check register passed. TRUSTEE CONSIDERATIONS: 8. Building Program Planning Update The Building Team is made up of Trustees Otter and (Bev) Johnson, Hank Bruce, Sandy Siedel, Glenn Isaacson, the architects (Jennifer Devlin, Andy Sohn and Jake), and Director Mazzolini. Mary Vella will observe and take notes. Director Mazzolini expressed grateful appreciation for the involvement of Glenn Isaacson who is donating his time to the project. Trustee Otter commented that she hopes that there will be more public meetings that generate larger attendance with more feedback. Belvedere Tiburon Library Agency November 19, 2007 Minutes Page 2 9. Resolution Commending the Bookmarks for Their Excellence in Fundraising for the Children's Room A motion to approve the resolution commending the Bookmarks, made by Trustee Otter and seconded by Trustee Epstein passed. A poll of each Trustee resulted in unanimous agreement with the resolution. 10. Holiday party plans Trustee Lobdell is spearheading the plans for the holiday party and gave a brief description of the plans for the evening. The event will be held on December 10th in the Founders Room. COMMUNICATIONS 11. Monthly calendar It was agreed that a brief meeting would be in order beginning at 5:45PM before the holiday party on Monday, December 10th. 12. Schedule of 2007 meeting dates The January and February meetings have been scheduled for January 14th and February 11th. ADJOURNMENT: The meeting adjourned at 7:15 pm. Respectfully submitted, Deborah Mazzolini Upcoming meeting: Monday, December 10, 2007. An email will be sent to assure a quorum. /6. MINUTES NO. 955 PLANNING COMMISSION December 12, 2007 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California DIGEST CALL TO ORDER AND ROLL CALL Chairman Aguirre called the meeting to order at 7:30 P.M. Present: Chairman Aguirre, Vice-Chairman O'Donnell, Commissioners Fraser and Kunzweiler Absent: None Staff Present: Community Development Director Anderson ORAL COMMUNICATIONS None COMMISSION AND STAFF BRIEFING Staff Update - Director Anderson said the next Commission meeting is scheduled for January 9th and one of the items on that agenda will be zoning text amendments that will be part of the Town's "green building" regulations. Commission Information Items - None 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 Director of Community Development Anderson said the project is a proposal for a 660 square foot European gourmet food imports and wine tasting business, "Prima Palate," to be located at 84 Main Street in downtown Tiburon. The prior use at this location was an art gallery. Wine tasting would be provided, but applicants are not proposing to sell wine by the glass; however, they would provide wine tasting and purchase of wine by the bottle. No food preparation or cooking would occur on-site. The proposed hours of operation would be TIBURON PLANNING COMMISSION MINUTES December 12, 2007 MINUTES # 955 Page 1 Wednesday through Monday, l1AM to 7PM, and closed Tuesdays. The applicants have indicated that they would be the only employees associated with the business. A conditional use permit is required because the proposed use is significantly different in nature than the prior use and includes retail sale of alcohol (wine) as well as the serving of alcoholic beverages for consumption on the premises. Staff finds that the use would be compatible with other uses in the area and there have been no complaints associated with similar uses in Tiburon. Regarding parking, the proposed use would be similar to a retail sales use with a requirement of 1 space per 250 square feet of floor area, or a total of 3 spaces. Parking is located on-site in the Main Street Parking Lot and there are also some street parking spaces along Upper Main Street. There is no outdoor use associated with the proposal; no one will be allowed to take open spirits outside the business; there would be no noise or music impacts; and staff has included conditions to this effect. Director Anderson recommended that the Commission open the public hearing, take any testimony, and approve the use permit subject to the conditions contained in the attached resolution. Chairman Aguirre opened the public hearing. Cate Hughes, applicant, briefly described the types of foods, wine and retail sales proposed as part of the application, and said they are excited to open for business. Gary Lucas, property manager for the building owner, Zelinsky Properties, said the proposed use was a great opportunity for Tiburon to enjoy a nice wine, cheese and specialty store, and he felt it was a benefit for the downtown. Commissioner Fraser felt the application met all Town requirements, would add to the diversity of the downtown uses, and supported the application. Vice-Chairman O'Donnell echoed Commissioner Fraser's comments and welcomed Ms. Hughes to Tiburon. Commissioner Kunzweiler agreed, and further suggested adding some flexibility to the hours of operation set forth in Condition #5 in order for the use to remain open to accommodate community events, such as Friday Nights on Main Street. No being no one else wishing to speak, the public hearing was closed. Ms. Hughes said they would appreciate remaining open during such events and stated that they are respectful of operating hour limits. They do not want to create a "bar" atmosphere and thanked the Commission for their support. TIBURON PLANNING COMMISSION MINUTES December 12, 2007 MINUTES # 955 Page 2 Chairman Aguirre voiced his support for the application and the amendment to Condition #5 of the resolution regarding hours of operation. He referred to item 1 of the resolution and asked that the words "here to" be changed to "hereto". ACTION: M/S (O'Donnell/Fraser) to adopt the resolution as amended to add flexibility to the operating hours and correct the typographic error. Motion carried 4-0. DISCUSSION ITEMS 2. REVIEW AND COMMENT ON PROPOSED FORMAT FOR DRAFT ENVIRONMENT AL IMPACT REPORT FOR AL T A ROBLES RESIDENTIAL PROJECT Director Anderson said the DEIR format issue was discussed during the scoping session for the Alta Robles project, and it was agreed that Staff would return to the Commission prior to the EIR being far underway to review ideas for an improved format for the DEIR document. He said that the following format has been established thus far: ~ An operable three-ring binder will be used; ~ Tabbed and labeled section dividers will be used; ~ Pages will be numbered consecutively as 1, 2, 3, etc.; ~ When cross-referencing other sections or impacts and mitigation measures, a full use of the title of the section or impact will be used in order to more easily locate the reference in the document; if possible, page numbers will be used in such references; ~ The DEIR will include a glossary and list of acronyms. Director Anderson stated that a draft Table of Contents for the DEIR is attached as Exhibit 1 to the staff report. Director Anderson said staff is also working with the EIR consultant on the formatting of the FEIR document, as this subsequent volume would include similar formatting. He thanked former Planning Commissioner Collins (now Councilmember Collins) for his many format ions, asked for additional comments from the Commission regarding the EIR format, and noted a representative of the applicant was present in the audience. Commissioner Kunzweiler said he liked the changes, felt staff tackled the letters and cross references to where issues are addressed or resolved very well, but he questioned how changes were highlighted based on statements made in the DEIR and transferred to the FEIR. Because of the volume of TIBURON PLANNING COMMISSION MINUTES December 12, 2007 MINUTES # 955 Page 3 changes, he said it has been difficult to keep a history of the dialogue while continuing to move forward. Chair Aguirre said because of the different versions, he felt it would be difficult to annotate the changes. What could be effective is to highlight originally marked changes to the final changes. This may mean there will be two versions of the EIR; a clean and a marked version. Alternatively, each version that comes out could be marked from the previous version. Commissioner Kunzweiler suggested an electronic CD working copy of the document be made that shows all changes in Word and Commissioners could work from that. Each version could be changed as marked and placed on a CD which he felt would address the excessive amount of paper. Vice-Chairman O'Donnell felt with the binder system, references and outline, it will be an easier document to work with and perhaps the process may not be exactly right, but the Commission will be moving in the right direction. Commissioner Kunzweiler felt references in notes to the changes made was harder to do and more cumbersome than simply showing a marked document that tracks changes via Microsoft Word. He felt marked changes were not difficul t and various versions of changes could be kept. Director Anderson said staff has not discussed the idea of creating various marked change versions with the consultant. He said in the past, this is how EIR's were done; they would strike through the old section and type in the new information, but changes made were so few that it was easy to do at that time. He said it can be done, but it may be very messy. Vice-Chairman O'Donnell mentioned that the recent Kol Shofar EIR suffered from many redundancies of information and hoped to avoid that in the future. He noted that Sections 2.1 and 3.2 on the draft table of contents for the Alta Robles EIR seemed duplicative, both being labeled Project Description. Director Anderson noted that the Summary section (2.1) would be approximately one paragraph long, whereas Section 3.2 would be many pages long. One is merely an executive summary of the other. Chairman Aguirre felt it was important to introduce the document with a summary so that the person reading it could initially grasp the issues if they did not have time to read through the entire document. He did not support pushing the Summary of Findings too far back into the document and felt it was helpful to locate it in the front. He suggested flipping Section 3 in front of Section 2. He also felt missing in the Summary was the significant, unavoidable impacts, which he felt should be summarized up front. Director TlBURON PLANNING COMMISSION MINUTES December 12, 2007 MINUTES # 955 Page 4 Anderson noted this list would be located under 2.3; Significant Impacts, which would differentiate between those significant impacts that were capable of being mitigated and those that were found to be unavoidable. Vice-Chairman O'Donnell asked if a "rules of engagement" type of document could be created or posted at hearings in order for people to understand that topics such as color and materials details are not going to be discussed at the DEIR hearing. Commissioner Fraser suggested an announcement or a simple rules document, perhaps on an easel or on the wall, which could alert the public that the purpose of the meeting is to discuss the environmental effects of the project proposed and hold discussion on alternatives. Commissioner Kunzweiler asked whether the issue of house design is germane to the EIR discussion by the Commission. He noted that typically, the EIR does not deal with specific design of houses, but may discuss aesthetics, location, shapes and sizes. Director Anderson agreed that to the extent that information known about the project can be extrapolated into environmental impacts, it is fair game to discuss aesthetics that may affect location, shapes and sizes or dimensions. Commissioner Kunzweiler stated that in the case of the Alta Robles project, the applicant has committed to specific house designs as part of the project description. Regarding the Alta Robles project, the Commission asked if the EIR completion date is known at this time. Director Anderson responded that no firm date has been established and that geotechnical studies of the site are not yet completed. Chairman Aguirre referred to Section 1.2 "EIR Objectivity", and he questioned and confirmed it was correct and should not be changed to "EIR Objective. " Public Comments: Scott Hochstrasser, the applicant's planning consultant for the Alta Robles project, commented that he appreciates the Commission discussing the organization of the EIR and liked the idea of switching the order of the Summary and Findings section with the Project Description section because it eliminates redundancy. He also suggested that the separate Land Use Planning section should be folded into the Environmental Setting, Impacts and Mitigation Measures section. Hochstrasser also stated that on the second page of the draft outline, under Section 5.8 Visual Resources, the Visual Impact Analysis section should discuss the design element of the project, as he felt this was an opportunity TIBURON PLANNING COMMISSION MINUTES December 12, 2007 MINUTES # 955 Page 5 area for some discussion of how the project design would reduce environmental impacts. He suggested changing the title of that section to Visual Resources and Design Elements. Traditionally, EIR Visual Impact sections talk about contrast, color, materials, and design elements, and he thought this project would allow for further refinement as the house designs are specified. Hochstrasser also stated that with respect to the geology work, they finished all sampling, the lab work is done, and the write-up is being prepared. He believed that the EIR consultant was well underway on many of the sections of the DEIR. Lastly, he felt it was important to look at the CEQA guidelines and focus on what the process is as set forth in CEQA, because CEQA provides three possible times for change to the EIR: 1) the administrative draft, which staff reviews but is not available to the public; 2) the Draft EIR, which is released for public comment; and 3) the Final EIR when responses to comments are provided and EIR changes can be made. Changes that occur between the Draft EIR and the Final EIR include public testimony and any changes incorporated. Therefore, there should not be several reiterations of documents, but solely the Draft EIR and then the Final EIR. He noted that one area where opportunities are missed is that the applicant is often not involved in the preparation of the Alternatives Section. The applicant is not often given the benefit of some of the impact analysis and then asked to participate in developing Alternatives to the project in the EIR. The applicant returns and tries to come up with a project that does not have significant impacts; this often leads to additional EIR volumes or addenda. He thought if there was an opportunity for the applicant to be involved in the Alternatives Analysis in the DEIR, there would not be so many versions of changes, but he was not sure how best to do this. Commissioners responded that there were reasons why some Draft EIR's needed to be re-circulated. The Commission thought that having the applicant involved in the alternatives analysis would be helpful, but voiced concerns over transparency issues, the ability for public input, and the applicant's standing. They felt the consultant should arrive at the alternatives, allow the applicant to provide input and allow the consultant to exercise their discretion and judgment as to whether or not to take the input. Director Anderson agreed that applicant input could be helpful, and said applicants are likely to only spend significant energy on one alternative and there will be a range of alternatives developed by the consultant and staff to choose from, so he did not feel that would compromise the process. TIBURON PLANNING COMMISSION MINUTES December 12, 2007 MINUTES # 955 Page 6 With respect to the Land Use and Planning section, he noted that many firms do incorporate this analysis into the strict topical areas, where the Land Use and Planning section is usually very small because the consultant is only looking to see basic consistency with the land use designation in the General Plan. The General Plan and Policy consistency analysis that the Town of Tiburon requires the EIR consultant to prepare is far more extensive than that, but it is the Commission and Council who ultimately decide whether a project is in conformance or not. This is why the Town requires a separate section for Land Use and Planning analysis. It is not an impact analysis per se, but rather a policy analysis. MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of November 14, 2007 Commissioner Fraser requested the following amendments: Page 5, top of page: "Commissioner Fraser said the stairwell actually steps down, and from the contour of the land, he believed that the height would not exceed 25 feet." ACTION: It was MIS (Kunzweiler/Fraser) to approve the Minutes of November 14, 2007, as amended. Vote: 3-0-1 (Aguirre abstained). ADJOURNMENT The Planning Commission adjourned the meeting at 8:40 p.m. to the next regular meeting on January 9, 2008. AL AGUIRRE, CHAIRMAN ATTEST: SCOTT ANDERSON, SECRETARY (ACTING) TlBURON PLANNING COMMISSION MINUTES December 12, 2007 MINUTES # 955 Page 7 II-I DIGEST TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting January 9, 2008 - 7:30 PM ACTION MINUTES CALL TO ORDER AND ROLL CALL 7:30 PM Present: Chairman Aguirre, Vice Chairman O'Donnell, Commissioner Fraser, Commissioner Kunzweiler Absent: None Ex-Officio: Planning Manager Watrous, Assistant Planner Phillips, Minutes Secretary Harper ORAL COMMUNICATIONS 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. There Were None COMMISSION AND STAFF BRIEFING None Staff Update Commission Information Items PUBLIC HEARING 1. GREEN BUILDING PROGRAM REGULATIONS: CONSIDER RECOMMENDATION TO TOWN COUNCIL TO ADOPT MUNICIPAL CODE AMENDMENTS TO CHAPTER 13 (BUILDING) AND CHAPTER 16 (ZONING), AND TAKE RELATED ACTIONS TO ADOPT GREEN BUILDING AND ENERGY EFFICIENCY REGULATIONS AND ADOPT ADDITIONAL ZONING TEXT AMENDMENTS RELATED TO REMODELS AND WIRELESS COMMUNICATION FACILITY PERMIT DURATIONS Continued to January 23.20084-0 MINUTES 2. PLANNING COMMISSION MINUTES - Regular Meeting of December 12, 2007 ADDroved as Amended 4-0 ADJOURNMENT 8:45 PM DESIGN REVIEW BOARD AGENDA DIGEST (J, TOWN OF TmURON 1505 TmURON BOULEVARD TIBURON, CA 94920 DATE: 1/17/08 MEETING TIME 7:00 P.M. AGENDA NO.: #1 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 out for 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, Frymier, Glassner and Teiser B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. CONSENT CALENDAR 1. 2. 1601 Tiburon Blvd. 114 Main Street Zelinsky/B. of A Sign Pennit Zelinsky/Carew Sign Permit E. OLD BUSINESS BEFORE THE BOARD 3. 4. 5. 6. 7. 9 Burrell Court 85 East View Ave. 3 Southridge Drive 13 Roseville Court 65 Rolling Hills Rd. Hariri Hoppe Peitz Van Dusen Tarantino AdditionsNarianceIFloor Area Exception CONTINUED TO 2/7/08 New Dwelling/V arianceslFl.Area Exception CONTINUED TO 2/21/08 New Dwelling Cabana/PoolNariance New Dwelling/V ariances F. NEW BUSINESS BEFORE THE BOARD 8. 9. 4639 Paradise Drive 5 St. Bernard Lane Rhodes Bastanmehr Additions REMANDED TO STAFF New Dwelling G. APPROVAL OF MINUTES #22 OF THE 12/20/07 DESIGN REVIEW BOARD MEETING H. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** 13J D"G .:1 "~S..li'" ..... T ACTION MINUTES #1 TIBURON DESIGN REVIEW BOARD THURSDAY, JANUARY 17,2008 1505 TIBURON BOULEVARD A. ROLL CALL: Present: Chair Doyle, Boardmembers Corcoran, Frymier, Glassner and Teiser Absent: None Ex-Officio: Planning Manager Watrous, Assistant Planner Phillips and Minutes Clerk Harper B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. CONSENT CALENDAR 1. 2. 1601 Tiburon Blvd. Zelinsky/B. of A 114 Main Street Zelinsky/Carew. Sign Permit APPROVED Sign Permit APPROVED E. OLD BUSINESS BEFORE THE BOARD 3. 9 Burrell Court Hariri AdditionsN ariance/Floor Area Exception CONTINUED TO 2/7/08 New DwellingN ariances/Floor Area Exception CONTINUED TO 2/21/08 New Dwelling APPROVED CabanaIPoolNariance CONTINUED TO 2/7/08 New DwellingNariances CONTINUED TO 2/7/08 4. 85 East View Ave. Hoppe 5. 6. 7. 3 Southridge Drive Peitz 13 Roseville Court Van Dusen 65 Rolling Hills Rd. Tarantino F. NEW BUSINESS BEFORE THE BOARD 8. 9. 4639 Paradise Drive Rhodes 5 St. Bernard Lane Bastanmehr Additions REMANDED TO STAFF New Dwelling APPROVED G. APPROVAL OF MINUTES #22 OF THE 12/20/07 DESIGN REVIEW BOARD MEETING H. ADJOURNMENT - 10:45 P.M. TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting January 23, 2008 (If, DIGEST ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Division Secretary at (415) 435-7390. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAilABILITY OF INFORMATION Copies of all Planning Commission Agendas, Staff Reports, and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and Staff Reports are also available on the Tiburon website (www.cLtiburon.ca.us) after 5:00 PM on the Friday prior to the regularly scheduled meeting. Any documents produced by the Town and distributed to a majority of the Planning Commission 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 Commission meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on agenda items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Planning Commission at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Planning Commission attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Planning Commission agenda. AGENDA CALL TO ORDER AND ROLL CALL Chairman Aguirre, Vice Chairman O'Donnell, Commissioner Fraser, Commissioner Kunzweiler ORAL COMMUNICATIONS 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 Agenda - Planning Commission Meeting January 23, 2008 Page 2 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. GREEN BUILDING PROGRAM REGULATIONS: CONSIDER RECOMMENDATION TO TOWN COUNCIL TO ADOPT MUNICIPAL CODE AMENDMENTS TO CHAPTER 13 (BUILDING) AND CHAPTER 16 (ZONING) AND TAKE RELATED ACTIONS TO ADOPT GREEN BUILDING AND ENERGY EFFICIENCY REGULATIONS AND ADOPT ADDITIONAL ZONING TEXT AMENDMENTS RELATED TO REMODELS AND WIRELESS COMMUNICATION FACILITY PERMIT DURATIONS Continued without Discussion until February 13, 2008 2. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL FOR APPROVAL OF TEXT AMENDMENTS TO CHAPTER 16 OF THE TIBURON MUNICIPAL CODE (ZONING) FOR CHANGES TO THE NEIGHBORHOOD COMMERCIAL (NC) AND VILLAGE COMMERCIAL (VC) ZONING DISTRICTS; FILE NO. Z2008-02 DISCUSSION ITEMS 3. REVIEW AND COMMENT ON DRAFT RE-WRITE OF CHAPTER 13B OF THE TIBURON MUNICIPAL CODE (HISTORIC LANDMARKS) MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of January 9, 2008 ADJOURNMENT Future Aaenda Items Ling Precise Development Plan (February 13) Tiburon Peninsula Club - Review of CUP (TSD) a012308 IS~ ()IG~ ~8-r MINUTES #22 TmURON DESIGN REVEW BOARD MEETING OF DECEMBER 20, 2007 The meeting was opened at 7:02 p.m. by Boardmember Teiser. A. ROLL CALL Present: Acting Chair Teiser, Boardmembers Corcoran and Glassner Absent: Chair Doyle and Vice-Chair Frymier Ex-Officio: Planning Manager Watrous, Associate Planner Tyler and Minutes Secretary Harper B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous stated that the application for 63 Paseo Mirasol has been withdrawn and that the January 3,2008 Board meeting has been canceled. He noted that the Town Council will hear the appeal for 78 Red Hill Circle on January 16,2008, the appeal for 275 Diviso on February 6, 2008, and the Kol Shofar appeal on February 20, 2008. D. OLD BUSINESS BEFORE THE BOARD 1. 3 SOUTHRIDGE DRIVE PEITZ, NEW DWELLING Boardmember Corcoran said he would need to recuse himself as he lives within 500 feet of the subject property. It was the consensus of the Board to table the item until later in the meeting in the hope that Chair Doyle would arrive. The applicant agreed and the item was tabled. E. NEW BUSINESS BEFORE THE BOARD 2. 132 HACIENDA DRIVE MILANO, ADDITIONSN ARIANCE 132 HACIENDA DRIVE LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCESIEXCEPTION ROGER MILANO EXISTING PROPOSED REQUIRED 28,436 S.F. NA NA 3,602 3,790 4,844 MAX 10.1% 10.7% 15.0% MAX 28' 28' 30' MAX 3' & 6'6" 3' & 6'6" 15' 30' 30' 30' 98' 98' 25' REDUCED SIDE YARD SETBACK TIBURON D.R.B. MINUTES #22 12/20/07 A request has been submitted for the construction of an addition to an existing sing le- family dwelling with a variance for reduced side yard setback on the property located at 132 Hacienda Drive. The area of expansion proposed is located on the lower level of the home, in which the applicant seeks to expand the existing master bedroom. The area of expansion would also create a new deck for the level above, accessible through the existing dining room. A variance is requested for reduced side yard setback. Mohamad Sadrieh, architect, described the proposed addition as modest and said the two reasons for the addition are that the current master bedroom is very long and narrow and there is no location to put a barbeque outside of the house. He felt that the findings could be made to approve the variance due to the narrow configuration that would result for the master bedroom if they had to comply with the setback. Boardmember T eiser opened the public hearing, and there were no comments. Boardmember Corcoran stated that this was a modest proposal that would be easy to approve if no variance was requested. He felt that it would be hard to find an unnecessary hardship because of the area for a barbecue and the narrowness of the master bedroom. Boardmember Glassner stated that a deep encroachment was requested and agreed that a lack of an area for a barbecue did not qualify as a hardship. Boardmember T eiser said he believed that the required setback created a practical difficulty in expanding the bedroom due to its current design and he could make this finding. He noted that no neighbors would be affected by the addition. Boardmembers Corcoran and Glassner agreed that the fmding for practical difficulty could be made. ACTION: It was M/S (Glassner/Corcoran) that the project is exempt from the provisions of the California Environmental Quality Act and approving the project with the attached conditions of approval. Vote: 3-0. 3. 63 PASEO MIRASOL NOLAN, POOL HOUSEN ARIANCEIFLOOR AREA EXCEPTION - WITHDRAWN TIBURON n.R.B. MINUTES #22 12/20/07 2 4. 70 PINE TERRACE GROVE, NEW DWELLINGN ARIANCE 70 PINE TERRACE TAYLOR GROVE EXISTING PROPOSED REQUIRED 6,787 S.F. NA NA 1,280 1,923 2,375 MAX 24.7% 38.5% 30.0% MAX 15' 20' 30' MAX 6'" & 2'6" 4' & 4' 8' . 28' 26' 15' 9' 3' 19' REDUCED SIDE AND REAR YARD SETBACKS AND EXCESS LOT COVERAGE LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCES/EXCEPTION A request has been made for construction of a new s ing le- family dwelling with variances for reduced rear and side yard setbacks and excess lot coverage, on property located at 70 Pine Terrace. The proposed one-story dwelling would include a living room, dining room, kitchen, laundry room, three bedrooms and a two-car garage. A deck would extend off the living room at the rear of the dwelling, which would include an outdoor spa. Taylor Grove stated that this is a small, flat lot which is adjacent to the multi-use path, and said that his home was built in 1963 when the railroad still bordered the site. He said that the builder put the living room and master bedroom in front away from the railroad and away from the bay view and the existing home is the smallest in the Pine Terrace subdivision. He stated that the multi-use path is 7 feet above his lot which blocks the view to the bay. He said that he had previously designed a new two-story home but it lacked full support from the neighbors, so he now proposes to build an elevated, one-story house which would be high enough for him to see the bay above the multi-use path and at the same time, not affect views of others. He added that the slightly higher grade and improved drainage would also eliminate existing problems with standing water on the site. He noted that the Pine Terrace lots were approved in 1962 under County guidelines, which do not satisfy the Town's minimum lot size or setbacks. Because his lot is so small and narrow in the front, he said that the proposed home had to be pushed back. He said that the home would be shielded by trees and shrubs which they will trim for views and will be less exposed to the multi-use path than the recently expanded home at 30 Bayshore Terrace. He stated that he spent the last few years discussing the proposal with neighbors to ensure the plan was acceptable, with revisions made based on neighbor input. The public hearing was opened. Jim Bush, said that he is an immediate neighbor and shares a driveway with the applicant. He said that Mr. Gove has done a great job with the plans and in working with neighbors. Mr. Bush wanted to ensure that the access to and from his house will be the same as it is now. He said his only concern involves a small planting area which could make it difficult when backing up his car. Otherwise, he supported approval of the project. TIBURON D.R.B. MINUTES #22 12/20/07 3 Peter Logan stated that he represented Beth Log~ who lives above the site at 8 Felipa Court as well as Karen Lindgren. He stated that he served on the Design Review Board, Planning Commission and Town Council. He stated that the applicant proposes to achieve a water view which he did not have when he purchased the home. He displayed a series of photos, showing what would happen to Ms. Logan's water view if the proposal were approved. He noted that a hedge that runs along Tiburon Boulevard has historically been trimmed, but today is about 2 feet higher than it is ordinarily. He said that the applicant's proposal to increase the roofline by 5 feet would extend the home above the power lines into Ms. Logan's water view. He also noted that the chimney would be moved to the center of the home which would be directly in line with Ms. Logan's view of the water. He stated that dwing the years he served the Town, efforts were made to ensure that the existing views of the water were not negatively impacted, especially when people were trying to gain a view through the design review process that they did not have originally. He said that Ms. Logan's home was built to ensure the homes uphill would retain their water views and if the Board approves the proposal, other homes in the area may eventually try to request to extend into other water views. Boardmember Corcoran confIrmed that the photographs represented Ms. Logan's principle views from her living room, dining room and adjacent family room. Mr. Logan added that the applicant is proposing to install a series of 25- foot trees which could also intrude into water views. Mr. Logan stated that the applicant had indicated that the height of the roof could be reduced by 24 inches, but this would still result in an unreasonable impact on views. Beth Logan stated that she spoke on behalf of April Court and Karen Lindgren, and said that if the trees and hedge were trimmed, the proposed house would also affect these neighbors' views. Mr. Grove displayed additional photos showing views toward his house. He described his discussions with Ms. Logan. He said that he had gone to her house and asked if she would support the two-story house proposal. After she expressed concerns about her view of the second story, he said that he proposed an elevated one-story house which would be high enough for him to see the bay without affecting her view. He said that she voiced no objection but then, but again recently said that she had second thoughts and asked him to take another look at her view. He said that trees that now block Ms. Logan's view were much lower in the older photos presented and he assumed she was not as concerned with her view until he discussed his proposed plans. He said he has lived in Pine Terrace for 19 years and Ms. Logan has never asked him to cut any trees until this year, and only after he mentioned the plans for his new home. He said that Felipa Court is over 300 feet from his house and his home appears very small when viewed from that distance. The public hearing was closed. Boardmember Glassner said he thinks the plan has gone through its genesis. He felt the view blockages are not as egregious as presented in the photos submitted by Mr. Logan. He said that the house is near the end of its effective life. He said that the house design is not overly complex and takes advantage of its site. He felt that the applicant has made diplomatic attempts to work with the neighbors and he could support the project. TIDURON D.R.D. MINUTES #22 12/20/07 4 Boardmember Corcoran said he was somewhat bothered by how close the house would be to the rear property line, although the 3 foot setback represented only one comer of the house. He acknowledged that the applicant had gone above and beyond in reaching out to neighbors and noted that the story poles were up for a long time. He said that he was sympathetic to some loss of water views, but he noted that these homes were built next to a railroad in a completely different era. He believed that Pine Terrace residents should be able to raise their homes and take advantage of the water view. He said that there would be not much difference in the impact on water views if the house was raised 2 feet instead of 5 feet. Boardmember Teiser said he felt it was immaterial whether or not Ms. Logan asked for trees or hedges to be trimmed over the years. He stated that the Hillside Guidelines state that foreground views are not as important as broad distant views and this project would have a minimal impact to a foreground view. He said that the house would block only a small portion of water views and would be a minimal intrusion for the neighbors. ACTION: It was MIS (Corcoran/Glassner) that the project is exempt from the California Environmental Quality Act and approving the project with the attached conditions of approvaL Vote: 3-0. 5. 65 ROLLING mLLS ROAD TARANTINO, NEW DWELLINGN ARIANCE 65 ROLLING HILLS ROAD LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCESIEXCEPfION JAMES TARANTINO EXISTING PROPOSED REQUIRED 22,248 S.F. NA NA 3,069 3,746 4,225 MAX 15.8% 15.9% 15.0% MAX 22'10" 29'6" 30' MAX 10' & 12' 9' & 12' 15' 46' 46' 30' 27' 28' 25' REDUCED FRONT AND SIDE YARD SETBACKS A request has been made to construct additions to an existing one-story single-family dwelling on property located at 65 Rolling Hills Road. The subject property is currently developed with a single-family dwelling. As more than 50 percent of the existing structure would be demolished as part of the project, the application is being processed as a new single-family dwelling. The main level the existing house would be substantially reconfigured. The existing master bedroom suite would be expanded and converted into a new bedroom, bathroom and laundry room. The living room, kitchen an dining room would be reconfigured, with a two-story height ceiling above the living room. The west wing would be modified from three bedrooms, two bathrooms and an exercise room into two bedrooms and bathrooms. A new second story master bedroom suite would be constructed above the western wing of the house. The existing swimming pool in the front yard would be replaced with a new pool and a 5 foot tall wire fence would be installed TIBURON D.R.B. MINUTES #22 12/20/07 5 for safety purposes. One new skylight would be installed on the roof of the house. Variances are requested for reduced front and side yard setbacks. Nick Noyes, architect, said he met with Ms. Fisher and Mr. and Ms. Berry; the two most affected property owners. In response to their concerns he presented both the submitted plans and a new proposal. He said that they would pull the second floor out of the setback, and break up the mass with horizontal and vertical elements. They changed materials to a stained cedar and incorporated glass, cedar, and stucco to create articulation. He noted a minor error in the staff report which should indicate, "Given the uphill location the house will not interfere with views." The public hearing was opened. Robin Fisher said she lives next door to the proposed house and their main concern is the comer of the house. She said that it was difficult to understand the difference was between the current and previous proposals. Kevin Fisher said he appreciated the applicant's efforts, but was still trying to understand the impact the proposal's second story, the extent of the overhang and roofline, and what the story poles represented. Boardmember Teiser said he visited the Fisher's home and it seemed that most of the impact would not be noticeable from their interior space but from recreational space on the deck. Mr. Fisher said that having a second-story hanging over the area would impact their deck, pool and spa area. He said that he can see the top of the story poles while standing in their living room looking out south and he felt this impact their view to the city and the water from their living room, as well as from their upper and lower decks. Bill Berry said he is a downhill neighbor, said they sent a letter regarding the mass of the structure and its overhanging effect on their privacy. He commended the applicant and owner in taking this into account but felt the roofline would still loom over their property. He said the comer of the house would be straight uphill from their garage. He requested that the roofline be moved back a few feet and have the building mass broken up with planting. He said that he would much rather see the entire second story on the other wing of the house where it would not bother any of the neighbors, but he was not sure this could be done. Boardmember Corcoran asked if the Fishers could look up and view the home from any interior spaces. Mr. Berry said they have skylights in the kitchen and master bathroom where they can see the story poles very clearly, and he thought moving the roofline back a few feet might help. Boardmember Teiser said his impression when visiting Mr. Berry's home was that the issue was more one of privacy in the back yard. Mr. Berry agreed and said their house is configured for the views, and not toward uphill. He said that they worked with the original owner of the house to grow a hedge at the right height to add privacy, but the proposed second story would make the hedge irrelevant. TIBURON D.R.B. MINUTES #22 12/20/07 6 Rita Burgess said the proposal would not affect their home much and asked about the roof height. She stated that the Hillside Design Guidelines address concerns with continuous mass, and that the story poles can be seen from Tiburon Boulevard. She thanked the applicants for addressing the building mass but said that she wanted a better understanding of the roof height, materials, and to further break up the building mass. Mr. Noyes clarified the location of the story poles. He said that to address concerns about the extensive roof overhangs, they have cut the roofback 2'8", leaving only an 8" overhang. He said the comer of the interior space has been also changed and hopefully would not loom over the Burgess' property at all. He said the deck railing would also help introduce new material and create a visual screen. In response to a question from Boardmember Corcoran, Mr. Noyes indicated windows that would have opaque glass, ribbed glass or frosted windows to alleviate privacy concerns. He stated that building the two-story structure on the opposite side of the house would create an eyesore. The public hearing was closed. Boardmember Glassner believed that the project is a work in progress, with the applicant trying to work things through with the neighbors. He said that although the owner and architect are making great efforts, he found it difficult to understand the revisions. He suggested that the applicant and owner continue to work with the neighbors and return with a plan that is more complete. Boardmember Corcoran stated that it would be helpful to have more detailed and accurate story poles. He stated that moving the addition back 3 feet without pulling back the roofline would not create the stepping effect recommended by the Hillside Guidelines. He felt that there were a lot of vertical planes and glass that would appear massive from the Berrys' property. He also noted that the Hillside Guidelines discourage windows that go from floor to ceiling. He felt the design was beautiful, but he did not feel the proposal complied with the Hillside Guidelines or other T own guidelines. He thought the proposal would appear very massive and he suggested pushing the proposal back. He understood that the applicant wants to keep the proposal on the same foundation, but the site has a beautiful view regardless. He therefore asked the applicant to step the entire structure back into the hillside to minimize impacts to those living above and below. Boardmember Teiser echoed Boardmember Glassner's comment that the project is a work in progress and should be continued. He requested that the applicant submit formal plans for the proposal. He appreciated the revisions, but stated that there is an opportunity for more work to be done with the neighbors. He felt that more of the house could encroach into the pool area and the house design could be better articulated so that it would be less imposing from the Berrys' property. He said that the landscape plan was unclear, particularly about which trees were new and proposed. He suggested that the applicant not try to maintain everything on the exact same foundation and to pull the proposal to the east and the second floor away from the Berrys. Boardmember Corcoran said he did not want to make the project economically unfeasible, but that some tradeoffs come with requests for second story construction. TIBURON D.R.B. MINUTES #22 12/20/07 7 Mr. Noyes asked if the shadow cast by a 3 foot overhang was a positive thing to help break up the mass. Boardmember Corcoran said it is a nice aesthetic feature but it does not comply with the Hillside Guidelines. ACTION: It was MIS (Corcoran/Glassner) to continue the application to the January 17, 2008 meeting. Vote: 3-0. 1. 3 SOUTHRIDGE DRIVE PEITZ, NEW DWELLING 3 SOUTHRIDGE DRIVE LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCESIEXCEPTION THOMAS AND SUSAN PEITZ EXISTING PROPOSED REQUIRED 16,253 S.F. NA NA NA 3,594 3,625 MAX NA 17.3% NA NA 25'10" 30' MAX NA 15' & 10'9" 15' & 10' NA 20' 20' NA 90' 25' NONE Boardmember Corcoran recused himself from this item. The applicant is requesting Design Review approval for the construction of a new two-story sing le- family dwelling on property located at 3 Southridge Drive. The subject property is currently vacant. This application was reviewed at the November 1, 2007 Design Review Board meeting. At that meeting, objections were raised by several neighboring property owners regarding the height, roofmg materials, parking, drainage and potential view impacts that could be caused by the proposed house. The Design Review Board recognized the difficulty of building on the last vacant lot in this subdivision and felt that the house should be lowered and possibly stepped down on the property. The application was continued to the December 6 meeting. The applicant subsequently requested a further continuance to the December 20 meeting. Revised plans have now been submitted plans which lower the house to a maximum building height of 25 feet, 10 inches, and an overall reduction in the ridgeline elevation of 4 feet, 5 inches. The trellis would be moved to the center of the rear of the house and additional shrubs would be planted along the southern property line facing the homes at 1 & 3 Cayford Drive. The footprint, floor area and exterior colors and materials of the house would remain the same as the previously submitted plans. Planning Manager Watrous confirmed that if the Design Review Board begins the meeting with a quorum, it can continue with less than a quorum with two members. He recommended the Board ask the applicant whether or not he wished to proceed with two Boardmembers present or continue the matter without a hearing. The applicant agreed to proceed with the hearing. Ron Wager, architect, said that in response to comments from the last meeting, they stepped the house downhill, lowered the garage to step down to the main level, pulled the upper level down TIBURON D.R.B. MINUTES #22 12/20/07 8 and changed the slope of the roof. He stated that they also put in heavy landscaping to mitigate view and privacy issues, revised the drainage plan and also moved the trellis out of view. Susan Peitz said that their primary objective is to get along with all of the neighbors and that they have met with them four times as a group and many times one-on-one. She said that they have spent a lot of time and some expense compromising and making changes. She said that the compromises have changed the livability of the house, such as decreasing the height of the children's bedrooms and removing a play area to the back. She said that the size of the home would be similar to the average size and height of the other houses in the cul-de-sac and on Cayford Drive. She said that lower the house an additional 2.5 feet would require immense expense, time, and a complete redesign. She stated that the revised project has been carefully considered and approved by the Architectural Control Committee of the homeowner's association. The public hearing was opened. Chris Ventris said that he feels bad that the Architectural Control Committee approved the project yet the neighbors are continuing in opposing the design. He said the owners did not approach him about the design and did not take preservation of his views into consideration. He presented pictures of the story poles and said that their objection is the blockage of the main vista view from their primary living area. He suggested that the house take advantage of the remainder of the building envelope to avoid impacting their views. Arthur Gimmy, member of the Architectural Control Committee, said he is a former member of the Design Review Board and Planning Commission, a real estate consultant, and member of the American Planning Association for over 25 years. He stated that he reviewed the various houses within the cul-de-sac and believed that the proposed house should be pushed back to the west by about 10 feet which would add more parking area, provide a better appearance to the cul-de-sac and reduce the visual massiveness of the house. Diane Nhuch said she lives in a house that is set further back from the street. She said that the story poles make the proposal appear to be very close to the cul-de-sac. She said that it is impossible to park in the cul-de-sac and that the mass of the proposed house would close off the appearance of the cul-de-sac. She asked that the house be pushed back to give a better look and feel from the street. Rob Margolin said he sold the lot to the Speitz's and agreed that the issue of where it sits on the cul-de-sac is controversial. He said that having the house closer to the street would help his view. He was concerned that other neighbors would be affected if the house was moved. He commended the applicants for lowering the house, felt the bulk had been reduced and supported the proposal as is. . Boardmember Glassner asked what has been done for overflow and guest parking in the area. Mr. Margolin said there is no parking in the cul-de-sac, but there is a fair amount of parking on the street past the cul-de-sac and he has never experienced problems or issues involving parking. TIBURON D.R.B. MINUTES #22 12/20/07 9 Cindy Fenner stated that reducing the house height by 4.5 feet was a good start. She said that a review of the topography and historical maps reveals that the lot is 2 feet higher than when the subdivision was originally approved. She stated grading down the lot 2 feet might help with potential view impacts. She stated that the Peitz's agreed to consider a lighter roof color at the Architectural Control Committee meeting and asked if the roof color had been revised. She was not sure if the hedges to be planted were going to be high enough to address landscaping and privacy issues and asked that the Planning Division review the final landscape plans. She questioned the dates of the submitted plans and wanted to make sure the plans were the same as those reviewed by the Architectural Control Committee. Barbara Linn thanked Boardmember Teiser for visiting her property and viewing the story poles from her backyard and living areas. She stated that despite the changes she still believed that the house was too large and would not fit the lot well. She suggested further reducing the elevation and height of the house. She said that there may be a better use of the lot by spreading the house out on the site and she felt that either solution would mitigate neighbor concerns. She continued to be concerned about the windows on the south-facing side of the house, stating that all other homes in the area are at angles so no windows look into other neighbors' windows. She said that the windows would look directly into her backyard, her kitchen, family room, dining room, master bedroom and bath and an upstairs bedroom. She said that each of the rooms has east or west facing windows and felt the windows could be reduced or modified to provide adequate ventilation and lighting. She asked to reduce the impact on privacy by reducing the number of windows, raising the sills, or rotating the bedroom windows horizontally. She asked that if the project is approved, that the hedge materials be reviewed by the Planning Divisions. Lastly, she understood that the Design Review Board does not address grading or drainage issues and she said that she will follow up with the Building Division on those concerns. John Van Hooser said his concern has been the impact on his views which were well laid out in the initial staffreport. He acknowledged that the Peitz's have agreed to move the trellis to the west which will help. He was concerned that other changes to the house design, such as the placement of the house or landscaping, could further impact their view. He said that the trees that were added at Ms. Fenner's request would be directly in his view corridor ofMt. Tamalpais. Dan Weiss, contractor for the applicant, stated that they have listened very carefully to the Board and neighbors and they have done their utmost to try to satisfy as many as concerns as possible knowing they could not solve 100% of everyone's concerns. He said the plans are the exact same drawings approved by the Architectural Control Committee. He said that a lot of grading to the site is required in order to lower the house 4.5 feet. He said that they redesigned the entryway of the house and lowered the garage to get the drainage from the garage onto the cul- de-sac. He stated that the front porch area and the entrance inside the house would have a step of two risers to get down to the main floor area and that they needed to put the house on a slab to lower the floor elevation. He said that dirt would be moved to the lower portion of the site, as suggested at the previous meeting. Mr. Weiss stated that the siting of the house is tricky. He said that moving the house further back on the site would cause neighbors to lose their views ofMt. Tamalpais whether the house is a single- or two-story design. He said that moving the house back on the site would also bring TIBURON n.R.B. MINUTES #22 12/20/07 10 the house much closer to the downhill neighbors. He said that the proposed house would be sited similar to almost all homes in the subdivision except those on flat lots. He agreed to work with staff regarding landscaping. He said that they have proposed a hip roofbecause it slopes down on the sides. He stated that the major views ofMt. Tamalpais would be preserved and there is only a tip of an area that would block any view of the horizon. He said that the house would be up against the building envelope at two points and they believed that they have done as much as they can to address siting of the house. He said that excavating the site more would require a tremendous amount of site work, cost and retaining walls. He felt they have taken suggestions from the Board and incorporated those into the plan. In his opinion, the house would step back well when viewed from the street. He stated that trees were first introduced in order to satisfy the owners at 1 Cayford Drive because of privacy and could be trimmed at a height that could prevent blockage of views from all neighbors. He stated that the house would have three second story windows facing Ms. Linn's house, including one bathroom window and one toilet window, and the two children's bedroom windows have been reduced in size by 25%. The public hearing was closed. Boardmember Glassner said he believed that there will be no way to make all the neighbors happy and that siting the house on this property was very difficult. He said that the primary issues before were the height of the home, the number of windows, and the trellis, and that all of these issues have been addressed. He said that there is no way to move the house one way or the other without affecting other neighbors. He said that the trees and landscaping could be reviewed by Planning staff Lastly, he went back through his notes and felt that every one of the issues brought up by the Design Review Board had been addressed and he could support the project. Boardmember Teiser said he could not support the project. He thought the lot cries for a one- story house and that the owners are not using the space available on the lot. He stated that the lot was built up by the previous owner to be a play area and if the whole lot was brought down to the original grade, a one-story home would only block some of the view of the Margolins and eliminate all issues for the homes on Cayford Drive. He felt that the house was designed to protect the previous owner's views, and he believed that there are options that have not yet been explored. He said that the applicant only went part way toward filling the rear yard. He also suggested making the windows facing Cayford Drive smaller. He said that he did not want to vote on the application due to a stalemate (which would result in denial of the application) and because of the full Board not being present. Boardmember Glassner recommended a continuance but asked that the Board to be consistent with the direction the Board has already given the applicant such as the height reduction. He recommended continuance if the Board could not reach consensus. Boardmember Teiser said that he did not suggest going to a one-story design at the last meeting but he had thought about it. He thinks there is more opportunity to work with the property because it is a large lot. TIBURON D.R.B. MINUTES #22 12/20/07 11 ACTION: It was MIS (Glassnerffeiser) to continue the item to the January 17,2008 meeting. Vote: 2-0-1. (Corcoran recused). F. APPROVAL OF MINUTES #21 OF THE 12/6/07 DESIGN REVIEW BOARD MEETING Boardmember Corcoran requested the following amendments: . Page 4, 6th paragraph; "..more of a view privacy..." . Page 5, 3rd paragraph; "...presence ofa pool cover." . Page 9, 6th paragraph; "... was beautiful, but did not. . . " . Page 9, 6th paragraph; ..."job of reaching out to..." Boardmember Teiser requested the following amendments: · Page 6, 3rd sentence; "He felt the pool was too large and would prefer to see the pool located in the area below the existing pool area. He said that they could build the cabana into the hillside which would reduce noise for the neighbors, and the current pool area could be used as a play area for children." · Page 6, last sentence; "He supported the idea of a taller acoustical wall along the side property line, which the Board would be inclined to grant for a variance." · Page 10, add the following after the fIrst sentence; "Boardmember Teiser said he could make the fmdings, noting that the Board looks at projects on a case-by-case basis. He noted that the 13' 6" fence was not a solid wall and that it contained a gate which had open grating." ACTION: It was MIS (Glassnerlfeiser) to approve the Minutes of the December 6, 2007 meeting, as amended. Vote: 2-0. G. ADJOURNMENT The meeting was adjourned at 9:35 p.m. TIBURON D.R.B. MINUTES #22 12/20/07 12 Ted Freeman Mayor Peter Breen Vice Mayor GL. D' ".. ,.......:.. .' r T ru~~ Ford Greene Councilmember TOW N 0 SAN ANSELMO Judy House Councilmember Barbara Thornton Councilmember 525 San Anselmo Avenue, San Anselmo, CA 94960-26B.,~, ",'~, ...~ ..fro.......... n www.townofsananselmo.org [) ~C. F ~, \ ; t.r~ r~ (415) 258-4600 I Fax (415) 459-2477 n t,<: ~ V f 1---'. _..._.._.~_... I . .... ; l . 1 . I ~N,GI.F.RK \H,~~ r(~.y,~\R(,) N TOvvN OF TJBURuPT-- NOTICE OF REORGANIZATION SAN ANSELMO TOWN COUNCIL Notice is hereby given that the Town Council of the Town of San Anselmo reorganized at its Regular Meeting held on the 11th day of December 2007, as follows: Mayor Ted Freeman Vice Mayor Peter Breen Councilmember Ford Greene Councilmember Judy House Councilmember Barbara Thornton The San Anselmo Town Council holds regular meetings the 2nd and 4th Tuesdays of each month at 7:00 p.m. in Council Chambers located at 525 San Anselmo Avenue, San Anselmo, CA 94960. Dated this 12th day of December 2007 Town of San Anselmo Joanne Kessel, Administrative Services Technician THE TOWN OF CORTE MADERA MARIN COUNTY C,\UFORNIA 300 TAMALPAIS DRIVE CORTE MADERA, CA 94925-1418 www.ci.corte-madera.ca.us TOWN MANAGER TOWN COUNCIL 415-927-5050 TOWN CLERK 415-927-5086 FINANCE / Bus. LICENSE 415-927-5055 FIRE DEPARTMENT 415-927-5077 PLANNING / ZONING 415-927-5064 BUILDING INSPECTOR 415-927-5062 TOWN ENGINEER PUBLIC WORKS 415-927-5057 RECREATION DEPARTMENT 415-927-5072 SANITARY DISTRICT NO.2 415-927-5057 TWIN CITIES POLICE AUTHORITY 415-927-5150 DIGEST t) RECEIVED JAN - 7 2008 TOWN MANAGERS OFFICE TOWN OF TISURON NOTICE OF ELECTION AND REORGANIZA TION CORTE MADERA TOWN COUNCIL At the December 4, 2007 regular meeting, the two appointed members of the Town Council Alexandra Cock and Bob Ravasio were sworn in. The Corte Madera Town Council then reorganized as follows: Mayor Vice Mayor Councilmember Councilmember Councilmember Michael Lappert John Dupar Alexandra Cock Carla Condon Bob Ravasio {?/~L~ 2 ~ Christine Green, CMC Town Clerk Dated: December 21, 2007 go I d far b 1300 Clay Street, Ninth Floor lip man Oakland, California 94612 a t to r n e y S 510 836-6336 M David Kroot LAW ALERT Lee C. Rosenthal John T. Nogle Polly V. Marshall Lynn Hutchins Karen M. Tiedemann Thomas H. Webber John T. Haygood Dionne Jackson Mclean Michelle D. Brewer Jennifer K. Bell Robert C. Mills Isabel L. Brown James T. Diamond, Jr. William F. DiCamillo Margaret F. Jung Heather J. Gould Juliet E. Cox Erica Kyle Williams Amy DeVaudreuil Barbara E. Kautz Luis A. Rodriguez Xochitl Marquez Rafael Yaquian Facsimile 510 836- 1035 San Francisco 415 788-6336 Los Angeles 213627-6336 San Diego DIGEST C. RECEIVED JAN 1 4 2008 TOWN MANAGERS OFFICE TOWN OF TIBURON JANUARY 11, 2008 SB 2 MAKES MAJOR CHANGES IN LAND USE LAW REGARDING EMERGENCY SHELTERS, SUPPORTIVE AND TRANSITIONAL HOUSING Effective January 1, 2008, SB 2 (Chapter 633) requires every California city and county to engage in a more detailed analysis of emergency shelters and transitional and supportive housing in their next Housing Element revision, regulates zoning for these facilities, and broadens the scope of the Housing Accountability Act to include emergency shelters as well as supportive and transitional housing. Definitions (Government Code ~ 65582) SB 2 defines "emergency shelters" as housing for homeless persons intended for occupancy of less than six months, where no person is denied occupancy because of inability to pay. "Transitional housing" is rental housing for stays of at least six months but where the units are recirculated to another person after a set period. "Supportive housing" has no limit on the length of stay, provides supportive services, and is occupied by low-income persons with disabilities and certain other disabled persons. A state license is usually not required for supportive housing. Analysis in Housing Elements (G.C. ~ 65583) SB 2 requires a community to identify the need for emergency shelters in its Housing Element and to designate zoning districts adequate to accommodate the need. In those districts, emergency shelters must be allowed without a conditional use or other discretionary permit and are exempt from review under the California Environmental Quality Act. The local government may apply certain written, objective development and management standards, such as the number of beds and length of stay. If no zoning district exists that meets these standards, the Element must include a program to rezone within one year after the adoption of the Housing Element. 619 239-6336 Alternatively, communities may require a conditional use permit for emergency shelters if Goldfarb & Lipman LLP they already have enough emergency shelters to satisfy the need; or have entered into a partnership agreement with up to two other communities to develop an emergency shelter that will meet their collective need. The Housing Element must also analyze the need for supportive and transitional housing and describe a program to reduce constraints on the development of this housing. Supportive and transitional housing must be treated as a residential use of property, subject only to the same restrictions that apply to other housing of the same type in that zone. (For instance, supportive housing located in a single-family residence must be treated like any other single- family home.) SB 2 will apply to any Housing Element submitted to the Department of Housing and Community Development (HCD) for review for the first time after March 31, 2008, or after the due date specified in Government Code Section 65588. HCD is preparing a guide to assist local agencies in implementing SB 2. Housing Accountabilitv Act Protection SB 2 adds emergency shelters and supportive and transitional housing to the types of housing protected by the Housing Accountability Act (Government Code ~ 65589.5 - formerly the Anti-NIMBY Law), which until now covered affordable and farmworker housing. This statute strictly limits the grounds under which cities and counties may deny certain types of housing, now including emergency shelters and supportive and transitional housing. For more information on SB 2, please contact Barbara Kautz, Xochitl Marquez, or any other attorney at Goldfarb & Lipman LLP at 510-836- 6336. Law Alert is published by Goldfarb & Lipman LLP as a timely reporting service to alert clients and others of recent changes in case law, opinions or codes. This alert does not represent the legal opinion of the firm or any member of the firm on the issues described, and the information contained in this publication should not be construed as legal advice. Should further analysis or explanation of the subject matter be required, please contact the attorney with whom you normally consult. BOARD OF SUPERVISORS COUNTY OF MARIN ()IG~ ~8.,. .J. 1 SPECIAL MEETING Tuesday, January 22, 2008 Room 324 A, Marin County Civic Center NOTICE IS GIVEN that President Charles McGlashan, Marin County Board of Supervisors, has called a special meeting of the Marin County Board of Supervisors on Tuesday, January 22, 2008. The meeting will be held in Room 324 A, Civic Center, San Rafael, California. The business to be transacted at the special meeting consists of the one matter described below. AGENDA 9:00 a.m. Convene in Open Session (in Room 324 A) Convene in Closed Session 1. Appointed Department Head evaluation (County Counsel) pursuant to Government Code Section 54957. Reconvene in Open Session (in Room 324 A) Announcement from Closed Session. Copies of this notice have been hand delivered or sent via facsimile to all members of the Board of Supervisors and media outlets who have requested notice of special meetings. * * * * * * * * * * * * * * * * * * * * ~ u .,..,. ..... .... ..... - ~ ~ American sign language interpreters may be requested by calling (415) 499-6172 (TIY) or (415) 499-7331 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon written request. The agenda is available on the Internet at http://www.co.marin.ca.us/efiles/BS/AgMn/cybagnda.htm The audio portion of Board meetings is broadcast live over the Internet at http://www.co.marin.ca.us/depts/BS/audiolindex.cfm. A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message.