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Home My WebLink AboutTC Agd Pkt 2008-03-19 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard . Tiburon, CA 94920 Regular Meeting Tiburon Town Council March 19, 2008 7:30 p.m. Closed Session: 6:30 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (6:30 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) County of Marin v. Martha Company Del Mar Valley Under grounding - (3 cases) CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor Fredericks, Mayor Slavitz ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATIONS . Presentation by Library Architects EHDD regarding current expansion plans . Presentation by MMWD General Manager Paul Helliker regarding proposal for desalination plant CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Fair Housing Month - Approve request by Fair Housing of Marin to proclaim April 2008 Fair Housing Month and to commemorate the 40th anniversary of the passage of the Federal Fair Housing Act (Town Clerk Crane Iacopi) 2. Commendation regarding recent Belvedere~ Tiburon Child Care Center Fire - Adopt commendation for members of the Belvedere~ Tiburon Child Care Center for their actions in the recent fire (Vice Mayor Fredericks) 3. Marin Climate and Energy Partnership (MCEP) - Authorize Town Manager to sign letter agreement to commit $2,000 for grant matching funds in support of FY 2008~09 work plan (Associate Planner Tyler) 4. Appeal of Design Review Board Decision - Adopt resolution partially upholding an appeal by the Tiburon Neighborhood Coalition of Design Review Board approval of site plan and architectural review to construct additions and renovations to an existing religious facility and day school (Congregation Kol Shofar) (Planning Manager Watrous) 5. Annual General Plan Implementation Status Report - Accept Annual General Plan Implementation Status Report for Calendar Year 2007 (Director of Community Development Anderson) PUBLIC HEARINGS 1. Appeal of Design Review Board Decision - Consider appeal of Design Review Board approval of site plan and architectural review to construct a new single~family dwelling at 275 Diviso Street (Associate Planner Tyler) - hearing continued from February 20, 2008 Owner/Applicant: Property Address: Assessor Parcel No: Robin Lea, Margaret Patton, Denis Williams, Mary and Don Foree, Robin E. and Sherry Long De Mandel, and Francesca and ] ohn Madden A vi Ron 275 Diviso Street 059~071~51 Appellants: 2. Ling Precise Development Plan - Consider adoption of revised Precise Development Plan application and amended EIR for creation of three single~family residential lots on a 5.8 acre site (Planning Manager Watrous) Owner/Applicant: Property Address: Assessor Parcel No: Ling end of Stony Hill Road 055~ 261~ 10 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . T own Council Weekly Digest - March 7, 2008 . Town Council Weekly Digest - March 14, 2008 ADTOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 4 35~ 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere~ Tiburon Library located adjacent to Town Hall. Agendas and staff reports are posted on the Town's website, wwvv.ci.tiburon.ca.us. Materials related to an item on this agenda submitted to the Town Council after distribution of the agenda packet are available for public inspection at Town Hall during normal business hours. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability~related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing( s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear 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 Town Council agenda. fie a (iff d e afVtif je /W1r- MMWD Water Demand vs Operational Yield Existing Water Supplies 40,000 25,000 35,000 '- ro Q) ~ 30,000 LL <( 20,000 ~ ~ 0; (j) (j) (j) ..- ..- ..- C1? It) ,... (j) 0> (j) (j) (j) ~ ~ ~ ~ o 8 ~ ~ ~ ~ ~ ~ ~ ~ N ~ o 0 0 0 000 000 0 0 N N N N N N N N N N N N ~ ..~...~....Am;mdedU~VMP.Project;To;n~nd' . . 2005 UWMP Projected Demand . . - Cons Prog #3 Demand Attachment 8 MMWD Options · Conservation Remains first choice - Already achieved 25% savings since 1970 - BMPs implemented and very aggressive tiered rates - Increased investments - benefits accrue as technology is deployed · Recycling - Currently have many innovations in place - Expansion complicated by cost and salinity issues · Imports from Russian River - Endangered species protection limitations - Lower cost than desalination - reliability concerns · Desalination - local and regional - Reliable supply - Cost and energy use are concerns 1 MMWD Desalination EIR · Proposed project: 5-15 MGD facility, supplemented by conservation · 7 alternatives: 10 MGD, 5 MGD, conservation, 3 technologyllocation variations, no project · Significant unmitigable impacts: construction noise, visual impact of San Quentin Ridge tank · Energy use and greenhouse gas emissions evaluated Alternatives Identified/Not Evaluated · Expansion of reservoirs/new reservoirs · Capture excess Russian River floodwater · Remove Las Gallinas Valley from MMWD · Alternate desalination facility sites · Alternate storage tank sites · Alternate outfall site · Thermal desalination · Groundwater 4 2 esalination ocation Legend . P'lntSite . Pumping Station . TanJl, Site - Pipeline (ReaCh eme) .-,..,.. Pipeline (Reactl Two) MIlL - Pipeline (Reach Three) YALLEY - Major Roadways - Minor ROlds ! - n.: City BoundariK ... ......_u..... ......... . _". : Pfoposed Storage \ Tank Locations ", ~ TlBURON c. <~'Jl D.5 1 . . A.uu:~~.ulllllllln'~IIe~ Conceptual Image of San Quentin Ridge Tanks . · Two 2-million gallon tanks proposed · View is from Bret Harte Road 6 3 Conceptual Image of Ridgecrest Tank · One 2-million gallon tank proposed · View is from Sonora Way MMWD Desalination Costs/Rates · $13 million per year of project annual costs represents approximately a 17%) increment above MMWD's current annual budget of $75 million. Cost Component 5 MGD non- 5MGD 10 MGD expandable Expandable Expandable Total Capital Costs $104,389,000 $108,508,000 $165,560,000 Annualized capital cost $6,795,000 $7,064,000 $10,648,000 Annual operating cost $6,100,000 $6,100,000 $10,800,000 Total project annual $12,895,000 $13,164,000 $21,448,000 costs 4 ~ t,. ~ 'II "'""..... /i~ ,.' ~.. I' ....... "......., ~. yj". "~",-y ,'. ..'./~ ;:, ,'.:; '">:;v: ".r;:-..J t:" ( '. ...., . .; , TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 19, 2008 Agenda Item: C( .. , ST AFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Proclamation for Fair Housing Month Reviewed By: w BACKGROUND In April 2008, Fair Housing of Marin will once again celebrate Fair Housing Month as a reminder that equal housing is not only state and national policy, but a fundamental human concept that the people of our county embrace. The Town Council has adopted a proclamation in support of Fair Housing Month for many years. This year is particularly auspicious because it marks the 40th anniversary of the passage of the Federal Fair Housing Act. Fair Housing of Marin has asked the town to incorporate this information into its current proclamation. Proclamations will be read at the Fair Housing Poster Contest awards on April 23, 2008 in the Marin County Board of Supervisors Chambers. Mayor Slavitz has been asked to present a proclamation on behalf of the Town of Tiburon. RECOMMENDATION Staff recommends that the Town Council adopt the attached proclamation in support of Fair Housing of Marin. Exhibit: 1. Draft Proclamation Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PROCLAMATION IN SUPPORT OF FAIR HOUSING MONTH April 2008 WHEREAS, the principle of fair housing is not only national law and national policy but a fundamental human concept and entitlement for all citizens; and WHEREAS, discrimination based on race, national origin, gender, disability, familial status (exclusion of minor children), religion, marital status, and sexual orientation is illegal in California; and WHEREAS, as a community we welcome all good neighbors, recognizing the contributions and richness tendered by a wide variety of young and old, male and female, people of all colors and ethnic backgrounds, religious traditions, etc; and WHEREAS, during the month of April, in this 40th year of the passage of the Federal Fair Housing Act, interested parties from both the private and public sectors will participate in a national effort to promote fair housing; NOW THEREFORE I, Mayor Jeff Slavitz, on behalf of the Town Council of the Town of Tiburon, do hereby proclaim the month of April 2008 to be FAIR HOUSING MONTH in the Town of Tiburon and urge all residents of our community to personally adopt the spirit of equal housing opportunity and to adhere to the letter and spirit of the Fair Housing laws whenever applicable. IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the Town of Tiburon to be affixed this day of 19th day of March 2008. JEFF SLAVITZ, MAYOR TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 19, 2008 Agenda Item: cr .2.. ST AFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Commendations for Staff of Belvedere- Tiburon Child Care Center for actions related to recent fire Reviewed By: \tP~ BACKGROUND On February 22, 2008, the Belvedere- Tiburon Child Care Center was destroyed by fire. Fortunately, all the children were evacuated to safety and no one was hurt. Several parents approached Vice Mayor Fredericks to request special recognition for the staff of BTCCC for having an effective emergency preparedness plan in place, as well as for their actions on that day which resulted in an outcome that could have been terribly worse. RECOMMENDATION Staff recommends that the Town Council adopt the attached commendation which will be presented to representatives ofBTCCC at the April 16, 2008 Town Council meeting. Exhibit: 1. Draft Commendation Prepared By: Diane Crane Iacopi, Town Clerk ~ ~ . ....... ~ ~ ~ ~ ~ ~ ~ u T""-~ . ....... ~ ~ ~ u ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ;..... <::J ~~ ~t; ~ ... ~ t! ~ .- ~ ~ ~ ~ t/J~ ~~ ~~ ~ ~...~ ~ ... 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" ~ ~ ~ ;.... ,,~ ~ ;::: ~ ~~o ~;:::;::.... _ ~ ~J ~ ~ ~ C/)~h " ~ ~ ~ " ~~ ~ ~ ~~ ':';::;.;:.~ ~~~ ~ ~ ~ ~C/)~ ~ .- .- ~~C/) ~~ -" .~ ~" ~~ ;:::~ ~ ;::: ;::: . - ~~ :::::: " ~ t ~ ~ o ~ .- ;.... o '"d c; ~ bJJ .,....( rJ) c; -+-' c'Ij Q TOWN OF TIBURON .~ 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting March 19, 2007 Agenda Item: (C --3 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Grant Match for Marin Energy and Climate Partnership (MCEP) @ Reviewed By: BACKGROUND The eleven cities and towns of Marin, along with Marin County, Marin Municipal Water District (MMWD), Joint Venture Marin, and ICLEI - Local Governments for Sustainability, are jointly undertaking climate action work via the Marin Climate and Energy Partnership (MCEP). This partnership was awarded a $75,000 grant from the Bay Area Air Quality Management District (BAAQMD), to hire a Climate Action Director to work with all MCEP partners to accomplish greenhouse gas reduction goals. The grant was originally awarded to the City of Nova to on behalf of the MCEP partnership. The Executive Board of the Marin General Services Authority (MGSA) approved in concept that the MCEP program be administered through MGSA, including contracting for a Climate Action Director, to avoid establishing a new joint powers authority. ANALYSIS In order to ensure sustainability of the Partnership and the Climate Action Director position, MCEP partners have pledged a FY 2008-2009 cash match of $2,000 per partner. The Town informed MCEP in writing that the Town would propose $2,000 in the 2008-2009 municipal budget. The Town is now in receipt of an invoice from the MGSA requesting payment of the $2,000 in advance of Fiscal Year 2008-2009 to assist in outreach, hiring and partnership development processes, and as a match for BAAQMD's grant. Together, local and BAAQMD resources will support a $95,000 contract for the Climate Action Director and related partnership operating expenses. To accomplish this matching contribution, the City of Nova to is circulating a letter detailing the Partnership structure and work plan, and is requesting confirmation from each City/Town Manager of its participation, by returning the letter with signature to the Marin GSA by March 30, 2008. FINANCIAL IMPACT The Town would allocate $2,000 from the FY 2008-2009 budget as a pledge to fund startup costs related to outreach, hiring and partnership development process. 'TCl\\'n C'\1l.lucil \brch RECOMMENDA TION Staff recommends that the Council: Authorize the Town Manager to sign and return the attached letter from the City of Novato (Exhibit 1) which describes the Partnership work plan and the Town's commitment to provide $2,000 in support in FY 2008-2009. Exhibits: 1. 2. Letter dated February 29, 2008 from City of Novato Invoice from Marin General Services Authority Prepared By: Laurie Tyler, Associate Planner Pag\: 2 THE CITY OF NOVATO CALIFORNIA 7'; Rowland Way #200 Novato, CA 94945-5054 Dear Colleague: 415/899.8900 FAX 415/899-8213 www.ci.novsto.ca.us Mayor Pat Eklund Mayor Pro Tern Jim Leland Councilmembers Carole Dillon-Knutson Madeline KeUner Jeanne MacLeamy City Manager Daniel E. Keen February 29, 2008 As you know, the Bay Area Air Quality Management District has notified the City of Novato of their intention to award $75,000 in funding for the Marin Climate and Energy Partnership. The purpose of this grant is to enable Marin jurisdictions to contract with a Climate Action Director to accomplish our local climate action goals. This letter describes the Partnership structure and work plan, our intentions to fund the Climate Action Director position over the next three years, and the relationship established with the Marin General Services Authority (GSA) to administer the BAAQMD grant and the Climate Action Director contract. Please review this letter and confirm your participation in the Partnership by returnin2 a signed copy to Paul Berlant of the Marin GSA by March 30.2008. Partnership Membership: The Marin Climate and Energy Partnership consists of the cities and towns of Belvedere, Corte Madera, Fairfax, Larkspur, Novato, Mill Valley, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon, the County of Marin (Community Development Agency), and the Marin Municipal Water District. These entities are considered voting members of the Partnership for purposes of contracting and hiring. In addition, ICLEI - Local Governments for Sustainability, and Joint Venture Marin are non-voting supporting members. Mission: The mission of the Marin Climate & Energy Partnership is to advance GHG emissions reductions, in alignment with the targets of Marin County and local municipalities, and the criteria air pollutant reduction goals of the Bay Area Air Quality Management District. Background: Planning for the Marin Climate and Energy Partnership development process was initiated in March 2007 under the auspices of Joint Venture Marin, Marin Municipal Water District, and the County of Marin. In August of2007, financial support for the planning process was provided by the Marin Community Foundation, with MMWD serving as fiscal agent for the planning period. In October of 2007, representatives of all 11 Marin cities, the County, and MMWD agreed to jointly: 1) Develop the mission, work plan, and structure of the Marin Climate & Energy Partnership 2) Apply for a $75,000 grant from the Bay Area Air Quality Management District (BAAQMD) for the purpose of hiring a Climate Action Director 3) Request support in the amount of $2,000 from each member jurisdiction (including the 11 cities and towns, the County, and MMWD) in FY 2008-09 as part of the required match for the BAAQMD grant Page 2 February 29,2008 4) Work together with other member jurisdictions to identify the resources needed to sustain the Climate Action Director position in FY 2009-10 and FY 2010-11. (These resources could be derived from savings on energy bills, additional BAAQMD support, private philanthropic resources, state or federal grants, and/or local funds.) BAAQMD Grant Status: The City of Novato agreed to serve as the initial lead entity for the Partnership grant request to BAAQJ\1D, which was submitted on November 9th. In December 2007, BAAQMD notified the City of Nova to and the Partnership that it will award $75,000 in support of the Climate Action Director position, to be matched by $26,000 in local resources in FY 2008-09. Fiscal Agency Arrangements: On November 19, 2007, the Executive Board of the Marin General Services Authority (MGSA) approved in concept that the Marin Climate & Energy Partnership program be administered through MGSA, including contracting for a Climate Action Director. Invoicing for Partnership Support: In February of2008, Paul Berlant, Executive Director of the Marin GSA, circulated invoices to member cities requesting payment of the pledges of$2,000 for each city and town (as well as the County of Marin and MMWD). These pledges will be used to fund: a) $6,000 in startup costs related to the outreach, hiring, and partnership development process, and, b) as a match for BAAQMD's grant. Together, local and BAAQ!vID resources will support a $95,000 contract for the Climate Action Director and related partnership operating expenses. Support for the Climate Action Director in 2009-10 and 2010-11: As noted above, in the context of the BAAQMD grant, Partnership members pledged to work together to develop a resource plan for the Partnership that will extend the services of the Climate Action Director through FY 2010-11. To support this position, MCEP will likely participate in the expected second round ofBAAQMD grant making (in 2009). In addition, we will engage in both public and private grant-seeking. Depending on the success of external fundraising, jurisdictions may be called upon to equitably share ongoing support for the position and related Partnership activities, according to a mutually agreeable fonnula to be detennined by the partner jurisdictions. Climate Action Director Hiring Process: The Partnership will contract with a Climate Action Director to implement the work plan defined in the BAAQ:MD grant Scope of Work. An RFP will be developed and circulated in March, interviews will be conducted in April and May, and the person will likely begin in July??? A Hiring Committee will be developed consisting of interested city managers or designated staff. Richard Schorske of Joint Venture Marin will be coordinating input into the hiring process as part of his work to establish the Partnership. He can be reached at (415) 883-2581 or at richards(q2dsnetwork.org. The lead program-level contact for the Network will become the new Climate Action Director upon the hiring of that individual. Page 3 February 29, 2008 ICLEI Role: ICLEI- Local Governments for Sustainability, has been granted resources from Marin Community Foundation to continue to assist all cities in Marin to complete their emissions inventories this spring, and complete individual Climate Action Plans over the course of the year. This work is integral to the MCEP process, and will help identify additional targets of opportunity for cost-effective GHG reduction, which will be incorporated into the overall MCEP work plan. The lead contact for ICLEI in Marin is Wesley Look, who can be reached at wesley.1ook@ic1ei.org or at (510) 844-0699 x. 322. Planned Activities and Scope of Work for 2008..09: As indicated in the BAAQ:MD grant, the Partnership will be undertaking these activities in 2008-09: 1. Expand tested approaches to achieve regional reductions in greenhouse gas emissions: Measures will include accelerated development of green building ordinances, energy efficiency measures (already in motion via the Marin Energy Management Team), cleaner vehicle fleets, VMT reduction initiatives (such as accelerated use of 511 Rideshare and enhanced Safe Routes to School), and other measures to be identified in 2008. 2. Institutionalize long-term climate protection through tbe planning process: MCEP will work to integrate greenhouse gas reduction into local General Plans as these are updated. The San Rafael and Belvedere Plan updates will be the focus of work in 2008-09. 3. Accelerate deployment of ~'climate friendly" goods and services: MCEP will expand use of Green-certified building products, reuse and recycling, and waste- reduction initiatives, and establish a Green Purchasing Collaborative to economize purchases. 4. Achieve economic & social co-benefits by establishing Marin as a center for GHG-reducing "green" technologies. MCEP will help to accelerate employment in the GreenTech sector and deployment of GHG-reducing technologies through partnerships developed with local enterprises, Joint Venture Marin, and other stakeholders. 5. Develop and disseminate innovative financing vehicles to ensure that promising GHG reduction strategies and technologies are rapidly deployed: MCEP will work closely with the Marin Energy Management T earn and other stakeholders to identify viable models for long-term financing ofOHG reducing activities and technologies. A Sustainability Roundtable series has been established to highlight promising strategies. In February, a workshop was held on Greening Marin's Vehicle Fleets. A second workshop is planned for March Page 4 Febmary 29, 2008 6th on Berkeley's Sustainable Energy Financing District. We look forward to suggestions from partners for additional workshops. We are excited by the strong start of the Marin Climate and Energy Partnership. We look forward to your participation and suggestions for improvement along the way. To affirm your iurisdiction's Darticiuation in the activities described above. olease countersien this letter and return the orieinal to Paul Derlant at Marin GSA at your earliest convenience. The Marin GSA address is 371 Bel Marin Keys Blvd., Suite 100, Novato, CA 94949. Thank. you in advance for your help in addressing the climate challenge! Sincerely, ~~~ Daniel E. Keen City Manager City of Nova to ~~ Paul Berlant ~ Executive Officer Marin General Services Authority Signature Name (printed) Title Jurisdiction (city, town, county, or public agency) Date MARIN GENERAL SERVICES AUTHORITY 371 Bel Marin Keys Blvd., Suite 100, Novato, CA 94949 PHONE: (415) 883-9100 FAX: (415) 883-9155 RECEIVED FIB 2 5 2008 INVOICE TOWN MANAGERS OFFICE TOWN OF T1BURON FOR GRANT MATCH FORBAAQMD MARIN CLIMATE & ENERGY P ARTNERHSIP FY 2008-09 To: Peggy Curran Tiburon Town Manager 1505 Tiburon Blvd. Tiburon, CA 94920 This is an invoice for your share of the Marin Climate & Energy Partnership program for FY 2008-09. Each participating jurisdiction has agreed to match the BAAQMD grant in this amount. Although this is for FY 08-09, early payment will assist in initiation of the program. Amount due: $2..000 Thank you. " Please make your check payable to the MARIN GENERAL SERVICES AUTHORITY and mail it to MARIN GENERAL SERVICES AUTHORITY 371 Bel Marin Keys Blvd., Suite 100 Novato, CA 94949 Town Council Meeting March 19, 2008 Agenda Item: cc-'I ST.\FF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: 215 Blackfield Drive; Recommendation to Adopt a Resolution Partially Granting the Appeal of the Design Review Board Decision to Approve a Site Plan and Architectural Review Application for the Construction of Additions and Renovations to an Existing Religious Facility and Day School (Congregation Kol Shofar) Reviewed By: g/ BACKGROUND On January 16, 2008, the Town Council heard and considered an appeal of a Design Review Board decision to approve a Site Plan and Architectural Review application to construct additions and renovations to an existing religious facility and day school (Congregation Kol Shofar) on property located at 215 Blackfield Drive. After hearing public testimony, the Town Council directed staff to prepare a resolution partially granting the appeal to add several conditions of approval to the application. The draft resolution has been prepared and is attached as Exhibit 1. RECOMMENDA TION Staff recommends that the Town Council adopt the attached resolution partially granting the appeal. Exhibit: 1. Draft Resolution Prepared By: Daniel M. Watrous, Planning Manager RESOLUTION NO. (Draft)-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL BY THE TIBURON NEIGHBORHOOD COALffiON OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF EXTERIOR ADDITIONS AND RENOVATIONS TO AN EXISTING RELIGIOUS FACILITY AND DAY SCHOOL (CONGREGATION KOL SHOFAR) FOR PROPERTY LOCATED AT 215 BLACKFIELD DRIVE WHEREAS, on November 15,2007, the Design Review Board held a public hearing to consider the approval of a Site Plan and Architectural Review application (File #707122) to construct additions and renovations to an existing religious facility and day school (Congregation Kol Shofar, "Applicant") on property located at 215 Blackfield Drive; and WHEREAS, after receiving public testimony, the Design Review Board concluded that the design was in conformance with the Guiding Principles of Site Plan and Architectural Review and with the Tiburon Hillside Design Guidelines, and was consistent with the previously-approved Conditional Use Permit (File #10404) for the Kol Shofar expansion. The Board voted unanimously (5-0), to conditionally approve the application; and WHEREAS, on November 26,2007, the Tiburon Neighborhood Coalition (TNC, "Appellants"), filed a timely appeal of the Board's decision; and WHEREAS, on March 5, 2008, the Town Council held a duly-noticed hearing on the appeal, during which testimony was heard and considered regarding the proposed additions and renovations and the Design Review Board's review of the application, and after hearing all testimony and reviewing all documents in the record, the Town Council determined that the Design Review Board had reached appropriate regulatory conclusions and had acted properly in approving the project; and WHEREAS, on February 21,2007, the Town Council adopted Resolution No. 12-2007 certifying that the Final Environmental Impact Report for the Kol Shofar Synagogue Expansion Project was completed in compliance with the California Environmental Quality Act and local CEQ A guidelines. The Town Council finds that there are no new potentially significant environmental impacts, and no significant increase in the severity of impacts analyzed in the certified EIR, associated with the Site Plan and Architectural Review trailing permit for this project. The Town Council finds that the Site Plan and Architectural Review permit as approved is within the scope of impacts analyzed in the certified Final Environmental Impact Report for the Kol Shofar Synagogue Expansion Project; and WHEREAS, the Town Council unanimously voted (5-0) to direct Staff to prepare a resolution partially granting the appeal in order to impose certain additional Town Council Resolution No. (Draft).2008 Adopted 3/19/08 Page 1 conditions of approval that would further refine the project's conformity with the conditional use permit approval and its consistency with Town zoning regulations. The Council found that these additional conditions will not cause any new significant project impacts nor any increase in severity of the project's previously identified impacts. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby partially grants the appeal of the Tiburon Neighborhood Coalition of the Design Review Board's decision by adding conditions of approval number 27-32 to those set forth by the Design Review Board, with the finalized conditions of approval to read as follows: 1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued. 2. Construction shall conform with the application dated by the Town of Tiburon on August 31, 2007, and the plans of October 11, 2007, or as amended by these conditions of approval. Any modifications to the approved plans must receive Design Review approval. 3. Plans submitted to the Building Division for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Division for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Planning Division approval is not valid and shall be subject to stop work orders and may require removal. 4. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 5. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. Town Council Resolution No. (Draft)-2008 Adopted 3/19/08 Page 2 6. All skylights shall be bronzed or tinted and no lights shall be placed in the wells. All skylights shall be equipped with blackout blinds to be closed at sunset whenever the facility is in use. 7. All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures. Following issuance of a certificate of occupancy or final building inspection, all exterior lighting shall be subject to a 30-day light level review by the Planning Division to ensure that all lighting does not invade the privacy of other properties, or produce glare or light pollution; yet provides adequate illumination for safety and security purposes. 8. Prior to the issuance of building permits, the applicant shall submit verification from a licensed landscape architect that the proposed landscape plan conforms to M.M.W.D. landscape regulations, as required by Town Council Ordinance. 9. Prior to the issuance of final building inspection approval, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Division field inspection prior to the issuance of occupancy permits. A cash deposit or other monetary security shall be deposited with the Planning Division in an amount necessary to ensure the installation and/or maintenance for a one year period of any and all landscaping. 10. Prior to underfloor inspection, a certified survey of the structure foundation will be required. Required documents shall include graphic documentation locating the building on a site plan and including specific dimensions from property lines and other reference points as appropriate, and elevations relative to sea level of the foundation walls and slabs. No inspections will be provided until the survey results have been verified. 11. A construction sign shall be posted on the site during construction of the project, in a location plainly visible to the public. The sign shall be 24" x 24" in size and shall be made of durable, weather- resistant materials intended to survive the life of the construction period. The sign shall contain the following information: job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code; builder (company name, city, state, ZIP code); project manager (name and phone number); and emergency contact (name and phone number reachable at all times). The sign shall be Town Council Resolution No. (Draft)-2008 Adopted 3/19/08 Page 3 posted at the commencement of work and shall remain posted until the contractor has vacated the site. 12. The project shall comply with all requirements of the Southern Marin Fire Protection District. 13. The project shall comply with all requirements of the Marin Municipal Water District. 14. The project shall comply with all requirements of the Richardson Bay Sanitary District. 15. All requirements of the Director of Public Works shall be met. An encroachment permit shall be filed with the Town of Tiburon Public Works Department, for all work to be conducted within Town right-of-way. 16. The project shall comply with all requirements of Town Council Resolution No. 15-2007. 17. The exterior walls of the multi-purpose building shall be finished with plaster or equivalent materials. 18. The color palette for the multi-purpose building and classroom addition shall be reviewed and approved by the Design Review Board prior to issuance of a building permit for the construction of these additions. 19. Planning Division staff shall review the proposed lighting plan and attempt to remove or reduced the number of floodlight fixtures in the parking lot. 20. Space shall be provided within the enclosed loading area for collection of trash. 21. Mosaics on exterior stairs shall be installed only on horizontal surfaces. 22. The appearance of the annex building shall be improved by painting and/or landscaping to compliment the remainder of the project. 23. Planning Division staff shall review the specific placement of screening trees adjacent to the classroom addition in relation to the residence at 38 Via Los Altos. Town Council Resolution No. (Draft)-2008 Adopted 3/19/08 Page 4 24. The gross square footage of the multi-purpose building shall be reduced to 8,288 square feet by moving the exterior walls ten inches (10") closer to the main domed existing building. The net square footage of the multi-purpose room within that building shall remain 4,500 square feet. 25. A bicycle rack accommodating eleven (11) bicycles shall be installed at the bottom of the main exterior curved entry stairs, adjacent to the lower parking lot. 26. The fence to the east of the new upper parking lot shall be increased in height to four feet (4'). 27. Within sixty (60) days of adoption of this resolution, permittee shall submit to the Planning Division for review and acceptance a revised landscape plan depicting enhanced landscaping near the intersection of Blackfield Drive and Via Los Altos that will provide additional visual screening of the multi-purpose building. 28. Blackout shades shall be installed and maintained in an operable condition at all times for all clerestory windows, skylights, and light shafts on the project site. 29. Electrical wiring shall be installed for all skylights, light shafts, and clerestory windows to facilitate installation of electronically-controlled automated blackout shades, in the event that automated blackout shades are required by the Town in the future. Such wiring shall be shown on building permit construction drawings and shall be verified by inspection prior to building occupancy. 30. The folding exterior wall for the multi-purpose building shall be comprised of three (3) operable sections, capable of being separately and independently opened and closed. 31. The easterly drive aisle of the lower parking lot shall be widened to fourteen (14) feet for its entire length. This shall be accomplished by widening the parking lot in the direction of the synagogue buildings. A revised Sheet( s) showing the modified parking lot design shall be submitted to the Planning Division within sixty (60) days of adoption of this resolution. 32. Wheel stops, curbs, and/or similar devices shall be installed for parking spaces in the lower parking lot to the satisfaction of the Town Engineer for the primary purpose of discouraging inappropriate driving maneuvers in the lot. Town Council Resolution No. (Draft)-2008 Adopted 3/19/08 Page 5 PASSED AND ADOPTED at a regular meeting of the Town Council on March -' 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TffiURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. (Draft)-2008 Adopted 3/19/08 Page 6 TOWN OF TIBURON \ ~ 1505 Tiburon Boulevard ) Tiburon, CA 94920 T own Council Meeting March 19, 2008 Agenda rteC( ., ~ I STAFF REPORT To: Mayor & Members of the Town Council From: Community Development Department Subject: Consider Acceptance of the Annual General Plan Implementation Status Report for Calendar Year 2007 Reviewed by: BACKGROUND Government Code Section 65400(b)(1) requires that an annual report be prepared by the planning agency of each town or city, which is then forwarded to the appropriate legislative body, on the status of the General Plan and progress in its implementation. The legislative body must then "accept" the report and forward it to the required State agencies, including the State Department of Housing and Community Development (HCD) and the Governor's Office of Planning & Research (OPR), by April 1 of each year. ANAL YSIS The Planning Commission reviewed the General Plan Annual Report (Exhibit 1) at its meeting on March 12,2008 and recommended acceptance of the status report by the Town Council. RECOMMENDATION Staff recommends that the Town Council: 1. Review the draft Annual Report 2. Direct staff to make any revisions to the Annual Report 3. Direct staff to forward the Annual Report to the required State agencies by April 1, 2008. EXHIBITS 1. Draft Annual General Plan Implementation Status Report for Calendar Year 2007 dated March 3, 2008. Prepared by: Scott Anderson, Director of Community Development ~ EXJilBIT No.L Annual General Plan Implementation Progress Report TIouron 2020 Calendar Year 2007 Reviewed by Planning Agency March 12, 2008 Accepted by Tiburon Town Council March _, 2008 Introduction On September 7, 2005, the Town Council adopted a new General Plan, Tiburon 2020. This annual report is the third performed since that adoption. The first annual review was conducted in October 2006. State law then changed to require annual implementation reports to be filed with the State in April of each year, so a second update was adopted on March 26,2007. This report generally reviews progress on implementing programs contained within TIburon 2020 during the Calendar Year 2007, with certain housing data covering the period 1999-2007. The purposes of this annual report are to: 1. Provide information regarding how the General Plan is being implemented with respect to its adopted implementation progrmlls. 2. Identify any approved or needed amendments to the General Plan. 3. Provide information as to specific actions taken and ongoing strategies and practices to implement the General Plan. 4. Provide information regarding the Town's progress in meeting its fair share of regional housing needs and efforts to remove governmental constraints. The Annual Report is organized by the eight elements in the General Plan, with a list of each implementing program and the status of that progratn, in the order that the element and implementing program appears in the General Plan. The eight elements of TIburon 2020 are as follows: Land Use Open Space & Conservation Downtown Circulation Safety Noise Parks & Recreation Housing TiburOl1 2020 Annual General Plan Implementation Status Report Accepted --/--/2008 ~ ~ CJ < .... = &: .~ Q. 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U~ ~ ~ ('t") 'U a) S ;> ....... ~ ~ ~ 0 C> B ~ u C> ~ N = I!.l >1; ~ ~ 0 U~ tS f-. ,~ .r:J '0 .l:J I!.l 8 ~ fr -a J u (,) ] < I!.l 5 00 Ii Cd 1 00 ~ j 0 0 = N ~ ~ ~. a ...:l~ rJ:i I!.l f-< ~ >< ~ ~ a .~ '0 .;:: !:: .... ..t:j I!.l 9:: ~ Cd U ..s::; ~ u ~ ~ t:: ~ 0 00 0.. 0 ~ 0 (1;l S:l ~ ~ ~ ~ 0 ~ U5 fr !:: ~ ~ 0 ~ .~ ;s ....... 5 ;Q ~ ~ s 'u I!.l @ ~ 0.. 0 li u tS ~ 8 0 ~ ii: f-< ~ ] ~ ~ I!.l ,~ !:: ~ ~ I!.l ~ 0 '"@ '2 ,0 j ~ ;:: 5 ~ ~ ci:i ~ c3 <"l Ii ~ ~ ~ :l::l CJ ~ TOWN OF TIBURON .~. 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 19, 2008 Agenda Item: PH.... , STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: 275 Diviso Street; Recommendation to Deny Appeal of Design Review Board's Decision to Approve a Site Plan and Architectural Review Application for Construction of a New Single-Family Dwelling CONTINUED FROM FEBRUARY 20,2008 ~/ Reviewed By: BACKGROUND At the February 20,2008 Town Council meeting, the Council continued the above referenced appeal without discussion. Attached is the original report and corresponding exhibits. There have been no additional letters received by the Town since the Council meeting of February 20, 2008. Prepared By: Laurie Tyler, Associate Planner \ TOWN OF TIBURON ~ 1505 Tiburon Boulevard ; Tiburon, CA 94920 Town Council Meeting February 20, 2008 Agenda Item: f#-I )i ... ST AFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: 275 Diviso Street; Recommendation to Deny Appeal of Design Review Board's Decision to Approve a Site Plan and Architectural Review Application for Construction of a New Single-Family Dwelling e Reviewed By: PROJECT DATA OWNER: APPLICANT/ARCHITECT: ADDRESS: ASSESSOR PARCEL NUMBER: PARCEL MAP NO: FILE NUMBER: LOT SIZE: ZONING: GENERAL PLAN: FLOOD ZONE: AVIRON A VI RON/DEAN JONES, ARCHITECT 275 DIVISO STREET 059-071-51 PARCEL 2, P.M. 10-91 (1974) 707126 18,050 SQUARE FEET R-1 (SINGLE-FAMILY RESIDENTIAL) MH (MEDIUM HIGH DENSITY RESIDENTIAL) C BACKGROUND On November 1,2007, the Design Review Board approved a Site Plan and Architectural Review application for construction of a new single-family dwelling on a vacant lot located at 275 Diviso Street. Five nearby property owners have appealed the Board's decision. PROJECT DESCRIPTION The proposed residence is a two-story structure with a Mediterranean architectural theme. The upper level would include a living room, dining room, kitchen, breakfast nook, and a three car garage. A deck would extend off the dining room and connect with a larger main deck at the rear of the home, accessed by the breakfast nook, kitchen and living room. The lower level would include three bedrooms, two bathrooms, laundry room, and master bedroom suite. A smaller deck would extend toward the rear of the home with access from the master bedroom suite and two bedrooms. A five to six foot high entry fence would extend across the front of the property along Diviso Street. '1'\1\\')) ('\,unci! 2(L 2008 The structure would have a lot coverage of 4,469 square feet (25%), which is below the 300/0 maximum permitted lot coverage in the R-1 zone. The proposed structure would have a gross floor area of 3,795 square feet, which is slightly less than the floor area guideline maximum (3,805 sq. ft.) for a property of this size. The fa9ade of the home would have a Mediterranean theme in both its architectural style and color/materials. Several variations of stone fa<;ade in warm neutral colors are proposed around the structure, along with stucco siding in a shade of beige and a multi-colored tile roof. A color/materials board will be available for review at the meeting. REVIEW BY THE DESIGN REVIEW BOARD The Design Review Board first reviewed the project on October 4,2007. During the meeting, several neighbors spoke in opposition to the project and raised concerns about potential light pollution, drainage, and view impacts. The central tower element, one significant area of concern with the design of the structure, would cause view blockage for the neighbors at 295 and 280 Diviso Street and 2040 Vistazo East Street. The tower would serve as a green architectural element as it would provide ventilation and natural lighting to the home. Neighbors expressed concern about lighting impacts due to the amount of windows surrounding the central tower, as well as from dormers located over the garage and guest room facing east. The neighbor to the north of the subject site, located at 295 Diviso Street, stated she would lose views of the downtown San Francisco skyline and portions of Angel Island. Just prior to the Design Review Board meeting, the project architect lowered the ribbons on the story poles to reflect a two foot reduction in the height of the structure, in order to address these view blockages. However, the neighbor apparently misunderstood the ribbon placement and because the ribbons were modified late, most of the Board did not have an opportunity to view them. The neighbor across the street at 2040 Vistazo East Street stated that water views would be lost. This neighbor was also unclear about the meaning of the modified story pole ribbons, and requested that the structure be reduced in height by two feet, and that modified story poles be erected without the ribbons. The neighbor at 280 Diviso Street also expressed concerned about a loss of water view. The Board was pleased with the design of the home, but concluded that the applicant should work with the neighbors in reducing the extent of view blockage. The project was continued so that both the neighbors and the Board could view the modified story poles and ribbons. The Design Review Board considered revised drawings at its meeting on November 1, 2007. The design of the home did not significantly change from the initial review of the project; however, the applicant had made considerable progress toward addressing the concerns of neighbors in reducing both view blockage and light pollution. Modifications included: . Lowering the entire structure thirty inches (30") into the ground; . Lowering the ceiling height by one foot (1') in the lower level of the home; . Lowering the central tower element of the home by six inches (6"); . Lowering the chimney to the maximum extent possible while meeting code; . Eliminating the architectural feature at the top of the central element; and . Relocating the window dormers to the west side of the structure to reduce potential light pollution. The neighbor at 290 Diviso Street accepted these modifications since she would retain her views of downtown San Francisco, but still felt that the home was out of scale with the existing structures in the neighborhood. The neighbor at 280 Diviso Street was still opposed to the extent of water view blockage being proposed. The neighbor at 2040 Vistazo East Street indicated that the applicant had addressed some concerns, but still objected to the extent of water view blockage, and felt that the applicant could further lower the central tower element or eliminate it from the proposal. This neighbor also objected to the amount of window area surrounding the tower element and requested that the windows be tinted. The applicant indicated that a small amount of tinting could be applied to the three windows in the tower element facing uphill (east) to prevent new light impacts on this neighbor and other adjacent neighbors. The Design Review Board was split over whether the size and character of the home was appropriate for the site in comparison with existing structures in the neighborhood. Three of the Boardmembers determined that the project was well designed and appreciated that a green architectural element would be included. They also determined that although the home appeared massive in plan view, once constructed, the amount of articulation and color/materials on the home would break up the massing and result in a beautiful Mediterranean style dwelling compatible with surrounding developments. Two of the Boardmembers concluded that the structure was too ornate in design, too large for the site, and that the design could be modified to fit in better with the existing neighborhood character. The Board voted 3-2 to approve the application, with Boardmembers Frymier and Teiser dissenting. A group of neighbors filed a timely appeal of this decision. BASIS FOR THE APPEAL There are three grounds on which the appeal (Exhibit 1) is based: Ground # 1 : The design and effective bulk of the structure is not appropriate for the lot or the neighborhood. Staff Response: The proposed structure would not exceed the lot coverage or the floor area guideline for the subject property. The design of the structure specifically meets Goal 1, Principles 1, 2 and 3 of the Hillside Design Guidelines in terms of cutting into the hillside and stepping the floors to reduce visual bulk, and using various materials and colors to aid in breaking up the massing of the structure. A study of dwellings within 300 feet of the subject property is attached for reference which shows each home's respective floor area ratios and their permitted FAR (Exhibit 2). Lot sizes in the area vary from 3,016 square feet to 47,425 square feet. While the subject dwelling would be one of the larger homes in the area, the study reflects that approximately eight of the thirty-three parcels studied have the potential to result in much larger homes on their respective sites. Seven out of the thirty-three dwellings already exceed the maximum floor area ratios. This study would overall indicate that while the proposed structure l'~ {\\:.\.= n Coo' () ttn c-j] 2CL 2008 would be larger than the homes in the immediate vicinity, that the existing dwellings in the overall neighborhood vary in size and scale, and therefore there really is no apparent character trend in terms of mass and bulk of structures in the neighborhood. Therefore, the proposed dwelling would not be excessively out of character with the neighborhood. The design of the structure is a Mediterranean theme, which incorporates several earth-tone colors and several materials/textures. The structure would not be overly ornate in design, but would have enough variation in color and texture to aid in reducing the massing of the structure. A color/materials board will be available at the Council meeting for review. Ground #2: The 17 foot high central tower creates view blockage, light pollution and glare issues. Staff Response: The applicant has stated that the central tower is an essential part of the project, as it would result in natural lighting and cooling for the home. Operable windows, two square feet in size, would surround the tower, allowing air to move through the house while providing natural lighting. Lighting is not proposed inside the uppermost portion of the tower, and therefore minimal light would shine out of these windows toward other homes. It should be noted that conditions of approval require tinting of the three windows in the tower facing east to further limit light that could affect the uphill neighbors' nighttime views. In terms of view blockage, the tower minimally impacts water views from the living and dining rooms at 2040 Vistazo East Street. From 280 Diviso Street, it is difficult to determine how much water view blockage would result given the amount of mature vegetation located in the front yard, which obstructs any water views from within the home. The applicant modified the height of the structure so that the neighbor at 295 Diviso Street would maintain views of the downtown San Francisco skyline. It is important to keep in mind that the subject lot has been vacant since its creation in 1974 (File No. 67405), and therefore the adjacent properties have essentially been "borrowing" some of their views across this parcel. Ground #3: The remaining drainage and runoff issues have not been addressed as part of the project. Staff Response: The Town has adopted single-family dwelling drainage standards that are applied at the time of building permit submittal and review. Both Staff and the Design Review Board indicated to the neighbors that drainage and runoff issues are addressed in detail during the building plan check process not the design review process. CONCLUSION Although the Design Review Board members disagreed on the project application, the Board adhered to the Hillside Design Guidelines and the Guiding Principles for Site Plan and Architectural Review in its review of the project. It was the consensus of the Board that regardless of the size or placement of a home on this lot, some view blockages would occur. A majority of the Board concluded that although the project as shown in plan view appeared to be massive, once constructed, the amount of articulation and color/materials on the home would break up the massing and result in a well designed Mediterranean dwelling compatible with surrounding development. RECOMMENDATION '1'\1W)) ('\,unci! 20.2008 Staff recommends that the Town Council: 1. Indicate its intention to deny the appeal; and 2. Direct Staff to return with a Resolution denying the appeal, for adoption at the next meeting. Exhibits: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. . 28. 29. 30. Notice of Appeal 300' Radius Floor Area Ratio Chart and Map Letter dated February 12, 2008 from Margaret Patton and Denis Williams Letter dated February 12,2008 from John and Francesca Madden Letter dated February 12,2008 from Don and Mary Foree Email dated February 5, 2008 from Dean Jones, Architect Goal 1, Principles 1, 2 and 3 of the Hillside Design Guidelines Minutes of the November 1,2007 Design Review Board Meeting Design Review Board Notice of Action dated November 2, 2007 Design Review Board Staff Report dated November 1,2007 Photographs used by Dean Jones, Architect on November 1,2007 Letter dated October 23, 2007 from John and Francesca Madden Email dated October24, 2007 from Dean Jones, Architect Letter dated October 29,2007 from Robin Lea Letter dated October 31, 2007 from Margaret Patton and Denis Williams Minutes of the October 4, 2007 Design Review Board Meeting Design Review Board Notice of Action dated October 5,2007 Design Review Board Staff Report dated October 4,2007 Photographs used by Dean Jones, Architect on October 4,2007 Letter dated September 27,2007 from Robin Lea Letter dated September 27,2007 from Robin E. and Sherry Long De Mandel Letter dated September 27,2007 from John and Francesca Madden Photographs used by John and Francesca Madden on October 4, 2007 Email dated October 2,2007 from Bob Hamer Letter dated October 3, 2007 from Don and Mary Foree Letter dated October 4,2007 from Margaret Patton and Denis Williams Photographs used by Margaret Patton on October 4, 2007 Letter dated October 4, 2007 from Daniel Del Pino Memo from Ron Barney, Fire Marshal, dated October 3,2007 Letter dated October 2, 2007 from Lawrence P. Doyle, Land Surveyor-Civil Engineer Prepared By: 31. Application and Supplemental Materials 32. Submitted Plans Laurie Tyler, Associate Planner '1'\)\\'i1 ('(,unci! 20.2008 C~L--" J~{ {} /1 t.) Z-h-, TOWN OF TIBURON NOTICE OF APPEAL APPELLANT Name:_ Robin Lea, 295 Diviso, Margaret Pattori, Denis Williams, 280 Diviso, Mary and Don Foree, 265 Diviso, Robin E. and Sherry Long De Mandel, 2021 Vistazo East, Address:_ Francesca and John Madden, 2040 Vistazo East. Telephone:..: 789-9716 ACTION BEING APPEALED Body: Appeal DRB approval of275 Diviso Date of Action: November 1,2007 Name of Applicant:_ Wilsey/Ron Nature of Application:_ Construction of new single family dwelling GROUNDS FOR APPEAL (Attach additional pages, ifnecessary) There continues to be strong neighborhood opposition to the 275 Diviso project as currently designed. On 11/1/07 a contentious DRB meeting concluded with a 3/2 vote for the project. We believe this was an error of discretion and a continuance should have been issued. Two board members were strongly opposed. Significant remaining concerns follow: Design and effective bulk of structure is not appropriate for lot or neighborhood. 17 foot high central tower creates view blockages, light pollution and glare issues. Remaining drainage/run off issues have not been addressed Last Day to File: /t/CflA-Q c.Jw !~ Fee Paid: ~ro IE!- Date Received: 1l/c.~1tu- / ~ LO-t,l 7- t;e ;;,C12-A/V~_AtU:1 cf .- 2fjo ff / I ',It) Date of Hearing: EXHIBIT NO. , tzff2 /7 / "(7~f2.ct'14-( //" I '7tz{/~ {-~c;~.- ~L January 2004 Floor Area Ratio Study 300' Radius of 275 Diviso Street APN: 059-071-51 *** Indicate Homes Exceeding FAR Maximum Address Lot Size FAR Permitted FAR 240 Diviso 7,735 1,477 2,773.5 300 Ridge Road 10,600 2,130 3,060 14 St. Bernard Lane 38,000 1,824 5,800 2077 Centro East 17,400 2,920 3,740 430 Ridge Road 21,420 2,488 4,142 1893 Centro West 10,489 3,757 3,048.9*** 1887 Centro West 8,288 1,362 2,828.8 260 Diviso Street 7,490 1,852 2,621.5 250 Diviso Street 7,490 3,134 2,621.5*** 260 Loma Avenue 14,523 1,834 3,452.3 2021 Vistazo East 7,767 2,442 2,776.7 243 Loma Avenue 7,426 2,007 2,599.1 10 Saint Bernard Lane 24,430 4,704 4,443*** 280 Loma Avenue 6,324 2,453 2,213.4 * * * 240 Loma Avenue 18,189 2,897 3,818.9 1877 Centro West 7,867 2,522 2,786.7 160 Las Lomas Lane 17,883 3,322 3,788.3 263 Loma Avenue 11,100 2,055 3,110 2090 Vistazo East 7,742 1,840 2,774.2 2051 Vistazo East 39,472 2,613 5,947.2 1965 Vistazo West 7,102 2,808 2,485.7*** 249 Diviso Street 3,016 1,543 1,055.6*** 4 St. Bernard Lane 14,614 696 3,461.4 239 Diviso Street 5,000 1,452 1,750 2040 Vistazo East 7,560 2,352 2,756 295 Diviso Street 47,425 4,675 6,742.5 223 Diviso Street 5,250 1,412 1,837.5 280 Diviso Street 9,000 1,503 2,900 2051 Centro East 8,549 2,619 2,854.9 131 Las Lomas Lane 6,930 792 2,425.5 244 Loma Avenue 8,060 2,331 2,806 1898 Centro West 14,560 1,764 3,456 1901 Centro West 7,020 2,557 2,457*** 275 Diviso Street 18,050 3,795 3,805 EXHIBIT NO. ~ Print Map Page , Parcel Map 059-071-:51 ~ ,'-', ~)r'~ , It JJ.JL.J \, .~, f-,r.-Itrl i .,'.\~_J--- C ibtl[] l r:l1'-,rl I' W lJ \ ODD mD '<A)'" j :l ......, , (C) ~ Harir.t.4if1a ~f\\ - t~~~~/I~ l:;~=;~ \. \:~, ,/ . .' / /\\ i ' ... 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Page 1 of] k: Slre~ 0 Pere 0 Citie 0 Com ~ Slrel ~ Shof 0 Cour http://mmgis.marinmap.org/MarinMap/Print_Process.asp 9/17/2007 February 11, 2008 Margaret Patton R. Denis \f\JiUiams 280 Diviso 8t. Tiburonr CA 94920 Tiburon Town CouncU 1505 Tiburon Btvd. Tiburon, Ca 94920 RE: Project site 275 Oiviso St. Parcet No. 059-07-1-51 Dear Council Members: We are writing this fetter regarding the proposed project of a new dwetting at 275 Diviso St. We have attended 2 meetings of the Design- Review Board and both times our concerns were dismissed as not relevant or of interest to the board or the designirag architect. J am attaching our originaJ letters to this so that you can re\riew our origina' ooncerns. This project is too large for Old TIburon and also removes our entire view of Tiburon Cove. 1O)~~~nw~ Inl FEB 1 2 200e ~I l r ., ~~~~~~)~~~~~,,_..j Our other concerns are pedestrian access and water drainage below to Centro West. We have previously objected that an environmental study was not performed and were told that untess there was proof that there was damage to the environment; then it was waved. There ~s an underground spring on that property and we do hear frogs there in the evening. AJso all the deer live there and sleep there, The service employees that care for the homes above us all walk up that meadow dally_ People going to work on the ferry walk down every morning, My two experiences at the desjgn review board were humtfiating and futHe. i rushed there to participate after working aU day and was ignored ard treated like my opinion did not matter and that my view was of no concem. Wen it is of great concern to us and , wm not be unheard. This project is not acceptable to the Williams famity or any of our neighbors and should be stopped, V.Je would like to keep the small town feel of Old Tiburon and also the peace and tranquility that we pay our property !a'<es foe Please consider our concerns. We do not want a revision of this project. We do not want the project to continue at aU. We will be happy to have any of you visit our property to see the impact on our view this weekend either Saturday, Sunday or Monday. Please contact me an my eel! phone, (415) 260-8546. (~J1argaret Patton) Sincerely, Margaret Patton and H. Denis Wllliams '. '-~ t--w '_ ) ~/4 ,1 -.,) I . ? .k' l).~/~ './v,~(>~ EXHIBIT NO. 3 Ii)) ~ @-~_.u w rg ~ Ifll FEB 1 2 2008 t':# John and Francesca Madden 2040 Vistazo East Tiburon, CA 94920 PLANNING DIVISION TOWN OF TIBURON February 11, 2008 Tiburon Town Council Members T own of Tiburon 1505 Tiburon Blvd, Tiburon, CA 94920 Re: Appeal ofDRB approval of a new single family dwelling at 275 Diviso Street Dear Council Members: We are writing this letter to express our concerns about the proposed dwelling at 275 Diviso Street. We believe that the review this project received at DRB was incomplete, and that specific issues raised by the neighbors during two contentious hearings were not adequately addressed, As was mentioned in our appeal, the following issues are particularly important to us: . The height of the "central element" of the proposed structure is excessive, unnecessary and blocks primary views of several neighbors. . As proposed, the central element has 14 windows at the top of the tower, and the upper story has an additional 26 windows, This will create grossly excessive light pollution and glare for all of the neighbors. . The effective bulk of the overall structure is not appropriate for the lot or the neighborhood. . Drainage and runoff issues associated with the slope of the property and the soil conditions have not been addressed. Specifically, we request that the central element of the structure be lowered by three feet, and that the 14 windows be reduced to 8 or fewer, In addition, we believe that the remaining windows should be tinted and covered so that no light is emitted at night. Finally, we request that appropriate soil testing is completed prior to approval of the application. EXHIBIT NO. 4 We are grateful for the opportunity to express our concerns to our city council members, and look forward to meeting with you, All five neighbors are long-standing home owners and residents of old Tiburon, and we hope to preserve the character that brought us here in the first place. Thank you for your consideration, and please do not hesitate to visit us on Saturday, February 16th, or Sunday the 1 ih from 12:00-4:00pm. We can be reached at 789-9716. Sincerely, / John Madden Francesca Madden EXHIBIT NO.~ ~ ~;: ~ 2!i 200e f'\ I iPH .11, HI'l ]')11 l...../ ~ ~ Don and Mary Foree 265 Diviso Street Tiburon, CA 94920 PLANNING DiViSiOi< TOWN ()~ Ti~:,)~:9tL~__; Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 February 12, 2008 Dear Council Members, We are scheduled to meet with you on February 20,2008 to consider an appeal to the Design Review Board's approval of building a house at 275 Diviso Street here in Tiburon. As you aware, the vote of the Board was three to two in favor of the construction. Several objections were proffered at two meetings. They included: (1) Serious obstruction of the view for three long-time residents, due to the height of the building. (2) Light intrusion into the homes across the street from the new home, (3) The size of the house is out of proportion to the rest of the neighborhood homes. (4) Real concern about drainage after a heavy rainfall, given the funnel shape of the property and the narrow drain at the street level. (5) Very serious apprehension about soil stability as pilings are drilled and the trees, with their stabilizing root system in the earth, are disturbed and/or removed. (6) Safety for the residents at 275 Diviso as well as the drivers of speeding cars coming around the comer. We recognize that buyers have the right to build a house on their newly acquired property, and that this may cause some adjustment on the part of the neighbors affected by such change. At the same time, as we discuss with you the above-mentioned concerns, we would like to address several other important maters. First, we do not understand how the Design Review Board can approve a design before there has been soil testing. We have been told that this is standard procedure, and then, when the testing has happened, we can voice our concerns. However, this voicing of concern is not done in a public forum. How would we know of such approval and to whom would we voice any concerns? Furthermore, is there any way of assuring us that after such testing and building of the structure, we neighbors would not be negatively affected? We have investigated the possibility of buying insurance or a bond to protect ourselves from such an eventuality. It does not exist. It does not seem reasonable that we EXHIBIT NO. 5 long-time residents may have serious damage to our home, without any recourse to anyone, for the sake of our potential neighbors, Second, the deciding vote in favor of approving the proposed building was cast by the chair of the Board. As we remember, his reasons for casting such a vote were that he has a three thousand square foot house and the proposed three thousand and eight hundred square foot building was not a big deal. Unlike two of his fellow Board members, and the affected neighbors, the Chair did not consider this to be out of proportion to his own home, He further stated that he thought that "Plans are an illusion." We did not understand how this was relevant to the matter at hand. His house may be on an acre of land where all the other homes were on parity with one another. That is not the case on Diviso Street. Third, the plans of this house did not include a swimming pool. The architect apprised of this possibility, but it did not appear on the submitted, and approved, plans. How can the Design Review Board approve the plans when they are incomplete? If this addition was not presented to the Board when seeking approval for building, and the soil report was not done, what other possible factors might be missing that could adversely affect the neighborhood? We are very concerned about what seems to be disingenuous. Our fourth concern is a bit more elusive, but substantially of no less value. The size and impact of this proposed addition to the neighborhood has generated a lot of negativity, as witnessed by two public meetings and this subsequent review by the Town Council. It would be a shame for an out of state person to build a house here, move in, and from the beginning, experience resentment. True enough, we neighbors would have some control over that. But human nature being what it is, it seems to us that were our concerns taken seriously, and the builder/owner willing to make substantial modifications to the proposed plans, a more positive acceptance of his move into the neighborhood would contribute to the overall good of this community and his family. Thank you for your considered assessment of our concerns, We look forward to a thorough discussion and discernment of this matter. Sincerely, ~~ - ~a.o ~ Don and Mary Foree 8~~XHIBIT NO. S Page 1 of 1 Laurie Tyler From: Dean Jones Architect [kaesomdj@earthlink.net] Sent: Tuesday, February 05, 2008 1 :44 PM To: Laurie Tyler Subject: RE: online presentation Errata: WYVWj:temll9Jl~$~~bit~Qt"i~W'!YQI~~GQm 4--- From: Laurie Tyler [mailto:ltyler@ci.tiburon.ca.us] Sent: Tuesday, February 05, 2008 12:39 PM To: Dean Jones Architect Subject: RE: online presentation That link does not work. Laurie From: Dean Jones Architect [mailto:kaesomdj@earthlink.net] Sent: Tuesday, February 05, 2008 12:32 PM To: Laurie Tyler Subject: online presentation Hi Lori- Here the new link to our online presentation portal '!!"!!W,.c:te.(;l.nj.Qn~$,v.ieW'!YQr~,QQ.m Call me should you have any further questions Cheers- Kaeso M.Dean Jones Architect 1624 Tiburon Boulevard Tiburon CA 94920 Phone (415) 4354516 Fax (415) 4350985 This electronic message transmission contains information from the firm of M. Dean Jones, Architect and is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recepient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic message in error, please notify us by telephone (415) 435 4516 immediately EXHIBIT No.L 2/5/2008 '0' ,-n.. . "" 'z. m ~ m < > ~ o Z tD m ~ o ~ I' tD o -t -t o I: , " Q .- ... ... "'ai ... ' . )-'y~ :r..c..~ ~. ~.;h~ t1I["k ~I i, ~~ XJJ_-m ~~ <~ ! {lI~ ~ ~ ~ < In n\ {l1 i r~ \ rn c. {l\ u- I. ~ - ! tl > \ 7-r. 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' ~~~ )< ~ ; ;- .. ~ c} :r:.<ro . ~ rn --\ 1\llG,Ui C)1 ~ ~ w -a ~ W - I , 1 J 1 \ i J I / { r~ lrolo-u. ir \l fj I'J ,~rt"lift (\li:r-n ~r. ~ IT~ I; )r Ul .. !{l\ " I, "" !{l\ ~ , 1~ (j f--t U !91'- I~fl~ i--l\:4 '~Iro r~ 1m fit 1)>- X 1)= ~ I rY I'~!~ , 10\ t31~ IJ>lltl, :0- \\ t~1 l-ml)'f jt).-.tr 1- - ~!{ !-(' I \l~ iJ)i~ j't}m C.~.l i~l{ll · if" I~ (l\~ ~ 10,)> ~~i r\i~ll~ ~o-"'- ' Im-I.. ISI~ -~ ~-~ \:j I ~ ~).. iT-I(} \15ID~ ILII fOlW~ ~ L~ m r \..,~ l'~ lr :> ,~l{lt \1 ro 7\S I -vl-u \\ -r \\l II!,- (\18u lj! \)- '\ ~ f.- IrtT < c:. rn i)' I!" ~~o. 1~1\) Ri~ 1< I:L ~~ :~ 1'\J \-- i: .! S} I} EXHiBIT NO. 71\ '. I\ t')- ^Si\5 O\~ )> I\\., tt(}- U\ ~.- ~ '". I. u_~ ,r <m ~-\\ L, )>~ r-~ lJi.m c{.J rN ~v .< I- I... r \"- MINUTES #19 TIBURON DESIGN REVEWBOARD MEETING OF NOVEMBER 1, 2007 The meeting was opened at 7:00 p.m. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Vice-Chair Frymier, Boardmembers Corcoran, Glassner and Teiser Absent: None Ex-Officio: Planning Manager Watrous, Associate Planner Tyler and Assistant Planner Phillips B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous reported that the application for 21 Gilmartin Drive has been withdrawn and the appeal for 9 Burrell Court has been scheduled for the November 7, 2007 Council meeting. He added that the Kol Shofar Synagogue project will be the sole item on the November 15, 2007 agenda. D. OLD BUSINESS BEFORE THE BOARD i:)t. 275 DIVISO STREET WILSEY/RON, NEW DWELLING The applicant had not yet arrived and Chair Doyle tabled the item. E. NEW BUSINESS BEFORE THE BOARD 2. 2096 PARADISE DRIVE WARE, DECKS/VARIANCES The applicant is requesting Design Review approval for the construction of deck additions to an existing two-family dwelling on property located at 2096 Paradise Drive. A lower level deck would extend to the rear of the existing duplex on the property. A deck would be added to the lower level at the rear of the accessory building near the front of the site. A third deck would be added to the front of this accessory building near the front property line. Variances are requested for reduced front, side and rear yard setbacks. Ernest Ware, owner, briefly described the project and said that he was available to answer questions. TIBURON D.R.B. MINUTES #19 11/01/07 1 EXHIBIT NO...L. There was no public comment. Boardmember Glassner and Chair Doyle said they were somewhat concerned with the proposed setbacks and potential privacy issues; however, they acknowledged there was no neighborhood opposition. Boardmember Corcoran said the project was consistent with other surrounding homes, many of which have similar decks. Vice-Chair Frymier supported the project and said she felt it was a nice improvement to the neighborhood. Boardmember Teiser agreed and said his only initial concern was parking for the property but he confirmed that there is a two-car garage. ACTION: It was MIS (Teiser/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: 5-0. ~l. 275 DIVISO STREET WILSEY IRON, NEW DWELLING On October 4, 2007, the Design Review Board reviewed an application for construction of a new single-family dwelling on property located at 275 Diviso Street. During the meeting the adjacent neighbors expressed concerns with the overall height of the structure, and more significantly with the central element of the home, which served as a green architectural element. This central element would provide natural lighting and cooling for the home, but would also block views of the San Francisco skyline for the neighbor at 295 Diviso Street, as well as block water views for the neighbors across the street at 280 Diviso Street and 2040 Vistazo East Street. The issue of light pollution was also expressed relative to the amount of windows proposed throughout the home, facing uphill. Many of the adjacent neighbors were confused by the modified story poles. Additionally, members of the Board did not all have an opportunity to view the revised poles before the meeting to determine if view blockages would be reduced by the two foot drop. Overall, the Board was pleased with the design of the home, but determined that the applicant should work with the neighbors in reducing the extent of view blockages. The project was continued so that both the neighbors and Boardmembers had more time to review the revised story poles before making a final decision. The applicant has now submitted revised drawings for the proposed new single- family dwelling. The proposed project would still result in a two-story structure with a Mediterranean architectural theme. The upper level would include a living room, dining room, kitchen, breakfast nook, and a three car garage. A deck would TIBURON D.R.B. MINUTES #19 11/01/07 2 extend off the dining room and connect with a larger main deck at the rear of the home, accessed by the breakfast nook, kitchen and living room. The lower level would include three bedrooms, two bathrooms, laundry room, and master bedroom suite. A smaller deck would extend toward the rear of the home with access from the master bedroom suite and two bedrooms. In addition, a five to six foot high entry fence would extend across the front of the property along Diviso Street. Dean Jones, architect, presented the revised plans showing the lowered elevations and said they lowered the upper structure so the ridge height was now 15 feet from the floor to the bottom of the ridge beam. He said the Madden's still had concerns with too many windows facing them and the resultant light. Therefore, they turned two of the windows around to the back side with dormers facing the bay. He said that the window that face the uphill neighbors are 2' x 2' and no direct light would shine up. He presented a 3 - D model showing various elevations and views from neighbors. He noted the dormers on the front of the house with exposed glass had been moved to the other side of the ridge and no longer faced the Madden's home. The Chair opened the public hearing. Margaret Patton said she lives across the street from the proposed home, and said that although there was a lot of discussion regarding the Maddens' and Leas' views, the project would also obstruct their sunset views. She also voiced concerns relating to drainage but acknowledged that the Public Works Department would review and approve drainage plans. She wondered why and EIR was not prep~ed for this project. Planning Manager Watrous said staff is able to exempt proj ects from the environmental review process unless the Town has substantial evidence there will be a significant environmental impact on the property. He also noted that the fact that animals do live on the site is not necessarily a significant impact unless they are endangered species. Ms. Patton said there is an underground source of water on the property and they hear frogs in the evening. She was not sure what evidence was needed to mandate an environmental study, but said there seemed to be a lot of wildlife in the area. She objected to the size of the project, wanted to keep the neighborhood quaint and said the home would not fit well in the area. John Madden said he and his wife, Francesca live across the street from the proposed home. After reviewing the story poles they submitted a letter voicing outstanding concerns and they believe the changes have addressed some, but not all their concerns. He strongly disagreed with the staff report stating that there are minimal remaining impacts, although he acknowledged that the changes do make a difference to the south side of the house. He said the height of the tower was lowered slightly less than 2.5 feet. He said that the Hillside Design Guidelines state buildings should be cut into the hillside and he felt the revised design should have been proposed originally. He noted Belvedere Cove is specifically mentioned in the Hillside Guidelines as an important object to be protected from view blockage. TIBURON D.R.B. MINUTES #19 11/0]/07 3 Planning Manager Watrous noted that the Hillside Design Guidelines in. this matter refer to blockage of important objects in the view such as Golden Gate Bridge, Belvedere Lagoon, Sausalito and Angel Island and does not call out Belvedere Cove as an important object. Mr. Madden said no other structure on Diviso Street has this type of massive tower and their other major issue is the light issue and pollution from the proposed tower. He said the windows in the tower open, which would subject all neighbors to glare during the day and light pollution at night. He suggested that the windows conform to the guidelines for skylights such as non-reflective glass, tinting or bronzing. They also want to make sure the chimney on the south side of the property is low and as narrow as possible. Robin Lea said felt the home was proportionately larger than other homes in the area. She acknowledged that her home was of similar size but sits on a lot twice the size of the applicant's. She still felt the house would be out of scale with the neighborhood. Mary Foree voiced opposition to the home's size, particularly since it would be lowered further into the ground. She wanted to see soils testing be done prior to construction, as she felt the proposal could have an effect on landslides. She also voiced opposition to the removal of trees on the site. Mr. Jones said the tower windows were a very important element for their design, as they provide day lighting and ventilation of the entire upper level. He said the windows would be operated by electric motors and there would be no lights shining up into the window areas. Boardmember Corcoran asked Mr. Jones if tinting could be used which he felt would not significantly affect the building's green design. Mr. Jones agreed to put some tint on the windows without affecting the natural lighting. He felt the eave that would stick out 2-3 feet would actually cut offpart of the Madden's view to the windows. Boardmember Corcoran suggested the 3 front windows be tinted so as not to affect the natural lighting. Mr. Jones said the drainage concerns have been addressed by staff and they will have catch basins on the property, with water carried to the drainage system at the bottom of the site. He reiterated he did not apply for any variances for the project, and the house would be slightly under 3,800 square feet. Chair Doyle confirmed with Mr. Jones that the lower left side would be stucco broken up by metal railings and horizontal planes and confirmed the house's base area would incorporate stone. Boardmember Corcoran said one issue which had not been addressed was the path across the property and confirmed the Community Development Department had submitted a letter to the owner. Mr. Jones noted that the owner is in conversation with the Community Development TIBURON D.R.B. MINUTES #19 11/01/07 4 Director and they are trying to work out an arrangement whereby a path can be accommodated. He confrrmed the path would be located on the south side and that the house plans would not need to be changed if the path were implemented. The Chair closed the public hearing. Boardmember Glassner felt that a remarkable amount of work had been done to the house design. He said that the view blockage would not be significant as it would not affect primary views. He thought the tower and the chimney could possible be lowered, but supported the project. Boardmember Teiser felt that although the home was.beautifully designed, it does not fit the character of the neighborhood. He felt the house was unduly ornate, and said that there were not many Mediterranean style homes in the area, and felt this would be stuck in the middle of other older homes in the neighborhood. He acknowledged that no variances were required, but noted that that does not mean that someone can build to the maximums. He said that the tower was inappropriate and added nothing to the character of the house. He noted that the design still causes the neighbors a lot of concern and suggested the tower be redesigned ~d lowered, which would still allow for ventilation without harming the design of the house. Boardmember Corcoran felt Ms. Patton's home would have the most view impact. However, the lot is vacant and in order to address any view impacts the house would need to be moved too far back on the lot. He stated that the primary view of most of the nearby homes is toward Belvedere and the Golden Gate Bridge. Without being disrespectful to the neighbors, .he felt that losing some water views was a natural consequence of developing this empty lot. He thought the applicant and architect did a tremendous job of trying to work with the neighbors and coming up with a good design. He said that the tower design is not perfect, however, he agreed with the need for green design, said the home was within the zoning requirements and does not require any variances. He said that although there were no Mediterranean designs in the immediate vicinity there were plenty elsewhere in Old Tiburon. He felt tinting on the front windows would be a reasonable accommodation. Vice-Chair Frymier said she still could not support the project. She believes the tower should be removed, and felt that it would block too much of the Madden's views. She agreed that the architect had done a great job on everything else, but still felt that there should be less articulation on the house. She said that the house does not belong in the area, with a larger house-to-Iot ratio than other homes in the area, and would be too visually prominent. Chair Doyle said there was a similar style house on St. Bernard and noted there were a variety of home designs in the area. He felt that the plans were deceiving and almost an optical illusion, as the house would be only 3,800 square feet, which is not a huge house in Tiburon. He said the house has large deck areas and follows the design guidelines by stepping down the hill. He said that a smaller house on this site would face similar challenges. He said if house were moved further down the hill it would impact Ms. Lea's view. He did not feel the tower was too tall and was not overdone. TIBURON D.R.B. MINUTES #19 11/01/07 5 Boardmember Corcoran said at the last meeting he felt the house looked so large because the drawings were so detailed, and that less detailed plans would not seem so massive. Boardmember Teiser said he was not so much opposed to the square footage of the house as much as to its ornate design and poor fit in the neighborhood. He felt the tower could still be lowered with smaller, horizontal windows, and was more opposed to the style of the house. Vice-Chair Frymier felt the design was visually complicated. She agreed that the plans make it look like there is a lot going on with the design. Chair Doyle felt the design was very deceptive which would reveal different shadows of the design in daylight and actually look smaller. Vice- Chair Prymier disagreed and referred to a gorgeous, gold, Mediterranean house in Town which has little articulation and it is over 3,800 square feet, with very little "movement" in the fa9ade. Chair Doyle said if the house was lowered there would be a very little difference in the amount of water view and he was. not sure what that would accomplish. Boardmember Corcoran said the Board could ask to lower the tower slightly, but even if it went down 10 inches, the fact is that this has been a vacant lot and another house c,ould have been built long ago which would have blocked these views. He felt the design was reasonable, as it is a very difficult lot to build on with all of the homes nearby. ACTION: It was MIS (Corcoran/Glassner) that the project is exempt from the provisions of the California Environmental Quality Act and approving the project with the attached conditions of approval, with the additional condition that the front three windows on the front of the home be tinted, and for Staff to review the trees on the side of the house. Vote: 3-2 (Frymier and Teiser voted no). 3. III LYFORD DRIVE PURDY, SPA/ADDITION/VARIANCE A request has been made to construct an attached solari urn in the rear of the existing single-family home located at 111 Lyford Drive. The existing spa in the rear yard would be relocated to inside of the proposed solarium. The existing home exceeds the maximum allowed lot coverage and floor area and the applicant has requested a variance for excess lot coverage and a floor area exception. Ron Wager, architect, said the addition would not be visible from neighboring homes and he felt it was a minor application. There was no public comment. It was the consensus of the Board to support the project. TIBURON D.R.B. MINUTES #19 11/01/07 6 PLANNING DIVISION NOTICE OF DESIGN REVIEW BOARD ACTION Avi Ron 4808 Gibson Street Houston, TX 77007 Notice Date: November 2, 2007 On November 1, 2007, the Tiburon Design Review Board conditionallv approved the following project located at 275 Diviso Street: Consideration of Design Review approval for construction of a new single-family dwelling. File# 707126 Please refer to the attached conditions of approval. Minutes of the Design Review Board meeting are generally available within 3 weeks following the meeting, and will be provided upon request. There is a ten (10) day appeal period of any decision made by the Design Review Board. To appeal this decision, the prescribed form shall be filed in with the Town Clerk, accompanied with the appropriate fee. Appeals will be forwarded to the Planning Commission or Town Council for review. A Building Permit must be obtained for this project. Please inquire at the Building Division for additional information regarding the Building Permit process (415- 435-7380) . Sincerely, d~~~ Laurie Tyler. '~, Associate Planner ...... . I · ~e · ~~ v~ ~.- .z .: ~~ ~o. _. ~~~~: <,-=~o, ,..;('.~., .'1'. O~f\;7.;~~c... :':. T . EXHIBIT NO.~ fCJ. , CONDITIONS OF APPROVAL 275 DIVISO STREET FILE # 707126 *As amended at the November 1, 2007 Design Review Board Meeting 1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued. 2. The development of this project shall conform with the application dated by the Town of Tiburon on September 7, 2007, or as amended by these conditions of approval. Any modifications to the plans of October 22, 2007, must be reviewed and approved by the Design Review Board. 3. Plans submitted to the Building Division for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Division for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Planning Division approval is not valid and shall be subject to stop work orders and may require removal. 4. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 5. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. 6. All skylights shall be bronzed or tinted and no lights shall be placed in the wells. 7. All exterior lighting fixtures shall be "down-light" type fixtures. EXHIBIT No.1 (j '2 cf4 8. Prior to the issuance of building permits, the applicant shall submit verification from a licensed landscape architect that the proposed landscape plan conforms to M.M. W.D. landscape regulations, as required by Town Council Ordinance. 9. Prior to the issuance of final building inspection approval, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Division field. inspection prior to the issuance of occupancy permits. 10. Prior to underfloor inspection, a certified survey of the structure foundation will be required. Required documents shall include graphic documentation locating the building on a site plan and including specific dimensions from property lines and other reference points as appropriate, and elevations relative to sea level of the foundation walls and slabs. No inspections will be provided until the survey results have been verified. 11. The project shall comply with the following requirements of the Tiburon Fire Protection District: a. The structure shall have installed throughout an automatic fire sprinkler system in accordance with NFP A standard 13- D. The system design, installation and final testing shall be approved by the District Fire Prevention Officer (UFC 1003). b. Approved smoke alarms shall be installed to provide protection to all sleeping areas (UBC 310). c. Approved spark arresters shall be installed on chimneys (UFC 1109). d. All vegetation, existing and new, shall comply with the requirements of the Tiburon Fire District and the recommendations of Fire Safe Marin, and the requirements ofUFC 1103. . I .:-; 0 f T IlJ ~. ~ v1' .. ~:.~~ ~o~ _. r;~ ~~: ("',.~~~~,o. .'1:. O~",/~ ,~~ :':. 1 . ~~XHIBITl'io.-L. tJ' 3cR4 12. The following requirements of the Marin Municipal Water District shall be met: a. A High Water Pressure Water Service application shall be completed. b. A copy of the building permit shall be submitted. c. Appropriate fees shall be paid. d. The structure's foundation shall be completed within 120 days of the sate of application. e. The applicant shall comply with the District's rules and regulations in effect at the time service is requested. 13. All requirements of the Town Engineer shall be met. 14. A detailed lighting plan indicating the placement of all exterior lighting and style of lighting fixtures shall be submitted with the construction documents filed for building permits. 15. The three windows on the central element of the home, facing east towards 2040 Vist~o East, shall be tinted to reduce light pollution on the adjacent uphill neighbors. 16. Staff shall review and approve additional landscaping in the form of trees along the northern (right side) side of the property, to aid in screening the home from the adjacent neighbor at 295 Diviso Street. c: Dean Jones, Architect 1624 Tiburon Blvd. Tiburon, CA 94920 ~XHIBIT TOWN OF TIBURON .~ 1505 Tiburon Boulevard Tiburon, CA 94920 Design Review Board Meeting November 1, 2007 Agenda Item: DI STAFF REPORT To: Members of the Design Review Board From: Associate Planner Tyler Subject: 275 Diviso Street; File No. 707126 Site Plan and Architectural Review for Construction of a New Single-Family Dwelling (Continued from October 4, 2007) Reviewed By: BACKGROUND On October 4, 2007, the Design Review Board reviewed an application for construction of a new single-family dwelling on property located at 275 Diviso Street. During the meeting the adjacent neighbors expressed concerns with the overall height of the structure, and more significantly with the central element of the home, which served as a green architectural element. This central element would provide natural lighting and cooling for the home, but would also block views of the San Francisco skyline for the neighbor at 295 Diviso Street, as well as block water views for the neighbors across the street at 280 Diviso Street and 2040 Vistazo East Street. The issue of light pollution was also expressed relative to the amount of windows proposed throughout the home, facing uphill. The architect advised the Board that due to the concerns of the adjacent neighbors the story poles were modified to show a two foot reduction in the height of the structure, with the exception of the garage area. Many of the adjacent neighbors were confused by the modified story poles. Additionally, melnbers of the Board did not all have an opportunity to view the revised poles before the meeting to determine if view blockages would be reduced by the two foot drop. Overall, the Board was pleased with the design of the home, but determined that the applicant should work with the neighbors in reducing the extent of view blockages. The project was continued so that both the neighbors and Boardmembers had more time to review the revised story poles before making a final decision. PROPOSAL The applicant has now submitted revised drawings for the proposed new single-family dwelling at 275 Diviso Street. EXHIBIT NO.1D-. De~ign I'(c:view Board\tceting November L 2007 The proposed project would still result in a two-story structure with a Mediterranean architectural theme. The upper level would include a living room, dining room, kitchen, breakfast nook, and a three car garage. A deck would extend off the dining room and connect with a larger main deck at the rear of the home, accessed by the breakfast nook, kitchen and living room. The lower level would include three bedrooms, two bathrooms, laundry room, and master bedroom suite. A smaller deck would extend toward the rear of the home with access from the master bedroom suite and two bedrooms. In addition, a five to six foot high entry fence would extend across the front of the property along Diviso Street. The proposed structure would result in lot coverage of 4,469 square feet (25%), which is below the maximum permitted lot coverage in the R-1 zone (30%). The proposed structure would result in a gross floor area of3,795 square feet, which is below the maximum permitted floor area ratio for a property of this size (3,805 sq. ft.). The fa9ade of the home is proposed in a Mediterranean theme in both its architectural style and color/materials. Several variations of stone fa9ade in warm neutral colors are proposed around the structure, along with stucco siding in a shade of beige and a multi-colored tile roof. A color/materials board will be available for review at the meeting. ANAL YSIS Desien Issues The design of the home has not significantly changed since the initial review of the project. However, the applicant has made considerable progress toward addressing the concerns of the adjacent neighbors regarding reducing both view blockages and light pollution associated with the new dwelling. Modifications include: · Lowering the entire structure thirty inches (30") into the ground · Lowering the ceiling height by one foot (1 ') in the lower level of the home . Lowering the central element of the home by six inches (6") . Relocation of the dormers over both the garage and guest room to face downhill (west) to reduce the potential for light pollution on the uphill neighbors . Lowering the chimney to the maximum extent possible to meet the building code . Elimination of the architectural feature at the top of the central element of the home. From 2040 Vistazo East Street, the proposed garage area would be hardly noticeable; however, the central element of the structure, which is proposed to be lowered, would still be visible from within the dining room and living room of the home. The owner has expressed gratitude to the applicant for lowering the structure to increase their water views, but would like to see the central element lowered further than the 6" that is currently proposed. From 295 Diviso Street, lowering the entire structure and additionally lowering the central element would now preserve views of the downtown San Francisco skyline. If the central element were additionally lowered, a larger view of Angel Island would also be preserved. It should be noted that the applicant intends to work with this neighbor to choose an appropriate TO\\'N OF Trm'1<o\1 Page 2 (1f 6 EXHIBIT NO. It) Design Rl~vinv Board ,\:lceting November L 2007 tree species to be planted on the north side of the property, which would aid in screening the residence from 295 Diviso Street. Hillside Desie:n Guidelines The following portions of the Hillside Design Guidelines should be used to evaluate the hillside design of the house as proposed: · Goal 3, Principal 7 (a) states that view protection is more important for the primary living areas of a dwelling than for less actively used areas of a dwelling. The proposed dwelling would impede minimally on views from within the living room and dining room of 2040 Vistazo East Street, and minimally from within the living room and outdoor patio of 295 Diviso Street. · Goal 3, Principal 7 (c) states that blockage of the center of a view is more damaging than blockage of a side of a view. A small portion of Angel Island, which is within the left side of the viewshed when viewed from within the living room of 295 Diviso Street, would be impacted. .. Goal 3, Principal 7 (d) states that blockage of important objects in the view are more difficult to accept than blockage of other, less well-known landmarks. The proposed overall lowering of the structure and additional six inch drop in the central element would result in preservation of views of the downtown San Francisco skyline for 295 Diviso Street. Additional lowering would also aid in enhancing views of Angel Island for this residence. · Goal 3, Principal 7 (e) states that a wide panoramic view can accept more view blockage than the smaller slot view. Although the dwelling at 2040 Diviso Street is not designed to have a panoramic view, the dwelling does have a view which extends from San Francisco to the Marin Headlands. The highest portion of the proposed dwelling, which is the central element of the structure, would impede minimally within the right-most portion of this viewshed. The Design Review Board is encouraged to visit the site and surrounding neighbors' homes to view the story poles to better evaluate the extent of this proposal. Zoning The project conforms to the regulations for the Single-Family Residential (R-1) Zone. PUBLIC COMMENT To date, no letters have been received regarding the subject application. T()\v'\! OF TTRI rRClN Page 3 111 6 10 EXHIBIT NO. Design, Revi,l'w Board \'lccting- N\wcrnbcr L 2007 RECOMMENDATION Staff recommends that the Board: 1. Review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding Principles) and the Hillside Design Guidelines; 2. Determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303; and 3. Approve the project subject to the attached conditions of approval. Exhibits: 1. Conditions of Approval 2. Application and Supplemental Materials 3. Design Review Board Staff Report and Minutes dated October 4,2007 4. Goal 3, Principal 7 (a), (c), (d), (e) of the Hillside Design Guidelines 5. Submitted Plans Prepared By: Associate Planner Tyler TC1\VN OF TrHI 'RON EXHIBI;;;~~ 10 ~ ~ r ~ i~ ! ~- \ ~- ~ ~ ~ ] 3. o .. ' z EXHIBITNO.~ f~J 2 cP S- ,.. :2 ~ ~ ~ ~. ~ ..... z U ~ ~. ;z ~ 1" 8 1: ~ . .. . :t: )- \1 II EXHIBIT NO. --'(f'0- f~'~ ,. , ~ t:;'li:"... ',' '. ~ -: "'.';. ,:.~. . .. ~. ; .c'.". _. ... -+ ~ · ~{:~~c.u L ""~" . -fT /' ..'r'.-I.~liif.I~.]~:;~ \ I ~ \' i L \ EXHIBIT No.iL~ ~ 5 cP6 3u' r John and Francesca Madden I AT'E MAI'-l # 1\_ J 2040 Vistazo East 1.1\. . .. . ...u:L- Tiburon, CA 94920 October 23, 2007 Ms. Laurie Tyler Associate Planner Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Ms. Tyler: Thank you for coming back up to our house today to view the revised story poles for the proposed single-family dwelling to be located at 275 Diviso Street. As we discussed we believe that the proposal to dig the structure somewhat deeper into the hill is an improvement over the initial plan, but we have two remaining concerns about our loss of water views. Our primary concern remains the unnecessarily high tower over the entry hallway on the north side of the house. This structure is nearly 17 feet high, with windows surrounding the perimeter. No living space is involved in this very tall part of the house so it does not affect the homeowner's view, while it impairs our water view. We request consideration of lowering this portion another foot from the current story poles. While we understand that Dean Jones may have needed to build this high in Napa to cool a house, it is certainly not needed by the bay in Tiburon. Additionally, the windows that surround this structure will create far more light at night than properly designed skylights would. Our nighttime view would be seriously harmed if this structure is built as proposed. One possible solution to this issue would be the installation of some form of window coverings that could block out the hall lights that will shine up into the windows every night. As a secondary matter, we want to make sure that the chimney on the south side of the property is as low and narrow as the permits will allow. Now that the two tier structure of story poles has been removed, we can clearly see this chimney above the roof line. We understand that the chimney on the north side of the property has now been narrowed and lowered to the extent possible under the code. We request that the chimney on the south side of the property also conform to these parameters. EXHIBIT NO. 1% We look forward to discussing these important concerns on November 1 st, and would be happy to discuss them further with you before then. If you wish to speak with us prior to the meeting, please contact Francesca at 415.789.9716 (home) or 415.517.5428 (cell). Sincerely, /j A( ../,/ i),// /..-1'k' A / ) I '---:rohn Madden .cJto./Y\l:.2tJCf)L MM ~ Francesca Madden EXHIBIT NO.----1Z- Page 1 of 1 Laurie Tyler LAtE MAIL # D I From: Dean Jones Architect [kaesomdj@earthlink.net] Sent: Wednesday, October 24, 2007 4:27 PM To: Laurie Tyler Subject: Ron residence 3d pics Hello Laurie- Here is the link to the on-line slide show presentation with the 3d images of the Ron Residence at 275 Diviso. www.terranova.viewwork.com <http://www .terranova ~YJ-_e_~~Q!:_l<:~~Qm/> Cheers- Kaeso M.Dean Jones Architect 1624 Tiburon Boulevard Tiburon CA 94920 Phone (415) 4354516 Fax (415) 435 0985 This electronic message transmission contains information from the firm of M. Dean Jones, Architect and is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recepient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic message in error, please notify us by telephone (415) 435 4516 immediately EXHIBIT NO. 1'5 10/24/2007 LATE MAIL # 0 I ~ @ ~l wi-- OCT ~~ 2007 - @ October 26, 2007 To: Tiburon Design Review Board From: Robin Lea 295 Diviso Street, Tiburon, CA PLANNING DIVISION TOWN OF TISURON , i i &.~-~..! Re: Proposed Project @ 275 Diviso Street As requested by the Board at the meeting in October, the story poles for the new house have been adjusted. The new poles indicate the upper rooflines, as viewed from my main outdoor seating area, no longer block my city skyline view. I appreciate the effort made to make these changes. I am still uncomfortable however with the overall size of the house relative to the lot. While the house is within the specified guidelines for maximum coverage, I believe that some consideration should be given to what is appropriate for such a steep lot. Because of the angle, the structure protrudes out over the lower section making it appear even larger than it is and that entire building length will be visible from my angle. I was advised that I would be able to select trees that would be planted help obscure that view and give privacy as well, however, it will be many years before they would grow to full height. While the overall height has been lowered, it doesn't seem that the issue of light from the upper hallway and other windows has been addressed. Also, the drainage issue seems to have been glossed over. I have seen rainwater, during a winter storm sheeting across Diviso Street into my lot and then down into that lot. With so much ground that will now be covered, I can't help but wonder about where that water is going to be directed. I know there is an underground stream that runs from above my lot under my kitchen area and then down into that lot. That's why the pear tree and the redwoods do so well without watering. Lastly, there is the ongoing issue of parking. This house has the potential for five family cars. Then add the service people and visitors. I am concerned about cars whipping around the corner as they already do now and hitting cars that will be parked up to the corner of Diviso and Vistazo. Thank you for your time and consideration. /~ oL EXHIBIT No.L No v. 1. 2 0 0 7 7 : 5 7 AM No. 6855 P. 2 October 30, 2007 LATE MAIL # b-I fo)~@~nw~~ lml OCT 3 1 2007 IYJ Margaret Patton R. Denis Williams 280 Diviso St. Tiburon, CA 94920 PLANNING DIVISION TOWN OF TIBURON Ms. Laurie T' yler Associate Planner Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 RE: New Dwelling at 275 Diviso St. Old Business - Design Review Board for Nov 1, 2007 Deal Ms. Tyler: This letter is in regard to the above proposed building on the lot at 275 Diviso St. We previously wrote a letter protesting the building of this house and were heard at the Design Review Board meeting of 10/4/07. Since that meeting we have major objections to the building site due to tbe view from our property. We frequently enjoy viewing the sunset from out "poTch" area that my son also uses with his friends. It is a perfect view of the Tiburon Cove and the sunset and we sit there frequently after a hard day at work. It would be a terrible impact on us to loose this view. We love to enjoy our home and property just like anyone else in this beautiful community. We do not think that we or our neighbors should have to give up any of our views due to a new constmction, no matter how green it is. We enjoy the wildlife that live in that meadow and do not want to loose our view of the Tiburon Cove because of a new home that would be more suited to Gilmartin Drive. The project is too big and we still have concerns regarding the drainage. If you have not lived here during the winter, then you don not know the impact of the water drainage down that meadow. It is enormous. It can be like a raging river. Finally, we just feel that the building (no matter how green it is) is too large for Old Tiburon and the neighborhood. We feel that any building on this lot should provide for pedestrian access and emergency access. My husband grew up in this meadow and knows for a fact that there were California Tree frogs and there is also a natural spring to the north of the property and it has always been somewhat of a marshland with wildflowers. Why has the Environmental Impact Report been waived? There are many questions not answered from the Town of Tiburon. Nature should not be disturbed in this sensitive area.. EXHIBIT NO.~__n. Chair Doyle said he understood that the objecting neighbor has a side view impact from two lots across. He felt the house was a great improvement, particularly when viewed from Tiburon Boulevard. ACTION: It was MIS (Frymierffeiser) that the application is categorical exempt from the provisions of CEQA and approving the project with attached conditions of approval. Vote: 5-0. Chair Doyle called for a break at 7:49 p.m., and thereafter, the meeting was reconvened at 7:55 p.m. ?6. 275 DIVISO STREET WILSEYIRON,NEW DWELLING The proposed project involves the construction of a new single-family dwelling on a currently vacant lot. The upper level would include a living room, dining room, kitchen, breakfast nook, and a three car garage. A deck would extend off the dining room and connect with a larger main deck at the rear of the home, accessed by the breakfast nook, kitchen and living room. The lower level would include three bedrooms, two bathrooms, laundry room, and mast€r bedroom suite. A smaller deck would extend toward the rear of the home with access from the master bedroom suite and two bedrooms. In addition, a five to six foot high entry fence would extend across the front of the property along Diviso Street. The proposed structure would result in lot coverage of 4,469 square f~et (25%), which is below the maximum permitted lot coverage in the R-1 zone (30%). The proposed structure would result in a gross floor area of 3,795 square feet, which is below the maximum permitted floor area ratio for a property of this size (3,805 square feet). Dean Jones, architect, described the project and his discussions with several of the neighbors. He said that he visited Robin Lea who lives on the corner across the street. He said that the original story poles blocked out Ms. Lea's view of San Francisco, and he presented two photographs from her home, while seated on her patio. He said they did not change the height of the story poles but lowered the ribbons on them only very recently. He showed photos indicating the suggested height of the structure, which would drop the building 2 feet into the ground with the exception of the garage. He presented another illustration of being seated on Ms. Lea's patio which takes out a small segment of the hip on the roof element of the Bay but still leaves the skyline. Vice-Chair Frymier said she was at the property around 1 :00 p.m. to 3 :00 p.m. today and she did not see the lowered view, felt it seems like a waste of time moving forward with the project since the Board did not see the lowered taping. Mr. Jones said the tape was confusing, but the adjusted tape reflected the new ridgeline of the roof. Planning Manager Watrous recommended proceeding with the item, as there were many neighbors who may want to address their issues. Mr. Jones presented additional photographs from a seated position on the Lea's couch. He also showed photos taken from the Madden's home across the street and view from the De Mandel's deck at 2021 Vistazo East. The Chair opened the public hearing. TIBURON D.R.B. MINUTES #17 10/4/07 EXHIBIT'NO.~ f~ . ~ cfs- Robin Lea said she has lived next door for about 11 years. She said her aunt sold the subject lot in 1972 and was sure no house would ever be built there to spoil the view. Ms. Lea said that she did not realize a 4,000 square foot house could be built on the lot. She stated that the proposed house would be almost the same size as hers, even though her lot is more than twice the size. She said that she would prefer a smaller house be built and said that the house would impact skyline views from her living room and outdoor patio. She said that she misunderstood the new tape on the story poles and said that she would still lose a lot of her views of Angel Island, some water, and a comer of the city view, replaced with a broadside view of the entire west side of the house. She said that Mr. Jones indicated to her that they would agree for her to choose trees to screen the lower level and if the house is lowered by two feet, they would have less of a view of the building. She noted that the chimney has also been reduced in height. She said that a recent appraisal of her house referred to her world class and maintaining her view is very important. She believed that the center tall hall intended for ventilation and light could still be lowered somewhat and the windows be made smaller or eliminated to reduce the overall mass and resolve intrusive light issues for her neighbors. She said that the process has not been antagonistic and the neighbors are good at compromise, so she felt the matter could be worked out to everyone's satisfaction. John Madden said he lives directly across the street from the proposed property. He said the proposed structure obstructs 7/8th of the water view from their dining room and family room. He stated that the highest section would have a 17 foot high ceiling with windows wrapping aroUIid it and he voiced concerns with height and lighting from the three windows facing directly across into their master bedroom. He said Mr. Jones visited the house and explained green building practices and the proposal to eliminate the cupola. He said that they are confused by the story pole ribbons and he requested clarification about portions of the project design. He said that reducing the height 2 feet and eliminating the windows would be great and he asked also that new story poles be erected without the ribbons. Rob De Mandel, said their primary concerns have to do with minor water view impacts and lighting effects in the upper portions of the structure on their nighttime views. He said that a pathway goes through the property which has been used for many years. He said that they would see some of the front and top of the house, and he voiced concerns about lighting from the upper parts of the building. He felt the path would be useful for safety reasons in the case of an emergency evacuation as well as for hikers and commuters who are able to walk down to the ferry or bus stop. He asked that the effects of lighting be mitigated and thought that lowering the upper parts of the building would help. Doug Foree said he has no view problems, but questioned the project's approval prior to an evaluation of a soils report. He felt the proposed house was beautiful but looked like a small hotel and seemed too large for the area. He questioned the definition of the CEQA exemption, and Planning Manager Watrous explained why staff made a preliminary determination that the project would be exempt from CEQA. TIBURON D.R.B. MINUTES #17 10/4/07 EXHIBIt No.L f~} 2~--) Mary Foree voiced opposition to views being obstructed for Robin Lea and other neighbors. She said they were fortunate to have an incredible view and wished that the project could be situated on a larger lot. Margaret Patten said she lives across the street from the project and said that they would lose their view of the Belvedere Cove. She acknowledged that this is not their primary view but they currently enjoy it and her husband is an avid fisherman who often looks at the tides. She said there was not enough parking in the neighborhood and many construction trucks go up Diviso very fast. She suggested a shuttle system be provided for construction equipment and workers for this project. She discussed the pathway and escape routes and felt the situation would be dangerous in an emergency without this path. She thought the home was large, acknowledged the rights of property owners to build and felt the home would be beautiful, but voiced concerns over neighbors' view impacts and the entire construction process. Bill Lukens said he lives directly below the site, and was shocked to see how big the house is proposed to be given its location in Old Tiburon. He felt the project was out of character in terms of its size, prominence on the lot, visual bulk, and view impacts. He felt there was enough room to move it down the hill and suggested the siting be revisited. He stated that tpe path has been in existence for as long as 45 years. He said that the path connects to the downtown and in light of our Get Ready Marin program and concerns about preserving paths, he felt it should be retained. He noted the path has always been used openly by the public and asked for an official opinion from the Town Council. He said that the home would be sited right on natural drainageway for the lot, and felt it will create serious issues unless properly analyzed. Sherry De Mandel echoed her husband's comments, stating that their main concern is the lights at night. She thanked staff and the Board for their work and thanked Mr. Jones who was also their architect. Mr. Jones addressed the central element on the structure, noting its value for day lighting. He said that it is an essential part of the project, as there would be no air conditioning units, and it is a way of doing natural convection and moving air through the house. He said the applicants are sorry they cannot be here and would be happy to lower the house, as they want to be good neighbors and reach a good compromise. He noted that the windows around the top element are all operable and 2 feet square, so the windows are not too big and their main function is for air movement and day lighting. Boardmember T eiser questioned if there were other ways of lighting, such as skylights facing toward the Bay and away from the neighborhood and use of roof ventilation rather than the architectural feature. Mr. Jones said skylights would face the south and be counterproductive to the actual function of drawing air from the north side of the house. He said they have also expressed an interest in being more self-sufficient and installing some photovoltaic panels in the future which would be on the south side. He added that another function of the element is as a part of the sculptural form of the roof. Mr. Jones noted that the chimney would be lowered 5 feet and it would be a gas frreplace. He said that they removed a detail element at the Madden's request and could also consider removing the dormer on the dining room, but the dormer brings TIBURON D.R.B. MINUTES #17 10/4/07 EXHIBIT No.L 1'- fj,3<1-5 light and ventilation into the- dining room. He thanked every9ne for their comments about the house being beautiful, and noted that there are no variances requested as part of this application. Boardmember Corcoran felt some of the house's massive appearance would be obstructed by trees. Mr. Jones noted that they would allow Ms. Lea to select the size and species of the trees and they will plant them, adding that they are really trying to cooperate with the neighbors. Chair Doyle said that the elevation drawings flatten out the structure and the shadows being cast are not seen, but he still felt that the house would look somewhat like a hotel. Mr. Jones said they have taken special concern and consideration in terms of articulating the design, noting the horizontal and vertical offsets which would break up the bulk and mass. Boardmember Corcoran said Mr. Lukens mentioned moving it downhill and also referred to the issue of the public pathway. Mr. Jones said the reasons they did not move the house downhill was because it would be more of a view obstruction for Ms. Lea and increase the distance from the street to the garage, causing access problems on a downslope. He noted that there is also consideration for putting in a swimming pool on the lower portion of the property. He stated that the owners would prefer not doing the pathway. He had a meeting with Direc,tor Anderson and they discussed liability, responsibility, maintenance, care, expense, liability, and at this time the owner would not want to pursue the pathway for all of those reasons. He added that the path could result in privacy concerns, as it would run past the master bedroom. Boardmember Glassner asked if an easement for a public pathway had been established. Planning Manager Watrous said Director Anderson has discussed this issue with the Town Attorney. He said that although there is a path across the property that has been used by the public, a public path has not been legally established. He stated that the Town would like to see the path established but does not have the authority to require it at this time. The Chair closed the public hearing. Boardmember Teiser felt the public path must addressed by the Town, not the Board. He suggested continuing the item, as there were many issues with neighbors and the Board must be comfortable with the view corridors and what the house would or would not block. He noted that the house is below the FAR and lot coverage, but he felt that does not mean they have a right to go up to the maximum and build what seems like a massive house on the lot. He felt that a CAD rendering or model would be helpful to understand the perspective of the mass of the house on the lot. He said that he was glad that there would be no lighting in the central tower and that it would be lowered. He wanted to see a landscape plan showing the location of the trees and the location of the swimming pool. He suggested that a preliminary drainage plan address water runoff to the lower areas would be helpful. Boardmember Glassner felt the presentation was premature, as there were significant view issues with a number of neighbors which have not been addressed. He stated that more work was needed to drop the roofline, spread out the house or make it smaller. He said that light pollution issues remain due to the number of windows, even if there would be no lighting in the tower. TIBURON D.R.B. MINUTES #17 10/4/07 8 EXHIBIT NO.~ f:J ,tjd '5' Boardmember Corcoran thanked the architect for providing a gorgeous design and wished the Board did not have to desecrate it with changes. He thought that the house could be approved as is in a different location, but due to neighbors' concerns and view issues, changes need to be made. He appreciated the environmentally sensitive design and thought that perhaps some views could be given up to accomplish the green design principles. He acknowledged that any time a home is built next door, property values will be somewhat affected, but he felt Design Review is a balancing process and the applicant has a right to derive value from the property. He was unclear about the pathway and felt it would be helpful for the Town staff or Town Attorney to provide some guidance on the matter. He said that it would be a nice gesture for the applicant to work with the Town on the pathway, as such paths give neighborhoods character. He stated that the Board needed to view the revised story poles. Vice-Chair Frymier stated that when a house is built on a vacant lot, there will always be resistance. She felt the architect has been very diplomatic and cautioned everyone in moving forward. She stated that the issue of the pathway is a legal one and not in the Board's domain. She felt the architect has done a great job thus far, but she said that the house did not feel like it would be indigenous to the area. She characterized the design as too busy and over-articulated. She said the applicant was "not making friends" by bringing in a large Medittirranean house, a pool and no pathway, and view issues, and she recommended a continuance. Chair Doyle said that this is a beautiful design and felt that the mass it was something of an optical illusion and would not be as large as it appears from the drawings. He said that the design follows the Hillside Guidelines, has been lowered and stair stepped the house down the hillside. He thought the materials were beautiful and believed that the house would blend nicely into the hill and be more hidden when viewed from below by the decks and trees. He liked the idea of a public pathway, but felt it was more of a neighborhood issue. Vice-Chair Frymier noted that the Board did not talk extensively about the view issues, which were a resounding concern, and she asked the architect not to forget this issue. ACTION: It was MIS (Teiser/Glassner) to continue the application to the November 1, 2007 meeting. Vote: 5-0 Chair Doyle called for a break at 9: 11 p.m., and thereafter reconvened the regular meeting at 9:18 p.m. 7. 85 EAST VIEW AVENUE AREA EXCEPTION HOPPE, NEW DWELLINGN ARIANCE/FLOOR The applicant is requesting Design Review approval for the construction of a new five-story single-family dwelling on property located at 85 East View Avenue. The subject property is currently vacant. The first (lowest) level of the house would include a two-car garage and a one-car garage, along with a utility room. The second level would include two bedrooms, a bathroom and a laundry room. The third level would include a master bedroom suite, along with a guest room and bathroom. The fourth level would include a family room, kitchen, dining room and a TIBURON D.R.B. MINUTES #17 10/4/07 9 EXHIBIT NO. IL ~ Town ofTIburon. 15051iburon Bo~evard .TIburon, CA 94920. P. 415.435.7373 R 415.435.2438 · www.ci.tiburon.ca.us PLANNING DIVISION NOTICE OF DESIGN REVIEW BOARD ACTION .-- Dean Jones, Architect 1624 Tiburon Blvd. Tiburon, CA 94920 Notice Date: October 5, 2007 On October 4, 2007, the Tiburon Design Review Board continued the following project located at 275 Diviso Street to the November 1. 2007 Design Review Board meeting: Consideration of Design Review approval for construction of a new single-family dwelling. File# 706126 In preparation of the DRB meeting, please complete the following requirements no later than October 22,2007. 1. Please submit six (6) additional sets of full size plans and ten (10) sets of reduced (11 "X 17") plans, 2, Revised storey poles Please feel free to contact me directly at (415) 435-7397 if you have any questions, Sincerely, ,~J ~' ~:~~~ Laurie Tyler ' " Associate Planner c: Avi Ron 4808 Gibson Street Houston, TX 77007 EXHIBIT NO.J? TOWN OF TIBURON ~ 1505 Tiburon Boulevard Tiburon, CA 94920 Design Review Board Meeting October 4, 2007 Agenda Item: F6 ~ STAFF REPORT To: Members of the Design Review Board From: Associate Planner Tyler Subject: 275 Diviso Street; File No. 707126 Site Plan and Architectural Review for Construction of a New Single-Family Dwelling Reviewed By: PROJECT DATA OWNER: KATHLEEN & NICHOLAS WILSEY APPLICANT/ARCHITECT: A VI RON/DEAN JONES ADDRESS: 275 DIVISO STREET ASSESSOR'S PARCEL NUMBER: 059-071-51 FILE NUMBER: 707126 LOT SIZE: 18,050 SQUARE FEET ZONING: R-1 (SINGLE-FAMILY RESIDENTIAL) GENERAL PLAN: MH (MEDIUM HIGH DENSITY RESIDENTIAL) FLOOD ZONE: C DATE COMPLETE: SEPTEMBER 13,2007 PRELIMINARY ENVIRONMENTAL DETERMINATION Town Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA), as specified in Section 15303. PROPOSAL The Town has received an application for construction of a new single-family dwelling located at 275 Diviso Street. The property is currently vacant. The proposed project would result in a two-story structure with a Mediterranean architectural theme. The upper level would include a living room, dining room, kitchen, breakfast nook, and a three car garage. A deck would extend off the dining room and connect with a larger main deck at the rear of the home, accessed by the breakfast nook, kitchen and living room. The lower level would include three bedrooms, two bathrooms, laundry room, and master bedroom suite. A EXHIBIT NO. IS ~. I cf'c4 smaller deck would extend toward the rear of the home with access from the master be-droom suite and- two bedrooms.' In addition, a five to six foot high entry fence would extend across the front of the property along Diviso Street. The proposed structure would result in lot coverage of 4,469 square feet (25%), which is below the maximum permitted lot coverage in the R-1 zone (30%). The proposed structure would result in a gross floor area of 3,795 square feet, which is below the maximum permitted floor area ratio for a property of this size (3,805 sq. ft.). The fa9ade of the home is proposed in a Mediterranean theme in both its architectural style and color/materials. Several variations of stone fa9ade in warm neutral colors are proposed around the structure, along with stucco siding in a shade of beige and a multi-colored tile roof. A color/materials board will be available for review at the meeting. ANALYSIS Design Issues The proposed structure is designed to take advantage of views primarily from/San Francisco to Belvedere, including but not limited to, the San Francisco Bay, the Golden Gate Bridge, Sausalito and the Tiburon Harbor. The lot is currently vacant and contains mature redwood, oak and pear trees throughout the site. The site is nestled between Diviso and Centro West Streets and slopes steeply downward towards Centro West Street. The adjacent property owner at 295 Diviso Street (north) has raised concerns regarding potential view blockages from their living room and exterior patio accessed from both the living and dining rooms. Staff visited the home and verified that from within the living room, views of Angel Island and portions of downtown San Francisco would be lost. From the exterior patio, similar views would be lost. A majority of the view blockage from both the living room and patio would result from the tallest portion of the proposed dwelling, which serves the purpose of providing light within the home. This section of the roof is elevated approximately six feet in height with windows on each side to allow natural light into the home, while providing a roughly seventeen foot high ceiling within the structure. If this six foot high section of elevated roof were eliminated, dropping the house down in height by six feet, views of Angel Island and downtown San Francisco would be maintained. The property owner across the street from the site at 2040 Vistazo East raised similar concerns regarding potential view blockages from their dining room. Currently the home maintains views to the west of Belvedere Cove, the Tiburon Harbor and the Golden Gate Bridge. Views of San Francisco can be seen from additional windows facing south within the dining room; however, the home is oriented to take advantage of views to the west. The proposed dwelling would impede on views of the Tiburon Harbor and water due to the elevated section of the roof which again only provides light into the home. If this section of the roof were eliminated, the neighbors would not lose as much water view. In addition, the proposed entry fence which would extend across the length of the property along Diviso Street may also impede on similar views of the water. EXHIBIT NO. .11. _ ~ During Staff review of a prior submittal for a new home on the site, the property owner at the time was-advised of a public pathway leading up towards the ,base of the site from below Centro West Street. Currently, a dedicated public pathway is not provided across the subject site. The owner was willing to provide a pathway along the southern property line; however the project was withdrawn and to date, no legal public pathway exists. The current property owner was advised of the possibility of a dedicated pedestrian pathway across the site, but has not shown interest in doing so. Town Staff and the Design Review Board legally do not have the authority to require the applicant to provide a dedicated pedestrian pathway across the site. If the owners wish to provide one, they would need to approach the T own to discuss the possibility of establishing a pedestrian pathway easement across the site. Hillside Desil!n Guidelines The following portions of the Hillside Design Guidelines should be used to evaluate the hillside design of the house as proposed: . Goal 3, Principal 7 (a) states that view protection is more important for the primary living areas of a dwelling than for less actively used areas of a dwelling. The proposed dwelling would impede on views from within the living room at 295 Diviso Street and from within the dining room at 2040 Vistazo East Str~et. . Goal 3, Principal 7 (c) states that blockage of the center of a view is more damaging than blockage of a side of a view. The left portion of the view from within the living room at 295 Diviso Street would be lost due to the elevated section of the roof extending across the length of the home. . Goal 3, Principal 7 (d) states that blockage of important objects in the view is more difficult to accept than blockage of other, less well-known landmarks. From within the living room at 295 Diviso Street, Angel Island and downtown San Francisco would be lost. From within the dining room at 2040 Vistazo East, water views and a small section of the Tiburon Harbor would be lost. The Design Review Board is encouraged to visit the site and surrounding neighbors' homes to view the story poles to better evaluate the extent of this proposal. Zonin2 The project conforms to the regulations for the Single-Family Residential (R-1) Zone. Public Comment To date, no letters have been received regarding the subject application. CONCLUSION There appear to be architectural features which would elevate portions of the roofline, resulting in clerestory windows and very high ceiling heights. Staff would recommend that these areas be ; (~\-\:'",\,-~ Pc;~~.."> r< c, EXHIBIT NO. II r:.t:1. .~ cf4 lowered or eliminated, and the project re-evaluated to determine if the structure would still impede on viewsheds for the surrounding neighbors. RECOMMENDATION Staff recommends that the Board: 1. Review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding Principles) and the Hillside Design Guidelines; 2. Continue the application; 3. If the Board wishes to approve the project, it should be determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303, and fmdings should be articulated for the requested approval. Staff would recommend that the attached conditions of approval be applied. Exhibits: 1. 2. 3. 4. Conditions of Approval Application and Supplemental Materials Letter dated September 27, 2007 from Robin Lea Letter dated September 27,2007 from Robin and Sherry Long DeMandel Letter dated September 27,2007 from John and Francesca Madden Submitted Plans 5. 6. Prepared By: Laurie Tyler, Associate Planner EXHIBIT NO. II ffj .4cF4 ~~~~\-l s;-~ ~ 1:) \~lt tS>\4, ~.\~' & EXHIBIT NO.Jet ..- IllL-E? ~e>To , s,-~~t> \~ ~ C~ ~~_ t ~ , PA-r-lo t)ta.r>~wt MA~~W'-A~ ~ \.i,.....'t?Jlfth f~~UtA..~.r\ ~..i , \~."...~~..... ~'\~~ .... ...... " ~ ........ ~-L-l ~.-. ~ ~ S) t)-.~ ~ \I. ~"~ tz.. ' -tlgw ~~ n 1fi\!I~U\..~..9.... +)~rc..tJ\ M~.bb\ILU ':t\l,-....tlltltt') # ~w~'ta.n ~~ })4) ~ 't: t\tI,)2.. \ ~ n.. ,1-c,u.> ~B6~~~ 5) ~YLt>W( ~)ruV\ v.~oo...", 1.\.L.t"..~\'",h. Th~ ~]jt~IWYT~J)~ September 27, 2007 To: Tiburon Design Review Board \~ i Re: Proposed Project @275 Diviso Street I am the immediate neighbor residing at 295 Diviso Street to the west of the above project and have enjoyed an unobstructed view of the bay to the south including the downtown skyline for more than fifty years. Of course, I realize that eventually a house will be built on the vacant lot and because of the size and angle of my property and house location most of the view will not be affected. However, the story poles as shown do affect the most important view from my house. Most of the downtown skyline will be obscured (as shown in the enclosed photos) from my primary living room area and outdoor deck. I have recently had my home appraised and in an area where the values are measured by the degrees of view, this will certainly change the description of my view area especially as it relates to the main outdoor seating and entertaining area. I have looked over the plans very carefully and notice that the highest point is an area over what is essentially a hall from the entry area to the rear of the building, which rises to a height of nearly 17' inside. No interior living space would be sacrificed if this clerestory hall were to be lowered by three feet and it would still maintain a very dramatic line to the view beyond. In addition, the chimney could be lowered by 2 feet and still meet the code for distance to the roof area Dean Jones, the architect for this project designed the addition to my home several years ago and I know that we should be able to reach a compromise that will meet the new homeowners requirements but not affect property values for the surrounding neighbors. Sincerely yours, /&-eu-lZ ~ Robin C Lea V(~ (/3S--aOj EXHIBIT NO. 20 ~,loP') ~\Mt'-t'1 · '\ ~. ~; '~1~j r~ i~'~ 2.i~1)iaJl~ C;'f. vi s~~ (~\M McUt\ ~~4.'tII'\ l o.,VQ. ~ ~1cl<T6T s ) \ ' , ' EXHIBIT NO. :lIJ f9,2efS- 1 . I tt~r.t~ ~ '. 2'l~ () ,v'l~l) ~r M~ Li "~/\i N'ru. Vi~ t.V ( \ EXHIBIT NO. to PJ 3cP S- 1 4 . EXHIBIT NO.~ ~.4c-- 5 _ ~"" e{{~1<- '$.i#; It, tUt ~ EXHIBIT NO.~ m.5,~ Robin E. and Sherry Long De Mandel 2021 Vistazo Street East Tiburon, CA 94920 September 27, 2007 \1 J' ~ :,! Ms. Laurie Tyler Associate Planner Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Ms Tyler: We'd like to thank you for meeting with us yesterday regarding the proposed construction of a new single family dwelling at 275 Diviso Street. As we discussed, we have concerns in three areas: 1. View impact: Our primary view, from both our living and dining rooms, is to the south, and includes Belvedere and Belvedere Lagoon. The proposed structure will cause a modest reduction in our view of Belvedere Lagoon. Lowering the height of the tallest portions of the structure by 3-5 feet would significantly reduce the impact on our water View. 2. Light: Because the proposed structure is to the south and below us, any windows, skylights and outdoor lights would adversely affect our nighttime view. We therefore request that, to the extent possible, these impacts be minimized. Outdoor lights should be shielded so that the light is directed downward. 3. Pedestrian access between Diviso and Centro West Streets. Another issue concerns the decades-long use of a path through the lot as a community pathway connecting Diviso and Centro West Streets. This pathway has served as an extension to the public pathway that connects Mar West, Las Lomas Lane and Centro West. In combination, these paths constitute a fast, direct, and convenient pedestrian route connecting our neighborhood, downtown and the ferry terminal. It has enabled some ferry commuters to walk, thereby reducing automobile traffic and parking demands. Elimination of this path would add approximately three city blocks to this route (see attachment). Providing one narrow strip, similar to the one that connects Raccoon Lane and Vistazo West, for this purpose would thereby continue to benefit the entire neighborhood. We believe the Town also has an interest in keeping this route open as part of its overall disaster plan. The path would shorten the evacuation routes if either Diviso or Centro were blocked in the event of a disaster. We have been residents here since 1993. We bought this particular property in order to enjoy the beautiful water view of Belvedere Lagoon. We look forward to discussing these issues with you, before or during the October 4th meeting. We can be reached at (415) 435-9751. Sincerely, / !) "', I ". f J) ! t ' k~bin-9E~DiJ:~i~~ ... I ".~ ,II,/'" /":C., 4.)7.~...e ~ Nt ~~-f!.--LL?-P Sherry Long De Mandel Attachment EXHIBIT NO. 2' EXHIBIT NO.~ John and Francesca Madden 2040 Vistazo East Tiburon, CA 94920 \i I September 26, 2007 Ms. Laurie Tyler Associate Planner Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Ms. Tyler: We appreciate you taking the time to meet with us today to discuss the proposed single- family dwelling to be located at 275 Diviso Street. As we discussed, we have a number of significant concerns about the design of the proposed structure. Our main concern is the inappropriate height of a number of the sections of the house. In addition, the house has the potential to radically change the neighborhood at night due to excessive lighting. Our home is located directly across the street from the proposed structure, and will lose significant value if it is built as proposed. Specifically, our most important concerns are as follows: . The section of the house identified as the "entry" (currently identified by poles numbered 21,22,23,24, top ridge and one unnamed pole) are so high that they destroy much of our primary water view. As we understand the drawings, this section does not house a room and is architectural in nature. We believe it should be materially lower than called for in the initial plan. We also see a cupola in the plan that adds nothing for the homeowner but ruins our view of the cove and part of Belvedere. It should be removed. . The section of the house identified as the roof above the "dining room" (currently identified by poles 14, 17, 8) also eliminates a significant portion of our primary water view. This section of the house should also be materially lowered. . The chimney on the north side of the property (currently identified by pole 28) is an eyesore that should be lowered materially with the two roof-lines mentioned above. . A massive structure such as the one proposed for 275 Diviso typically has significant front lighting. While we have not yet been able to view the lighting plan, we are very concerned about the amount of light that will be visible from our home at night. Our master bedroom faces towards the proposed house, and our sleep is likely to be affected by the lights. EXHIBIT NO.~_ We bought our house in 1994 because of its beautiful water views. We enjoy watching the sailboat races from our deck on Friday and Saturday nights. Our primary goal in buying a home in Tiburon was to be near the bay and see it every day. As proposed, the structure at 275 Diviso will ruin that experience for our family. We look forward to discussing these important concerns on October 4th, and would be happy to discuss them further with you before then. If you wish to speak with us again prior to the meeting, please contact Francesca at 415.789.9716 (home) or 415.517,5428 (cell). John Madden Francesca Madden EXHIBIT NO.-tt- ./ \ \ \ \ \ \ \ \ \ \ \ \ ."~ -'1 -otI \, '\ ''1- l Page 1 of 1 Laurie Tyler LATE MAIL # F-t I, ~ : or. ,- . . .." ""''''ur-'' _.......... . I , 'rr \: i f From: Bob Hamer [bob@hamer.com] Sent: Tuesday, October 02,2007 12:58 PM To: Laurie Tyler Cc: Dean Jones; avirontx@yahoo.com; 'Dean Jones Architect'; Connie Cashman; Dan Watrous Subject: 275 Diviso - Hamer Letter Supporting Proposed Design Hi Laurie, I live at 4 St. Bernard Lane, directly adjacent to the proposed home at 275 Diviso. I have reviewed the plans prepared by Dean Jones firm and talked with Avi, the new homeowner. We are not adversely impacted by the proposed home and I think it is a beautiful design that will add to the character of our neighborhood. I support approval of this home by the Design Review Board. Best, RCH Direct 415-860-8000 4 St. Bernard Lane EXHIBIT NO.~, 10/2/2007 LAtE MAIL # r 6 Date: October 3, 2007 0,:, ( \ To: Design Review Board From: Don and Mary Foree 265 Diviso St. Tiburon, CA 94920 Re: 275 Diviso Street; File No. 707126 Site Plan and Architectural Review for Construction of a New Single-Family Dwelling Two days ago we received an invitation to voice our concerns about the proposed 275 Diviso Street dwelling. We note that our neighbors were able to write sooner as they seemed to have been informed of the matter earlier. We live at the property immediately east of 275. We write to you regarding the proposed building of a house at 275 Diviso Street. We have several concerns: (1) Because of the potential seismic effect to our property at 265 Diviso Street, we ask that the Board's approval of the building next door be deferred until a thorough soil report has been made. As we know from our experience adjacent to this property, the earth has shifted appreciably over the years. The contemplated drilling of piers into potentially unstable ground will adversely affect and seriously impact our home. A further concern is that of drainage. As neighbors we are asked to concur with a possible Board approval of a building project, which may have negative effects on the neighborhood and us, before the proper testing has been done. We ask that such approval not be given at this time. (2) We have a concern for the ecological impact of the project. It appears that the architects are sensitive to the preservation of the existing trees. However, we cannot but wonder about the root systems any excavation would surely affect. Tampering with the intricacy of such a system would also adversely affect the stability of a hillside that already looks precarious. Again, we ask that no approval be given until investigation of this matter has been completed and reviewed. (3) The proposed house, which is clearly a beautiful structure, appears to be out of scale to both the lot and the surroundings. Weare not talking about the footprint, but the mass of the house. It could be mistaken for a small hotel. A new home on this lot must be harmonious to the surroundings. This home is too big. Thank you for your kind attention to our concerns. ~~ ~~ EXHIBIT NO.~ Oct. 4. 2007 8 : 57 AM No. 6565 P. 2 LATE MAIL # {(6 ~t 3 2007 _ ~ . 0 ',on. R~ Denl8 Vtlilliams MatGaret PaIfgn MfOM80 Sl llbUtOR~ oa 94WO Mi. Laurie TPJr ~AiUI. Town €A 1lburon 1801lTG\n"QJl BlVd: 1'tbw'c:n CA 94820 Dear Ms~ Tyter~ Ttli$1eIler i$ regmding the ~ ~ cf II new dw=: 21S 0iIr\!D St We hAYebeen hOme-owners here SinCe 1949~ QeNsMSbeenfl' . WOFb ~fOr 1h8 :r~"TDlmfgr~tast2Q~~ilan~fQr~amisd8l~ out tr\ WinW ftJml$. for _"" "" tn<I f\QQQe Ind ~ Q{tI\$.~ one (j, our ~ 1hlit~~_bM!llU_~.ES:lfi...ftmy,~~~.f!I.. . one of the 'only emergency eXftS from - nu. CWN dOWn frOm the hBt stnceVIitalO west i!a ~ at 1he drt roaa and IMtl the Ate . o. '*"' 91' tt:'tt ~ny commuters ~~=~~~;':-ft~~~the -, The- recent tusm in ~ and temuddhg tf homeS in HitI'uNen have ~used an l'llUtdtatg&tfucMflOIAtUPetld~OM$I)st~.~tf\dSdd~flII Gay_ Tt18tr:UdlS~~at~ ~-::r-~dllsefbn8S am dust e.. day tang, One day when 'He had ~ time we . '\S~. OUt: =~.:===~~=~=~ parktng for th8 resiCf8ntS. we tIaW patkad in that area for over 'SO years anCI wit nMCI to have SlllIe ~.made1lilh the- ........$. ~ JlI8n fDft!Ne their ~ across the sH!i, lom us. tji: i 4/ ; 1 TM~~wta.b\QQ(Qijf~~Qf~QoyeeAQWI ~ the value Of our heme bY ~ 100%. Of VieW ,and 1!n~ that js. WhIt we ~y 'our mmetlv taxes for. Dents 1$<< ttMfl ,of TiJurQA ~ W'ldwoutd tike .to~ Hs ~-tlhis~and ~jenC& by aaytnQ fOCal and In toMlandava&lable for em~88 as he has been for the \em. 20~. MnaJrwe wouid ike to sarthat the buDdingbooin in Tiburon ha's 'goltert out of conint There has to be 8 'Iml on the amount d ~ and workers &t&oweCJ ~ these narrow roads thatmtonger nave cenl't!r Jines. t dlenfhfmv.self~.betweeft a asttentmd and a lumber tIeI\ieIV ruct< tl)Wlg ttt~ doWn tne n>>t"ttt work. Aeasaaonot slOW Ills stnJdUre to 'be bUiIt'in suctl a sensiUVe area. . SJnc8*y. ftJIBrgaret 'Patton 'R. Denis wmtams U\~~ EXHIBIT No.2' EXHIBIT NO. 1:7 -- EXHIBIT No.-Z7 LAte MAll #r~ October 4,2007 Town of Tiburon Design Review Board Attn: Laurie Tyler, Assistant Planner Tiburon, CA 94920 \ q .\ Dear Sirs: I call your attention to the damaging great effect on the principal corridor of view of the beautiful home at 295 Diviso Street, which is next door to a proposed house at 275 Diviso Street, by the current plan of construction. This construction should not be allowed in its present form. As a former builder, I think this structure could be located farther downhill and lowered in height without losing the view they are trying to achieve. Also, I think this house could be redesigned to be more compatible in style and size to the existing houses in the neighborhood. I am a retired general contractor and have built over 100 structures in Marin County while I was in business for nearly 40 years. I participated in the remodeling and building the new addition at 295 Diviso from 1999 to 2002 and am presently residing there. In the evening, from the main deck off the living room, I have enjoyed many hours looking at the skyline of San Francisco especially the sunset effects on the Bank of America tower and it is a beautiful sight to see. Enclosed is a picture of the story poles at 275 Diviso taken at-eye level from the main patio and this is what you and I will see. N ow not only will we lose the downtown skyline, but we are left with a broadside view of the full height and mass of the proposed building. I have read the Town's Hillside Guidelines in regards to view protection of any home in town and I plead to the members of this board to reject the current plan presented as drawn since it is not within Goal 3, Principal 7 as regards to the protection of views. Thank you for your attention and consideration. ~~~ ~y~~~ H. Daniel Del Pino EXHIBIT NO.A- {f).lcP~ (tJ - c; EXHIBIT NO.~ tB.zcf3 10 ~ :> EXHIBIT NO. ZIi ~3' 6J?~ TIBURON FIRE PROTECTION DISTRICT 1679 TIBURON BOULEVARD, TIBURON, CALIFORNIA 94920 TELEPHONE: (415) 435-7200 FAX: (415) 435-7205 RICHARD PEARCE, FIRE CHIEF ChI. TO: TIBURON PLANNING DEPARTMENT DATE: ~03, 2007 FROM: Ron Barney, Fire Marshal ~ fSjj5. RE: 275 Diviso Street The proposed addition of the residence at 275 Diviso Street shall comply with the following requirements of the Uniform Fire Code and the Tiburon Fire Protection District : 1) The structure shall have installed throughout an automatic fire sprinkler system in accordance with NFPA std. 13-D, The system design, installation and final testing shall be approved by the District Fire Prevention Officer, UFC 1003 2) Approved smoke alarms shall be installed to provide protection to all sleeping areas. USC 310 3) Approved spark arresters shall be installed on chimneys. UFC 1109 4) The vegetation on this parcel shall comply with the requirements of the Tiburon Fire District and the recommendations of Fire Safe Marin, UFC 1103 Thank you for the opportunity to review the plans. cc: EXHIBIT NO.~ PROTECTING THE COMMUNITIES OF BELVEDERE AND TIBURON LAWRENCE P. DOYLE LAND SURVEYOR-CIVIL ENGINEER 100 Helens Lane Mill Valley, CA 94941 (415) 388-9585 (415) 388-0412 fax email:doylelpd@aol.com I ' September 27, 2007 Town of Tiburon Planning Department 1505 Tiburon Blvd. Tiburon, CA 94920 Re: A.P.059-071-51 275 Diviso Street Tiburon, CA 94920 On September 27, 2007, my office verified the heights and the locations of the story poles located at 275 Diviso Street. The following story poles are according to the Roof Plan and Site Plan prepared by Dean Jones Architects: S.P. 1,2,6,7,8,9,10,11,12,14,15,17,20,21,22,23,24,25,27,28,29,34,35,36,37,39,42 as well as the two story poles marking the highest ridge at El. 167,50', S incerel y , t{~r> P<;;),.A Lawrence p, Doyle P.L.S. 4694 Exp. 9/30/09 EXHIBIT NO. 3D TOWN OF TIBURON LAND DEVELOPMENT APPLICATION TYPE OF APPLICATION ~eSign Review (ORB) o Design Review (Staff level) o Variance o Conditional Use Permit o Precise Development Plan o Secondary Dwelling Unit o Zoning Amendment/Prezoning o General Plan Amendment o Change of Address o Tentative Subdivision Map o Final Subdivision Map o Parcel Map o Lot Line Adjustment o Certificate of Compliance o Other o Floor Area Exception o Sign Permit o Tree Permit APPLICANT REQUIRED INFORMATION PROPERTY SIZE: I ~ 0 r:)<:.:) ~';1: ZONING: 12 -- \ SITE ADDRESS: 2-}:::> --r;.? l V I > C7 C7T(~~>F~~:r PARCEL NUMBER: (] ~I - crT I - t.:'~;, \, I OWNER OF PROPERTY: f'-\ ' k/-.:.:l k Lt:'-_';:":l~' \/0; L ;.7e)1.... ~. N I Ch(>1-A L~ ,~. V\j. L' ;,..(::;.( ;Ti? J) MAILING ADDRESS: y'.J t;:~(7',\( 1-+ )/-;77 ..' CITY/STATE/ZIP1\o<'c C~ T:',~ PHONE NUMBER: ~'I !~) .,4 r;'1-- - "~I >:' (~r /~ FAX I ' '14 ([T./ t APPLICANT: (Other than property Owner) AV i T~>),J ..- i;. ('; ~~A< MAILING ADDRESS: 4,.i;,j~:, G;e>;"c7),j ':i'C CITY/STATE/ZIP (.kX,},'~Td',j-'r;:\--tf(,'i' PHONE NUMBER: .,1'1 '?'/ S 6 ,.~ -- -4 t=~ ( 0> FAX -1 I),) - 86x (:; ( h 8 ARCHITECT/DESIGNER/ENGINEER: 'l.,.)r~'~/",: J MAILING ADDRESS: I f"z,.:;{ '(": ~)" ,1ft 0 ,,) T(,A,i~',-- ,F~ (~;, i., (\ (rE=:<:~' ;'~ . ' :,/ L.- ' '(I' .,'... el, <s:-:';.! ). < /. ( Please indicate with an asterisk (*) persons to whom Town correspondence should be sent. BRIEF DESCRIPTIQN OF PROPOSED PRO~ECT (attach separate sheet if needed): " lV .'''"' )' '1.,,')J/ , ( . ,.r. .~. l, . ".. ." 1 ' . . / ' . ,.- --' \ J . ...', , e _ ~~:~> _~) i .' r.\ \/~l 4,;:jr'A}'-)C,~'-- / ff_~_. .... I"--~t- - L/.'l ~ _~--~"I-- --'i/",) ,,-:: ~' ~7 \~ ~ /.:...1.,:h 1 '..-' k)~,' ./ 7'"'....1, ":,. ,.- (<L... --rt.) \--,'.. ,-.A ... L ~ 1" 1 . <el:' i (' ;I~/ "I ;-f~,~,) I -r '" J I, I" \','C:{) l~',;;. ( k(:;' '""I 1_ /... (f/-l-' I I, (.it"..), ',j \ j I } \',.1....._; , I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief_ understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that might result from the third party challenge. *Signature: Date: */f other than owner, must have letter from owner DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING INFORMATION ;tzt) 2--r~ Application No.: "7 b7 (Z-c. . GP Desi~nation. cJ Fee Deposit Date Received: . "I{'ll!)? . {e~ted By: ~ Receipt # '~'11 Date Deemed Complete: _~ D . ~ By: ?Jl ActinQ Body: DllD Action: .A,:~'(l)}tLl. Date: 1\ / \ 17 K: , E Conditions of Approval or Comments: Resolution or Ordinance #: nil I r HIBIT NO.~___ ~ I cf'~ September 27, 2007 Laurie Tyler Office of Planning Division Town ofTiburon 1505 Tiburon Boulevard Tiburo~ CA 94920 Dear Laurie: Per our conversation a few minutes ago, I would like to confirm the fonowing: 1. I am a Trustee of the Alfred S. Wilsey, Jr. Administrative Trost, which owns the property located at 275 Diviso Street in Tiburon; and 2. The Alfred S. Wilsey~ Jr. Administrative Trust has authorized the filin,g of a design review application for a new, single family dwelling located at 275 Diviso Street; Tiburon. Please caJllne if you have any questions regarding this correspondence. Thank you. Sincerely, " ,tIlJt~t~ M.~Be~Isey P.O. Box 1423 Ross, CA 94957 (415) 451-9898 kathywilsey@oomcast.net EXHIBIT NO.~ ~ lcf4. DESIGN REVIEW SUPPLEMENTAL APPLICATION FORM FOR NEW RESIDENCE OR OTHER MAIN BUILDING Please fill in the information requested below (attach separate sheet as needed): Use of Site (example: single family residential, retail, office, service, etc.): Existing: VAcANT' LAND )0 ()XJ t/; I Proposed: tv~vJ ~;?-~~~O~ f}...J ~~ANIffAN ~-ti.(L.p::.-, Yards (Setbacks from property line)(Section 16-1.5(y)* fJ /f::-.. Front ft. I? ft. ft. ft. Rear N ft. 1.- 6 I dtz.. 1.0 % ft. ft. Right Side N ft. ~ ft. ft. ft. Left Side N ft. ft. ft. ft. Maximum Height f'/IA ~o ' ft. C{) (Section 16-5.6.7)* ft. ft. ft. Lot Coverage ;'.,0 4J 4-6<=[ 5 ?llo (Section 16-5.6.8)* sq.ft. sq.ft. sq.ft. J sq.ft. Lot Coverage as 0 .~? 2. t.L €> &:J Percent of Lot Area Ok 0/0 Ok Ok Gross Floor Area fJ I~ 1JI1if~ S 8J5 -1 6aJ (Section 16-1.5(f))* sq.ft. sq.ft. sq.ft. I sq.ft. Net Floor Area N/~ fJ/~ )J/A Sq.ft. (if office building) Sq.ft. Sq.ft. Sq.ft. Section 16-5.8.4 Number of Parking (7 ? 2- Spaces Provided spaces spaces spaces spaces 1ection numbers refer to specific provisions or definitions in the Tiburon Municipal Code, Chapter 16 (Zoning). DESIGN REVIEW SUPPLEMENTAL ApPLICATION FORM: NEW RESIDENCE OR MAIN BUILDING TOWN OF TIBURON JUNE 2006 5 GI EXHIBIT NO. g 6B.3~ SFP 1 C 'r'f;~n PLANT LIST ," Client: Mr. & Mrs.Avishai Ron, 4808 Gibson Street, Houston Texas, TX 77007,1-713-896-4815 Property address: 275 Diviso Street, Tiburon, Ca 94920 A.P .N, 059-071-51 Number of Container Mature On drip Common name Botanical name height Spacing Decidious Evergreen plants size size &width line 1 Jaoanese Maole Acer Palmatum 1 24" box 20/20 nla x no 2 Lavender Dendata 15 1 aal 3'/3' 3' x yes 3 Birds of Paradise Strelitzia reainae 1 1 aal 5'/5' 5' x yes 4 Birds of Paradise Strelitzia reainae 1 1 aal 5'/5' 5' x . yes 5 Jaoanese Maole Acer Palmatum 1 15 aal 20/20 nla x no 6 Jaoanese Maole Acer Palmatum 1 15 aal 20/20 nla x no 7 Japanese Maple Acer Palmatum 1 24" box 20/20 nla x no 8 Japanese Maole Acer Palmatum 1 24" box 20/20 nla x no 9 Birds of Paradise Strelitzia reainae 6 1 aal 5'/5' 5' x yes 10 Aaave Agave Attenuata 6 1 aal 5'/5' 5' x yes 11 Heavenly bamboo Nandina Domestica 4 1 gal 8'/2' 2' x no 12 Quince Chaenomeles 1 24" box 10' 15' x no 13 Banana Schrub Michaelia Figo 1 1 Qal 4'/8' 5' x no 14 Banana Schrub Michaelia Fiao 1 1 aal 4'/8' 5' x no 15 Lavender Lavendula Dendata 10 1 gal 3'/3' 3' x yes 16 Lavender Lavendula Dendata 10 1 gal 3'/3' 3' x yes 17 Aaave Agave Attenuata 4 1 aal 5'/5' 5' x yes 18 Banana Schrub Michaelia FiQO 1 1 Qal 4'/8' 5' x no 19 Aaave AQave Attenuata 3 1 Qal 5'/5' 5' x yes 20 AQave AQave Attenuata 4 1 Qal 5'/5' 5' x yes 21 Birds of Paradise Strelitzia reainae 3 1 aal 5'/5' 5' x Ives 22 Lavender Lavendula Dendata 4 1 aal 3'/3' 3' x I yes 23 Aaave Agave Attenuata 2 1 aal 5'/5' 5' x Iyes 24 Maiden hair tree Ginkgo biloba 4 15 gal 40/40 6' x no 25 Maiden hair tree Ginkgo biloba 4 15 Qal 40/40 6' x no 26 Maiden hair tree Ginkgo biloba 4 15 gal 40/40 6' x no 27 Existing Pear to remain nla 1 15 gal 20'/20' 20' x no 28 Aaave Aaave Attenuata 3 1 aal 5'/5' 5' x I yes 29 AQave AQave Attenuata 5 1 Qal 5'/5' 5' x yes 30 Meyer Lemon citrus 3 5 Qal 6'17' 7' x no 31 Aaave Agave Attenuata 6 1 aal 5'/5' 5' x yes 32 Mever Lemon citrus 1 5 aal 6'n' 7' x no 33 Lavender Lavendula Dendata 30 1 Qal 3'/3' 3' x yes 34 Birds of Paradise Strelitzia reQinae 3 1 Qal 5'/5' 5' x yes 35 Mever Lemon citrus 1 5Qal 6'17' 7' x no 36 Mandarin Oranae Citrus 1 5 aal 12'/12' nla x no 37 Grafted citrus tree nla 1 15 aal 20'/20' 20' x no 38 Grafted apple tree nla 1 15 Qal 20'/20' 20' x no 39 Asian Pear Pear Communis 1 5 Qal 20130 nla x no 40 Azalea Azalea Japonicum 8 1 aal 6'/6' 6' x no 41 Azalea Azalea Japonicum 6 1 aal 6'/6' 6' x no 42 Rhododendron Fastuosum flore 3 1 gal 6'/6' 6' pleno x no EROSION CONTROL: 1 On slopes greater then 3:1, any open areas of exposed soil shall we planted with native grasses for stabilization. 2 During construction, any exposed soils shall be stabilized with waddle NOTES: 1 a. Irrigation sytem shall be a multi-zoned drip conventional system controlled by an electronic timer; design build. b, Irriaation water shall be drawn from domestic supply c, A rain sensing shut-off device shall be provided for the timed irrigation system. EXHIBIT NO.~ m .4ef.4 [O)[g @ [g O\'Q [g~ 1m FEB 1 2 2008 ~ LATE M- AIL #. {!fI- / 111\ I,: ,.: ' '.J.- U.'ltf 295 Diviso Street Tiburon, CA 94920 February 12, 2008 PLANNING DIVISION TOWN OFTIBURON Tiburon Town Council 1624 Tiburon Blvd. Tiburon, CA 94920 RE: Proposed Project @ 275 Diviso Street (New Dwelling) Appeal of Design Review Decision (Scheduled 2/20/08) lD) ~~~~W~ n1l 1m FEB 1 3 Z007 \!!J TOWN CLERK .TOWN OF TIBURON Dear Council Members: As the immediate neighbor to the north of the above proposed residence, I am writing to ask that you overturn the approval by the Design Review Board of the revised plans submitted 10/22/07. The structure was lowered from its original height retaining my downtown skyline view, but I am still losing my view of Angel Island that I have enjoyed for more than fifty years from my primary outdoor seating area and living room. Thinking of the impact on my immediate neighbors as well, I believe the center clerestory hall could be lowered further, by as much as two or more feet. The size of the windows at the top of the hall could be made smaller or even eliminated entirely without affecting any interior space, impairing light penetration or air circulation. The Staff Report states that the center hall windows are intended to provide light to the interior of the house. Upon study of the plans, I see that the upper floor, which includes the kitchen, center hall and living room, is unobstructed by any interior walls. I have counted twenty-six door and window panels around the exterior of those areas. Certainly, that amount of glass should be more than sufficient to provide light to the interior. There are fourteen additional windows in the upper clerestory. In my house, the combined living room and dining room is about the same length as the proposed hall and the ceiling is the same 17 feet high. There are half as many windows and doors, with no openings in the roof area I can assure you there is more than enough light in the interior. Given our temperate climate, except on the warmest of days, I get plenty of air by opening a single slider. When it does get over 80 degrees, I have a ceiling fan for additional circulation in the living room. Inasmuch as there were objections from all five immediate neighbors, I do not believe enough consideration was given to our concerns, nor did we have any opportunity to respond to the Board members' comments before they voted. Only two of the Board members visited my home and spoke with me personally. Mention was made of how "green" the design is and how it follows the Hillside Guidelines. Having now had the opportunity to read those Guidelines myself, I realize that they are not enforceable by law, but what is the purpose of having them if they are not applied in all situations? Please refer to the following in the Tiburon Hillside Guidelines: GOAL 1: Reduce Effective Visual Bulk and Monumental Excessively Large Dwellings Comment: This building covers the entire upper lot from setback to setback. Because of the steepness of the lot, which we have calculated to be about 25%, by necessity the house must be placed higher up the lot to preserve views for the homeowner. This effectively increases the lot coverage area because the lower portion is unusable. The county is becoming more aware of this as more steep lots are being developed and has reduced the square footage subj ect to design review. In this case, a big house appears even larger because it is forced up into a smaller space. GOAL 2: Reduce the Environmental Impact of New Dwelling... [ view corridors~ visual pollution. noise pollution.... privacy~ property values. etc. to avoid conflicts.) Comment: Instead of water, the view corridor for the Madden's, Williams', and De Mandel's looking out across Diviso Street is now filled with a huge tile roof. Nighttime light from the upper story affects the Madden and De Mandel house. My home will have an excellent view into the upper bedroom, living room and breakfast room areas. Principle 6: Avoid Large Expanse of Windows Comment: The entire upper and lower story is completely faced with windows. Principle 7B: Sunlight Should be Excluded by Noon to Avoid Excess Heat Buildup Comment: In the summer, facing the same way, I sometimes find it necessary to close the doors and the drapes to shut out the heat. Principle 8: Landscaping Comment: There is little, if any, any shade protection for the upper level since all rear plantings and existing trees are below the deck area. Principle 10: Acoustic Privacy Comment: Noise from outdoor activities and the future pool will affect the Forre's on the other side who will be less than fifty feet away. Principle 12: Parking Should have Minimum Impact Comment: A five-bedroom house spells potential for five cars. There is inadequate street parking on Diviso narrow as it is. Where will the many service people park? J GOAL 3: Preserve Principal Views Principle 7D: Blockage of Important Obiects in the View. . .. (Golden Gate Bridge, Belvedere Lagoon, Angel Island, Sausalito) is More Difficult to Accept Than Less Well Known Objects Comment: Even though view of the cove and Belvedere itself are not listed as "important objects", we who have any view of the water in Tiburon, I think, would say that it's very important to the enjoyment of our property as well as to the added value of our homes. Lowering the overall height of the center section would save at least some the views without effect on the enjoyment of the same views by the owners. Mention was made at the second meeting of another large Mediterranean style house in the neighborhood, which is at the top of St. Bernard Lane. As I recall, there was considerable controversy over that house also because of the size, height and exterior color used. I believe the tower on that house was lowered considerably, nearly to the adjacent roof line and the overall character of the house remained. I would add that because that house is on a hilltop and is so far above this immediate neighborhood, it is not visible except from below. Finally, issue of the style was been raised. I acknowledge the right of the developer to choose whatever sty Ie they wish, however, some judgment should be exercised when building within an established neighborhood of older homes. Weare after all in Old Tiburon. Looking up into this area from downtown along the shoreline, with the exception of the big house on St. Bernard, most of the houses seem to have given up their individual importance. For the most part, square footage has been secondary to location and orientation to our incredible view. Please don't allow it to be spoiled for long-time residents. I invite you all to come into my home to view the site from my outdoor seating area Also, I would like you to see how a 17-foot high ceiling looks and how a IS-foot ceiling looks which is the height of the center section of my house. Please call me to arrange a time that I might meet with you this weekend or anytime before the meeting at your convemence. Thank you for your time and consideration of this matter. Sin,ce. rely yours~ V" ,d.' . /V~ Robin Lea 415-435-1801 r:t\C' ' 2 ~~ct?77 . 3 r~ fJl; 'R.. tJ~ r ,"-'! Lf /' ' ;U-i~ DJv/sc ~ (.(~ ')-( ~(-' j- \/ ~ f'r o-rv, <Y--t fat. c> '...-- '>..!( q+, Y\~ (..</}"{. <1 ~ l- Cl5 P UV ISO ." T ' Kes;otM\t~ 5~oW.n~ ?u~\ ~d.v(Cl~A h~ ~/')- LATE MAll # tf,~i' Robin E. and Sherry Long De Mandel 2021 Vistazo East Tiburon, CA 94920 ~ ~:~::-~~ ~\ ~ \ PLANNING DIVISION TOWN OF TI8URON February 12, 2008 Tiburon Town Council Members Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 fD) ~~~~W~ ~ lf1J FEB 1 3 2007 lJ!) TOWN CLERK .TDWN OF TIBURON Re: Appeal of the Design Review Board's (DRB) approval of a new residence at 275 Diviso Street Dear Council Members: We are writing to express our opposition to the plan approved by the DRB for this lot, and to ask your help. We think that, because the approval was granted without adequate consideration of important issues raised by all five affected neighbors, the DRB's decision in exercising its discretion was inappropriate. Our primary concerns are: . View Impact The proposed structure is to our south, and is therefore in the foreground of our view of San Francisco Bay. Two features of the DRB approved plan have a negative impact on our view: 1) the multitude of windows (26 on the upper level and 14 in the central tower) will create light pollution and glare at night, and 2) the 17 foot central tower affects some of our water view. . Size of Structure The steepness of the lot necessitates locating the proposed house primarily on the upper level of a long, narrow lot. Thus, the structure size, although within floor area ratio guidelines, has a magnified visual impact. We ask your help by directing that: 1) the central tower be lowered by three feet, and 2) the number of windows in the tower is reduced to 8 or fewer, and that the remaining windows facing Diviso Street and the residence at 295 Diviso be tinted and covered so that no light is emitted at night. We feel these are reasonable changes to request. Other neighbors have additional concerns, such as drainage and soil conditions. We have owned our home since 1993. The current plan for this lot, if built as approved, will affect our view and the quality of our neighborhood. Thus, we are appealing to our elected representatives to help us in our effort to retain the wonderful character of our neighborhood and to preserve our nighttime view. Weare available for Council member visits Saturday, Sunday and Monday. Our telephone number is: 435- 9751. Sincerely, --.......... ( , '\ Ii , <) /. V C~,./"- .- ',I'" J,I. ,',;J:' '", ", ,,' ,',J " l. -'I' . ().....~ V'\/tv-~ ' MJv.,.~ Y4, f{~-~~ Sherry Long De Mandel Robin E. De Mandel Town Council Meeting March 19, 2008 Agenda Item: jJlI~ J ST \FF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Approve the Ling Precise Development Plan (PD #24) to Create Three Building Sites on a 5.6 Acre Parcel; End of Stony Hill Road; Joe Ling, Et AI, Own en; or's Parcel No. 055-261-10; File No. 30705 Reviewed b : RECOMMENDATION Staff recommends that the Town Council conditionally approve the revised three-lot Ling Precise Development Plan evaluated in the Addendum to the certified environmental impact report (EIR) for this project. PROJECT DATA Address: Assessor' s Paf{~el Number: File Number: Lot Size: General Plan: Zoning: Current Use: Owners: Applicant: Date Complete: End of Stony Hill Road 055-261-H) 30705 5.6 Acres Medium Low Density Residential (pD-R-u, up to 1.0 unit/acre) RPD (Residential Planned Development) Undeveloped (Large Undeveloped Parcel) Joe Ling, et al Scott L. HochstrasserlIP A, Inc. October 26, 2007 BACKGROUND~ROJECTIUSTORY The following is a brief timeline for the Ling Precise Development Plan: . In July 2003, the Ling Precise Development Plan application was submitted, requesting development of a 5.6 acre property located at the end of Stony Hill Road into five (5) single-family residential lots. . The application was deemed complete in February 2004 and a Draft Environmental Impact Report (OEIR) was released in April 2005. 1,',\\['; ( 1,lunci! \kclin\~ \ i~\ll'h I L), "\I\!t-\ . On June 8, 2005 the Planning Commission directed Staff to prepare the responses to comments and a Final EIR. . On December 8, 2005 the Planning Commission recommended certification of the EIR to the Town Council. The Town Council certified the Final EIR on January 4, 2006. . On August 23, 2006, the Planning Commission considered the merits of the Precise Development Plan. The Commission determined that the five-lot project design was unacceptable and adopted Resolution No. 2006-20 recommending that the Town Council approve a modified version of a two-lot project (Alternative 5) evaluated in the certified EIR. . The applicant withdrew the Precise Development Plan application prior to the Town Council hearing on the project. The applicant subsequently hired a new architect and development team and submitted revised plans proposing three (3) homes on the property. The Town's environmental consultant prepared an Addendum to the certified EIR that evaluates' the changes in environmental impacts associated with the revised project design. PROJECT DESCRIPTION The revised application seeks approval of three homes on the 5.6-acre property, along with grading and slide repair, ancillary residential improvements, a roadway, driveways and installation of utilities. The precise development plan would provide for the development of a single-family dwelling on each of the three proposed lots. The property is located at the end of Stony Hill Road to the southeast of Gilmartin Drive, above Las Palmas Way, Mantegani Way and Tiburon Boulevard, and would be served by an extension of Stony Hill Road within an existing 50 foot wide roadway and utility easement (RUE) connecting to Gilmartin Drive. The site is generally surrounded by single-family residential homes along Las Palmas Way, Mantegani Way, Tiburon Boulevard, Owlswood Road, Stony Hill Road and Via Paraiso East. The Stony Hill Road extension would terminate at a new cul-de-sac. The applicant would offer this road extension for dedication to the Town for public street purposes. Individual driveways would connect each of the three proposed homes to the proposed public street. The Stony Hill Road extension would also provide access to a recently constructed home at 15 Mantegani Way, as required in a 1998 legal settlement between the Town and the owner of 15 Mantegani Way. The existing access to 15 Mantegani Way from Tiburon Boulevard and Las Palmas Way would be closed to vehicular traffic, except for emergency vehicles. The topography of the Ling property is characterized by a Town-designated ridgeline on the northerly end of the site near the current terminus of Stony Hill Road, with the remainder of the site sloping down generally from northwest to southeast. Slopes on the site range from near level to over 40%. 1\1'-:', ) 1 'd I \'\\ II ( IJunlll \kcLin,'2, \lcllTh 19, '1,i! Vegetation on the site consists primarily of French broom, interspersed with small areas of non- native grassland. Mature trees are located on portions of the upper and lower reaches of the site. A proposed 20 foot wide public access easement (described as dedicated public open space on the submitted drawings) would provide pedestrian access from the proposed Stony Hill Road extension to the existing Town-owned open space adjacent to the northeast boundary of the property. Approximately 58.2% of the site is proposed as open space (either private or public) with no structural improvements. Approximately two-thirds of the site is underlain by landslides that would be stabilized as part of this project. Up to approximately 75,000 cubic yards of material would be excavated and replaced in a stable configuration as part of the landslide repair. The remainder of the grading proposed for the project would require 9,500 cubic yards of cut and fill. Overall, project earthwork would be balanced and would require no trucking of cut of fill material on or off the site. REVISED PROJECT DESIGN The revised project design establishes the following lot sizes, residential use areas, and common landscape areas for the future lots: Lot 1 would have an area of 0.99 acre and would be situated in the southwest corner of the site, accessed by a driveway leading from the end of the proposed cul-de-sac for the proposed Stony Hill Road extension, with an 18,582 square foot residential use area and 2,431 square feet of private common landscape area. Lot 2 would have an area of 1.39 acres and would be situated in the northwest corner of the site, accessed by the first driveway on the right of the cul-de-sac [this is unclear; is this what you mean to say??], with a 17,008 square foot residential use area and 3,495 square feet of private common landscape area. Lot 3 would have an area of2.80 acres and would be situated on the eastern (uphill) portion of the site, accessed by a driveway on the left side of the proposed Stony Hill Road extension, with an 23,821 square foot residential use area and 9,969 square feet of private common landscape area. Lot 1 would be developed with a single-family residence of up to 4,750 square feet in size and a 730 square foot garage. Lot 2 would be developed with a single-family residence of up to 4,880 square feet in size and a 720 square foot garage. Lot 3 would be developed with a single-family residence of up to 6,040 square feet in size and a 750 square foot garage. The residential use areas indicate the general building footprints, but do not indicate a traditional building envelope where a house would be located. The residential use areas also indicate the limits of fenceable areas and conventional landscaping for each lot. Each lot also contains areas designated as "private common landscape area," which is primarily situated along the proposed Stony Hill Road extension to provide landscaping along this roadway. A total of2.3 acres, or 41.3% of the area of the subject property, is listed as "private open space," which would be located around the perimeter of the project site. A 0.19 acre strip of land indicated as "dedicated public open space" would run diagonally in a west-to-east direction from I ~',: l'2.t. ~ I"d 1\'\\11 ( I~Unl..i! \kctir1iJ; \ i ,W~, h ll),' l H ) K the proposed driveway extension beyond the cul-de-sac to the northeast corner of the site; this strip is intended to provide a public pedestrian connection from the roadway to existing Town open space adjacent to the site. Lastly, 0.75 acres of the site is designated as "private common open space area" located on each lot between the residential use area and areas shown as "private open space." Private common open space areas would not be actively landscaped, but would allow for vegetation in these areas to be maintained for fire abatement and drainage maintenance purposes. Detailed conceptual house designs were submitted for each of the three proposed lots. Each house would have two main levels of living area plus a smaller basement. The homes on Lots 1 and 2 would be terraced into the hillside, with garages at the upper level of the structure and maximum overall building heights of 27 feet. The house on Lot 3 would be angled to more closely follow the contours of the slope and spread out more across the lot, with a maximum building height of 24 feet. Large retaining walls for each lot would be incorporated into the rear walls for each house, with a 5 foot maximum height for most of the visible retaining walls (although a short length of the retaining wall adjacent to the Lot 3 garage would be up to 17 feet in height). The height of the roadway retaining walls, which was a concern with the previous project design, has now been limited to 4 feet or less. Staff considers the revised 3-lot plan to be vastly superior to the prior project in several critical areas, including house location, house design, site planning, roadway alignment and design, and grading scheme. ENVIRONMENTAL REVIEW The Town Council certified a Final EIR for the original5-lot Ling Precise Development Plan project on January 4, 2006. The exact project design currently being proposed was not considered as a development alternative in the certified Final EIR, although it is similar to Alternative 4 in the certified EIR and is squarely within the range of alternatives discussed in the EIR. The Town's environmental consultant analyzed the 3-lot project and concluded that no new impacts and no increase in the severity of impacts would result. In fact, the revised project substantially reduced certain impacts from the original project. Therefore, and Addendum to the certified EIR was prepared pursuant to the California Environmental Quality Act. The certified EIR had identified one significant unavoidable (" SU") impact of the project that could not be eliminated or reduced to a less-than-significant level through mitigation measures identified in the EIR: that the proposed residences would adversely affect views from public and private vantage points. The EIR Addendum has concluded that the revised project design would reduce the potentially significant visual impact on views from the Richardson Bay Lineal Park Multi-Use Path, the path along San Rafael Avenue and the Town's open space to a less than significant level. The Addendum recommends mitigation measures that would also reduce potentially significant visual impacts on homes located on Mantegani Way, Las Palmas Way, Owlswood Road, Owlswood Lane and Rolling Hills Road to a less-than-significant level. The Addendum concludes that all the project's impacts will be reduced to less-than-significant levels with required mitigation. The EIR extensively reviewed possible geological impacts associated with the proposed project due to the presence of two large landslide deposits on the site. These landslides would be ! ',i '_~ (i (1 1,.\\\ n ( ',\Ulh.il \kl'Lill~:, \ Lu'l h ! L) ,~ \ hl K repaired by excavating soil in the landslide areas down to bedrock, then benching the bedrock and keying fill back into the bedrock to stabilize the area. The landslide repair would be conducted in a gradual manner, starting from the bottom of the site and working uphill, to lessen the amount of graded hillside exposed at anyone time and to minimize the potential for landslides occurring during the repair process. The EIR analyzed alternative landslide repair techniques in an attempt to reduce both the extent and duration of grading activity, but concluded that the alternative techniques would probably not substantially reduce the secondary noise and dust impacts associated with necessary landslide repairs for the site. The EIR concluded that repairing the landslides so they no longer pose a hazard to the area would be a beneficial impact of the project. Mitigation measures are identified in the EIR that would reduce project geologic impacts to a less than significant level. The EIR Addendum concluded that these same mitigation measures would continue to reduce the geologic impacts of the revised project to a less than significant level. REVIEW BY THE PLANNING COMMISSION The Planning Commission held a public hearing on this application on February 13, 2008. The Commission found the project to be consistent with the Tiburon General Plan and Zoning Ordinance and expressed solid support for the revised three-lot project design, but requested several modifications to the draft resolution for the project. Among the key Commission concerns was that the homes eventually constructed must strongly resemble those shown in the application materials. The applicant agreed to this condition. On February 27, 2008, the Planning Commission voted unanimously (4-0) to adopt Resolution No. 2008-02 (Exhibit 8) recommending acceptance of the Addendum and conditional approval of the project to the Town Council. PUBLIC COMMENT As of the date of this report, no public comment letters have been received regarding the application since the conclusion of the Planning Commission's review. Several nearby property owners testified at the 2008 hearings to express support for the revised three-lot project design, subject to the conditions of approval requested by the Planning Commission. This neighborhood support is in marked contrast to the general neighborhood opposition to the original project during the 2005-2006 hearings. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on this item and hear and consider all testimony, and 2. Adopt the draft resolutions (Exhibits 1 and 2) making CEQA findings of fact and conditionally approving the Ling Precise Development Plan. EXHmITS ~ \ 'I (1 i'l (\JUt'leli \klun!~ \ Lm.h jLjl(\(\K 1. Draft resolution making CEQ A findings of fact for the project 2. Draft resolution conditionally approving the Ling Precise Development Plan 3. Project narrative and supplemental materials 4. Drainage Report prepared by Oberkamper & Associates, dated May 8, 2007 5. Defensible Space & Vegetation Management Plan Report prepared by Caitlin Landscape Associates, dated June 21, 2007 6. Geotechnical Update letter prepared by Earth Science Consultants, dated November 5, 2007 7. Consistency Analysis with the Tiburon General Plan and Tiburon Zoning Ordinance 8. Planning Commission Resolution No. 2008-02 9. Planning Commission Staffreport, dated February 13, 2008 10. Planning Commission Staffreport, dated February 27, 2008 11. Minutes of the February 13, 2008 Planning Commission meeting 12. Minutes of the February 27, 2008 Planning Commission meeting 13. EIR Addendum (previously distributed) 14. Submitted plans from KAO Design Group and Oberkamper & Associates Prepared by: Daniel M. Watrous, Planning Manager 1~~ Scott Anderson, Director of Community Development ~ ! '1'.:,'- (, ,11 RESOLUTION XX-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING FINDINGS RELATING TO THE APPROVAL OF THE STONY HILL DEVELOPMENT (FORMERLY CALLED "LING RESIDENTIAL DEVELOPMENT") PRECISE DEVELOPMENT PLAN PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ASSESSOR PARCEL NUMBER 55-261-10 SECTION 1 - INTRODUCTION WHEREAS, on January 4, 2006 the Town Council of the Town of Tiburon adopted Resolution No. 04-2006 certifying the Final Environmental Impact Report (EIR) for the Stony Hill Development (formerly called "Ling Residential Development", PD#24) Project. WHEREAS, an Addendum to the EIR, dated December, 2007, was prepared to evaluate the current three-lot proj ect design. The Planning Commission considered the certified EIR and the EIR Addendum in making its recommendation to the Town Council on the merits of the project. The Planning Commission held duly noticed public hearings on the application on February 13 and February 27, 2008. Following the public hearings, the Planning Commission adopted Resolution No. 2008-02 recommending to the Town Council conditional approval of the project as evaluated in the EIR Addendum for the project. WHEREAS, the EIR identified certain significant environmental impacts caused by the Stony Hill Development Project (PD#24) and recommends specific mitigation measures to reduce certain of these impacts to a less-than-significant level and the Town Council has certified the EIR as being adequate according to CEQA and has reviewed and considered the information in the EIR and the entire record; therefore, the Town Council makes specific findings, as follows, for each significant impact, pursuant to CEQA 21081, based not only on the EIR, but evidence in the entire record, including written and oral testimony to the Planning Commission and Town Council. SECTION 2 - LOCATION AND CUSTODIAN OF DOCUMENTS The Recording of Proceeding ("Record") upon which the Town Council bases these findings and its actions and determinations regarding the proposed project includes, but is not limited to: 1 The Final EIR, which consists of the Ling Residential Development Draft Environmental Impact Report (April 2005); the Ling Residential Development Final Environmental Impact Report Response to Comments Document (November 2005); the Stony Hill Development (Formerly Called "Ling Residential Development") Addendum to the Ling Residential Development Final EIR Tiburon Town Council Resolution No. (Draft-2008) 3/19/2008 Page 1 EXHIBIT NOo_' (December 2007), in addition to any appendices and technical reports cited in and/or relied on in preparing the Final EIR. 2 All staff reports, Town files and records and other documents, prepared for and/or submitted to the Planning Commission, Town Council and/or Town staff relating to the Final EIR, addendums, and/or the proposed project. The location and custodian of the Record is the Town of Tiburon Community Development Director, 1505 Tiburon Boulevard, Tiburon, California, 94920. SECTION 3 -- SIGNIFICANT IMPACTS THAT CAN BE MITIGATED TO A LESS- THAN-SIGNIFICANT LEVEL The FEIR indicates that certain significant environmental impacts will or may result from approval of the proposed project. The FEIR concludes that each of these significant impacts can be mitigated to a less-than-significant level. In response to those significant impacts so identified in the FEIR discussed in this Section 3, alterations have been required to the proposed project or mitigation has been incorporated into or imposed on the project which will avoid or substantially lessen each significant environmental impact identified in this section. The Town Council hereby finds that each and every mitigation measure identified in this section is feasible and has been imposed on or incorporated into the proposed project, and the Town Council further finds that the significant impacts described in this section have been reduced to a less-than-significant level by incorporation of these mitigation measures. The Town Council adopts the findings contained herein. Geology and Soils Impact 3.1-A Residences and other improvements could fail due to landslides on the site. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to existing landslides on the site. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the T own Council hereby finds that impacts associated with landslides will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.l-A.l to 3.l-A.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1-A.l to 3.l-A.3 include specific measures to repair existing landslides so that future homes and other improvements would not fail and that landslides would be stabilized consistent with the Town's Landslide Repair Policy. TIDURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 2 Impact 3.1-B Residences and other improvements couldfail and residents could be injured by seismic events. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to seismic events occurring in the area or region. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with seismic activity will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.1-B.l and 3.l-B.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1-B.l and 3.l-B.2 include specific measures to design project improvements to withstand probable earthquakes. Impact 3.1-C Development of homes and other improvements on the expansive soils of the site could result in thefailure of these improvements. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to expansive soils occurring on the site. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with seismic 'activity will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.1-C.l to 3.1-C.5. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1-C.1 to 3.l-C.5 include specific geotechnical design measures to design improvements and construct all proposed improvements to withstand any soil constraints on the site. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 3 Hydrology Impact 3.2-A Development of the project would create new impervious sutfaces, increasing the rate and amount of storm water runoff. This runoff could contribute to local or downstream flooding and/or changes in the direction or mode of area drainage. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that the project would increase runoff from the site and cause flooding downstream of the site. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with downstream flooding will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.2-A.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.2-A.1 includes construction of on-site detention facilities to maintain peak flows from the site at the pre-project level, so there would be no increase in peak runoff from the project site. Impact 3.2-B The proposed project storm drain outfall in the intermittent creek could cause locally complex flow patterns that could destabilize the western creekbank and the energy dissipation structure installed for the project. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that runoff from the project could cause streambank erosion of the receiving stream. This constitutes a potentially significant erosion and sedimentation impacts. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts on erosion and downstream sedimentation will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.2-B.1 and 3.2-B.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 4 Rationale This mitigation requires bank stabilization at the pipe outlet and installation of a stable outlet pIpe. Impact 3.2-C Project development, including the repair of on-site landslides, would result in the construction of 0.9 acres of impervious surfaces, removal of site vegetation and the grading of large portions of the site. Construction of hillside residences and related improvements would also result in increases in concentrated downslope runoff, which could erode the steep, regraded hillslope soils. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that fUnofffrom the project would require extensive landslide repair and that soils could erode from these repair sites and cause sedimentation of downstream drainage channels. These constitute potentially significant erosion and sedimentation impacts. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts on erosion and downstream sedimentation will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.2-C.1 and 3.2-C.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale This mitigations require completion and implementation of an Erosion Control Plan and connecting subsurface drains to the surface drainage ditch and/or the principal 18-inch storm drain running downslope from the Stony Hill Road cul-de-sac. Mitigation Measure 3.2-C.l identifies what elements are to be included in that plan. The plan will be monitored for effectiveness by the Town. Implementation of this measure will reduce this impact to a less- than-significant level. Traffic and Circulation Impact 3.3-B Sight distance limitations at the Stony Hill Road/Gilmartin Drive intersection and resultant existing safety concerns would increase with the addition of project traffic to this intersection. Facts and Evidence In Section 3.3 (Traffic and Circulation) the EIR found that the project would increase traffic volumes at the Stony Hill Road/Gilmartin Drive intersection. There is inadequate sight distance at this intersection. This constitutes a potentially significant traffic safety impact. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 5 Finding Based upon the EIR and the entire record, the Town Council hereby finds that the project and cumulative-plus project impacts on the left turn lane queuing capacity will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.3-A.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less- than-significant level. Rationale Mitigation Measure 3.3-A.1 requires installation of a stop sign on the southbound Gilmartin Drive approach to the Stony Hill Road intersection, plus several warning signs. These improvements would reduce the risk of accident due to inadequate sight lines. Impact 3.3-D Over the several-month construction phase, the project would add from 11 to 22 semi-trailer trucks (depending upon the grading alternative), as well as other construction traffic, during project construction phases to Stony Hill Road, Gilmartin Drive and Tiburon Boulevard. Facts and Evidence In Section 3.3 (Traffic and Circulation) the EIR found that project construction traffic would damage pavement and cause traffic congestion. This constitutes a potentially significant traffic impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts on the driveway will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.3-D.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.3-D.1 requires development and compliance with a cpnstruction traffic control plan and roadway (pavement) mitigation plan. This plan will limit construction traffic hours and parking and require pavement repair where warranted. Impact 3.3-E The project plus other cumulative traffic would increase traffic volumes at the Stony Hill Road/Gilmartin Drive and the Gilmartin Drive/Tiburon Boulevard intersections. Facts and Evidence In Section 3.3 (Traffic and Circulation) the EIR found that project plus other projected new development would cause southbound Gilmartin Drive approach would deteriorate from LOS E (2020 without project conditions) to LOS F operation, with 4.2 seconds added delay due to TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 6 the project during the weekday AM commute peak traffic hour, and continue to operate at LOS E (2020 without project conditions), with 3.0 seconds delay added due to the project during the PM commute peak traffic hour. The intersection would operate worse than LOS D with delay exceeding 35 seconds. This exceeds the Caltrans criterion for Tiburon Boulevard and constitutes a potentially significant cumulative impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in. the proposed project the traffic safety impact will be mitigated to a less-than-significant level by the imposition of either Mitigation Measure 3.3-E.1 or 3.3-E.2. Mitigation Measure 3.3-E.3 would also apply. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.3-E.l would add a southbound right turn lane on Gilmartin Drive, while Mitigation Measure 3.3-E.3 would add a merge/acceleration lane on Tiburon Boulevard at the Gilmartin Drive intersection. Implementation of either of these two measures will mitigate this impact to a less-than-significant level. Mitigation Measure 3.3-E.3 states that the project would be fiscally responsible for its fair share of either alternative. Noise Impact 3.4-C Construction of project improvements would generate construction noise over a period exceeding one year. Facts and Evidence In Section 3.4 (Noise) the EIR found that project construction would generate substantial periodic noise levels in the vicinity of the site. These levels would exceed existing ambient levels. This would be a temporary but potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that construction period noise impacts due will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.4-C.1 through 3.4-C.5. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale These mitigation measures will reduce construction noise impacts to a less-than-significant level by implementing the measures set forth in the Town of Tiburon's Municipal Code Chapter 13 construction hour limitations. In addition, construction equipment mufflers and maintenance and idling prohibitions will be required. A Noise Disturbance Coordinator will TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 7 be responsible for responding and addressing construction noise complaints. Implementation of these measures will reduce this impact to a less-than-significant level. Aesthetic Quality Impact 3.5-A Proposed residences would change views from public and private vantage points. Facts and Evidence In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of proposed buildings looking from public and private open spaces would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-A.1 through 3.5-AA. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measure 3.5-A.l limits building size to be consistent with surrounding residences. Mitigation Measure 3.5-A.2 requires that the colors of new homes not significantly contrast with surrounding vegetation. Mitigation 3.5-A.3 allows the Town to require additional landscaping when conducting Site Plan and Architectural Review. Mitigation Measure 3.5- AA requires a photo simulation of each proposed residence and its ancillary improvements be submitted at the time of the Site Plan and Architectural Review application for each residence, with the photo simulation prepared from the same location as Visualization 2 as depicted in the EIR Addendum dated December 2007. The purpose of the design-review-Ievel simulations is to ensure that the level of visual impact is comparable to that disclosed in the EIR and is not materially greater. The mitigation measures will reduce the visual impact to a less- than-significant level. Impact 3.5-B Project retaining walls would change views. Facts and Evidences In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of retaining walls looking from private and public vantage points surrounding the site would be a potentially significant impact. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 8 Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes i~ the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.5-B.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.5-B.l requires landscape screening and/or terraced walls with landscaping to reduce the visual impact of a solid wall. The mitigation measures will reduce the visual impact to a less-than-significant level. Impact 3.5-C Projectjencing would change views in the area. Facts and Evidence In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of new fencing looking from private and public vantage points surrounding the site would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-C.1 and 3.5-C.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale The mitigation measures limit the area to be fenced and require wood and wire fencing that is minimally visible from off the site. These mitigation measures will reduce the visual impact to a less-than-significant level. Impact 3.5-D Project V-ditches would alter views in the area. Facts and Evidence In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of project drainage ditches looking from private and public vantage points surrounding the site would be a potentially significant impact. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 9 Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will' be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-D.1 through 3.5-D.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale The mitigation measures require the smallest feasible ditch, with use of vegetated swales if feasible. If vegetated swales are not feasible, then the concrete will be colored and plantings will be used to screen or buffer views of the ditches. The mitigation measures will reduce the visual impact to a less-than-significant level. Impact 3.5-E Project lighting would change nighttime views in the area. Facts and Evidence In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of project lighting looking from private and public vantage points surrounding the site would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-E.1 to 3.5-E.6. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale The first five mitigation measures require that outdoor lighting be minimized and designed not to escape off the site. Mitigation Measure 3.5-E.5 requires that the new access street be screened or aligned so that headlights do not intrude on an existing residence. The mitigation measures will reduce the visual impact to a less-than-significant level. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 10 Fire and Emergency Medical Response Impact 3.7-A The project would generate calls for fire response and emergency medical aid. Facts and Evidence In Section 3.7 (Fire Protection and Emergency Medical Response) the EIR found that with implementation of the project there would be an increased demand for fire protection. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project, the fire and emergency response impact will be mitigated to a less- than-significant level by the imposition of Mitigation Measure 3.7-A.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measure 3.7- A.1 requires that the proj ect fund the cost of purchasing and installing a traffic signal preemptor for the signal at the intersection of Tiburon Boulevard and San Rafael Avenue and a traffic signal emitter for one of TFPD' s vehicles. The mitigation measure will reduce the fire and emergency response impact to a less-than-significant level. Impact 3. 7-C Homes on the site would be at risk from wildland fires. There is a risk of wildfire igniting during project construction. Facts and Evidence In Section 3.7 (Fire Protection and Emergency Response) the EIR found that residences on the project site would be subject to wildland fires. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the fire impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.7-C.l through 3.7-C.4. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 11 Rationale These mitigation measures ensure that the project would be constructed consistent with the requirements of the Tiburon Fire Protection District and that future lot owners will be responsible for maintaining landscaping in a fire resistant fashion in common open space areas, common landscape areas, and private dedicated open space. The mitigation measures will reduce the fire impact to a less-than-significant level. Impact 3.9-A The project would generate demand for wastewater collection, treatment, and disposal service. Wastewater Collection, Treatment, and Disposal Facts and Evidence In Section 3.9 (Wastewater Collection, Treatment, and Disposal) the EIR found that unless the project was constructed per the requirements of Sanitary District #5, there could be impacts to the wastewater system. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the wastewater impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.9-A.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.9-A.1 requires that the project be constructed per the requirements of Sanitary District #5. The mitigation measure will reduce the wastewater impact to a less- than-significant level. Recreation Impact 3.11-A The proposed public open space would not allow safe access to existing open space and would cause soil erosion. Facts and Evidence In Section 3.11 (Recreation) the EIR found that the proposed public access to Town-owned open space would potentially not allow safe access and would potentially cause erosion. This would be a potentially significant impact. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 12 Finding Based upon the EIR and the entire record, the Town Council hereby finds that recreation impacts will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.1-A.2. Mitigation Measures 3.11-A.1 and 3.11-A.3 are rejected as unnecessary to reduce or avoid potentially significant environmental impacts associated with the project. The requirement to make guest parking spaces available to the public near the future pedestrian trail could encourage unintended levels of public use of the trail, which could prove to be disruptive to the residents of this neighborhood. The Town's intent is to have the trail easement provide local access to the adjacent open space area, and the securing of public access easements up to and including the trail alignment secures that purpose, making the public parking spaces described in Mitigation Measure 3.11-A.3 unnecessary. The requirement to widen the public access easement for the pedestrian trail, as described in Mitigation Measure 3.11-A.1 is unnecessary as there is adequate space within the 20 foot width of the proposed easement to route a 3 to 5 foot wide path, using switchbacks and/or other commonly-practiced methods, to reduce trail slope to an acceptable level for the types of recreational hikers who would be expected to use the trail and to minimize erosion. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.11-A. 2 requires a public access easement over the on-site street to the trail easement to ensure public access to the proposed trail and open space beyond. This measure will reduce the impact to recreation to a less-than-significant level. Other Resources Impact 3. 12-A Air Quality Facts and Evidence In Section 3.12 (Other Resources) the EIR found that construction activities, including grading would generate dust into the air and that project construction and use would generate greenhouse gases. This is a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that construction period impacts due to dust will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.12-A.1 through 3.12-A.11. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Based upon the EIR and the entire record, the Town Council hereby finds that potential greenhouse gas impacts due to project implementation will be mitigated to a less-than- significant level by the imposition of Mitigation Measures 3.12-A.12. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 13 or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measures 3.12-A.1 through 3.12-A-11 will reduce dust emissions from grading and other construction activities to a less-than-significant level by implementing dust control measures. These dust control measures include preventing visible dust clouds from extending beyond construction sites, watering all active construction areas at lest twice daily and more often during windy period and covering all hauling truck or maintaining two feet of freeboard. Implementation of these measures will reduce this impact to a less-than-significant level. Mitigation Measure 3.12-A.12 requires energy efficiency, active and passive solar design, solar water heating, and that at least 50% of project energy demand be generated on-site. Implementation of this mitigation measure will reduce this impact to a less-than-significant level. Impact 3.12-A (second part) Asbestos Facts and Evidence In Section 3.12 (Other Resources) the EIR found that it is possible that harmful levels of asbestos could be exposed during landslide repair activities. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that potential impacts from asbestos will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.12-E.1 and 3.12-E.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.12- E.1 requires that excavated material be tested for tl1e presence of asbestos. Mitigation Measure 3.12-E.2 requires compliance with the State's "Asbestos Airborne Toxic Control Measures for Construction, Grading, Quarrying, and Surface Mining Operations" (California Code of Regulations, Title 17, Section 93105). This regulation requires the applicant to prepare an Asbestos Dust Mitigation Plan which must be approved by the BAAQMD prior to the initiation of grading. Implementation of these measures will reduce this impact to a less-than-significant level. Impact 3. 12-B Biological Resources Facts and Evidence In Section 3.12 (Other Resources) the EIR found that the project could remove native oaks and disrupt nesting raptors. This would be a potentially significant impact. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 14 Finding Based upon the EIR and the entire record, the Town Council hereby finds that potential impacts on biological resources will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.12-B.1 and 3.12-B.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measure 3.12-B.1 requires avoidance of trees where raptors are nesting. Mitigation Measure 3.12-B.2 requires oak tree replanting at a 3:1 ratio for any oak removed that is over 5 inches diameter at breast height. Implementation of this measure will reduce this impact to a less-than-significant level. Impact 3.12-C Cultural Resources Facts and Evidence In Section 3.12 (Other Resources) the EIR found that while no discernible impacts to archaeological resources are anticipated and no human remains are expected to be present on the site, the possibility cannot be precluded that prehistoric cultural deposits and features are present below the ground surface and could be damaged during land alteration activities. Finding Based upon the EIR and the entire record, the Town Council hereby finds that potential impacts on subsurface cultural resources will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.12-C.1 through 3.12-C.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measures 3.12-C.1 through 3.12-C.3 require that the applicant shall implement specific measures in the event that archaeological artifacts or cultural resources deposits are encountered during future grading, excavation, or other land alterations or in the event that human skeletal remains are discovered anywhere on the site. Implementation of these measures will reduce this impact to a less-than-significant level. SECTION 4 - IMPACTS FOUND NOT TO BE SIGNIFICANT During the CEQA scoping process applied to the project, some environmental impacts were dismissed with a "Less-Than-Significant Impact" response on the Initial Study, on the ground that there was no fair argument that such impacts would occur. The Town Council finds that TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 15 there is no substantial evidence in the record that the decisions made in the Initial Study (included in the EIR appendix) to dismiss such theoretical impacts were erroneous, nor is there substantial evidence that any impact that might occur has not been adequately examined in the EIR. Additionally, the Town Council finds, based on the EIR and the record that the following impacts identified in the EIR are less-than-significant and do not require mitigation. Impact 3.3-A Project traffic would increase traffic volumes at the Stony Hill Road/Gilmartin Drive and the Gilmartin Drive/Tiburon Boulevard intersections. Impact 3.3-C The project access driveway serving Lot 1 could pose safety concerns. Impact 3.4-A The project would not be exposed to or generate excessive noise. Impact 3.5-F Landslide repair and project construction will result in short-term views of substantial cut and fill grading. Impact 3.6-A The project would generate about 5-6 students. Impact 3.6-B Project development, combined with development of other projects could result in school overcrowding. Impact 3.7-B The project site could have inadequate fireflow. Impact 3.7-D Project development, combined with development of other anticipated projects, could contribute to cumulative demands for fire protection services and emergency medical services. Impact 3.8-A The project would generate demand for water service. Impact 3.8-B Project development, combined with development of other anticipated projects in the planning area, would contribute to cumulative demands on water facilities. Impact 3.9-B Project development, combined with development of other anticipated projects, would contribute to cumulative demands on wastewater facilities. Impact 3.1 O-A The project would generate calls for police response. Impact 3.10-B Project development, combined with development of other anticipated projects in the planning area, would contribute to cumulative demands for police services. SECTION 5 - ADOPTION OF FINDINGS The Town Council hereby adopts the Findings of Fact and Rationales as set forth in Sections 1 through 3 of this Resolution. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 16 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on March 19, 2008 by the following vote: AYES: NOES: ABSENT: JEFF SLAVITZ, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2008 3/19/08 17