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HomeMy WebLinkAboutTC Min 1990-06-06 TOWN COUNCIL MINUTES CLOSED SESSION Mayor Logan called the closed session of the Town Council of the Town of Tiburon to order at 7:05 P.M. to discuss litigation. CALL TO ORDER Mayor Logan called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Wednesday, June 6, 1990 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Thayer, Kuhn, Logan ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Truxaw, Town Engineer Bala, Supt. of Public Works Brunini, Planning Director Lohman, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Motion: To appoint Lisa Klairmont and Ed Thor to the Parks & Open Space Commission. Moved: Logan, Seconded by Kuhn Vote: AYES: Unanimous Motion: To appoint Phyllis Radin to the Marin Commission on Aging Moved: Kuhn, Seconded by Logan Vote: AYES: Unanimous C. PUBLIC OUESTIONS AND COMMENTS Fran Mayberry, former Councilmember, requested the Town Council to seriously consider asking for a reconsideration of the Moratorium decision by the Appellate Court, or if the decision remains the same, that the decision be appealed; stated the TOWN COUNCIL MINUTES #881 6/6/90 1 decision is certified for publication and affects not just Tiburon but all jurisdictions in the State of California; thought the conclusion is questionable in that if this decision is accepted that an Initiative Moratorium is subject to Section 65858 it means a City Council can thwart the will of the people; also concerned that the decision made no mention that the Town Council put a conflicting Measure D on the ballot at the same time as Measure C. John Norris, 70 Paseo Mirasol, Dick DeNezza 103 Reed Ranch Road and Marcia Norris, 70 Paseo Mirasol urged Council to support the Design Review Board's decisions; urge applicants, neighbors and architects meeting prior to reaching the appeal process; urged verbatim transcripts for appeals and increasing appeal fee to cover cost of transcripts. D. SPECIAL PRESENTATION Mayor Logan read the Resolution of the Town Council of the Town of Tiburon Commending Helen Benedict for Her Advocacy and Promotion of Affordable Housing on The Tiburon Peninsula. Motion: To adopt the aforementioned Resolution. Moved: Kuhn, Seconded by Thayer Vote: AYES: Unanimous E. CONSENT CALENDAR Items 1 and 6 were removed from Consent Calendar. Motion: To approve the Consent Calendar consisting of the following items: 2. MONTHLY INVESTMENT SUMMARY REPORT (April 1990) 3. DONAHUE BUILDING AGREEMENT (Extend Agreement Between Town and Point Tiburon Condominium Associations to April 30, 1991) 4. HANDLEY LOT MERGER (Notice of Determination A.P. #59-194-70 and #59- 194-08 Are Two Separate Lots; A.P. #59-194-42 Merged with A.P. #59-194-08 - Resolution) 5. NOTICE OF COMPLETION (Pavement Overlays - Resolution) Moved: Friedman, Seconded by Kuhn Vote: AYES: Unanimous Motion: Moved: Vote: To adopt Minutes #873 Coxhead, Seconded by Logan AYES: Coxhead, Logan NOES: None ABSTAIN: Friedman, Kuhn, Thayer TOWN COUNCIL MINUTES #881 6/6/90 2 Motion: To adopt Minutes #874 Moved: Coxhead, Seconded by Logan Vote: AYES: Coxhead ABSTAIN: Friedman, Kuhn, Thayer, Logan Motion: To adopt Minutes #876 Moved: Friedman, Seconded by Kuhn Vote: AYES: Unanimous Motion: To adopt Minutes #877, 878, 879, 880 Moved: Friedman, Seconded by Coxhead Vote: AYES: Unanimous ABSTAIN: Logan (on #877 & #879) 6. CLAIM AGAINST THE TOWN (S. Feiring, Recommend Denial) Continued to June 20, 1990 F. PUBLIC HEARINGS 7. TALDAN SETTLEMENT AGREEMENT (Receive Town Attorney's Response to Ortalda Inquiries) The Town Attorney reviewed his response to Robert Ortalda's inquiries concerning the Taldan Settlement. Fran Mayberry, former Councilmember, requested discussion of the Taldan Settlement Agreement. The Chair ruled that this item was not agendized for pubic discussion. Councilmember Friedman stated he disagreed with the ruling. 8. BRADLEY HOUSE AGREEMENT (Construction Loan Agreement between Town and Marin Housing) The Town Manager reviewed the Staff report; stated Dennis Rockey of the Housing Committee met with Marin Housing and the architect and contractor in efforts to reduce costs as much as possible; the construction loan documents were in the amount of $300,000. There was a brief discussion regarding construction costs per square foot, costs of engineering, architectural fees, etc. It was noted the project had a relatively small amount of total square footage with high costs of utility connections. The retaining wall costs were shared equally with Marin Housing. Maurice Wolohan, Marin Housing stated the construction loan agreement documents were prepared by Attorney Joyce Glatt. The Town Attorney stated he had also reviewed the documents. TOWN COUNCIL MINUTES #881 6/6/90 3 In response to Mayor Logan, Mr. Wolohan stated there were separate connections for water service, sewer, electrical and gas and they proposed to underground electrical in anticipation of the forthcoming undergrounding district. Motion: To authorize the Mayor to execute the Construction Loan Agreement between the Town of Tiburon and Marin Housing Development Corporation in the amount of $300,000. Kuhn, Seconded by Thayer AYES: Unanimous Moved: Vote: G. UNFINISHED BUSINESS 9. APPEAL DESIGN REVIEW BOARD DECISION (A.P. #38-432-01; Applicant & Appellant: Jan Emery, 338 Blackfield Drive, Denial of New Residence) The Planning Director reviewed the Staff report, and explained that Chairman Moorhouse had suggested the architect flip the design and the owner had prepared plans to demonstrate that suggestion would not work, however, the Planning Director stated it was not the Chairman's intent to flip the design literally. Jan Emery, owner and applicant, reviewed the six drawings prepared to demonstrate that trying to cooperate and do what the Board had suggested; reviewed six pages of the application; stated they moved the fireplace inside the building; removed one garage cutting 3' off the side of the house and losing a bathroom upstairs; removed glass; lowered roof line from 29' to 25' to 23.8'. Bob Holm, architect, stated he tries to accommodate the wants and needs of his client; stated clustering requires houses close together; lots are quite small; asked for a definition of mass; made comparisons of other projects with similar floor area ratios that have been approved; stated the application had an FAR of 28%; reviewed other houses in the area, i.e., Lot 50 house 3540 sq.ft. 18,000 sq.ft. lot; Lot 56 house 3415 sq.ft. on 11,400 sq.ft. lot; Lot 57 house 3250 sq.ft. 10,224 sq.ft. It; Lot 65 house 4,572 sq.ft. 17,690 sq.ft. lot; stated the living room, dining room and kitchen should be oriented toward the view; stated following DRB suggestions only one room would get a view; stated it was physically impossible to have a narrow dimension and get a view; Mr. Holm reviewed the plans. In response to questions by the Council, Mr. Holm stated that the distance between the house and Lot 47 would be 31'; distance from north edge of the garage to Blackfield Drive is 28-35'; overall width of the lot is 87'; width of the residence is 65'; side yards are 15' and 12'; elevation of Blackfield Drive is about 4'; height of the chimney is 2' above roof line. The Planning Director stated he questioned the Assistant Planner as to Mr. Moorhouse's intent and he felt it was to take the basic shape of the building and move it; to redesign interior and turn the building on the lot. TOWN COUNCIL MINUTES #881 6/6/90 4 The Mayor opened the public hearing. Margit Aramburu, Vice-Chairman of the Design Review Board who sat as Chair when this application was voted upon, reviewed the two Board meetings; stated there was discussion about the width of the house within the building envelope and its perceived bulk and mass from the surrounding neighborhood; the set of plans showing the house turned around was not an adequate solution and didn't address the basic issue of the location of the house within the building envelope and perceived mass of the house from the neighborhood; Board had suggested creating wider areas, to try to redesign house and take advantage of the orientation and view and try to maximize width between the lots. Boardmember Aramburu noted that at the second meeting the applicant stated they couldn't make any further changes; three members voted against the project requesting it be denied without prejudice; asked Council if they remand this application back to the Board that the Council make specific recommendations to address issued raised by the Board, particularly the width of the house. Mrs. Norris, 70 Paseo Mirasol, stated other projects aren't relevant because they don't have a Development Agreement to govern them; felt homes in the project should be considered separately; some homes are on narrower lots; some have steep property; there are unique circumstances to each. Michael Lyons, former member of the Design Review Board, stated his concerns that perhaps the Planning Commission should review the project again; stated the Planning Commission knows when they approve a subdivision that there will be two story homes on view lots that the homes will be clustered together; existing neighborhood further down along Blackfield houses cover set back to set back; concerned there be equal treatment of applicants under the law. Tim Patton, representing Perini Architectural Design Committee, stated the Committee tries to relate the whole subdivision and not particular lots; try to get variety from street scope, elevation; the closer the houses are to the edge of the property, the grater the bulk from the street side; felt it was important to look at the whole subdivision. Mr. Patton reviewed the changes Mr. Holm had made in response to Board suggestions; stated as Chairman of the Architectural Committee he was perplexed on how to advise applicants; felt it was some sort of bias towards Ring Mountain development; asked for consideration of the proposed residence. Dana Yarger, 19 Via Capistrano, supported the Design Review Board; stated the Architectural Committee meetings tell applicants to refer to the Development Agreement; suggested breakfast area might be smaller; suggested there be 30' plus between houses; keep roof lines down. Ken Cohen, attorney representing developer Perini Land & Development Company, noted the Development Agreement states policies and procedures of the Town will apply to these lots at a specific date. TOWN COUNCIL MINUTES #881 6/6/90 5 Tim Patton stated the Tentative Map Approval states the homes should compliment and be harmonious with the neighborhood. The Mayor closed the public hearing. Jan Emery stated she was within the required setbacks; lot coverage is .19 with garage; without two car garage, lot coverage is .14; noted she bought the lot with a building envelope with the assumption she could use the building envelope. The Town Council reviewed the materials and colors of the application. The Town Council discussed the application. Council member Friedman wanted consistency; complimented the Design Review Board; stated everyone is losing the concept that the building envelope is not the footprint of the house; thought the five houses already approved were overly large; felt they were mistakes; this house is too big; too massive; thought Mr. Moorhouse gave good advice; wants to see corridors between houses; these are small lots and will require small houses; this house is far too big for this lot size and configuration. Councilmember Coxhead agreed with Council member Friedman's comments; reviewed lots on Ring Mt. and 82% were larger than this particular lot; the Council must go back to the guiding policies and standards, the design guidelines, Ring Mt. Development Agreement, Zoning Ordinance; Read paragraph 11.IE, Guiding Principles, paragraph 3, "...size or bulk of the proposed building in relation to the character of existing buildings in the vicinity"; what is being proposed should be harmonious with the size and bulk of existing buildings in the vicinity; 330 Blackfield Drive is a little over 3600 sq.ft.; 331 Blackfield Drive almost 3000 sq.ft.; proposal including garage is 4200 sq.ft.; map indicates 53 existing homes have an average footage of 3400 sq.ft.; recent approvals are larger and not sure they are in compliance; Lot 56 is 1/4 acre and Lot 57 is 1/4 acre and both have homes of 4100 and 3900 sq.ft. including garages; RO-2 zone surrounds this area and the requirement is 15% coverage; application is for 19% coverage; there is a need to visualize buildout; stated it is up to the seller to fully disclose all matters of importance as they relate to real estate; assume the seller provided this information to the buyer; remand this to the Design Review Board for further consideration; overall height and visual mass as viewed from the street is much greater than 330 and 331 Blackfield; overall size and bulk is basic problem in this proposed design. Councilmember Kuhn stated the Council is trying to arrive at a judgement through subjective statements; would have thought with all the discussions on Ring Mt. that more precise standards would have been established to allow purchaser and seller to evaluate size of the lot; didn't think design guidelines related to this situation because it is a flat lot with a down slope on it; wanted to achieve design goals and at the same time respect rights of purchasers; Town has to find a better way to process applications and informing potential purchasers what can be done with a specific piece of property; can't argue against concepts fellow Councilmembers have made; agree with suggestion of returning it to the DRB; concerned with legal issues. TOWN COUNCIL MINUTES #881 6/6/90 6 Vice-Mayor Thayer stated the Design Review Board minutes repeatedly state concern regarding size and bulk of the house; increasing space between houses and distances between the lots; felt there was an opportunity to have same coverage within building envelope by reshaping house; would not allow building to cover entire building envelope; felt house pushed too far forward on the lot; what is being presented is not responsive to repeated suggestions and guidelines; can't overturn a unanimous vote of the DRB. Mayor Logan stated he agreed that the building envelopes were not intended to equate with the size of the structure; applicants have to be cognizant of the fact these are small lots; this is a two story dwelling on a flat pad; this house is too wide; don't think the comments of the Board were adequately addressed; felt height was appropriate and stucco siding acceptable; Council is not the appropriate forum to get design approval; the direction of the Council is not that the applicant has to have that footprint; try to provide a narrower building within context of the building envelope. Motion: To remand this matter to the Design Review Board at the next available agenda or deny appeal if the applicant has not reapplied within six months. Moved: Logan, Seconded by Friedman Councilmember Coxhead suggested the applicant refer to paragraph 3, Section 11.1 as a general guideline; RO-2 restrictions of lot coverage of 15% and 15' side yards should be used as a general guideline for lots along Blackfield Drive in the Ring Mt. subdivision. Vote: AYES: Unanimous 10. 1990-91 TOWN BUDGET (Present Budget and Provide Introduction and Overview) This item was continued to Monday, June 11, 1990 at 7:30 P.M. H. NEW BUSINESS 11. CONSTRUCTION HEIGHT MONITORING (Require Single Reference or Benchmark Story Pole During Construction to Monitor Building Height) The Planning Director reviewed the Staff report which suggested one story pole remain erected during construction. Council briefly discussed the legalities involved; the possibility the pole could be moved; use of reference points to determine elevation during construction and the problem of monitoring the pole. TOWN COUNCIL MINUTES #881 6/6/90 7 Motion: To require the licensed surveyor or engineer to provide the Town with a certification of the concrete pads elevation. Moved: Logan, Seconded by Friedman Vote: AYES: Unanimous 12. RICHARDSON BAY REGIONAL AGENCY (Approve Service Agreements) The Town Manager reviewed the Staff report, and stated it would be appropriate for the Town to formally approve the proposed Richardson Bay Regional Agency budget and procedures for the Service Agreements. Councilmember Coxhead stated paragraph 5 refers to Town's liability exposure and asked for the full Council's review. The Council directed the Town Manager to check other City Managers and County Counsel for opinions regarding anchor-out liability. I. COUNCIL, COMMISSION OR COMMITTEE REPORTS Motion: To confirm Town Council Committee appointments as submitted by Mayor Logan. Moved: Logan, Seconded by Friedman Vote: AYES: Unanimous .I. COMMUNICATIONS 13. Ltr. to Town Council from Tiburon Fire Protection District, dated 5/29/90 (Request for Waiver of Fees) Fire Chief Frank Buscher was present. The Council agreed to only charge the Fire District for Town incurred expenses. 14. Ltr. to Town Council from Tiburon Peninsula Club Board of Governors, dated 5/24/90 (Tennis Court Lighting) Planning Director to determine who shall review this application. 15. Ltr. to Town Council from Marin County Board of Realtors, dated 5/22/90 (Sign Ordinance Amendment) Continued to next meeting. K. STAFF AND TOWN MANAGER REPORTS TOWN COUNCIL MINUTES #881 6/6/90 8 L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 11 P.M. to Friday, June 8, 1990 at 8:30 A.M. at Mill Valley Library for yearly retreat with Department Heads. ATTEST: O~o.JAP 17(. ~ THERESE M. HENNESSY, 'E CLERK TOWN COUNCIL MINUTES #881 6/6/90 9