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HomeMy WebLinkAboutTC Min 1990-03-07 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 and personnel matters. CALL TO ORDER Mayor Logan called the regular meeting of the Town Council of the Town of Tiburon to order at 7:45 P.M., Wednesday, March 7, 1990 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Duke, Mayberry, Shaw, Logan ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Truxaw, Town Engineer Bala, Supt. of Public Works Brunini, Police Chief Herley, Planning Director Lohman, Associate Planner Anderson, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES The Mayor directed StafT to schedule interviews with interested applicants prior to the March 21 Town Council meeting. C. PUBLIC QUESTIONS AND COMMENTS There were none. D. CONSENT CALENDAR Items 2 and 3 were moved to the end of the agenda. TOWN COUNCIL MINUTES #869 3/7/90 1 Motion: To approve the Consent Calendar consisting of the following items. 1. APPROVAL OF MINUTES #868, February 21, 1990 4. INVESTMENT SUMMARY REPORT (December 1989) 5. ORDER TO SHOW CAUSE (A.P. #58-182-08, 666 Hilary Drive, Tree Maintenance Complaint - Acknowledge Agreement) Moved: Shaw, Seconded by Mayberry Vote: Ayes: Unanimous Absent: Duke E. SPECIAL PRESENTATION Councilmember Duke arrived. 6. SKATEBOARD AREA PROPOSAL (Status Report Regarding Recommended Area - DISCUSSION ONLY - Public Hearing Scheduled for March 21, 1990) Robert Minton showed Council the area near the Richardson Bay Sanitary District plant which they proposed could be used for a skateboard area. Mr. Minton also suggested other areas, and was advised that the Public Hearing Scheduled for March 21, 1990 was specifically noticed for the area near the Richardson Bay Sanitary District and no other proposal could be considered at that time. F. PUBLIC HEARINGS 7. APPEAL PLANNING COMMISSION DECISION (Applicant: Linda Chavez, 56 Lower North Terrace, A.P. #34-305-008; Denial of Second Unit) Ms. Chavez had sent a telefax at 4:22 P.M. this date stating she was unable to attend the meeting, withdrawing her appeal and requesting a refund of the fee. The Council asked StafT to contact Ms. Chavez and determine if she would be available for March 21, 1990. Item continued. 8. APPEAL BOARD OF ADJUSTMENTS AND REVIEW DECISION (Applicant: Elliot & Berman, 18 Cibrian Drive, A.P. #38-011-042, New Residence; Appellants: Michael & Anne Keith) The Planning Director showed a video and reviewed the StafT report, and stated the appellants' basic objections were the negative impact of the 60'8" retaining wall; location of a 6'6" wall outside the secondary building envelope; location of the hot tub, and inconsistencies with the Town's Hillside Guidelines. The appeal also addresses violation of the subdivision's CC&R's which are not enforced by the Town. TOWN COUNCIL MINUTES #869 3/7/90 2 The Planning Director noted the 6'6" retaining wall has been deleted from the application as a result of a landscape hearing before the BAR. Michael Keith, appellant and owner of 16 Cibrian Drive, stated he didn't believe the StafT or Board of Adjustments & Review considered the letter he submitted to the BAR during the approval process; noted the StafT Report states "The appellant's claim that the BAR failed to consider the impact of the proximity of a hot tub to the appellant's home is correct. The appellants did not mention this as a concern at the public hearing. StafT feels that the impact of the hot tub on the Keiths' residence will be reduced by proposed landscaping, the guest suite and wall." Mr. Keith referred to his letter, page 4, paragraph 3, which specifically requests that the hot tub be moved away from their house; asked how many of his other comments were not considered; stated that the Town's Notice informs people that written correspondence will be considered. Mr. Keith stated he found 24 violations of the Hillside Guidelines; that the minutes of the BAR meeting reflect there was little discussion; thought it was important that the BAR and StafT did not consider his comments; stated Michael Cassidy had appeared at the BAR meeting and pointed out the three separate detached units of the proposal, i.e., garage complex with a bedroom and bathroom, the guest complex and the main house and that he also raised the issue that the CC&Rs specify no fencing and that by building a wall around the perimeter of the building envelope, it violates the spirit, if not the facts, of the CC&Rs. Mr. Keith then reviewed the four specific points of his appeal; showed Council a montage of photos; stated the room in his house most efTected is the library with their video/electronic equipment; stated the 60' wall will be featureless; the wall is located at the windiest point on the property; stated this guest suite could easily be converted to a second unit of 1400 sq.ft.; stated trees would be removed for the deck area. Bruce Berman, applicant, explained how the proposed wall would vary with the grade from 6' to 8'; varies by turning in a few feet and then continuing; instead of stucco it will be covered with shingles; stated the Keiths' view is towards San Quentin and any house on this particular lot within the building envelope will block their view from this particular room; the hot tub was centrally located between the pool, guest house and main house; if the hot tub is moved to the other side of the pool, it would bring it into the Keiths' view from their upstairs area; the pool equipment has been moved to the garage; was open to shifting the hot tub around if it pleases the Council; the architect and StafT felt the proposal conformed to the Hillside Guidelines; stated there was a mistake on the plans which still states "stucco" and the exterior of the guest house has been changed to shingles; stated it would be a cedar shingle with a semi-transparent stain; stated they had no desire for a second unit; the ordinance allows them to build a guest suite; there would be no separate access or parking for this guest house; stated the garage unit is a maid's quarters; scheduled to return to the BAR with landscape plans and will not do substantial pruning. TOWN COUNCIL MINUTES #869 3/7/90 3 Mrs. Keith stated the guest house has facilities for ofT street parking and she considered the bar another name for a kitchen; felt they had enough space without building an area for lounge chairs; stated the guest room is well situated but the wall is incredible; they have a compound that is totally fenced in; each area from the deck to the garage to the front with a archway to the guest house is totally fenced. Mr. Keith stated the setbacks are approximately 10' on each property and they are proposing a 60' wall and if he received the same approval it would create a 20' alley between the houses. The Mayor opened the public hearing. Ralph Morrissette, architect, stated he placed the hot tub away from other activity areas; would be willing to place windows in the wall. The Mayor closed the public hearing. Councilmember Coxhead stated Mr. Keith should be complimented and commended for his voluminous letter; stated he was very specific in his concerns and well presented; didn't agree with all of it, but was concerned about the large decks on the west side of the house; looks as though the decks are cantilevered and would be highly visible from the Corte Madera side; didn't think they were in conformance with hillside guidelines; stated it was pretty windy in that area and a future owner might need some glass in those walls; thought the 60' wall is designed with some recesses and with proper shrubs and vines it would enhance the area for both the property owner and the Keiths; have been in the library of Mr. Keith's residence and the family does use the room but indeed he had to crane his neck to see the story poles; chairs are pointed toward the television and bookshelves and not towards the view; think the wall will help the wind problem for the Keiths; regarding the hot tub, he felt it was important that equipment be located away from the Keiths; felt the proposed location of the hot tub would lessen the possibility of a second unit; thought it was a unique design; main concern is the large cantilevered decks. Councilmember Duke disagreed with Mr. Keith; didn't think the guest suite was obstructing his view; stated when the project was designed, it was clearly laid out so that the view from the Keiths' house was designed to look east and the other lots west; real problem is it was never expected the entire building envelope was to be filled; building envelopes were designed to protect views; the people buying the lots want to fill the entire building envelope and create a compound. Vice-Mayor Mayberry stated she had a problem with the proximity of the long wall to the Keiths' property; felt it was unrealistic to have a wall that long and that high so close; she would have claustrophobia; stated the application was completely difTerent than anything else in that subdivision; it was a compound. The Planning Director stated that the architect has taken advantage of the Zoning Ordinance which allows a second unit to be 12'. TOWN COUNCIL MINUTES #869 3/7/90 4 Vice-Mayor Mayberry stated she felt it was a potential second unit; that the whole house could be stepped further into the hillside; agreed with Keith's comments regarding the Hillside Guidelines; she would lower the fence considerably and possibly remove the guest house. In response to Councilmember Shaw, the Planning Director stated there were no StafT approvals given; the retaining wall was removed by the BAR during the landscape hearing; assumes Mr. Keith's original letter was presented to the BAR prior to the meeting; StafT does not go through the Hillside Guidelines. Councilmember Shaw suggested scaling back the area of the guest house and reaching some compromise with the Keiths. Motion: To remand this application back to the BAR for further consideration. Moved: Mayberry, Seconded by Duke Councilmember Duke stated he would like the BAR to look at the issue of the guest portion of the project and see if there are any modifications that would scale it back but leave the sense of the project in tact; scale back the area of the hot tub and bar that might meet some of the objections of the Keiths. Vice- Mayor Mayberry suggested relieving the massiveness of the wall so that it doesn't give the impression of the sealed-in compound. Council member Coxhead stated he would like the deck scaled back. Vice-Mayor Mayberry wanted the BAR and DRB to consider the Hillside Guidelines when reviewing projects. Vote: Ayes: Unanimous 9. ZONING ORDINANCE (Consider Town's Revised Zoning Ordinance, 1st Reading) The Associate Planner reviewed the StafT report and stated the Planning Commission met on February 28, 1990 and made the following clarifications to the proposed Zoning Ordinance: 5.04.01 - Principal Uses Permitted in the R-2 Zone. "3. Two single family dwellings, provided that the lot has a minimum of 10,000 square feet of area." TOWN COUNCIL MINUTES #869 3/7/90 5 Chapter 16-1: Dwelling, Two-Family: "A two-family dwelling is such that the two units share a common wall, roof, and foundation. A breezeway, trellis, or similar connection does not constitute a two-family dwelling." The Associate Planner stated the two issues which have generated the most controversy are the Floor Area Ration (FAR) and revisions to the R-2 Zone; also that StafT has concerns regarding the Planning Commission's recommendation that a 9' width be required for 70 and 90 degree parking stalls which could create a reduction in the number of available parking spaces in the downtown area in the future. The Mayor opened the public hearing. Jon Rankin, President of Chamber of Commerce, presented the Town Council with a Resolution adopted by the Board of Directors of the Chamber strongly opposed to a neighborhood commercial zone and requested that Section 5.10.00 through 5.10.03 be deleted; reiterated letter dated February 16, 1990 which asks Council to look at Point Tiburon Plaza and make sure the Town doesn't make that mistake again; read letter dated March 7, 1990 which vigorously opposed the two zoning designations and listed numerous merchants who had signed it; stated 100% of the business community will have signed the letter by the next Council meeting. Branwell Fanning, former Mayor, stated residents aren't going to go into Point Tiburon for neighborhood commercial businesses and pay for parking; thought the Town should survey and find out how many residences in Tiburon are made non- conforming uses and residents should be notified by registered mail of the impact on their homes; people will have a hard time getting refinancing and would require variances for any changes they might want to do; lived in Reedlands for 30 years; recently discovered their homes are being made non-conforming; houses are built with 10' setbacks and the current zoning requires a 15' setback. The Planning Director stated the Zoning was changed in 1967; that the Town StafT doesn't know of any instances that the proposed Zoning Ordinance is making anyone non-conforming. There was a brief discussion regarding non-conforming uses and the proposed requirement to obtain a Use Permit in order to rebuild a home exactly as it existed. Warren Callister, Planning Commissioner, presented the Town Council with a Proposal for Professional Review; asked that a Committee provide input and professional criticism; stated his colleagues on the Planning Commission have recommended a very restrictive ordinance; thought Committee should include engineers, architects and planners that work with the land owners and developers. TOWN COUNCIL MINUTES #869 3/7/90 6 Mr. Callister also stated he disagreed with Item 2 of the StafT report and suggested it be amended to state "a breezeway, trellis or similar connection does constitute a two-family dwelling". Don Batten supported the Chamber of Commerce's position that there be no difTerentiation between village commercial or neighborhood commercial. Michael London, Mt. Tiburon Homeowners Association President, stated he felt the majority of people don't understanding the Zoning Ordinance and how it applies to them; thought the impact would be greater on existing homes than the few homes left to be built over the next few years; Town needs to do as much as possible to make everyone in Town know what the Zoning Ordinance means and how it will impact them; asked Council to look at it carefully. Freda Neuerburg, owner of 1844-46 Centro West, presented Council with a letter she read asking for confirmation that she would be able to rebuild her duplex as it exists in the case of fire or earthquake. The Planning StafT explained the Use Permit application process. Fani Hanson, 2050 Centro East, stated the R-2 Zone in Tiburon is so small that to change it ofTers no solution; Council should leave it alone. The Mayor set Monday, March 12, at 7:30 P.M. for a continued Public Hearing on the Zoning Ordinance. Councilmember Duke asked StafT to prepare a list of the major Zoning Ordinance issues. G. UNFINISHED BUSINESS There was none. H. NEW BUSINESS 10. OLD TIBURON UNDERGROUNDING OF UTILITIES (Accept Petition Initiating Proceedings to Form Assessment District) The Town Manager reviewed the StafT report and indicated that 66% of the homeowners signed the petition indicating support for the formation of an assessment district; the Town Engineer has confirmed that 62.8% of the total land area supports the district; amended Resolution of Intention to delete "Boundary Map" and indicate the map submitted by petitioners. Mr. Kleinert indicated that Council's actions this date do not place any obligation on any property owner or petition signer at this time regarding any costs or expenses. There were no comments from the audience. TOWN COUNCIL MINUTES #869 3/7/90 7 Motion: Moved: Vote: Motion: Moved: Vote: Motion: Moved: Vote: To adopt Resolution Accepting Petition Old Tiburon Undergrounding Assessment District No. 1990-3 Duke, Seconded by Mayberry Ayes: Unanimous To adopt Resolution Approving Agreement for Legal Services Old Tiburon Undergrounding Assessment District No. 1990-3 Duke, Seconded by Mayberry Ayes: Unanimous To adopt Resolution of Intention to Order Improvement in Old Tiburon Undergrounding Assessment District No. 1990-3 Mayberry, Seconded by Duke Ayes: Unanimous Joan Bergsund, President of Landmarks Society, stated her concern about the three poles around Old St. Hilary's; asked if they could be undergrounded; this property is presently between the proposed Hillhaven Undergrounding District and the Old Tiburon Undergrounding District because they were unable to get support from seven property owners along Esperanza; stated Supervisor Aramburu is aware of the County's possible participation in this project; as President of the Landmarks Society, she has been unable to influence the Board of Directors to allocate money from a non-profit organization for undergrounding assessments, except for the hook- up fees; Supervisor Aramburu has requested that the County be contacted regarding the possibility of extending the District to include Old St. Hilary's. Dan Bort, of Sturgis, Ness, Brunsell & Sperry, explained how the District boundaries can be amended. Becky Clelland, Chairman of the Committee to Underground Utilities in Old Tiburon, stated the seven property owners along EsperaDZa are opposed to being included in the District; stated the County of Marin isn't willing to make commitments until the boundaries are determined; Committee can't determine costs until the boundaries are determined. Mayor Logan noted the Town is not in a position to finance undergrounding the three poles. It was decided that Ms. Clelland will contact P.G.&E. and request a rough estimate to include the extended boundaries and there will be a neighborhood meeting to discuss these costs. Dan Bort explained that if the funds were donated to underground the three poles, the work could be performed without amending the district, however, the seven property owners would receive the benefits without participating in the district; explained statutory requirements; explained that under Public Utility Commission regulations, all property owners must pay to hook-up their properties to utility lines. TOWN COUNCIL MINUTES #869 3/7/90 8 11. DOWNTOWN TIBURON PIER (Replacement of Pier by Main Street Properties Located Behind Mr. Q's Restaurant) The Town Manager reviewed the StafT report; Main Street Properties proposed to replace the pier which was originally installed in 1956 or 1957; very expensive project and some State funds might be available; pier could be used for future ferry service; permits available from Army Corps of Engineers and BCDC; Planning StafT has indicated the application should go to the BAR for review and approval. Councilmember Coxhead didn't think the Council should prejudge the application; property owners within 300' need to be notified. Motion: To support in principle the application to replace this dock and forward the proposal to BAR for review and approval. Moved: Logan, Seconded by Duke Vote: Ayes: Duke, Mayberry, Logan Noes: Shaw Abstain: Coxhead 12. TREE ORDINANCE (Discussion of Current Ordinance Provisions and Enforcement Procedures and Status of Proposed Ordinance Provisions and Legal Expenses) Stewart Hopkins stated he reviewed the StafT report and had no further comments. I. COUNCIL, COMMISSION OR COMMITTEE REPORTS There were none. .I. COMMUNICATIONS 13. Disney Parade (Chamber of Commerce & Fri Nite Live Sponsors, Wednesday, March 14, 1990, 4:00 P.M. to 7 :00 P.M., Main Street) The Town Manager stated StafT is working with the Chamber of Commerce and trying to keep Town costs down as much as possible. 14. Ltr. and Bud2et from ABAG to Local Governments, dt'd. 2-5-90 Informational item. K. STAFF AND TOWN MANAGER REPORTS There were none. TOWN COUNCIL MINUTES #869 3/7/90 9 CONTINUED ITEMS 2. AMICUS SUPPORT (Builders of Northern California v. City of Sacramento) There was some concern that this lawsuit would also prevent local governments from imposing impact fees for anything. The Mayor to discuss with the Town Attorney. 3. RED & WHITE FLEET FERRY SERVICES (Extend Agreement with City of Belvedere and Red & White Fleet to Apply for Funding Assistance) The Mayor requested the amount of $10,000 be inserted in the Agreement in paragraph three. Moved: To approve Agreement for Services #2 with City of Belvedere and Harbor Carriers. Moved: Logan, Seconded by Mayberry Vote: Ayes: Unanimous L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 11:10 P.M. to Monday, March 12, 1990 at 7:30 P.M. for the purpose of continuing the public hearing on the Draft Zoning Ordinance. , MAYOR ATTEST: O~AtU)'J/. ~.~ THERESE M. HENNESSY OWN CLERK TOWN COUNCIL MINUTES #869 3/7/90 10