HomeMy WebLinkAboutTC Min 1990-02-21
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, February 21, 1990 in Room 5, Del Mar
School, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
"
Coxhead, Mayberry, Shaw,
Logan
ABSENT:
COUNCILMEMBERS:
Duke
EX OFFICIO:
Town Manager Kleinert, Town
Attorney Truxaw, Town Engineer
Bala, Supt. of Public Works Brunini,
Planning Director Lohman,
Associate Planner Scott, Town Clerk
Hennessy
C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITI'EES
The Mayor asked The Ark to publicize the vacancies on the Commissions.
D. PUBLIC QUESTIONS AND COMMENTS
Don Batten, at the invitation of Mayor Logan, showed a video which depicted an
interview if Mr. Batten on Channel 5 News describing his ham radio coverage of the
October earthquake.
Stewart Hopkins asked the Council to agendize the enforcement of the existing Tree
Ordinance. The Mayor directed Staff to make a report at the next meeting.
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E. CONSENT CALENDAR
Item 1, Minutes #867, was removed. Item 3 was added.
Motion:
To approve the Consent Calendar consisting of the following items:
2. Stop Sign at Via Capistrano & Reed Ranch Road - Resolution
3. Order to Show Cause (A.P. #58-182-08, 666 Hilary Drive, Tree Maintenance
Complaint) - Continued to March 7, 1990
Moved: Mayberry, Seconded by Shaw
Vote: AYES: Unanimous
ABSENT: Duke
F. PUBLIC HEARINGS
4. APPEAL DESIGN REVIEW BOARD APPROVAL (Applicant: Dolora DeGeer,
2101 Mar East Street, A.P. #59-134-001; Appellant: Walt and Carol
MacCarron; New Residence)
The Planning Director reviewed the Staff report and the basis for the appeal which
was that the plans submitted were inaccurate; findings for a variance had not been
made; application blocks view corridor of Paradise Drive; mass and bulk of house
is too large for lot coverage and floor area ratio. Staff showed a video of the story
poles and view corridor, and recommended the Council reaffirm the Design Review
Board decision and deny the appeal.
In response to Council member Coxhead, Mr. Callister stated the story poles had
been changed three times and their positions verified.
Walt MacCarron, appellant, stated in four hearings he felt there were discrepancies
that were not addressed; stated they had not received the final set of plans which
were presented to the Town Council; asked Council to determine whether the public
right-of-way was included in calculations to arrive at a .34 FAR.
Phil Maher, attorney representing the appellants, stated the Planning Director was
taking the role of the advocate by introducing plans and a video his client has
never seen; clients feel put on since a member of the Planning Commission is
representing the applicant; clients have no idea what the proposed chimney will look
like; asked if the public right-of-way is represented as part of the lot; stated they
had a court reporter at each of the design review hearings and there was no
discussion whatsoever about discussing facts; California law requires the Design
Review Board to make findings for a variance; asked that certification of the
position of the story poles be made part of the record; stated this is a total denial
of the due process rights of his client. Mr. Maher pointed out that the Council
would be discussing the new Zoning Ordinance later that evening which has specific
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Floor Area Ration requirements and that if they approved the DRB decision and
gave Mr. Callister and his client what they want and pass a Zoning Ordinance that
would make the decision illegal, it wouldn't seem to be in compliance with
California law and the General Plan.
Warren Callister, architect for the applicant, presented the Council with copies of
the proposed plan showing the chimney and floor elevation corrections. The Mayor
stated this is an appeal of an approval and to present the Council with new
evidence is not in keeping with procedures the Council should be following in
appeals. Mr. Callister stated he made the corrections to show the Council how
simple the corrections were and he explained the differences on Page 4D, 4A and 4B
for the floor elevation and Page 3C-2 and 3B for the chimney caps which are slightly
different; stated the house has been brought down in height three times; the highest
part of the house is two feet below the neighbors' floor; reviewed the history of the
application and the changes that have been made; have developed a landscaping
plan with the other adjacent neighbor; stated the lower level has been set into the
hill and has no view due to two houses across the street; didn't think the house was
large in relationship to others in the area; tried to accommodate and respond to the
Board and neighbors; lowered the house 10 1/2 feet below the required height limit.
Mr. Callister stated they are not using the right-of-way to calculate the footprint,
but did state in a previous meeting that a corner lot gives the appearance of more
space than other lots; felt they had to extend the size of the building on the bottom
when they removed space off the top; proposing a single family house in a R-2
duplex zone; presented Council with an estimate of the set backs of other houses in
the area.
In response to Mayor Logan, Mr. Callister stated the FAR which is approximately
48% does not meet the requirements of the proposed Zoning Ordinance; the FAR
for other houses in the area is as high as 54%; stated until the FAR is in the Zoning
Ordinance, it is not an issue; they made their submittal to the Board before the
FAR was an issue; if it was after the FAR had been adopted, they would have asked
for a variance since the neighborhood has big houses; stated the proposal was in
character with the neighborhood.
In response to Vice-Mayor Mayberry, Mr. Callister stated the railing along Paradise
Drive is approximately 42".
Dana Cahill, attorney representing the applicant, stated the application has been
revised and down-scaled and is consistent with the community; there is absolutely
no basis in not going forward and affirming the decision of the DRB; stated this
application has met all the findings of a variance; stated if the Council didn't grant
the variance for the minimum amount requested they are prohibiting a building on
that site. Mr. Callister stated that if the house is moved back, it moves the house
higher and gets into neighbors' views. Councilmember Coxhead asked if a home
could be designed that would not encroach on the side yard setbacks. Mr Callister
stated it would be very difficult; practically impossible; if they moved the house,
they would lose the garage.
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Phil Maher stated sketch 4-B shows an 8' ceiling at the lowest point; doesn't show
the height at the highest point; stated it violates the findings that it is the minimum
for them to develop their property; stated the chimney appears to be on top of a 12-
14' ceiling; getting a good view from their second floor is at his client's expense;
can't read anywhere what the total FAR is on these plans; stated the applicant's
attorney can't state that since the older homes in the neighborhood violate the
proposed Zoning Ordinance that his client should be able to get a variance; asked
if the proposed set back is minor; asked the Council if in keeping with the spirit
of the General Plan can they approve a home that obviously violates the FAR of the
proposed Zoning Ordinance; stated his clients were asking for a smaller structure
and for a chimney that is not in their view.
The Mayor opened the public hearing.
The Planning Director noted that the Board did make findings for a variance and
it is in the minutes; stated the proposed Zoning Ordinance would not become
effective for a couple of months; stated the video was not shown to anyone prior to
this meeting; it is an aid for the Staff and Council.
Carol MacCarron, appellant, stated she didn't feel the inconsistencies in the
building design are minor; they critically effect their view.
The Mayor closed the public hearing.
In response to Councilmember Coxhead, Mr. Callister stated the deck is not
included in calculating the square footage of the application.
Councilmember Coxhead discussed the need for accurate information on plans so
that neighbors can properly assess the application; didn't believe 3100 sq.ft. is a
cottage; unique design reduces effect of the bulk; overall design is good but
sympathized with the appellants that a somewhat smaller structure and chimney
is appropriate; applicant is proposing something 70% greater than what would be
approved by the proposed Zoning Ordinance; argument could be made that a house
could be designed that would not encroach on the side yard setbacks; on the other
hand, they might get up into the 25-30' height limit in which case they would be
obstructing neighbors' views; think it might be appropriate for the applicant to be
able to make a presentation again before the Board with the relevant information
they now have and see if some changes could be made to accommodate the
appellant.
Vice-Mayor Mayberry stated she didn't think the record is clear to substantiate and
approve the application; seems like a very large house on a very small lot; would
like to think the parties could get together on a slightly smaller house that would
take up less room and lower the roof lines so that the chimney doesn't intrude on
the neighbors' view.
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Councilmember Shaw stated he wanted to act on the appeal; felt the chimney was
too large.
Mr. Callister stated they need 16' to the top of the chimney to get the draw for the
fireplace; stated chimney was not in their view of the Bay.
Mayor Logan stated he felt it was a nice design; somewhat too large but there are
a lot of houses that don't meet the FAR requirements and that's why exceptions are
allowed; thought there were design reasons to have the chimney where it is;
expressed his concern that the Design Review Board did not identify facts for their
findings; would like to see the house scaled-down; suggested it be remanded back
to the Board.
Vice-Mayor Mayberry stated she thought the revised plans should be totally
reviewed because of the changes. Mayor Logan agreed and suggested the architect
add the various heights to the drawings.
Motion:
Moved:
To remand the application back to the Design Review Board
Mayberry, Seconded Coxhead
The Mayor asked that this item be scheduled on the DRB next agenda.
Councilmember Coxhead asked applicant to clearly identify area of the chimney on
the story poles; get plans to the appellants in advance and make sure they have as
much information as they need.
Council member Shaw suggested a Committee be appointed to work with the
applicant and appellants and Mayor Logan asked Councilmember Shaw to meet
with them.
Amended Motion:
Remand the application back to the Design Review Board;
direct Staff to put this on the next Design Review Board
agenda, and appellant need not pay additional fees if they
appeal the Board's decision again.
Mayberry, Seconded by Coxhead
AYES: Unanimous
ABSENT: Duke
Moved:
Vote:
5. ZONING ORDINANCE (Consider Town's Revised Zoning Ordinance)
The Associate Planner stated the proposed Zoning Ordinance consists of the existing
ordinance, previous drafts and current input from Planning Commission and Staff;
the Planned Development Map is entirely new. Mr. Anderson stated the Floor Area
Ratio limit would effect all residential properties; another addition is the Bel Aire
single family residential zone which includes prevailing set backs inherited from the
County. In response to Vice-Mayor Mayberry, the Associate Planner stated there
are no substantial changes in the inclusionary housing section.
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There was a brief discussion regarding notices of residents which was done through
The Ark newspaper and homeowner associations.
The Mayor opened the public hearing.
James Malott, Tiburon Boulevard, stated he considered the proposed Zoning
Ordinance to be one of the most flawed ordinances he had ever seen; enumerated
several basic complaints, i.e., treated small lots with extreme favoritism; no
reflection given to the scale of buildings on hillsides versus the scale of buildings
on flat area; hillside lots are big lots and have certain amount of visibility; there are
two and three story conditions on hillside lots; hillside lots have severe restrictions
due to topography; there's no indication of open space dedicated by developers as
part of the subdivision; stated there was no dissemination of information about this
ordinance; people have not been informed and the Town is down-zoning their
property; didn't think a FAR could resolve problem of large homes, that it should
be the decision of the Design Review Board.
Jon Rankin, President of the Chamber of Commerce, expressed concerns that zoning
applied to the downtown zoning district has been divided into two zones, i.e., village
commercial and neighborhood commercial; noted the neighborhood commercial
limits use to residential use only and there are closed businesses and empty space;
stated the Town needs a vital downtown and should allow the business community
to design what mix of customers they can serve.
Phil Maher suggested the Town protect the older homeowners from people coming
in and tearing down existing homes and putting up larger houses; supported the
Floor Area Ratio.
In response to Stewart Hopkins, there were no major changes in the R-2 Zone.
Sue Quinn, 2343 Paradise Drive, thought the old ordinance is clearer and easier to
read; stated the proposed ordinance had two major flaws; page 4-12, Section 16-4,
4.06.09, "R-2 Zone is missing". Mr. Scott stated this is a clerical error. Ms. Quinn
noted page 5-8, Section 5.04.01, item 3, appears to accept two single family dwellings
on a lot of any size in the R-2 zone; it appears to allow two single family homes on
8100 sq.ft.; suggested the latter should state "two single family dwellings on 10,000
sq.ft. or more". Ms. Quinn also asked the Council to discuss the review process.
Mayor Logan explained the Planning Commission has been holding public hearings
and has made numerous revisions and forwarded their best effort to the Town
Council; copies of the proposed Zoning Ordinance are available at the library and
at Town Hall.
Ms. Quinn read last paragraph of letter addressed to the Town Council from Gene
Marans which requests consideration that there be a requirement that the minimum
lot size be 10,000 sq.ft. for two detached single family units in the R-2 zone. The
Mr. Lohman stated he would ask the Planning Commission to clarify their position.
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Elmo DeMartini, 2323 Vista Del Mar Lane, suggested the Town area be broken
down into districts and each district meet with the Planning Staff to discuss
proposed changes.
Mayor Logan stated most of the proposed changes would apply to the R-2 Zone;
suggested someone from the homeowners association be designated to monitor the
changes.
Gene Marans, 2312 Spanish Trail, reiterated that she would like to see minimum
of 10,000 sq.ft. as requirement for two buildings whether they are attached or
detached; this request has nothing to do with the 10,000 sq.ft. requirement for
duplexes if they burned down and would be non-conforming.
Fani Hanson, Centro East, stated subdivision of lots in the R-2 zone needs to be
considered very carefully; there are very few undeveloped lots; suggested an
independent meeting of the LCOTPOA will resolve this issue.
Gary Hanson, Centro East, concurred with concerns regarding noticing; would
encourage identification of subjects to be discussed on each agenda notice; concerns
of the R-2 zone residents were vented effectively at the Planning Commissions'
January 30 meeting; thought the Planning Commission backed off on a number of
issues; asked Staff to summarize which of those proposed changes are still under
consideration; asked if there is any consideration to restrict or discourage lot splits
in the R-2 zone; concerned about the proposed change in the slope policy; asked if
Council has copies of letters sent to the Planning Commission; stated access and
parking costs have been increased; up-slope neighbors benefit from steeper slopes;
stated formula is flawed in several respects; mathematically you cannot access a
slope.
The Mayor asked Staff to provide the Council with material presented to the
Planning Commission, and copies of the Planning Commission minutes.
The Planning Director stated subdivision of property is not a subject of the Zoning
Ordinance; the slope policy has been in existence since 1977 and the proposal is a
modification of the previous zoning requirement.
The Mayor continued the item to the next meeting.
G. UNFINISHED BUSINESS
6. CHILD CARE CENTER (Status Report and Discussion Regarding Current
Lease)
The Town Manager reviewed the Staff report which recommend the Town pay
relocation costs if necessary and asked the Child Care Center to consider giving
Town employees a discount rate for child care.
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Robyn Westerkamp, President, stated the Board has discussed three possibility, i.e.,
stay where they are, land behind Reed School and land adjacent to their present
location on Reed School property.
Beth Christensen stated she, Jim Malott and Stone Coxhead are on a subcommittee
to discuss locations with the school district, but a meeting has not been set up to
include the Acting Superintendent. Asked Council to state their position on a new
location and relocation expenses.
There was a brief discussion regarding a discount for Town employees and the
merits of this suggestion will be pursued during future Board meetings.
The Mayor stated the Council has had discussions with the New Town Hall
Committee and there has always been broad support for the child care center;
moving it to an alternate site is something the Council has always been committed
to and if the Town asks them to move, he felt the Town should pay for the
relocation.
Motion:
Council agrees in concept to pay for any move of the current facility
to an alternate site; this is not conditioned on sale of the current
Town Hall site.
Logan, Seconded by Coxhead
AYES: Unanimous
ABSENT: Duke
Moved:
Vote:
7. TIBURON RULE 20A UNDERGROUNDING PROJECT (Authorize Proceeding
with Stewart Drive to Pine Terrace Project - Resolution)
Council waived hearing the Staff report.
Moved:
Vote:
Rolph Hockley, President Hawthorne Terrace Property Owners Association, stated
P.G.&E. has taken its alternate power supply along Hilary Drive and down Rock
Hill; stated undergrounding has already been done between San Rafael Avenue and
Rock Hill; stated piece in between the latter area and the proposal has very heavy
wires; asked that if the Town ever closes the gap between Rock Hill and Miraflores
that the Town prevail on P.G.&E. to take down the alternate power line and place
it in an underground trench.
Motion: To adopt Resolution of the Town Council of the Town of Tiburon
Stating its Intention to Underground Utilities Along Tiburon
Boulevard Between Stewart Drive and Pine Terrace
Mayberry, Seconded by Coxhead
AYES: Unanimous
ABSENT: Duke
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H. NEW BUSINESS
8. RECYCLING FEES (Marin Resource Recovery Center Requesting Monthly
Increase from $1.25 to $1.75 Per Household - Resolution)
The Town Manager reviewed the Staff report.
Patti Garbarino, Marin Resource Recovery Center, stated cardboard, newspaper and
computer paper represent 60% of income and they suffered a $325,000 loss due to
the glut of paper products on the market; the increase is to offset instability of the
secondary materials market.
Motion:
To adopt Resolution Authorizing an Increase in the Surcharge Rate
Levied by Mill Valley Refuse Service, Inc. for Subsidizing the Marin
Recycling and Resource Recovery Association Curbside Recycling
Operations
Shaw, Seconded by Mayberry
AYES: Unanimous
ABSENT: Duke
Moved:
Vote:
I. COUNCIL, COMMISSION OR COMMITTEE REPORTS
9. MARIN CIlY STADIUM LIGHTS (Consider Planning Commission Resolution)
There was a brief discussion and the Mayor directed Staff to write a letter to
Supervisor Aramburu stated Tiburon's support of his efforts to reduce the glare and
place a timer on the stadium lights.
10. TRANSPORTATION SALES TAX MEASURE (Status Report - Councilmember
Mayberry)
Vice-Mayor Mayberry stated this was informational. The Planning Director stated
the County Planning Directors had met that date and they didn't come up with
definitive standards they could agree on to forward to the Committee.
.I. COMMUNICATIONS
11. Ltr. from Stuart Scott Construction Co. to Town Council, dt'd 2/15/90
Informational item.
12. LCOTPOA Minutes, dt'd. 2/1/90 - Informational item.
13. Memorandum from League of California Cities Regarding 1990 Budget and
Proposed Dues Increase, dt'd. 1/29/90 - Informational item.
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K. STAFF AND TOWN MANAGER REPORTS
14. Tiburon Peninsula Club Zonin2 Desi2Dation Correction in New General Plan
(Memorandum to Town Council from Associate Planner, dt'd. 2/21/90)
Council directed Staff to make the clerical correction.
RING MOUNTAIN PARKING BAYS
The Council agreed with the Town Engineer's determination that the aggregate
paving on the Ring Mountain parking bays was not adequate and has been washing
away during the rainy season, and therefore needs to be replaced with asphalt
paving.
BRIDGE PRESENTATION AT SPECIAL COUNCIL MEETING
The Town Council set an adjourned meeting to hear a formal presentation from
BRIDGE regarding low/moderate senior citizen housing on Tuesday, March 13, 1990
at 7:30 P.M.
1. APPROVAL OF MINUTES #867, February 7, 1990
After a brief discussion, it was determined not to amend the Minutes.
Motion:
Moved:
Vote:
To approve Minutes #867 as submitted.
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Duke
L. CLOSED SESSION
Mayor Logan adjourned the meeting to Closed Session at 11:15 P.M. to continue
discussion of litigation and personnel.
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M. AD.IOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Logan adjourned the meeting at 11:30 P.M. to 7:30 P.M., Tuesday, March 13,
1990 to hear a formal presentation from BRIDGE regarding low/moderate senior
citizen housing.
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