HomeMy WebLinkAboutTC Min 1990-11-07
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Logan called the closed session of the Town Council of the Town of Tiburon
to order at 6:30 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 7:10 p.m., Wednesday, November 7, 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
Ewing, Town Engineer Bala, Supt. of
Public Works Brunini, Senior Planner
Anderson, Assistant Planner Catron, Chief
of Police Herley, Finance Director Stranzl,
Town Clerk Hennessy, Minute Clerk
Kearney
B. INTRODUCI'ION OF TOWN PERSONNEL
The Town Manager introduced the new Town Attorney, Robert B. Ewing, and
Council welcomed him to the Town staff.
The Chief of Police introduced the new Community Services Officer, Erin Inskip,
and the new police Corporal, Barry Bolduc, and welcomed them to the Department.
C. PUBLIC OUESTIONS AND COMMENTS
None
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D. CONSENT CALENDAR
Mayor Logan requested two items be added to the Consent Calendar as Items 6(a)
and 6(b) for approval.
Minutes #893 were amended as follows:
Pg. 3, Item 3, paragraph 6, line 2, amend to read "...approximately
$180,000; that this item be budgeted for 1991-92; and..."
Pg. 8, paragraph 1, line 16, amend to read "...to the R-l zones and not
enough to the RO-l and RO-2 and other...."
Pg. 8, paragraph 4, line I, amend to read "...should not be established;
but if they are, that ...."
Motion:
Moved:
To approve the Consent Calendar as amended as follows:
Thayer, Seconded by Coxhead
1. APPROVAL OF MINUTES #892, October 16, 1990; #893,
October 17, 1990
Vote: AYES: Coxhead, Thayer, Kuhn, Logan
ABSTAINED: Friedman
2. MONTHLY INVESTMENT SUMMARY REPORT (September
1990)
3. TOWN PERSONNEL RULES AND REGULATIONS
(Modification of Pregnancy Leave Provisions)
Vote: AYES: Unanimous
4. ABATEMENT OF PUBLIC NUISANCE (Illegal Use of
Recreation Vehicle - 611 Ridge Road, Set Public Hearing for
November 26, 1990 for Abatement Hearing)
Vote: AYES: Coxhead, Thayer, Kuhn, Logan
ABSTAINED: Friedman
5. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION
(Banke/Jackson, 265 Round Hill Road - Resolution Upholding
Appeal)
Vote: AYES: Thayer, Kuhn, Logan
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NOES: Coxhead
ABSTAINED: Friedman
(A) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON CONGRATULATING KEITH MORRISON AS
TIBURON PENINSULA CHAMBER OF COMMERCE 1990
CITIZEN OF THE YEAR
(B) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OFTIBURON CONGRATULATING JOYCE POWER ON THE
OCCASION OF BECOMING A MEMBER OF THE TIBURON
PENINSULA CHAMBER OF COMMERCE HALL OF FAME
Vote: AYES: Unanimous
E. PUBLIC HEARINGS
6. ZONING ORDINANCE (Review of Zoning Ordinance Revisions as
Recommended by Planning Commission - Ordinance, 1st Reading)
The Senior Planner outlined the staff report and noted that the Planning
Commission had reviewed the Parks & Open Space Commission section of the
Zoning Ordinance at their October 24, 1990, meeting and had recommended the
section be added with some minor changes. The Commission also discussed the
comments and recommendations of Hal Edelstein as outlined in his letters of
October 16 and 18, 1990. Staff recommended Council pass first reading of the
proposed ordinance after further deliberations.
Council questioned why the Commission had recommended the definition of
basements be changed from 9 feet, as recommended by Mr. Edelstein, to 7 feet above
grade; and the Senior Planner responded that the Planning Commission had felt
that 9 feet was too high and visible, and 7 feet was being used by other communities
such as Corte Madera.
Council discussed the issue of including a Parks and Open Space Commission
section in the Zoning Ordinance, and
Councilmembers Kuhn, Coxhead, Friedman, and Mayor Logan indicated their
support of including the proposed section in the Ordinance.
Vice-Mayor Thayer indicated that comparable authority was already provided in the
Parks and Open Space sections of the General Plan and expressed concern that if
it is included in the Zoning Ordinance as proposed it will create potential for
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conflict and confusion as to responsibilities between the Planning Commission and
the Parks and Open Space Commission. Therefore, he preferred it not be included
in the Zoning Ordinance.
Council discussed the items contained in Mr. Edelstein's letters to the Council dated
October 16 and 18, 1990, including the definition of "Floor Area Gross" (p. 15), the
delineation of "Lot Coverage" (p. 174), and "trade-offs" of lot coverage and height
(new wording).
On the issue of floor area gross, Councilmember Coxhead expressed concern that
F ARs on the larger lots would be too restrictive and preferred relaxation of F ARs
for parcels over 20,000 sq. ft. However, he indicated that if the remaining
Councilmembers did not concur, he would support Mr. Edelstein's recommendations
with the modifications as outlined by the Planning Commission.
Councilmembers Kuhn and Thayer both concurred with the Planning Commission
recommendations. Council member Friedman indicated he needed more time to
consider this matter.
Therefore, the definition of Floor Area, Gross, subsection (1), is to be as
recommended by Mr. Edelstein in his October 16 letter with the following
amendments: "...on properties greater than 60,000 square feet in area; or the first
250 square feet of garage or carport space for each parking space required under
Parking Requirements Section 5.08.04 of this Ordinance."
The Senior Planner noted that the Planning Commission deleted "whichever is
greater" from the last sentence of Mr. Edelstein's October 16 recommendation
regarding Gross Floor Area because they felt this matter is previously covered in the
Ordinance.
Subsections 2, 3, and 4 would remain the same, but subsection 5 would be amended
to read: "Basements as defined in this Ordinance."
Discussion ensued regarding the definition of grade and the Planning Commission's
recommendation that basements not exceed 7 feet above grade. Mr. Edelstein
expressed concern that 7 feet would not allow for garages, and Council discussed
whether garages put into basement areas would be counted in the floor area gross
calculations and whether the definition of basement areas should be amended to
those areas not extending 8 feet above grade.
Councilmember Kuhn questioned whether 7 feet was too low to be useable and
Mayor Logan pointed out that it would be possible to dig further into the ground to
make the basement area useable.
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Council unanimously indicated their support of the Planning Commission
recommendations to limit basement areas to no more than 7 feet above grade.
Council then discussed Mr. Edelstein's recommended list of areas to be included in
the gross floor area.
Councilmember Kuhn requested clarification regarding breezeways being included
in subparagraph (2) in the gross floor areas, but then being excluded in
subparagraph (6); and Mr. Edelstein indicated the intent was that if the enclosure
around the breezeway is more than 50 percent open, it would not be defined as
habitable. If the enclosure is 50 percent solid, it would be defined as habitable.
Council indicated their support of Mr. Edelstein's recommendations regarding the
list of areas to be included in the gross floor area.
On the matter of lot coverage, Council discussed the Planning Commission's
rejection of Mr. Edelstein's definition of lot coverage with regard to the exclusion of
decks.
Councilmembers Kuhn and Coxhead felt the inclusion of all deck area in the lot
coverage definition would be too restrictive. Therefore, they indicated their support
of Staff's compromise recommendation that 50 percent of all deck areas over three
feet above grade be included in lot coverage.
Vice-Mayor Thayer stated he supported the Planning Commission's
recommendations to include decks in the lot coverage because of the tendency to
enclose decks and he suggested the burden should rest on the homeowner who wishes
to enclose his deck and not the neighbors.
Councilman Friedman supported the definition as outlined in the August 30, 1990
Planning Commission draft Zoning Ordinance and that decks be included in the lot
coverage definition if they are above three feet.
Mayor Logan supported Stall's compromise recommendation and that the issue of
intrusiveness can be dealt with by the Design Review Board.
Therefore, Section 5.06.08 was modified to read "Lot coverage shall include buildings,
accessory buildings, carports, 50% of deck area, cantilevered elements, etc...."
Regarding the issue of trade-offs of lot coverage and height, the Council unanimously
supported the Planning Commission's opposition to this concept.
On the issue of residential floor area ratios, Mayor Logan and Vice-Mayor Thayer
expressed their support of the Planning Commission's recommendations.
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Council member Kuhn felt an imbalance exists in the proposed FAR guidelines
between the allowed density on lots 7,500 to 60,000 sq. ft. and lots in excess of 60,000
sq. ft. in that the density for lots in excess of 60,000 sq. ft. is too restrictive. Mayor
Logan responded that if the two exceptions can be established as outlined on pg. 108
of the proposed ordinance, the gross floor area can be exceeded, but that the
rationale behind the proposed guidelines was to allow for distance between homes.
Councilmember Kuhn further objected to the two exceptions as proposed on pg. 108
in that they were too subjective and that they would impose a supervisorial burden
on the Council.
Council members Coxhead and Friedman supported the Planning Commissions
recommendations regarding F ARs. Councilmember Friedman suggested the word
"and" be added after exception No.1 on page 108.
Regarding the issue of the language concerning second story additions in single story
neighborhoods, Council discussed Henry Hill's (President of the Bel Aire
Improvement Association) suggestion that the last sentence of 4.02.06 (d) be omitted.
The Council unanimously supported keeping the language as recommended by the
Planning Commission.
As to the issue of the neighborhood commercial and village commercial zones on
pages 73-76, the Senior Planner noted that the Planning Commission concluded that
the term "tourism- oriented" businesses would only include souvenir shops to
distinguish between neighborhood commercial and village commercial uses.
Councilmembers Friedman, Thayer, and Mayor Logan indicated support for the
Planning Commission recommendations.
Councilmember Coxhead felt government should not regulate and interfere with what
businesses sell as long as it is legal and they comply with signage and display
standards. Councilmember Kuhn concurred with Councilmember Coxhead and
stated the Planning Commission and the Town Council should not be regulating the
Town's economy.
Motion:
Moved:
Vote:
To read the Ordinance by title only.
Friedman, Seconded by Kuhn
AYES: Unanimous
Motion:
To pass first reading of AN ORDINANCE OF THE TOWN OF
TIBURON ADOPTING A ZONING PLAN FOR SAID TOWN BY
ESTABLISHING VARIOUS ZONES WITHIN WHICH CERTAIN
REGULATIONS SHALL BE IN EFFECT RELATING TO THE USES
OF LAND AND BUILDINGS, HEIGHT LIMITS OF BUILDINGS,
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AND YARDS AND OPEN SPACES ABOUT BUILDINGS;
REQUIRING THAT CERTAIN PERMITS SHALL BE SECURED
FOR CERTAIN OF SUCH BUILDINGS AND USES; DEFINING
CERTAIN TERMS USED HEREIN; AND SPECIFYING THE
PROCEDURE FOR THE AMENDMENT, AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS
HEREOF; REPEALING ALL OTHER ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH.
Moved:
Vote:
Kuhn, Seconded by Coxhead
AYES: Friedman, Coxhead, Thayer, Kuhn, Logan
NOES: None
Council commended Staff, the Planning Commission, the Zoning Committee, Hal
Edelstein, and Warren Callister for their efforts in this regard.
7. APPEAL DESIGN REVIEW BOARD DECISION (A.P. #59-172-27 &
28; Applicant: Robert King, 2024 Paradise Drive; Appellants: S.
Hopkins, E. DeMartini, P. Bartlett, E. Rice, T. Lizza)
Appellants Rice, DiMartini, Hopkins, Lizza spoke in opposition to the proposed
project because they feel it violates General Plan policies that provide for
preservation of view corridors and requested the applicant be required to build a
carport instead of a garage. Further, they stated the project does not meet variance
requirements as specified in the Zoning Ordinance.
Mr. DiMartini expressed concern that the proposed garage would create a traffic
safety problem in that the turning radius is insufficient and suggested an alternative
carport design.
Mr. Lizza submitted a petition of signatures opposing the proposed project and he
objected to the fact that the meeting of the Design Review Board at which this issue
was discussed was held two weeks before the regular meeting of October 10 and was
not properly noticed. Mr. Lizza also noted the insufficient turning radius created
by the proposed garage.
Mayor Logan questioned whether Council can grant a variance if the necessary
findings are made for a non-conforming structure; and the Senior Planner responded
that in the R-l and R-2 zones a variance is not necessary unless an existing non-
conformity is to be expanded.
Regarding the issue of noticing, Staff stated the meeting at which this matter was
discussed was properly renoticed to all property owners within 300 foot radius of the
project.
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Police Chief Herley expressed his opinion that a garage would discourage people
from making u-turns at this location as opposed to a carport.
Town Engineer commented that there is sufficient site distance of 150 feet for cars
approaching at 25 mph at this location because the applicant will be providing clear
glass panels on the garage doors and the west side of the garage. He also stated
that he placed a condition on the approval that the house cannot rest on the Town's
cantilevered structure holding the sidewalk.
The applicant's architect, Colleen Mahoney, stated they have consulted with and
complied with all requirements of the various governing bodies. She stated the view
corridor has been provided and protected and the impacts of this proposal have
been thoroughly reviewed and considered by BCDC who have indicated their
approval. Further, she stated the garage offers weather protection at this location.
She requested Council grant two variances, one for height and the other for the front
yard.
Council discussed the possibility of providing a carport on the roof and Ms.
Mahoney stated that the roof structure could not support the weight of a car and
that BCDC was opposed to that concept.
Mr. King, the applicant, stated the General Plan code which the appellants are
referring to applies only to undeveloped property and he submitted photographs of
dwellings along the shoreline showing 85% have closed garages. The existing
carports offer no views except of items stored on them and would not add to the
aesthetic value of the view. Further, he stated the safety concerns are unfounded.
Mayor Logan opened the public hearing.
Don Batten, of Belveron, spoke on behalf of Mr. King and encouraged Council deny
the appeal.
Ann Cohn, next door neighbor of the Kings, urged Council deny the appeal and
stated she prefers a garage as opposed to a carport.
Thomas Groman, 395 Paradise Drive, stated there would be not problem with the
turning radius of even large cars at this location and he recommended perhaps
installing mirrors on the garage for safety purposes.
Lawrence Feldman, 2027 Paradise Drive, spoke in support of the Kings.
Randy Turnower, 3 Reed Ranch Road, stated he felt the appellants concerns were
unfounded and that Council deny the appeal and approve the King's proposal.
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Undine King, the applicant, noted that her elderly mother lives with them and that
a garage was necessary as protection from the extreme weather and wind conditions
at this location.
Nat Marans, Planning Commissioner, stated that the General Plan does provide that
views along Paradise Drive are to be protected wherever possible, and he therefore
objects to the proposed garage. He stated the present garages were built prior to
official protection of the views. Further, he stated the property next door will
eventually be developed and the view will be further blocked.
Mayor Logan closed the public hearing.
Councilmember Friedman disagreed that a garage would necessarily discourage
people from making u-turns and that a carport would be safer for site distance.
Also, the fact that there are other garages on Paradise Drive does not determine
whether the Kings should also have a garage. He stated that this is a precious view
corridor and therefore he is opposed to building a garage and preferred a carport.
Councilmember Coxhead expressed concern regarding changing dates for public
meetings once they have been officially announced. In regard to the safety issue, he
supports Staff's opinions that the proposed garage would not render a safety
problem and he prefers garages to carports. He noted that the appellants, with the
exception of Mr. Lizza, do not live on Paradise Drive, and the King's neighbors all
support the proposed addition. Further, an open carport would provide a safety
hazard to Mrs. King's elderly mother by exposing her to the extreme weather
conditions of this location. He felt the King's have met the objectives of the General
Plan to provide view corridors by installing glass windows in the garage and their
willingness to dedicate a permanent view easement over their property on the west
side. Therefore, he would vote to deny the appeal and uphold the decision of the
Design Review Board.
Vice-Mayor Thayer stated it is in the public interest to provide off-street parking at
this location which is currently not available. Further, it is Town policy to preserve
view corridors along Paradise Drive wherever possible. Therefore, he is in favor of
an open carport rather than a garage, even with glass panels.
Councilmember Kuhn, agreed with Councilmember Coxhead's comments and
indicated he would support the Staff and Design Review Board's recommendations.
Mayor Logan agreed with both Councilmembers Kuhn and Coxhead that the
applicant has done everything possible to protect the line of site on the roadway. He
commended the design of the proposed structure and stated that a carport would
negatively effect that design. Further, he stated that the King's offer to deed 21 feet
of property to the Town as a view corridor is a suitable compromise in preserving
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the view along Paradise Drive. Therefore, he would vote to make the findings for a
variance and deny the appeal.
Mr. King stated that the Design Review Board had voted to change the current color
of the structure and he requested Council approve maintaining the current color.
Councilmembers Coxhead, Thayer, Kuhn and Logan all indicated their preference
for the current color.
Motion:
To deny the appeal and grant the variances as requested for height
and front yard setback and modify the decision of the Design Review
Board by keeping the current house color.
Moved:
Vote:
Kuhn, Seconded by Coxhead
AYES: Coxhead, Kuhn, Logan
NOES: Friedman, Thayer
Staff was directed to draft a formal resolution including the Council's findings for
adoption at the next regular Council meeting.
F. UNFINISHED BUSINESS
8. THE HILARITA (Proposed Meeting of Town Council Subcommittee
with Tiburon Ecumenical Association Representatives and The
Hilarita Residents Association)
The Town Manager reviewed the staff report and recommended the Town Council
re-establish and reactivate the Council's Hilarita Subcommmittee and proceed to
schedule a meeting with representatives from The Hilarita Residents Association and
Tiburon Ecumenical Association to review current efforts and long range plans to
preserve The Hilarita.
Mayor Logan stated this matter needs to be reconsidered because of pending federal
legislation which may assist the current tenants of the Hilarita to buy the property.
Both Mayor Logan and Councilmember Thayer volunteered to serve on the Hilarita
Subcommittee.
Christine Marquis, President of The Hilarita Residents Association, urged Council
to allow the Association's participation in their efforts to preserve the low income
status of The Hilarita.
Mayor Logan indicated that the Residents Association will be invited to participate
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in this matter and requested Ms. Marquis appoint two members as representatives.
He then directed the Town Manager to arrange a meeting with the appropriate
parties within the next four weeks.
Council member Kuhn questioned the status of SB #566; and Victor Newman,
consultant for the Hilarita Residents Association, stated this bill will provide only
a partial solution in providing funds through Community Block Grants and some
redevelopment monies.
Helen Benedict, member of the Housing Committee, stated that the Committee also
needs representation on the Hilarita Subcommittee; and Council directed they
appoint a representative.
G. NEW BUSINESS
None
H. COUNCI4 COMMISSION OR COMM.rr.'EE REPORTS
9. PARKS & OPEN SPACE COMMISSION (Land Management
Policies - Council member Kuhn)
Councilmember Kuhn stated that the Town needs to inventory all Town-owned
property, appraise the property and develop a specific plan for managing the
property, and that the management of these properties be delegated to the Parks &
Open Space Commission. He also requested the Town Staff be instructed to list all
Town-owned property and take a more active role in its management.
Discussion ensued regarding whether it was necessary to appraise the properties,
and Council determined it was not appropriate or necessary.
It was acknowledged by Patricia Holden, Chair of the Parks & Open Space
Commission, that the Commission is currently in the process of inventorying Town-
owned property and the Town Manager indicated that Staff would keep apprised.
I. COMMUNICATIONS
J. STAFF AND TOWN MANAGER REPORTS
10. McKEGNEY GREEN KNOLL TREES (Request for Tree Trimming
and/or Removal Due to View Blockage)
The Town Manager stated that former Mayor John Hoffmire has requested that 12
huge eucalyptus trees located on the Knoll adjacent to McKegney Green be trimmed
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Councilmember Kuhn commented that he would prefer trimming as opposed to
removal if possible.
Council directed this matter to referred to the Parks & Open Space Commission for
their recommendations and that they report back to Council prior to January 1, 1991.
11. TIBURONPENINSULADISASTEREXERCISE (Oral Comments and
Discussion of the 10/25/90 Countywide Disaster Exercise)
The Town Manager reported on the emergency preparedness exercise conducted on
October 25th and that it was beneficial in determining what areas of the Town's plan
need improvement. He further stated that the plan will be continually updated.
(A) The Town Manager reminded Council that the scheduled Council
meeting of November 19th has been canceled and moved to Monday, November 26,
1990, at 7:00 p.m.
(B) The Town Manager notified Council that Tiburon will be hosting the
monthly MCCMC meeting which will be held on November 28, 1990.
(C) The Town Manager noted that two vacancies exist on
the Parks & Open Space Commission and the Design Review Board. Mayor Logan
recommended Richard Hill be appointed to the Design Review Board and Dean
Lindsey to the Parks & Open Space Commission.
Councilmember Friedman expressed concern regarding possible conflicts of interest
stemming from architects serving on the Design Review Board and also representing
applicants. He recommended Council reconsider ways of establishing a better-
balanced Board.
Council agreed to appoint Richard Hill to the DRB and Dean Lindsey to the POSC,
subject to their agreement.
(D) The Town Manager also noted that the Heritage and Arts Commission
has three vacancies and he recommended Pat Loomis be appointed to that
Commission. The Council approved Pat Loomis' appointment.
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K. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Logan adjourned the meeting at 11:00 p.m., sine die.
~~.~
PETER B. LOG MAYOR
ATTEST:
~YJ(.~
THERESE M. ENNESS, TOWN CLERK
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