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HomeMy WebLinkAboutTC Digest 2008-08-08 ~~ ~ TOWN COUNCIL WEEKLY DIGEST Week of August 4 - 8, 2008 Tiburon 1. Letter - Peggy Curran- Response to "Green Suggestion" for Market Recycling 2. Thank You - Doris Dantes - Signage on Pine Terrace 3. Thank You - John Sanford-Improve. to So.Knoll Park, Downtn. & Pine Terr. Agendas & Minutes 4. Minutes - Hilarita/Tiburon Ecumenical Assoc. - June 9, 2008 5. Minutes - Design Review Board - June 19, 2008 6. Action Minutes - Design Review Board - August 7, 2008 7. Agenda - Planning Commission - August 13, 2008 Regional a) LCC - 2008 Legislative Briefings b) Letter - Marin Gen. Hospital - Patient Care Enhancements * c) Focus Call for Priority Development Area Applications * d) Western City Magazine - August 2008 * e) Conference - Rail-Volution 2008 - San Francisco 10/26-30/08 * Agendas & Minutes f) Agenda - Marin Hazardous & Solid Waste JP A - August 13, 2008 * Council Only Town ofTiburon. 1505 Tiburon Boulevard · Tiburon, CA 94920 · P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us August 5, 2008 b/Q ~~~ Ron Skellenger 72 Main Street Tiburon, CA 94920 Dear Mr. Skellenger: Thank you for your letter of July 30, 2008 regarding your "green suggestion" that the Town urge the Boardwalk Shopping Center and DeLano's Market to set up more recycling opportunities. I think it is an excellent idea and will communicate with them both to see if they can do more on the recycling front. I can't promise results, but it is worth the effort to explore the subject with them. Thanks for your concern for our Tiburon environment. It is appreciated. Best regards, ~~V'-- Peggy Curran Town Manager cc: Town Digest / ~.~ ":, ::', ',~i; ;::~..:~..~};:" , . . . !.....1!.,..~"~~":.-,. . . . T~~)~a1D CotiriCihnewber MargatetA}XJurran Towp:~~~er Page 1 of 1 ~ DIGEST0 j Peggy Curran From: Doris Dantes [doris.dantes@gmail.com] Sent: Monday, August 04,2008 10:06 AM To: Michael Cronin Cc: Peggy Curran Subject: THANK YOU!!! Mike, The street signs were installed last week and the difference this past weekend was unbelievable---we finally have a quiet street! The residents of Pine Terrace, myself included, are very grateful for the effort you put into resolving this very difficult issue. Your hard work and persistence paid off and we are very appreciative. During the last 15 years, no one had found a resolution to this problem until you took over. Weare very, very thankful. Regards, Doris Dantes 8/4/2008 Page 1 of 1 <7 .J_ DIGEST Peggy Curran From: JESanford7@aol.com Sent: Wednesday, August 06,20082:29 PM To: Peggy Curran Subject: Thanks to you and your staff 8/6/08 Peggy, we are delighted with the two new teak benches on the point at the South Knoll Park, the new light fixtures downtown on Tiburon Boulevard and the new restricted parking arrangements on Pine Terrace. Many thanks to you and your staff. John Sanford Looking for a car that's sporty, fun and fits in your budget? R~ad review~ on APL Autos. 8/6/2008 The HILARITA TlBURON ECUMENICALASSOCIATlON 100 Ned's Way - Tiburon, California 94920 (aka Hilarito-TEA or HTEA) Lr BOARD OF DIRECTORS MEETING Minutes of June 9. 2008 RECEIVED AUG - 7 2008 Officers: President - Keith Lester Vice President - Charles Quick Secretary - Barbara Garcia-Romero Treasurer - Carl Weichel TOWN MANAGERS OFFICE TOWN OF T/SURON The Hilari... Residents Association (lIRA): (),1 Mary Ann Alvarado, Joyce Larsen, Dorothy Larson, Carol Michelson, ,n Angela Lorenz-President ex-officio ~~ Community Congregational Church (CCC) , ~. (\ Barbara Brooks, Keith Lester, Carl Weichel U or ~ S1. Stephen's Episcopal Church (SSEC) , ~ Barbara Garcia-Romero, Michael Peters Westminster Presbyterian Church (WPC) Richard Leonards Community At-Large Representative - Town of Tiburon Representative - to be appointed DIRECTORS PRESENT: DIRECTORS ABSENT: HRA-Susan Solomon-Browne; Sonia Pradia Anne Brown-SSEC; Dennis Leary, Charles Quick- WPC OTHERS PRliliENf' A QUORUM IS 7 Linda Tilton, Director of Property Management, The John Stewart Co. (JSC) residents - Michael Bums, Chris Darling, Victoria Tuorto 1. MEETING CALL TO ORDER President Lester determined that a quorum was present and called for order at 7:30 PM in the Community Resource Center of The Hilarita Apartments. The President called for approval of the Agenda: M/S/P [B. Garcia-Romero/D. Larson) to approve the Agenda as presented. Unanimous 3. OPEN FORUM 1. A resident called attention to the fact that a notice was not received prior to the window washers coming on-site recently. Without this notice, a person cannot secure the windows and that the risk of workers entering a unit via the windows was unsettling. Ms. Tilton, JSC, stated that it is customary for the residents to be notified in advance of such work, and she said that this would be looked into so that a notice delay does not occur in the future. 2. MINUTES OF THE MAY 17. 2008 MEETING Barbara Garcia-Romero advised that on page 3, item 11, number 2 an amendment is needed to show The Hilarita annual picnic as being on June 13, 2008. Being so noted, it was: M/S/P [M. Peters/J. Larsen] that the Board approve the May 27, 2008 minutes as amended. Unanimous 4. CORRESPONDENCE & ANNOUNCEMENTS There were none. <1> 5. The HILARITA RESIDENTS ASSOCIATION (HRA) REPORT Meets e\-ety third Monday of the month at 7:30 PM in the Esther Vllhitman Community Center Angela Lorenz reported that: 1. Meeting: the HRA will hold its next meeting on June 24,2008. 2. House Rules: on behalf of and according to the 'majority of residents', the seemingly endless flyers left at their homes by a small group of dissenters on this subject has become a nuisance. Dorothy Larson requested that when the term "majority of residents" is used that it be substantiated by facts on how the 'majority' was reached, i.e. is the data compiled from a survey, from meetings, from face to face encounters? [Note: from JSC correspondence - HRA distributed a petition on this subject which on May 27 had sixty (60) signatures from residents] · At the suggestion of two resident/Board members, Ms. Tilton will look into the existing method of the scheduling of 'work orders' submitted by residents and from now on, she will see that a copy of the work order gets to the resident. · A resident/Board member said that her calls are not being answered by the On-Site Manager. Ms. 11lton said that she will discuss this with the office to ensure that this does not happen again. 6. SECRETARY'S REPORT Barbara Garcia-Romero: no report. 7. TREASURER'S REPORT Carl Weichel reported that the Board's Bank of Marin checking account balance is $4,472.61. The Board has reCeived a thank you letter from the Associate Pastor of WPC for the donation in memory of Marge Wiegandt who served this Board at its inception. 8. The JOHN STEWART COMPANY PROPERTY MANAGEMENT REPORT A - Linda Tilton, Director of Property Management, advised that: 1. ~: since Administrator Julius Wilson-Kermah left, she has been manning the office and has found the time to be rewarding in that she has become more familiar with the day-to-day activities of the residents and staff. The downside is that this has caused a delay in completing reports for the Board. 2. 2008-2009 Budget: JSC is looking at two weeks before the budget can be referred to the Finance Committee for its review and subsequent recommendation to the HTEA Board. 3. Financial Report: the May accounting report was not ready for this meeting but will be sent to all Directors shortly. 4. House Rules: the deadline for resident comments was extended to June 15, 2008. A small group of residents have been meeting to put forth their concerns over this document. We have offered to meet with this group and have replied to all of its e-mails in an effort to address each comment. Ms. Tilton referred the Board to the many e-mails she forwarded to each Director on this topic. In discussion, Ms. Tilton advised that she will not attend the group's June 11 th meeting. President Lester said that on behalf of the HTEA Board, he would attend the meeting called for by this group of residents. 5. MQB.: the response to the inspection report has been completed and sent on. 6. Administrator: there are two individuals being considered for the position of Administrator, but JSC is <2> not ready to make any recommendation to the HTEA Board. 9. Stairs: two bids have been received for a stairwell from the 2nd to 3rd levels, and we are awaiting a third. At this point, Sonoma -Marin Foundations' bid at $11,350.00 for the stairs and rails is reasonable. This company has worked on the property before such as the walkways. Following discussion on possible options, it was: M/S/P (M. Peters/R. Leonards) that the Board approve the Sonoma-Marin Foundations bid of $11,350.00 for the new stairs and rails on the second to third levels. Unanimous. 1 O. Maintenance Report: a correction regarding the smoke alarm inspection schedule was amended to show this is done semi-annually not bi-annually. B - Administrator - position open - no report. 9. ON-SITE COMMITTEE REPORT Meets fourth Thursday of the month at 6:00 PM or as needed. Committee: Barbara Brooks, Anne Brown, Richard Leonards, Carol Michelson No report. 10. BUILDINGS & GROUNDS COMMITTEE REPORT Meets the last Friday of the month at 7:30 AM or as needed. Committee: Charles Quick-c, Mary Ann Alvarado" Michael Peters Charles Quick (absent) - no report. 11. COMMUNITY TRAINING & SERVICES COMMITTEE REPORT - CLC Meets the first Friday of the month at 6:00 PM or as needed. Committee: Barbara Garcia-Romero-c, Angela Lorenz Barbara Garcia-Romero, CLC, reported that: 1. Tutoring Program: the Computer Learning Center (CLC) has completed its 32nd week of tutoring for this term. The program continues to be very successful with everyone happy with the tutors. There is a search on for someone to man the Saturday schedule, and it may be that hiring a person becomes necessary. 2. Grant: the CLC will be receiving the remaining grant award funds from Tamalpais Pacific to cover the 2008-2009 tutoring program. Funding for the 2009-2010 program will be needed and the Committee with the help of Carl Weichel will be researching the funding possibilities for submission of the CLC grant applications. 3. Event: 60 residents have signed up for the June 13 fourth annual Angel Island picnic. We have received food donations from two Safeway stores, Lucky's, Long's, Delano's, Costco, Whole Foods (also a case of hot dogs), and Boardwalk Market. We are negotiating with Angel Island Ferry for a reduced.per person fare. The Board recommended that the next Hilarita Newsletter's review of this event show the contributors and express The Hilarita's gratitude. 12. FINANCE COMMITTEE REPORT · This report is proprietary and not to be discussed outside of this meeting Meets as needed. Committee: Carl Weichel-c, Dorothy Larson, Dennis Leary, Michael Peters Carl Weichel advised that the Committee is in a stand-by mode until such time as the proposed Budget for 2008-2009 is received for review. The Committee should be able to have its recommendations ready for the HTEA Board's July meeting. 13. OLD BUSINESS <3> 1 . Continuing the Board Member Orientation; President Lester stressed - "'the role of the HTEA Board is to make policy". The key is the quality of Management. He said that it is difficult for some new Board members to realize that serving this Board does not provide a venue for a personal agenda. President Lester distributed a chart showing the configuration (think family tree) of the HTEA Board of Directors, explaining each segment and how each of these segments is intrinsically connected. Following discussion, President Lester asked that each Director keep the Orientation documents in their Board of Directors Manual and refer to them periodically...Iest we forget our mission. 3. Opening a Curtain: HRA believes that residents need to know more about the actions of the HTEA. In this regard, and without dissent from the HTEA Board, Ms Tilton (JSc) will work with HRA to furnish information that would be of interest to the residents for insertion in the Hilarita Newsletter. 14. NEW BUSINESS There was none. 15. EXECUTIVE SESSION · This session is confidential and not to be discussed outside of this meeting There was no call for an Executive Session. 16. DATE OF NEXT MEETING - JULY 14. 2008 The next Board of Directors meeting will be called to order at 7:30 PM on July 14, 2008 in the Community Training & Services Center of The Hilarita Apartments. COURTIESY CAl.l~ Please remember that a quorum is required to proceed on any 'action' item. If you will be unable to attend this meeting, please contact President Keith Lester (456-6659) or Recording Secretary L.A. Wurl (381-2556), and you may leave a message. Thank you. · Absences: Bylaws ARTICLE 6 Section 6.05, with Board discretion, permit no more than three (3) . consecutive or four (4) non-consecutive meetings to be missed without justification. 17. CALL FOR ADJOURNMENT Without objection, President Lester called for adjournment at 8:40 PM. 2008 Board of Directors Meeting Calendar: (second Monday of each month except May and August) · Annual Meeting/Elections -January 14, · February 11, · March 10, · April 14, · regular business meeting & annual walk around -Saturday May 17 @ 9:30 AM, · June 9, · July 14, · August - customarily no scheduled meeting, · September 8, · October 13, · November 10, and, · December 8. l.A. Wurl, Recording Secretary - 6108 minutes distribution · H- TEA Board of Directors · JSC approved minutes distribution: · Board of Directors · Sponsor Churches - Community, St. Stephen's, Westminster -FAR · Marin Housing Authority - Belvedere City Council - Tiburon Town Council - Loren Sanborn, JSC · lIRA files - HTEA Secretary files <4> MINUTES #9 TIBURON DESIGN REVEW BOARD MEETING OF JUNE 19, 2008 OIG~ ~8.,. .,- j~ The meeting was opened at 7 :00 p.m. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Vice-Chair Glassner, Boardmembers Chong and Corcoran Absent: None Ex-Officio: Planning Manager Watrous, Assistant Planner Phillips, Associate Planner Tyler, and Minutes Clerk Rusting B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous introduced minute-taker Cheryl Rusting. He reported that the item for 2 Rolling Hills Road was continued to the July 17, 2008 meeting. He stated that no items are scheduled for the July 3,2008 meeting and that meeting will be canceled. He said that at the July 16, 2008 Town Council meeting Boardmember Corcoran was appointed to fill a vacancy on the Planning Commission and Mike Tollini was appointed to fill a vacancy on the Design Review Board, and will attend the next meeting. D. CONSENT CALENDAR 1. 1 MAIN STREET CAFFE ACRI, SIGN PERMIT 2. 9 MAIN STREET SERVINO RISTORANTE, SIGN PERMIT On April 17, 2008 the Design Review Board reviewed proposals to place a free-standing ""A" frame sign on property located at 1 Main Street (Caffe Acri) and on property located at 9 Main Street (Servino Ristorante). The signs were proposed to be located in front of the outdoor seating area and adjacent to the front entrance of the cafe in the front patio outdoor seating area and adjacent to the front entrance of the restaurant. The Board discussed the number of similar signs popping up Downtown and other sign options, including small glass covered menu boxes, located adjacent to the restaurant entryway and a permanent sign mounted in the planter box in front of the entryway. The Board continued the item with the intent of having more discussion with the Town Council and Chamber of Commerce in determining whether or not to allow such signs in the downtown area. The applicant has not submitted revised drawings for a different sign design. TmURON D.R.B. MINUTES #9 6/19/08 Planning Manager Watrous said that the new sign ordinance has not yet been adopted, and therefore, any discussion of the following signs should reflect the sign ordinance policies as they are in effect today. KathrYn Servino, applicant, said she is waiting for the new sign ordinance before she makes any changes, but said that she was glad to follow whatever the new guidelines requIre. Chair Doyle noted that one of the suggestions made at the last meeting was placing signs in planter areas out of the pedestrian walkway. Ms. Servino said that they discussed that, but said that the signs they have do not go intrude into the walkway and could be kept inside until the Town approves its new sign ordinance. Chair Doyle confirmed there was no public comment on either item and closed the public hearing. Boardmember Corcoran stated that he agreed with the statements in the staff report that the potable signs are inconsistent with the policies in the Downtown Design Handbook. He felt that the Board should hold off on a decision to approve or deny the signs at this time and should consider the signs again after the new sign ordinance is adopted. Boardmember Chong stated that he was uncomfortable approving this application before the new sign ordinance goes into effect. Chair Doyle said that this is a unique situation because the signs are within the property lines and his only issue was not setting a precedent with the decision. Boardmembers discussed either waiting until the sign ordinance is in effect and then discussing the applications or denYing the applications now. Planning Manager Watrous said the Board could also continue the applications until after such time the sign ordinance is adopted, but noted that the signs would still need to be reviewed using the sign ordinance in place at the time the applications were filed. He noted that if the new ordinance prohibits portable signs, other businesses that have not submitted applications to keep their signs will have to remove them. ACTION: It was MIS (Corcoran/Doyle) to continue the application for 1 Main Street to the September 4, 2008 meeting; unanimously approved. Vote: 4-0. ACTION: It was MIS (Corcoran/Doyle) to continue the application for 9 Main Street to the September 4, 2008 meeting; unanimously approved. Vote: 4-0. TffiURON D.R.B. MINUTES #9 6/19/08 2 E. OLD BUSINESS BEFORE THE BOARD 3. 70 PINE TERRACE GROVE/BUSH, FENCEIDRIVEWAY/APPEALS On June 5, 2008, the Design Review Board reviewed two appeals of the Planning Division's decision to conditionally approve a Site Plan and Architectural Review application to construct fencing on property located at 70 Pine Terrace. At that meeting, the owner of the property explained the reasons for the fencing and driveway improvements and objected to the requirement to provide for uninterrupted vehicular access to the residence at 80 Pine Terrace. The owner of the adjacent property at 80 Pine Terrace objected to the design of the fence and driveway, stating that the fence would be aesthetically undesirable and that the revised driveway design would create circulation and privacy problems. The Design Review Board considered the testimony presented at the meeting and expressed hope for a compromise solution that would address the applicant's needs and lessen any potential impacts on the neighboring property owner. The Board considered alternative designs for the proposed fence and gave direction to the applicant to prepare a revised plan modifying the fence alignment. The hearing was continued to the June 19,2008 meeting for consideration of the revised fence design.. Taylor Grove, applicant/appellant, said he had revised his plan to replace the as fence with a hedge that would extend 5 feet onto the Grove property. He said that the driveway would be 10 feet from the access easement which would be more than enough to provide vehicular access to 80 Pine Terrace. He said that his neighbor's current route across Mr. Grove's yard would be virtually unchanged and the comer of the hedge has been rounded and moved further onto Mr. Grove's property to give his neighbor enough space to park next to 80 Pine Terrace. Mr. Grove stated that he had to give up one of his parking spaces and part of his front yard to achieve this and the hedge would extend slightly onto the neighbor's property so he can access this area. He said that the hedge would have no effect on his neighbor since they have had a fence between the two houses. Mr. Grove said he has already compromised twice and had the hedge moved 10 feet onto his property, which gives his neighbor access to 10 feet of Mr. Grove's property outside of the easement. He said that his plan would replace asphalt with trees and landscaping and provide much needed privacy. Jim Bush, appellant, said that he did not realize the design had changed to a hedge and did not know the hedge would be partially on his property until arriving tonight. He said that he was opposed to this because it would limit the use of his property and create a continued maintenance issue. Mr. Bush said there was a possibility of agreement if certain terms are met, and he distributed copies of a list of terms to Boardmembers. Chair Doyle stated many of the items on the list were not under the purview of the Design Review Board. He said that the Board can only decide if it is appropriate to have a fence or hedge in the location but can say nothing about many of Mr. Bush's requests since the Board is not a court of law. Mr. Bush acknowledged Chair Doyle's comments, but said that he brought the list to the Board more as a way of making it a public request to Mr. Grove. TffiURON n.R.B. MINUTES #9 6/19/08 3 Boardmember Corcoran asked if it would be more appropriate to discuss each item or continue the matter for another 2 weeks and let both parties work on items in the list. Planning Manager Watrous encouraged the Board to make a decision on its own rather than relying on an agreement between the two parties. He said the Board can decide between a fence or a hedge, its location and whether lighting on the fence is appropriate. Mr. Grove noted that the original plan included a fence and he changed this to a hedge because his neighbor indicated they did not want a fence. He said that the original plan for the fence included lighting. Mr. Bush said he does not want the hedge or fence extending past the property line into his yard. Chair Doyle pointed out that Mr. Grove was giving up a lot of his property for Mr. Bush to use for parking, but Mr. Bush was not giving anything in return to Mr. Grove. Mr. Bush said he felt this was a very unfair argument and he has lived with this current driveway situation for 20 years. Mr. Bush said he changed his mind about not wanting a fence because the original location of the fence cut across his property. He said he was trying to work out a situation where Mr. Grove's house can be improved and privacy maintained between both neighbors. Boardmember Corcoran said it sounded like a compromise is possible and asked Mr. Bush ifhe was amenable to a fence as long as it was not constructed on his property. Mr. Bush said he was, given the addition of lighting, pavement, and other items he previously requested. Chair Doyle confirmed there was no public comment and closed the public hearing. Boardmember Corcoran stated that a compromise apparently had been reached to construct a fence along the line of the hedge that would not cross over onto Mr. Bush's property and would include lighting. Boardmember Chong believed that Mr. Grove ~ s proposal was very fair and would provide an area between the fence and the driveway. He said that he was happy to see a sense of compromise. Vice-Chair Glassner agreed and said the compromise was a much better solution and less expensive than litigation. Chair Doyle said that this subdivision made sense at the time, but after 20 years of living somewhere it is often difficult to accept change. He felt the situation was difficult and that it was too bad that the neighbors have to get embroiled in this kind of dispute, but he felt that the compromises would work. TffiURON D.R.B. MINUTES #9 6/19/08 4 ACTION: It was MIS (Corcoran/Chong) to adopt the resolution denying the appeal of the owner of70 Pine Terrace. Vote: 4-0. ACTION: It was MIS (Corcoran/Chong) to adopt the resolution partially granting the appeal of the owner of 80 Pine Terrace, with the additional condition of approval requiring that the location and design of the fence shall be as shown on the plans dated June 10, 2008, with the modification that the barrier be a fence instead of a hedge, and that the fence not be constructed on the property of owner of 80 Pine Terrace. Vote: 4-0. F. NEW BUSINESS BEFORE THE BOARD 4. 21 MARA VISTA COURT VOSTI, ADDITIONS 21 MARAVISTACOURT JEANETTE VOSTI EXISTING PROPOSED REQUIRED LOT SIZE 8,120 S.F. NA NA FLOOR AREA 1,710 2,344 2,812 MAX LOT COVERAGE 21.0% 21.0% 30.0% MAX BUILDING HEIGHT 11 ' 8" 20' 3" 30' MAX SIDE YARDS 10' & 8' 10' & 8' 8' FRONT YARD 25' 25' 15' REAR YARD 42' 42' 25' V ARIANCES/EXCEPTION NONE An application has been requested for the construction of an addition and alterations to an existing single-family home located at 21 Maravista Court. The addition would be located on the second story and include a small covered deck and one skylight. The lot coverage on the site would not increase from the proposed addition. However, the floor area on the site would increase by 634 square feet to a total of 2,344 square feet, which is 468 square feet less than the maximum allowed floor area of 2,812 square feet. John Bryant, representing Jeanette Vosti, applicant, stated that the neighbors believe they have the right to complete privacy and no windows on their side of the applicant's house, but he felt that the Town tries to balance views and privacy. He said that the project is a small addition that does not exceed any of the Town's limitations with a view predominantly to the south toward the Golden Gate Bridge, and is as far away as possible from the neighbor's house. He said that the deck was proposed because it would provide light and views of the bridge from the bedroom and architecturally frame the entrance of the home. He said that if the deck was place on the other side of the house as the neighbors want, it would block light to the downstairs bedroom, not be protected from the elements, adversely affect the layout of the master bedroom, eliminate privacy from the street, and not provide views of the bridge. He emphasized that the deck would only be 5 feet deep off a bedroom, and that the patio and deck would not be used at the same time. He felt that any of the neighbor's concerns could be adequately resolved with a screening hedge. TffiURON D.R.B. MINUTES #9 6/19/08 5 John Belz, architect, said that the houses in the neighborhood are quite small and Ms. V osti wants to have a bedroom and bathroom upstairs. He said that the easiest way to do this is on the proposed side of the house, which would also provide views of the Golden Gate Bridge and the bay. He said that he designed the addition on a tight budget emphasizing simplicity of construction, and he thought that the 60 foot setback from the property line was sufficient. He said that the neighbors' front patio is almost 5 feet above Ms. V osti' s house and that the neighbor's house has no windows on that side. He said that Ms. V osti offered to plant some suitable shrubbery which would totally block that portion of their patio. He distributed a picture looking toward the south with a fence and one existing shrub. The public hearing w~s opened. Randall Doctor said one of the primary reasons he bought his house was for the view and complete privacy. He said that they use the patio every day, and although he respects Ms. Vosti's right to build he objects to the placement of the roof deck because it would reduce the privacy of their patio. He said that the roof deck would look directly toward his house and the house behind them and he requested the deck be turned from facing them to facing the street. He stated that the Town's policies require an applicant to minimize the privacy impact on the neighbors. He said that he has hired Hank Bruce, architect, to review the plans, and Mr. Bruce has informed him that Ms. Vosti can achieve all of her goals by altering the roof deck to facing the street. He said that Mr. Belz and Mr. Bruce met at Mr. Doctor's house to try to come to an agreement, but the only solution offered by Mr. Be1z was for extra foliage. Hank Bruce stated that the proposed deck would have an extremely strong psychological impact on Mr. Doctor's use of his yard. He said that Ms. Vosti has no view in that direction, and the suggestion to switch the deck location seems to be an obvious alternative. Mr. Bruce also said he is pleased that the Doctors are not trying to stop the entire project but are simply asking to locate the deck on the other wall, which would provide the same views without the privacy and psychological impacts the present location would cause. Parker Jones, representing his mother, Karen Jones, said his mother recently moved to a home across Maravista Court from Ms. V osti. He distributed a photograph to the Board and then read a letter from his mother which indicated her strong opposition to the addition. He said that the addition would look directly into her back yard, affect her privacy and have a massive appearance. He said that Ms. Vosti's home is about 20 feet higher in elevation than Ms. Jones' house, and the window and deck of the addition would look directly down into Ms. Jones' backyard and deck. In response to a question from Boardmember Chong, Mr. Jones said that would like to see Ms. Vosti's home remain single story, but he would be willing to look at anything proposed. Mr. Jones stated the deck in the front of the addition was the biggest problem, as well as the window looking directly on Ms. Jones' yard. TffiURON D.R.B. MINUTES #9 6/19/08 6 Jeanette Vosti, owner, acknowledged the concerns of her neighbors. She said that in 1991 the Town approved a second story addition for a neighboring house that would have looked right into her bedroom. She said that she could not currently see into the Doctors' back yard. Mr. Bryant, said that given the concerns of the neighbors, the best solution would be a hedge or a fence, or the combination of both, and he believed this was a good compromIse. Chair Doyle suggested the deck be moved to the front of the bedroom given the views location in the front. Mr. Belz responded that it would be more expensive to build the deck in the front. He said that the second story would look more massive and change the geometry of the master bedroom. Although he acknowledged that the view from the bedroom would be improved, he said that the deck allowed for cross-ventilation. The public hearing was closed. Vice-Chair Glassner thought it was reasonable to set the deck back, noting that there are three neighbors with various concerns. He suggested that a compromise is in order and that he would like to see the matter continued. Boardmember Corcoran said that some sort of fence or landscaping could be built between the two lots that would benefit both properties, but he noted that landscaping is temporary while buildings are permanent. He felt that switching the deck to the front could be beneficial, resulting in a better view and a wider deck. He also believed the deck should be inset and not place on stilts out front. He also said the distance from the house to Ms. Jones' home was fairly large, and he believed that Ms. Vosti has a right to build a second story. He said that the application should be continued to allow the applicant to pursue creative solutions. Boardmember Chong said that he was not convinced that moving the deck to the front would gain that much, as other privacy solutions are needed and this would create a narrower living area in the bedroom. He suggested the possibility of a taller, less standard fence on the side property line to help with the privacy impacts. Chair Doyle said it is important to consider the location of the primary views of the people involved. He felt that the design would create one solid wall in front and the deck feels intrusive to the next door neighbor. He said that he would like to see the applicant pursue other options and talk with the neighbors. ACTION: It was M/S (Glassner/Doyle) to continue the application to the July 17,2008 meeting. Vote: 4-0. TffiURON n.R.B. MINUTES #9 6/19/08 7 5. 19 PLACE MOULIN VALENTINO, MINOR ALTERATIONS An application has been requested for Design Review approval to retroactively approve the construction of exterior modifications to a previously approved single-family dwelling, located at 19 Place Moulin. The application requests approval of a number of changes to walls, fences and gates on the site, elimination of the chimney caps and stone trim and other minor design changes. Kimberly Airey, representing the new owner of the property, said the owner would like to retract the removal of chimney enclosures from the previously reviewed application. She said that the new owner supports quite a few things to beautify the property. Planning Manager Watrous said the originally approved plans had some decorative trim on the comers of the building, and that was requested to be removed, as well. Ms. Airey said many of those changes happened due to lack of financing by the previous owner. Chair Doyle confirmed that there was no public comment and closed the public hearing. Boardmember Corcoran said the project was interesting and he could support the application with the modifications just discussed. He thanked the architect for the new wall along the ridge trail around the property. Vice-Chair Glassner said it helps to beautify property and the neighbors seem to support it. ACTION: It was MIS (Glassner/Doyle) that the project is exempt from the California Environmental Quality Act, and approving the project with the attached conditions of approval. Vote: 4-0. 6. 42-54 RED HILL CIRCLE MONTEROSSA AT TIBURON CONDOMINIUM ASSOCIATION, CARPORT CONVERSIONS An application has been requested Design Review approval to install garage doors on existing two-car carports attached to seven (7) condominium units, located at 42-54 Red Hill Circle, of a multifamily dwelling complex (Monterossa at Tiburon). The proposed modification would not increase the floor area or the lot coverage for the subject property. Don Schehrer, applicant, gave a history of the previous applications, noting that the 2004 request was for one carport and this application has 7 homeowners together with the homeowners association supporting their application. He said that he spoke with the Police Department about the application and someone there recommended that the garages be enclosed, citing statistics showing an increase in theft and other crimes in Tiburon. TffiURON D.R.B. MINUTES #9 6/19/08 8 Vice-Chair Glassner asked fthe statistics were the Red Hill Circle property specifically. Mr. Schehrer indicated that the statistics were for the entire town, but he referenced the theft of his $3,900 bicycle on one occasion and an extension ladder on another. He said that since there are no doors on the garages, instances where someone entered the carport were considered trespassing issues only and the person could not be arrested. He said that none of the applicants would ever have a carport again had they known how inconvenient it is to have such exposure to wind, rain, theft, and dirt. He said that while he believed that the Planning Commission in 1985 had the best of intentions in requiring carports for these homes, the applicants believe it is time for change. The public hearing was opened. Debra Luby, President of the Monterossa at Tiburon Condominium Association, described an occasion when an intruder waited attacked her husband in her carport and as he went out to walk the dog in the evening, but the police said it was a misdemeanor because there was no door on the garage. She said that the reason for the carports was originally for pedestrians to have a view, but the apartments across the street can see the view even with garage doors and the only people affected would be those on foot. She noted that there are expansive views on either side of the buildings. In response to a question from Chair Doyle, Ms. Luby said that she was amenable to having windows on the rear and sides of the garages. Boardmember Corcoran expressed concern over the intruder incident but said that one of the reasons for having a Design Review Board is to make difficult decisions that are consistent over time. He asked Ms. Luby to explain why she believed the decision to enclose the carports should be different from the other three times the issue had come before the Board. Ms. Lubey said she felt that things are different now and safety has changed over time. She said that views for pedestrians have been preserved in other ways, and that giving a person a view every step of the way on a walk is not as important as a person's privacy and safety in their own home. Paul Tandler said he moved to his home in this complex because the unit has a two-car garage and he can close the garage door before even leaving the car. He said that 21 of the 28 homes in this project have garages. He said that there is plenty of space between units 40 and 42 and between unit 54 and the apartments that face the east for pedestrian views. He said that the carports would look better with doors and cited safety and security improvements as being a valid issue. Boardmember Chong confirmed with Mr. Tandler that the open space between the buildings was not buildable land. The public hearing was closed. TIBURON n.R.B. MINUTES #9 6/19/08 9 Chair Doyle said he often visits the area and has never understood why the carports were built originally, since it allows people to look through residents ~ carports to look at a view. He said that if the Town was so concerned with the views these units should not have been built this way in the first place. He noted that there is open space on either side where pedestrians enjoy the views. He suggested choosing a door style that has glass panels, so that residents still have privacy but pedestrians could still look through to the view. He also said the idea of having a side window would also help. Vice-Chair Glassner said that this is a very beautiful space and he did not understand why there were no doors on the carports. He believed it made sense to put doors on the carports and possibly use frosted glass so people cannot look inside. Boardmember Chong pointed out that the Board needs to be careful not to create a situation where applicants get what they want by simply asking enough times. However, he said that Red Hill Circle has some of the most beautiful views. He understood the original intent of the carports and noted that some trees now block views between the homes. He said that he has observed people going into the carports to enjoy the views and felt that the advantages gained by enclosing the carports outweighed what would be lost. Boardmember Corcoran said that he lives in a condo with carports and does not understand why they designed them. He said that ifhis complex had come before the Design Review Board three times before asking for permission and permission had been denied, he would not have come a fourth time. He said it was a really tough decision to make because it is important that for Board to be consistent and this could open the door for others in Town to request the same. He said that when the Town approved this project, the carports were a condition of that approval and this would change the terms of that bargain. He understood that the applicants feel violated, but he noted that people can be attacked when parking on the street. He said that there was no compelling reason to change the previous decisions, but he sympathized with the desire to enclose the carports. Chair Doyle described the history of Red Hill Circle in the incorporation of the Town and said that he liked the idea of two rows of frosted glass on the bottom of the garage doors and a row of clear windows on top, and a window on the side. Boardmember Corcoran said one of the things that this Town bemoans is the "walling off' effect caused by garage doors. He said that he was not completely opposed to the project, noting that this is a unique piece of property and that enclosing these particular carports would not result in a severe impact. Vice-Chair Glassner agreed that this should not be construed as a precedent-setting decision regarding carport conversions, noting that every single application, including those for carports, is reviewed on a case-by-case basis. TffiURON n.R.B. MINUTES #9 6/19/08 10 ACTION: It was MIS (Chong/Glassner) that the project is exempt from the California Environmental Quality Act and approving the project with the attached conditions of approval, with the additional condition of approval requiring windows in the sides of the carports and two rows of glass on the garage doors, and the recommendation that the trees behind 50 and 52 Red Hill Circle be windowed. Vote: 3-0-1 (Corcoran abstained). 7. 2 ROLLING HILLS ROAD GARVEY, ADDITIONS - CONTINUED TO 7/17/08 8. DISCUSSION OF DRAFT SIGN ORDINANCE Planning Manager Watrous explained that the Town is preparing a new sign ordinance. He stated that because sign law has gotten more complicated over the years, the new ordinance is more detailed. He stated that the current draft ordinance would not change most of the existing standards but it would prohibit portable A-frame signs, all internally illuminated signs, electronic signs, and signs using fluorescent materials. He said that the Town is currently soliciting comments and is asking the Board to review and comment on the sign ordinance, and will forward the Board's comments to the Town Council for use in its deliberations. Boardmember Corcoran asked if realtors advertising open houses would be in violation of this ordinance. Planning Manager Watrous responded that all portable signs would be prohibited, but other real estate signs planted into the ground would not be in violation. He noted that the Council is expected to wrestle with this issue, but all sign ordinances must be content neutral. He noted that one possible approach would be to not allow portable signs in downtown or other locations but to allow them elsewhere. Vice-Chair Glassner characterized the new sign ordinance as a quantum leap forward and said that his preference would be to eliminate portable signs altogether. He said that it is important to begin to deal with the look of the town and felt that portable signs simply involved businesses jockeying for position. He felt that portable signs look tacky and that it was time uphold a higher standard and establish a look for signage in the town. Boardmember Corcoran said he likes to see portable real estate signs because they point to where there are homes for sale. He suggested the Town explore the option of banning portable signs in certain locations and intersections, such as the intersections of Tres~le Glen Boulevard, Lyford Drive and Beach Road with Tiburon Boulevard. He noted that the City of Ross only allows smaller real estate signs and he expressed his opposition to prohibiting all portable signs. Boardmember Corcoran asked whether the definition of a roof sign included holiday decorations. Planning Manager Watrous said that holiday decorations would not generally be considered signage if there is no commercial message. TmURON n.R.B. MINUTES #9 6/19/08 11 Boardmember Corcoran said that if a menu box would not count as signage, this could lead to every restaurant in town putting out a menu box. Boardmembers discussed this and generally indicated support for this requirement. Boardmember Chong asked about signs that are grandfathered in. Planning Manager Watrous said that a sign would only be grandfathered in if it was legally approved at the time. For example, if a business puts out a portable sign without a permit now and the ordinance goes into effect, that sign is not grandfathered in. Chair Doyle stated that he supported prohibiting portable signs, but encouraged the possibility of substituting smaller, more creative, better looking signs. G. APPROVAL OF MINUTES #8 OF THE 6/5/08 DESIGN REVIEW BOARD MEETING Boardmember Corcoran requested the following amendments: . Page 4, 6th paragraph; "Boardmember Corcoran discussed the Design Review Board's role which does not involve serving as a court of law in order to resolve civil matters. TyT/aS not one of disputes or ciyil matters." . Page 4, next paragraph; "Boardmember Corcoran said that the fence might delineate boundaries for both neighbors. ACTION: It was M/S (Corcoran/Chong) to approve the minutes of the June 5, 2008 meeting, as amended. Vote: 4-0. H. ADJOURNMENT The meeting was adjourned at 10:00 p.m. TffiURON D.R.B. MINUTES #9 6/19/08 12 0- ACTION MINUTES #10 ()IG~ ~8.,. TIBURON DESIGN REVIEW BOARD THURSDAY, AUGUST 7, 2008 1505 TmURON BOULEVARD A. ROLL CALL: Present - Chair Doyle, Boardmembers Chong, Glassner and Tollini Absent - None Ex-Officio - Planning Manager Watrous, Associate Planner Tyler, Assistant Planner Phillips and Minutes Clerk Rusting B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. ELECTION OF CHAIR AND VICE-CHAIR: DOYLE RE-ELECTED CHAIR AND GLASSNER RE-ELECTED VICE-CHAIR E. OLD BUSINESS BEFORE THE BOARD 1. 21 Maravista Drive V osti Additions APPROVED F. NEW BUSINESS BEFORE THE BOARD 2 .3. 4. 5. 85 Seafirth Road Holscher 2 Rolling Hills Road Garvey 110 Rolling Hills Road Littman 1865 Mountain View Drive GrantlPearce AdditionsN ariance APPROVED Additions APPROVED New Dwelling CONTINUED TO 9/4/08 New Dwelling/Variance/Floor Area Exception CONTINUED TO 10/2/08 G. MINUTES OF THE 6/19/08 D.R.B. MEETING - APPROVED AS WRITTEN H. ADJOURNMENT - 9:10 P.M. '~ I TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Planning Commission August 13, 2008 - 7:30 PM AGENDA blQ 'I:~J'" TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL Chairman O'Donnell, Vice Chairman Kunzweiler, Commissioner Corcoran, Commissioner Fraser, Commissioner Frymier ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report PUBLIC HEARING 1. 20-22 MAIN STREET: CONDITIONAL USE PERMIT FOR DEMOLITION OF AN EXISTING TWO-STORY COMMERCIAL BUILDING (THE "HARBOR LIGHT") BUILDING, CONSTRUCTION OF A NEW TWO-STORY, 2,950 SQUARE FOOT COMMERCIAL BUILDING, AND CONSIDERATION OF CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE PROJECT; FILE #10705; Zelinsky Properties, Owner; Hank Bruce Architects, Applicant; Assessor Parcel No. 059-102-22 [LT] 2. 11 SHEPHERD WAY (THE LITTLE SCHOOL): CONDITIONAL USE PERMIT AND NEGATIVE DECLARATION TO EXPAND AN EXISTING DA YCARE CENTER; FILE #10806; Shepherd of The Hills Lutheran Church, Owner; The Little School, Applicant; Assessor's Parcel No. 034-291-31 (Continued From July 9, 2008) [DW] Tiburon Planning Commission August 13,2008 Page 1 DISCUSSION ITEMS 3. GREEN BUILDING PROGRAM---REFERRAL FROM TOWN COUNCIL REGARDING POSSIBLE AMENDMENTS TO THE DRAFT GREEN BUILDING ORDINANCE NOT REVIOUSL Y CONSIDERED BY THE PLANNING COMMISSION; FILE MCA 2008-02 [SA] MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of July 23, 2008 ADJOURNMENT a081308 Future Agenda Items (Dates are Tentative) Kol Shofar Conditional Use Permit Review (August 27) 80-E Main Street Conditional Use Permit for Segway Sales (September 10) 81 Paseo Mirasol- Precise Plan Amendment (September 10) Tiburon Planning Commission August 13, 2008 Page 2 DIGEST ~..\,. LEAGUE \. ~ ".' OF CALIFORNIA ..,~_ C I TIE S AT THE 2008 BRIEFINGS RECEIVED AUG - 5 2008 LEG I S LA TIV~:~i~7~R~:lcE LEARNING SPEED OF CHANGE rthern {,oc3fiOIl::;> Wednesday, November 19 No Hilton Garden Inn, Emeryville or ern LoCation ~ Thursday, November 20 South The Fairmont, Newport Beach You Will Want To Attend If You Are A... ~ Elected Official ~ City Manager ~ Department Head ~ Administrative Assistant ~ Intergovernmental Relations Officer ~ City Attorney This is the best program to learn how your city will be affected by the new legislation and how you need to adapt to the new laws. Don't miss this timely briefing! Be sure to register early because space is limited. Only advance registration is available for this workshop. Registration Deadline Friday, October 31, 2008 or until location fills "'-'~ ~~ I Q'F;Nlti Ii At> f NF'O~l\1A.1) 10 N Registration - $140.00 per person Registrations received before Friday, October 31, 2008, will receive program materials, the bound summary of 2008 legislation and lunch. Register online at www.cacities.or!!/events. For payment by check or money order, please print the registration form from our Website. Full payment must accompany registration form when mailed. REGISTER EARL YI Seating is limited and the event may iIlI prior to the deadline. If you have questions, please contact the League Conference Registration Office at (916) 658-8291. Cancellation Policy Advance registrants unable to attend this meeting will receive a refund of the registration fee, less a $50 processing charge, by submitting a written request to the League of California Cities, Conference Registration Office, 1400 K Street, Suite 400, Sacramento, CA 95814, fax (916) 658-8220. Cancellation requests, in writing, must be received by Friday, November 7, 2008, to receive a refund. Special Accommodations If you require special accommodations related to facility access, communication and! or diet, please contact our Conference Registrar at (916) 658-8291. Airlines Check the League Web page www.cacities.org/travel, for the Enhanced Local Government Airfare Program. Meetin2 Locations North: Hilton Garden Inn 1800 Powell Street Emeryville, CA 94608 South: The Fairmont 4500 MacArthur Blvd. Newport Beach, CA 92660 Directions Hilton Garden Inn, Emeryville: · From North: 80W to San Francisco. Exit Powell 81. At bottom of ramp turn left onto Frontage Rd. Hotel is on the right side. i · From South: 880N to Oakland. Take 980E, then I 580W, exit Powell S1. At bottom of ramp turn I left onto Frontage Rd. Hotel is on right side. · From East: 24W, then 580W. Exit Powell 81. At bottom of ramp turn left onto Frontage Rd. Hotel is on right side. · From West: 80E, cross Bay Bridge. Take 580\V to 80E, exit at Powell St. At bottom of ramp turn left (Powell St). Hotel will be straight ahead. The Fairmont, Newport Beach From John Wayne / Orange County Airport: · Turn right on MacArthur Blvd. · Pass through ~he light at Birch Street and make an immediate left turn into The Fainnont Newport Beach driveway. · Hotel is located on MacArthur Blvd. between Birch Street and Yon Karman Avenue. From Points North or South: · From 1-405 exit MacArthur Blvd. · Turn left onto MacArthur. Pass through the light at Birch Street and make an immediate left turn into The Fairmont Newport Beach driveway. · Hotel is located on MacArthur Blvd. between Birch Street and Yon Karman Avenue. From Points East: · Follow the 91 Freeway West to the 55 Freeway South to the 405 Freeway South. · Exit MacArthur Blvd. · Turn left onto MacArthur. Pass through the light at Birch Street and make an immediate left turn into The Fairmont Newport Beach driveway. · Hotel is located on MacArthur Blvd. between Birch Street and Yon Karman Avenue. 2008 LEGISLATIVE BRIEFINGS PROGRAM Wednesday, November 19 Hilton Garden Inn, Emelyville OR Thursday, November 20 The Fairmont, Newport Beach (Same program in both locations) 8:30 a.m. Registration Open 9:30 a.m. - Noon General Session Noon - 1 :00 p.m. General Luncheon 1:00 - 2:00 p.m. General Session 2:00 p.m. Adjourn . Tentative Session Topics Will Include: · Surviving the 2008 State Budget Crisis . Initiatives on the November Ballot · Continued Implementation of the 2006 State Infrastructure Bond package · Climate Change: ARB Regulations and Scoping Plan, Green Buildings, and CEQA Guidelines · Solid Waste Legislation: Going Beyond 50% · Growth Legislation in a Slow Economy: legislation affecting regional planning and blueprints, redevelopment, housing and land use · Employee relations and workers compensation · Correctior..s reform and prison overcrowding: local implications · Other legislation of interest to city officials Session times, titles, and topics are subject to change. AB 939 LOCAL TASK FORCE D 1- ~GI:8'" REceIVED AUG - 7 2008 TOWN MANAGERS OFFICE TOWN OF TIBURON MARIN COUNTY HAZARDOUS & SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY Wednesday, August 13, 2008 Suite 200-A Conference Room 65 Mitchell Blvd., San Rafael 9:00 -10:30 AM AGENDA Call to Order. 1) Open Time for Public Comment. 2) Approval of the July 2, 2008 JPA Local Task Force Minutes (Action - 10 Minutes). 3) Food Scrap Management Position Paper (Action - 45 Minutes). 4) Redwood Landfill Food Scrap Composting Proposal (Informational - 10 Minutes). 5) Subcommittee Reports (Information - 25 Minutes). a) Mitigation Fee. b) Construction and Demolition Material. c) Solid Waste Rates. 6) Adjourn. The full agenda including staff reports can be viewed at www.marinrecycles.org/mins_agendas.cfm AS pacFIWastelJPAIL TFIAGENDAI08-08-13 doc [5] rj ,. ,. ..... .... ..... - ~ u All public meetings and events sponsored or conducted by the County of Marin are held in accessible sites. Requests for accommodations may be made by calling (415) 473-4381 (voice/TTY) or 711 for the California Relay Service or e-mailingdisabilitvaccess@co.marin.ca.us at least four work days in advance of the event. Copies of documents are available in alternative formats, upon written request. Contact the County's Waste Management Division, at 499-6647 for more information