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HomeMy WebLinkAboutTC Digest 2008-09-05 ~ TOWN COUNCIL WEEKLY DIGEST Week of August 25 - September 5, 2008 Tiburon 1. Letter - Nicholas Nguyen - Resurfacing of Tib Blvd - 101 - Mar West 2. Report - Police Station Compliance with Standards for Juvenile Detention Agendas & Minutes 3. Agenda - Design Review Board - September 4, 2008 4. Minutes - Bel/Tib Library Agency - July 21, 2008 5. Minutes - Planning Commission - August 13, 2008 6. Minutes - Design Review Board - August 21, 2008 7. Action Minutes - Planning Commission - August 27, 2008 8. Action Minutes - Design Review Board - September 4, 2008 Regional a) LGC Conference Announcement - Partners for Smart Growth - 1/22-24/09 * b) Invitation - Cancer Institute - Installation of Newest Treatment Equip.* c) ABAG - Fall General Assembly - Bay,Delta,Water & Land Use * d) Letter - Exclusive Care - Low-Cost Prevent. Health Ins. For Pub. Agencies * e) Report - Aspen Institute Initiative on Financial Security * f) Letter - City of Anaheim - Plan for Funding Retiree Medical Benefits * g) Comcast California - July 2008 h) Conference Announcement - 2008 Town Gown Conference - 10/16-17/08 * i) Western City - September 2008 * j) Marin Conservation League News - September/October 2008 * k) Invitation - Marin Conservation League Business Breakfast - 9/30/08 * Agendas & Minutes I) Agenda - Marin County Open Space District - 9/9/08 * Council Only "Jown ofTiburon . 1')0') Tiburon Boulevard. Tiburon. CA 94920. P. 41 ').43'1.:373 F. 41 ,).43,).243~ . W\WI.ci.tiburon.ca.us Office of the Director of Pub IiI.: Works I Town Engineer / 4] 5.4357388 August26,2008 Mr. Ronny Chua Senior Engineer Department of Transportation - Caltrans 111 Grand Ave Oakland, CA 94623 RE: 04-Mrn-131 AC Overlay (EA:1E5601) Dear Mr. Chua: Thank you for Caltrans' letter informing the Town of your proposal to resurface SR 131 - Tiburon Blvd from Highway 101 to Mar West Street in May 2009. From your submittal, we understand the bulk of the work will be performed in the evenings; generally from 8 PM to 6 AM the following day on the weekdays and weekend nights as well. The Town has the following concerns that hopefully you can address as part of mitigations for this project: .' · Estimated working days seem unusually long. . Provide the Town with the actual construction dates and duration when it's available. · Please shut down the work operations a bit sooner than 9 or 10 AM on the weekends; say 8 AM since recreational elements start to appear early on the weekends. · Provide 2-month, then 1-month, then 1-week notification using your message boards. · Review all activities in which the audio volume can be reduced and reduce if at all possible. Thank you for the opportunity to comment. If there is any1hing we can address, please don't hesitate to contact me. Please keep us posted. Sincerely, -===---~ \ t1i' ~.~ ..... .. \-" ~ Nicholas 1. Nguyen, P.E. Director of Public Works I Town Engineer Cc: .' P. Curran S. Anderson M. Cronin I. Jeff Slavitz Mayor Alice Fredericks Vi~e Mayor Miles Berger Councilmember ... .0.. .0.... Dick Collins Counci1mcmber Tom Gram CounciImember Margaret A. Curran Town Manager ~ 1 Al F OF CALlfnr-lNlk - Df:;PARTMCNT m CORRI:CTIONS AN[, Rf;HAUILIT A'IIONARNDLU SCH\ly'Al'lnN~GGER. GDVEHN(J1i DIGEST ~. CORRECTIONS STANDARDS AUTHORITY 600 Bercut Drive S<ltralllel1\O Cf:. H!l811 91b~~5 !Jun \NWlt.' cdu csa (O,YO\ I~';}. J} \ :J August 25. 2008 RECEIVED AVG 2 7 2008 TOWN MANAGERS OFFICE TOWN OF TlBURON /~~;;~IlS, o~t~<)'~:" '..v...~ :- ' . .)~ ~ $ ,p._""-::..c i: g,~, i"'''!\?'''~i p "-'~', ., ,,;r~ ~,.../; .t".fl llf (A\\\~" Michael Cronin, Chief of Police Tiburon Police Department 1155 Tiburon Boulevard Tiburon, CA, 94920 Corrections Standards Authoritv Inspection-Welfare and Institutions Code Section 209 & Juvenile Justice and Delinquencv Prevention Act Dear Chief Cronin: On June 17, 2008, Corrections Standards Authority (CSA) staff conducted an inspection of the Tiburon Police Department's Lockup to determine compliance with minimum standards for juvenile detention. The CSA inspects police lockup facilities that hold minors in secure or non. secure custody for compliance with the Federal Juvenile Justice Delinquency Prevention Act (JJDPA), state statute, and Title 15, California Code of Regulations (CCR). The inspection included a review of the department's policy and procedures manual. juvenile detention logs, applicable records, an interview with staff, and a walk-through of the physical plant. Captain Dave Hutton assisted with the inspection. This report should be reviewed in conjunction with the required health and fire inspection reports in order to obtain a comprehensive overview of your facility's compliance. Phvsical Plant The Tiburon Police Department facility is located in the city hall complex. The station contains three holding rooms in the Booking Area for the secure custody of adults. The Booking Area is located next to the Watch Commander's Office on the ground floor off of the station's center hallway. !t is secured with electronic and standard locking mechanisms and is under video surveillance which is monitored in the Sergeants and Dispatcher's OtTice. The holding rooms contain a table and chairs that are secured to the floor. The doors and locks are jail grade metal. The door has a small window for interior observation. Juvenile arrestees are separated to other areas of the station to maintain sight and sound compliance. The majority of are held in the Report Writing Room under the constant supervision of officers. CSA Inspection - June 17, 2008 The 21106.2008 Juvenile Logs were found to be complete, legible and in full accordance with the required regulations concerning juvenile detentions. I am pleased to inform you the inspection Michael Cronin. Chief of Police CSA Inspection Page 2 of2 revealed that the Tiburon Police Department is in compliance with the Federal regulations related to the temporary detention of minors in law enforcement facilities. The patrol and administrative stafT who support this responsibility should be commended. There was one non-compliance issue with State regulations and California State statutes. Areas of Non-Compliance: Tile 15. CCR, Section 1047. Death of a minor in an Adult Detention Facilitv. This regulation requires in part, that the Department provide the CSA with a copy of the death report that was submitted to the Attorney General under Government Code, Section 12525 within 10 days of death. It also requires policies and procedures to ensure a medical and operational review of an in-custody death. The review team includes the Chief. supervision staff, and the health authority. which in your instance would be your local health officer. Compliance Plan: Please provide a copy of your policy and procedure within 60 days of receiving this letter. I wish to express my appreciation to Captain Hutton for his assistance and cooperation during the inspection process. If you have any questions regarding this report or if you should need any assistance, please do not hesitate to contact me at the number listed below. Sincerely, \ r- . , ClJ-J~ Rebecca Cr 'g, Field Representative Facilities Standards and Operations Phone: (916) 324-2600; e-mail:Rebecca.Craig@cdcr.ca.gov Enclosure cc: City Manager. City of Tiburon* C113ir, City Council. City of Tiburon * Presiding Judge. Superior Court, County ofMarin* Grand Jury Foreman. Superior Court, County of Marin * DESIGN REVIEW BOARD AGENDA ~. DIG~S., TOWN OF TIBURON 1505 TffiURON BOULEVARD TffiURON, CA 94920 DATE: 9/4/08 MEETING TIME 7:00 P.M. AGENDA NO.: #12 PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always address the Chair; (2) State namefor the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the meeting must.first be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent out for items continued to a specific date. Any documents produced by the Town and distributed to a majority of the Design Review Board regarding any item on this agenda, including agenda-related documents produced by the Town after distribution of the agenda packet 72 hours in advance of the Board meeting, will be available for public inspection at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. A. ROLL CALL: Chair Doyle, Boardmembers Chong, Glassner and Tollini B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. CONSENT CALENDAR I. 2. I Main Street 9 Main Street Caffe Acri Servino Ristorante Sign Penuit CONTINUED TO 10/16/08 Sign Permit CONTINUED TO 10/16/08 E. OLD BUSINESS BEFORE THE BOARD 3. 110 Rolling Hills Rd. Littman New Dwelling F. NEW BUSINESS BEFORE THE BOARD 4 20-22 Main Street Zelinsky Properties New Commercial Building G. APPROVAL OF MINUTES #11 OF THE 8/21/08 DESIGN REVIEW BOARD MEETING H. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** DIGEST Regular Meeting BELVEDERE-TIBURON LIBRARY AGENCY Belvedere-Tiburon Library, Tiburon, California: July 21, 2008 REeF'C",' '.)' ~. ~ 1,' - '.' .. ~ ,._.,1. ~28 2008 ~ TOWi~ 0Ltkh TOWN OF TIBURON 'I- MINUTES Members Present: Members Absent: Staff Present: Guests: Lois Epstein, Mary Falk, Beverlee Johnson, Steger Johnson, Bill Kuhns and Heather Lobdell Ann Otter Deborah Mazzolini and Mary Vella Andy Sohn, EHDD CALL TO ORDER: OPEN FORUM: No Comment Chair Falk called the meeting to order at 6: 15PM STAFF, BOARD AND COMMITTEE REPORTS: 1. Chair's Report Chair Falk welcomed EHDD, the public and the Building Team and thanked them for their presence. 2. Election of Officers Chair Falk entertained nominations for Chair for the next fiscal year. A motion to elect Trustee Steger Johnson as Chair made by Trustee Beverlee Johnson and seconded by Trustee Epstein, was approved unanimously A motion to elect Trustee Epstein as Vice Chair. made by Trustee Falk and seconded by Trustee Kuhns, was approved unanimously. Chair Steger Johnson presided over the remainder of the meeting. He began by offering profuse thanks to Trustee Falk for her service to the Agency as Chair over the past year. In deference to the large audience and the attendance of presenters, the Chair skipped to Item 8. TRUSTEE CONSIDERATIONS: 8. Building Program Expansion Andy Sohn of EHDD began by making a presentation of the new designs in response to the public input at the Tiburon Town Council meeting in June and meetings with the Agency and Building Team. The power point slides included the original Courtyard scheme with a Google Earth view; scenes of the open space from different vantage points; the Civic Connection with 70 parking spaces at the rear of the property as well as a Google Earth view; the Courtyard scheme with 62 parking spaces. At this point the battery on the laptop failed and the presentation of the remaining slide was not shown. Chair Johnson opened the discussion to comment from the Agency trustees first then the public. Trustee Epstein asked for confirmation about the views from each proposed scheme. Mr. Sohn stated that in the Courtyard scheme the views from the nave would be of the new building addition, but new views would be introduced from the addition. In the Civic Connection scheme the views of St: Hilary's Open Space from the nave would remain intact: Irene Slisky, Tiburon, asked if annual historical budgets and estimated costs to run the expansion were known and available for review. Director Mazzolini responded that utilities are expected to be one-and-a-half times the current costs based on improvements in design. She expects there to be little increase in staff costs except for increase the Y A librarian's hours to fulltime and hiring a technology person. She offered to make the budgets available to the public, Belvedere Tiburon Library Agency July 21. 2008 Minutes Page 2 Rita Fink, Belvedere. expressed her delight that there has been a commitment by the architects to respect the marsh and views of open space, given the new schematics. Steven Wanet, Tiburon, assumed a bond would be required to pay for the expansion, He feels the Civic Connection seems large and overpowering. He would like to see the integrity of the existing building maintained He also noted the abundance of glass on the southwest side of the addition would allow the heat to penetrate. Miles Berger, Tiburon, prefers the Civic Connection because it is more removed from the marsh. He also questioned the need to increase staff areas so much when the number of staff is not projected to increase. He endorses the Civic Connection admonishing the designers to reduce the size by 5,000 square feet. He stated "the smaller the building the smaller the parking deficit". The parking belongs to Town Hall as well. Allan Littman, Tiburon, is a firm supporter of the library but suggest a small footprint. He would like the designers to consider using the current library for second floor space. Warren Russell, Tiburon, feels the expansion issue should be put before the people for a vote. Nancy Gale, Tiburon. knows a huge number of people who oppose the expansion and feels a vote is in order Someone challenged Director Mazzolini regarding the public's desire for an expansion. Mazzolini brought forth a binder filled with articles from the Ark, the IJ and the library newsletter (In the Stacks) since 1999 about the need for an expansion. Included were surveys that were sent to every home in the 94920 zip code in 2002 and 2006 asking for public opinion on a wide variety of preferences for an expansion. The response rate from these equaled 5%, which, as far as surveys go, is considered a good response. Additionally, there has been a 3-part opinion poll on the library's web page for six weeks. It asks for an opinion (which may be made anonymously) on building the expansion in the parking lot and building at the back of the library and asks for general comments. To date there have been 21 responses. Vera Girtler, Belvedere, believes it is important to reach more of the public. She stated that only 30% of the community subscribes to the Ark newspaper. She knows people that fear the library will become a community center and that want it to remain a library. Director Mazzolini reminded the audience that since the current building was first built it was evident that the Child~en's Room was inadequate. The infants and toddlers are well served but overflow in the story time area and there is seating for only 8 older children; there is no teen space at all; and no space for technology training which is a mission of every library. These are particularly important aspects of the expansion plan. Piper Berger, Tiburon, is not happy about the proposed size of the expansion but likes the Civic Connection model. She believes by maximizing space a 10,000 square foot expansion is plenty, Sylvia Ross, Tiburon, does not feel the library needs a coffee shop, which would take business from other local shops. or a bookstore. She sees a need for an expansion but not to the degree proposed, Jo Burnett, Tiburon, believes that the library IS a community center and this is fine But she thinks events should be held elsewhere. Belvedere Tlburon Library Agency July 21, 2008 Minutes Page 3 Bruce Ross, Tlburon, is concerned with progress not schemes. He states the Needs Assessment is an unverified document. a long wish list. He is shocked by the vote tonight. The massing and parking will result in significant trade-offs, When he designed Zelinsky Park it was meant to be respected and he was not happy about the possibility of encroaching on it. He also noted that the size will have to be scaled back if the funds cannot be raised for the proposed expansion, Tina Dewey, Belvedere. calls the library her favorite place. She is appalled at the proposed size and heartened by the comments of those who agree. She would like to see the architects go back to the drawing board and incorporate the concept of shared space (using the technology space when teens are not in the library and use it for teens when they are), adding only 8-10,000 square feet. She concluded her remarks stating that the open space needs to be respected. Larry Drew, Tiburon, asked for a reiteration of the net gain in spaces for the Civic Connection (15) and the Courtyard (7) and expressed concern about these small numbers given the increase in use that the library expects, Jeannette Carr. Belvedere. countered that the Mill Valley Library has ZERO parking. The Mill Valley Library also has a used book sales that generates income. Margaret Jones, Belvedere, is disappointed that the Children's patio area, which has proven to be useless space, is not being incorporated into the expansion design. She also expressed indignation with the suggestion of off-site events. The library can produce events in-house with no additional cost in staff. Taking these events to other venues would necessitate hiring additional library staff Furthermore the town, the city and the schools have yet to offer to spend the money to light, heat and staff their buildings until 9:00 PM. Bonnie Spiesberger, Belvedere, respects all the concerns that have been raised this evening. She is 100% behind the expansion, and it doesn't matter whether it is built to the side or the back. Stephen Wanat, Tiburon, was troubled that the current spaces (such as the Founders Room and the nave) could be disturbed, Hilary Don, Belvedere, focused on size. He feels that the staff is the most qualified to know how much space is needed for an expansion. Their recommendations are meant not to serve themselves but only to serve the community. If it is not built for the future, there may be a need to expand yet again. He personally feels the Civic Connection is intrusive and prefers the Courtyard design. Steve Silberstein, Belvedere, also hopes that we do not make the same mistake of making the building too small Of the two schemes he feels the Civic Connection best retains the architectural style of the current building. Glenn Isaacson. Belvedere, was the project manager for the construction of the current building and has the pleasure of being the project manager of the expansion. He is also the Chair of the Building Team which is made up of BTLA Trustee Bev Johnson and Trustee Ann Otter, and architects Hank Bruce and Alexander Seidel The Building Team has recommended the Civic Connection to the BTLA for 10 reasons which he was asked to reiterate for the record: 1. One building housing all of the Prograrn uses will function better than the two buildings with a connector. 2. The Tiburon General Plan favors building forrns to front on Tiburon Boulevard and parking to be placed at the rear of the buildings. Belvedere Tiburon Library Agency July 21. 2008 Minutes Page 4 3. The creation of a pedestrian only public plaza connecting the entries to the Library and Town Hall is viewed as a strong civic staternent. 4. Maintaining operation of the Library for the rnajority of the construction period appears feasible in both schernes 5. The visual connection frorn the library to the principal open spaces such as the Zelinsky Park, the Marsh and the St. Hillary Highlands are all preserved. 6. The location of the cafe on the civic plaza fronting on Tiburon Boulevard will serve as an attraction and anirnate the plaza with both Library and Town Hall visitors. 7. The Children's Library on the eastern sunny side and facing the open landscaped corridor and adjacent park provides the opportunity for outdoor quiet useable space for the children's use. 8. Careful architectural expression of the addition will permit the retention of rnuch of the existing Tiburon Boulevard Library fac;;ade while perrnitting a cornplernentary expression for the addition itself. 9. The design rnaintains the spatial strength of the existing "nave". 10. The expansion design ernphasizes rnore natural daylight to enter the building. At 8:00 PM Chair Johnson closed the meeting to public comment. He summed up by stating that the Agency's decision tonight does not concern the size, aesthetic or economic issues pertaining to the addition, but is to choose the location of the expansion. He favors the Civic Connection for the 10 points the Building Team mentioned as well as the aesthetic appearance from Tiburon Boulevard Trustee Falk appreciated the comments from the public. She fully endorses the Civic Connection. Trustee Epstein endorsed the Civic Connection, A motion that: 1. The BTLA select the Civic Connection alternative as the preferred placernent of the library expansion; 2. That the Library Director is directed to: · Undertake discussions with the Town of Tiburon to arrange a "streamlined" perrnitting process; and · Make an application to the Town of Tiburon for environrnental review pursuant to the strearnlined process 3. That the library staff and BTL Foundation continue fund-raising efforts made by Trustee Epstein and seconded by Trustee Kuhns was approved unanimously Trustee Epstein reminded the audience that the conceptual designs are not cast in stone, Trustee Bev Johnson added that the entire process for this expansion will take time. Belvedere Tlburon Library Agency July 21,2008 Minutes Page 5 3. BTLF Report . There will be no BTLF meeting in August and the September meeting will be held on the 20d Tuesday, the 9th, rather than September 200. . The Bookmarks annual Blackie's Hay Day event will be on September 28th . The Capital Campaign Committee is still meeting, albeit irregularly. . There has been about $1.5 million raised toward the building expansion, About half of the BTLF directors have contributed to the expansion to date. The directors agreed early in the year that 100% financial participation is expected of all BTLF directors. . A liaison to the BTLF meeting in September will be Trustee Lobdell. 3. Library Director's report - Deborah Mazzolini . The fiscal year ending June 30. 2008 ended with a surplus. Operating funds for the upcoming fiscal year are tightly budgeted as usual. 4. Financial statement for June 2008 The fiscal year ended June 30th and as noted above, with a surplus. The audit process is just beginning and Odenberg, Ullako and Muranishi will perform the audit again this year. Book sales for the year came in 413% higher than budgeted at over $14,000. 5. Committee Reports The list of programs for August is in the packet. There will be no film in July but the documentary Oil On Ice will screen on August 2200. CONSENT CALENDAR: 6. Approval of minutes of June 23, 2008 7. Approval of warrants and in house check register June 2008 A motion to approve the minutes of June 23, 2008 and the June warrants and in house check register made by Trustee Falk and seconded by Trustee Epstein passed. COMMUNICATIONS 9. Monthly calendar 10. Schedule of 2008 meeting dates Chair Johnson asked the trustees if they were content with the monthly Agency meeting dates set for the third Monday of the month at 6: 15 PM. All concurred. Vice-Chair Epstein offered to chair the meeting scheduled on August 18th if Chair Johnson is unavailable. 11. Policy and Procedural Guidelines for Library Sponsored Programs The revised policy is included for the Trustee Handbook. ADJOURNMENT: The regular meeting adjourned at 8:15 pm. Respectfully submitted, Mary Vella Upcoming meeting: Monday, August 18th at 6:15pm. An email will be sent to ensure a quorum. ~. PLANNING COMMISSION MEETING MINUTES NO. 969 August 13, 2008 Regular Meeting Town ofTiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California OIG~8'" CALL TO ORDER AND ROLL CALL: Chair O'Donnell called the meeting to order at 7:30 p.m. Present: Chair O'Donnell, Vice-Chair Kunzweiler, Commissioners Fraser, Frymier and Corcoran Absent: None Staff Present: Planning Manager Watrous, Community Development Director Anderson, Associate Planner Tyler, EIR Consultant Newman and Minutes Clerk Levison ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Community Development Director Anderson provided a briefing on the near completion of the Highway 101 off-ramp improvements, noting a January 1993 resolution of the Tiburon Town Council urged CaITrans to promptly complete the improvement which was supposedly fully funded at that time. Planning Manager Watrous noted that the annual review of the Kol Shofar conditional use permit is on the agenda for the August 27, 2008 meeting. 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 T1BlJRON PLANNING COMMISSION MINUTES - AUGUST IJ. 200!( MINUTES NO. CJ6l) PAGEl Associate Planner Tyler presented the staff report, stating that the approximately 2,415 square foot "'Harbor Light" building at 20-22 Main Street has been vacant since approximately 2006 and is uninhabitable due to its extensive deterioration and poor structural condition. The property owner has submitted an application to demolish the existing commercial building and replace it with a somewhat larger, 2,941 square foot retail/office building. A conditional use permit is required pursuant to the Tiburon Zoning Ordinance for construction of the new building. She explained that a focused environmental impact report had been prepared for the project that concludes that all but one impact will be mitigated to a level ofless-than-significant, with the sole exception being that the proposed project would result in the demolition of a structure that is eligible for listing on the California Register of Historic Places. She stated that staff has concluded that there is ample justification for rejecting all the project alternatives discussed in the EIR and adopting a statement of overriding considerations for approval of the project. Commissioner Frymier asked for clarification on the application of a transfer of intensity for the site. Associate Planner Tyler explained that there is approximately 867 square feet of undeveloped property in the Main Street parking lot site and a recorded agreement between the Town ofTiburon and that property owner allowing the owner to transfer the portion of that square footage that will be developed to another building. Commissioner Corcoran asked how frequently a transfer of intensity takes place. Community Development Director Anderson said he could recall two or three instances since the General Plan with that policy was adopted. Chair O'Donnell opened the public hearing. Hank Bruce, architect, said that the Harbor Light building has been a part ofTiburon since the 1880s. He said that the original building burned down in 1921, was rebuilt and remains today although in sad disrepair. He said his intent was to retain the presence of the existing building and as much of its atmospheric essence as possible. He said that the design attempts to pick up the flavor, forms, and colors ofthe downtown area so that when completed, the building and its use will remain, but the building will be structurally sound. Mr. Bruce distributed a draft rendering of the historical plaque he proposed to install on the column beneath the gaslight on the front of the building. Commissioner Corcoran asked if the plaque was designed to follow certain guidelines or was a strictly independent creation. Mr. Bruce explained that the wording is similar to that found on other historical buildings. Director of Community Development Anderson said there is not a specific framework for historical plaque design but that staff would typically consult with the Heritage and Arts Commission before final approval. Commissioner Frymier asked why the height increase and additional square footage are necessary. Mr. Bruce explained that this is a commercial structure with an economic cost and return on construction, and he felt that it was appropriate to utilize the available square footage so long as the building would not impact the community. He stated thato TIBlJRON PLANNING COMMISSION MINUTES AUGUST B :?:UOH MINUTES NO 96'1 PAGE 2 the additional height was necessary in order to properly address the needs and requirements of current construction as well design aesthetics. Chair O'Donnell pointed to requests by both the Heritage and Arts Commission and the Belvedere-Tiburon Landmarks Society that the design and individual elements of the building retain their historical context within the Town. Mr. Bruce said the design drawings were good indications of this intent and although certain elements would have to be compromised for energy efficiency, he felt the overall shape and impact of the building would echo that of the original. Mr. Bruce did concede that the light at the rear ofthe building may look too modern. Chair O'Donnell closed the public hearing. Vice-Chair Kunzweiler expressed his full support of the project. He said that the project would replace a historical building which has fallen into disrepair and could represent a public hazard ifnot addressed. He found that the additional square footage fit well within the requirements of the zoning ordinance and general plan and that the conceptual design was sensitive to the Town's design guidelines. Commissioner Fraser echoed Vice-Chair Kunzweiler's comments and complimented Mr. Bruce on all of his efforts. He found the design to be consistent with the general plan and he hoped that this would help continue the momentum of revitalization in the downtown area. Commissioner Corcoran echoed Commissioner Fraser's sentiments. He spoke of the concerns raised by Ms. Jackson's letter regarding construction and is satisfied that the Building Department is capable of handling any issues that may arise. He stated that any construction is not ideal but the benefits of a new structure within the downtown area are worth it. He said that it was unfortunate that this building has to be replaced but Mr. Bruce has designed the building in a sensitive way that contributes something to the downtown atmosphere. Commissioner Frymier expressed her support of the project and the plaque as well as her desire to see some conformity in the plaques throughout the Town. Commissioner Corcoran agreed, stating that he would like to see the Heritage and Arts Commission and the Landmarks Society use this as an opportunity to develop guidelines for historical markings. Chair O'Donnell stated his agreement with the comments of the other commissioners and wished the applicants success. ACTION: It was MIS (Kunzweiler/Fraser) to adopt the resolution certifying the final ElR for the Harbor Light Commercial Project. Vote: 5-0. TIBlIRON PLANNING COMMISSION MINI lTES - AUGUST IJ. 200ll MINIJTES NO 46q PAGE) ACTION: It was MIS (Kunzweiler/Fraser) to adopt the resolution adopting the findings relating to the approval of the Harbor Light Commercial Project pursuant to the California Environmental Quality Act Vote: 5-0. ACTION: It was MIS (FraserlKunzweiler) to adopt the resolution approving the Conditional Use Permit to demolish and reconstruct the Harbor Light building: Vote 5-0. 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) Planning Manager Watrous presented staff report. He stated that on July 9, 2008, the Planning Commission reviewed an application by The Little School for a conditional use permit to expand its daycare center at I I Shepherd Way (owned by Shepherd of the Hills Lutheran Church) by converting an adjacent single-family dwelling on church property to additional classrooms and converting a portion of the existing church parking lot to an outdoor play area. Several neighboring residents raised concerns about potential traffic, noise, visual and roadway maintenance issues that could result from this project The Planning Commission indicated that the proposed daycare expansion would appear to serve a need in the Tiburon community for such services, but that the Little School needed to provide additional information to address the neighbors' concerns. The Commission appointed an ad hoc subcommittee which met with the applicants and the neighbors to discuss these issues. Chair O'Donnell asked for a report from the subcommittee. Vice-Chair Kunzweiler stated that the sense of the subcommittee was that the project was generally pointed in the right direction but there was not enough information on which to base a sound decision. He said that points of concern revolved around visual impact, the sound level generated by placement of the new playground, and an increase in traffic. He emphasized that the condition of Shepherd Way is definitely an issue but is covered by an easement reaching back to early 1970s and so he remained unconvinced that it is an issue that is germane to a decision on the conditional use permit He described meetings that the subco:nmittee held with representatives from the church, the Little School, the Preserve Homeowners Association, parents, and neighbors, He reported that these meetings provided a good airing of the issues, adding a sharper focus on the need for a clearer understanding of the issues of visual impact, sound level and traffic. He said that he also had one-on-one conversations with representatives of both sides and attended two onsite meetings between school representatives and neighbors. Commissioner Fraser said he attended an August 5, 2008 meeting with church representatives, the applicant, the applicant's playground designer, and neighbors. He felt that the meeting showed movement from both parties and he was pleased to see TIBURON PLANNING COMMISSION MfNlrrES AUGUST] ~ lOOg MINUTES NO, 969c PAGE 4 willingness to compromise, but he noted that some neighbors found the adjustments to the siting of the play area to be inadequate. He said that he asked the applicant to evaluate this feedback from the neighbors and be prepared to articulate their response to the Planning Commission. Commissioner Fraser commended both the Preserve Homeowners Association and the church and school representatives on their concerted efforts to reach a common ground. Chair O'Donnell opened the public hearing. Norma Barnes, President of Shepherd of the Hills Lutheran Church Council, said that the church and school have made a very good faith effort to address the concerns of their neighbors. She said that they invited all parties to meet onsite and playground designer John Manchip had revised the proposed layout based on several suggestions by neighbors. She said that the play area had been relocated to an area in front of the house and garage where it would reduce any sound or visual impacts. She said that the playground fence was moved in nine feet from the original plan and sound dampening vegetation would be planted along its length. She said that the neighbors were then invited back to view the revised layout. She stated that they had completed an analysis of daily attendance and car trips which indicated a maximum of 56 children attending the Little School on anyone day. She clarified the analysis of car trips, stating that the trip information should read as a total number of daily or one-way trips, not round trips and that the current 60 one-way trips per day would increase to approximately 105 per day. Ms. Barnes stated that the church and representatives of the Preserve Homeowners Association have met to discuss various options for the maintenance of Shepherd Way. She explained that twenty-two homeowner's on Turtle Rock Court each own an undivided 1/22 interest in Shepherd Way but do not use the road to access their properties. She said that the Church Council approved a resolution to support efforts of the Turtle Rock Court residents to transfer ownership of Shepherd Way to the church. She said that she spoke with Basil Plastiras, attorney representing the Preserve Homeowners Association, and was informed that a transfer in title would be difficult and he suggested that instead the church and the school consider entering into a maintenance agreement for the roadway. Vice-Chair Kunzweiler asked if a maintenance agreement has been drafted and Ms. Barnes said it had not. Basil Plastiras, attorney representing the Preserve Homeowners Association, stated this was an odd situation where a group of homeowners own a road they do not use. He reiterated the desire and previous failed attempts by the Preserve Homeowners Association to unburden itself by giving the road away. He explained that in some cases, the individual homeowner's title to the road is unclear, remaining in the possession of the developers or previous homeowners, and that it would be difficult to transfer ownership of the roadway. He stated that he spoke to the Town Attorney, who said that it would be unlikely that the Town would take over the road. He stated that the homeowners association is mainly seeking liability protection and assumed costs with a maintenance TIBURON PLANNING COMMISSION MINUTES - AUGUST 1:1. 2()O~ MINUTES NO.1l69 PAGES agreement, both of which are typically assumed by those who use the road. He felt that a maintenance agreement was doable and estimated that reaching a formal agreement would take several weeks. He asked the Planning Commission to defer a decision on the conditional use permit until the concerned parties are able to reach the agreement. Vice-Chair Kunzweiler said he understood the frustration in dealing with a privately owned road but questioned if there is a legitimate bifurcation of issues of the road versus the application. He said that the road has been an issue for many years but has come under the spotlight as the result of a legitimate request to expand the daycare use. Mr. Plastiras stated that increased use of the road beyond that allowed by the easement theoretically would entitle the homeowners association to obtain a court order. He assured the Planning Commission that it was not the desire of the homeowners association to go to court, but the association desires only to limit their liability exposure. He said that the homeowners association itself had no objections to this application, but there is some question as to whether their insurance currently covers the liability for the roadway. In response to a question from Vice-Chair Kunzweiler, he acknowledged that the CC&Rs of the homeowners association allows the association to enter into agreements, Commissioner Corcoran questioned whether the homeowners association can make a nexus between the roadway and the conditional use permit, if the issue with the roadway does not change as a result of this application. Mr. Plastiras stated that the Planning Commission should not make a decision that would increase the burden on the homeowners association instead of the applicant. He stated that the Town has twice previously refused to accept the road and he stated that there would be a substantial cost to bring the roadway up to accepted street standards. He felt that it was fair to forebear a decision on the use permit until a maintenance agreement has been reached, but added that the Commission could make a decision contingent upon an agreement being reached by the church, school and the homeowners association. Vice-Chair Kunzweiler cautioned that the failure to reach an agreement would result in a continuance of the situation that exists today. Mr. Plastiras responded that failure to reach an agreement could result in legal action. He stated that the expansion of the Little School was not contemplated when the easement was first established. He reiterated that the homeowners association does not want to go to court, but wanted an agreement that would indemnify the homeowners association and/or the homeowners themselves against any loss that may arise out of use of that road, and have those parties named as additional named insured on their insurance policy. He believed the church and school to be in agreement on the general provisions but that there are specific questions pertaining to the amount of insurance necessary. Ted Bayer spoke on behalf of Sean and Janet Coughlin. He expressed their primary concern to be the morphing of the property's use from a church to a daycare facility and finally to a preschool with a small church operation. He said the Coughlins maintain concern over the visual and sound impact to adjacent homes as well as the condition and TlBlJRON PLANNING COMMISSION MINUTES AUGUST 13. 2UOS MINUTES NO. 969 PAGE 0 further wear to Shepherd Way. He said that they feel strongly that the fence line should be moved back 15 feet from the existing trees, rather then the proposed 9 feet. He said that the roadway easement was granted at a time that the property was used as a church and the Planning Commission is being asked to intensify that usage. He said that there would be a 75% increase in car trips which the roadway cannot handle. He said that if the road breaks down, there would be impacts on downhill properties and liability problems. Commissioner Corcoran suggested that a 75% increase might be an inflated value and does not take into account the other car trips resulting from churchgoers and the road's residents. He noted that the easement does not specify how the road is to be used. Mr. Bayer responded that the Planning Commission has a responsibility to consider the impact on the physical environment of the road and neighborhood that would result from a significant increase in the use ofthe road. Rosalind Jekowsky stated that the requested fence setback of 15 feet was decided upon the advice of a sound engineer and should be taken seriously. She wanted to know why drawings showing the 15 foot setback had not been presented this evening nor has the applicant explained why this setback was not possible. She said that there are only a few days per year where parking capacity at the church is an issue and they have a lot of space to address the issue. She reiterated that the proposed expansion would change the quality of their lifestyle and she objected to this request to meet the needs of a tenant of the property. Chair O'Donnell asked Ms. Jekowsky ifthe nature of her complaint pertained to the fence placement or the intensification of use. Ms. Jekowsky explained that they would naturally prefer to minimize the level of use but are looking for a compromise. Lori Grace said she lives in the house that would be most impacted by the proposed expansion and restated her shock that she was not apprised of this application prior to the purchase of her home. She said that she attended both of the subcommittee meetings where she raised several objections, most notably due to her chemical sensitivities. She suggested several design alternatives which included adding an outlet onto Trestle Glen Boulevard, forced carpooling, and busing students from a meeting point at Blackie's Pasture. She stated that the car trip calculations need to account for both a trip up and a trip back down the road, estimating that the actual number would be closer to 1,030 trips per week. She was also concerned about potential traffic jams in an emergency situation. She expressed her displeasure that none of her ideas were taken seriously and informed the Planning Commission that she has asked her attorney to be present for this meeting and is seriously considering an appeal should the conditional use permit be approved. She restated her concern for herself, the air quality, safety and the impact of emotional people waiting in a line of traffic for the preschool. Bob Knox, attorney representing Ms. Grace, stated that there is confusion about the number of car trips and that the most recent document understated the total number of car TlBlJRON PLANNING COMMISSIOr-. MINUTES - AUGUST 13 :!um~ MINUTES NO. 969 PAGE 7 trips by 100%. Chair O'Donnell and Commissioner Corcoran reminded Mr. Knox that those numbers do not take into account carpooling students or multi-student families. Mr. Knox stated that the application should be continued and he felt that it would be inappropriate for the Commission to establish time constraints for the finalization of a maintenance agreement, but suggested alternatively making the agreement a condition of approval. He said that the entire project appeared to be in flux and the true impacts are still unclear. He suggested further development of information to include a formal noise study and its impact on his client before a decision is made. He felt that the school's activities were beyond the scope of typical daycare activities and may not be allowed in an R-I zone. He said that the condition of the road would be a noise issue. Vice-Chair Kunzweiler asked Mr, Knox if his client, as a user of the road, would be willing to be a party to the maintenance agreement. Mr. Knox felt that she would probably not be willing to participate in an agreement that allows increased use of the roadway. Monique Atkins introduced herself as a new Tiburon resident and noted that as a mother, she feels there is an incredible need for preschools like this. She said that her son should begin preschool this year but is on every wait list in Tiburon as well as three in Mill Valley. In response to a question from Commissioner Corcoran, she said that the Tiburon preschools had indicated no possibility of enrollment for this school year and that at one preschool she was number 100 on the wait list for the following year. Tanya McGregor, also a parent and new to Tiburon, echoed the sentiments of Ms. Atkins, adding that some schools actually have closed their wait lists. She said that she has heard great things about the Little School and thinks this need is a true concern. Tim Geraghty thanked the subcommittee for their work. He agreed that a formal decision should be postponed until enough information was available to properly address the concerns of neighbors. He said that he would like clarification on setting the fence back either 9 or 15 feet, including from where that distance is measured. He said that most of the volume of traffic using the roadway is related to the school and that the expansion would result in a meaningful increase in traffic. He asked for a cap on enrollment and expressed his desire for the expense related to obtaining sound studies to be borne by the applicant He asked if enrollment priority at the preschool would be given to Tiburon residents or if the new Tiburon children are being boxed out by residents of other communities that have not taken the initiative to address their preschool needs. Chair O'Donnell said he believed that the enrollment cap is related to what State law and Fire codes allow. Planning Manager Watrous supported this, adding that the draft resolution spells out the requested enrollment levels. Susan Geraghty said she visited the school site and viewed the proposed play area layout She said that the new fence line was measured from the precipice rather than the tree line where she thought it would be. TIBURON PLANNING COMMISSION MINUTES - AUGUST ]3. 200R MINUTES NO. 969 PAGE 8 Buddy Staright asked to see an up-to-date drawing showing the exact proposed layout. He thanked everyone for their efforts to reach an agreement and asked when the Belvedere- Tiburon Child Care Center which had burned was scheduled to resume operations. Planning Manager Watrous responded that they were hopeful for later this fall. Wendy Grace reiterated her concern to resolve the ambiguities of the easement before a decision is reached, adding that she did want to be a part oflitigation. John Manchip, playground designer for the applicant, stated that a road engineer recommended grinding down and resurfacing the roadway instead of a slurry seal which would last no longer than six months. He stated that the 9-foot fence setback was measured from the edge of the asphalt, not the hillside precipice. He said that he reviewed the idea of moving the fence back a total of 15 feet and found that it would be impractical, involving a complete realignment of the driveway and elimination of five parking spaces. He explained that the Fire District requires a 30 foot inside radius for its equipment and that he is guided by safety guidelines for school playgrounds which include a requirement for a 6 foot fence. He said that the proposed plan incorporates the minimum requirements and cannot be reduced further without compromising compliance and safety. Commissioner Corcoran asked if the play area could be rotated and moved to a point he demonstrated on the drawings. Mr. Manchip agreed this could be done, but it would involve relocating the playground in front of the entry for the church and school. He said that his initial design placed the play area within the parking lot island but this was unacceptable due to the visual impact on neighbors and cross-traffic with other students. He said that moving the play area closer to the existing building would help screen the area and minimize the removal of parking spaces. Norma Barnes stated that a nursery school has existed at the church since shortly after its construction in 1964 and significantly prior to the creation of the Preserve subdivision. She noted that the existing building would only allow a maximum of 32 children and they will not return to ask for an increased allowance, She reiterated Mr. Manchip's statements that moving the play area further would require cutting into the landscaped island to satisfY the requirements of the Fire District and any other changes would interfere with the flow of through traffic interfere with parents walking their students to the designated drop-off point. Commissioner Corcoran asked ifthere is any reason parents could not walk through the playground to deliver their children. Ms. Barnes explained that the playground would be fenced on the sides that are not bordered by the residence and would be accessed via a security gate. TIBURON PLANNING COMMISSION MINlrrrs - AUGUST 13. 200g MINUTES NO_ <)69 PAGE 4 Commissioner Corcoran inquired about unused space in one corner of the lot. Ms. Barnes eXplained that it is a hillside with an entrance to open space, noting that many people park in their lot and then hike into the open space. Ann Baker, Director of the Little School, stated that it is not their intention to grow more, adding that while the structure and their license could allow for 32 children, they plan on a maximum of24 per day. She said that parents could walk through the playground security gate, but its current placement allows teachers to easily greet students and maintain a good traffic flow. She reminded the Commission there State requirements for the amount of square footage of indoor and outdoor space per child. She stated that moving the fence line back 9 feet is as far as they can go while also accommodating the Fire District and she was unsure what moving it back 15 feet would mean. Commissioner Frymier asked Ms. Barnes to clarify the numbers of students attending school each day. She stated that on Mondays, Wednesdays and Fridays there would be 32 children downstairs and 24 upstairs, while on Tuesdays and Thursdays there would be 32 children downstairs and 20 upstairs. Commissioner Frymier commented that on her recent visit to the site she noted that the staircase railings appeared to be out of code compliance and she hoped that that will be addressed. Chair O'Donnell closed the public hearing. Commissioner Fraser expressed his appreciation for places of worship and places where residents can come together to enjoy the community and he recognized the need for adequate space for young children in preschool and daycare. He said that the initial application lacked focus and was difficult to understand but the applicant has made good strides to adjust to the needs of the homeowners. He was not sure that a sound study was needed and felt that the Planning Commission should request sound mitigation measures from the applicant and leave the design process in the hands of staff and the design review process. He said that he was sensitive to the Graces' concerns over emissions on Shepherd Way but felt that it was up to the applicant to come up with any possible mitigation measures. He said that he remained unconvinced that the applicant should be saddled with correcting the roadway maintenance issues of the homeowners association. Vice-Chair Kunzweiler stated that the role of the Planning Commission is to execute and bring to life the General Plan which was carefully drafted over an 18-month period and incorporated input from over 1,000 Town citizens. He agreed that the Town is woefully inadequate in the realm of day care and child serving facilities and the church and school have the right to ask for expanded activities based on an established use that is allowed by zoning guidelines. He said that the Commission must devise a reasonable solution that neither bankrupts the applicant with conditions nor overlooks the rights of the neighbors, He found that the requested number of additional children to be acceptable and a reasonable request and the playground design was also reasonable given the site constraints. He felt that the visual impact of the fence was not a big issue but that the TIBURON Pl.ANNING COMMISSION MINUTES AIIGUSl D. 21108 MINUTES NO. Y69 PAGE 10 sound from the playground was unknown. He suggested that the applicant present additional information on materials for the fence to ensure that any sound impact is accommodated as reasonably as possible. He noted that it was not reasonable for neighbors to expect silence from a property. He characterized the roadway issue as a can of worms that needs to be resolved. He agreed that the condition of Shepherd Way is a liability but stated that it is unfair to the applicant to place a long-standing issue in the way of a conditional use permit application. He did not support conditioning approval of the use permit on a maintenance agreement to be reached later as there is significantly more discussion that needs to take place on the matter. He said that both parties have looked the other way for a long time and the issue of maintaining the roadway is there now. While he sympathized with the residents of Shepherd Way, he said that they chose to purchase their home on a mixed use road in poor condition and the increase in traffic is consistent with a reasonable extension of the use. He therefore was in support of the resolution as drafted. Commissioner Frymier asked and confirmed that the Commission's role is to vote on whether or not to approve a conditional use permit that allows for a greater number of students, She asked what would happen if staff was not satisfied with the sound impact. Planning Manager Watrous explained that staff would review the analysis of the fencing's sound deadening materials before making suggestions and that ultimately, staff was capable of handling this process. Commissioner Frymier expressed her support of the idea and stated that the Town could use more preschools. She supported in changing the condition of approval to specifically require sound mitigating building practices to be reviewed through the design review process. Commissioner Corcoran noted that the Planning Commission gets very specific with its amendments and approvals at times. He recognized the need for the school and said granting the conditional use permit could be a great thing for the Town. He was uncomfortable with the Planning Commission deferring to Town staff on the matter and proposed to continue the item until suitable information is obtained, particularly about carpooling. Chair O'Donnell stated that schools and religious institutions are town treasures and a part of what makes the community so successful and desirable. He recognized the dire need for preschool space in the area and while he felt compassion for the neighbors, he found the request to be consistent with a long-standing precedent throughout the country for schools to operate in residential neighborhoods. He expressed his support of the resolution as written with the addition of the suggestion for additional sound attenuation. He recalled a conditional use permit for a daycare center on Tiburon Boulevard that required a similar sound fence. He referenced a similar experience with the conditional use permit for St. Hilary Church, explaining that everybody loves that project now. He felt that the preschool expansion would be an enhancement and a benefit to the area. He said that he would like to see a requirement that the church and school maintain the roadway to an acceptable standard. TIBURON PLANNTNG COMMISSION MINlffES AUGUST 13. 20m; MINUTES NO. Q69 PAGE 11 Community Development Director Anderson explained that the Planning Commission had required the applicant to install a double layered, sound-attenuating fence that would have a substantial effect on the decibel level. The Planning Commission discussed amendments to the draft resolution to address issues related to the submitted drop-off and pick-up policy, requirements for sound-attenuating fencing and a roadway maintenance agreement. Planning Manager Watrous summarized the consensus of the Commission that the resolution would be modified in the following ways: . Page 2, Section 2 - change to read "Now, therefore, be it resolved that the Planning Commission ofthe Town ofTiburon does hereby adopt the negative declaration and approve the Conditional Use Permit...." . Page 2, Section I A add the language including the drop-off and pick-up policy that has been submitted. . Condition 3 - add following "playground fencing" "with an evaluation of sound- attenuating fencing that would have a substantial effect on noise to downhill neighbors," . Add Condition stating that "Shepherd of the Hills Lutheran Church and The Little School shall enter into a maintenance agreement with the Preserve Homeowners' Association for long-term maintenance ofthe Shepherd Way roadwav," MOTION: It was MIS (KunzweilerlFrymier) to adopt the resolution, as amended as described by staff. Vote: 5-0. DISCUSSION ITEM: 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] Community Development Director Anderson presented staff report. He stated that on June I L 2008, the Planning Commission held a public hearing and recommended that the Town Council adopt an ordinance establishing green building regulations for new construction and additions. The Town Council held a public hearing on the draft ordinance on July 16, 2008 and indicated its intent to possibly modify the ordinance in one procedural aspect, namely that green building rating checklists prepared by applicants are to be submitted to the Town only once, at the building permit stage of review, rather than both at the design review stage and the building permit stage. He said that since this alternate procedure was not considered by the Commission during its TIBURON PLANNING COMMISSION MINUTES AUGUST 11. 2008 MINUTES NO. %9 PAGE 12 public hearing, the item must be referred to the Planning Commission for its report and recommendation on the possible amendment. Chair O'Donnell noted the Town Council's idea was to lower the point total to sixty. Commissioner Corcoran asked if that was on the table at this time and Community Development Director explained that the Commission's role is to focus on the ordinance and the checklist is not a part of the ordinance. Chair O'Donnell asked about Commissioner Frymier's suggestion to initiate an outreach program to builders, Community Development Director Anderson said that this was included in the resolution which was forwarded to the Council, and should the Town adopt a green building program, there will be an outreach event. Commissioner Corcoran asked staff if the process will be that once approval is received from the Design Review Board the design and checklist will be submitted to the building permit office. Community Development Director Anderson agreed and explained that staffs role in the Planning Division is to make sure that people are aware when they first pick up their application for design review what design factors to incorporate into their plan. Commissioner Corcoran confirmed that the program is not being changed, just the point at which the official green points checklist is submitted. Commissioner Fraser said that he finds the recommendation acceptable. Commissioner Corcoran expressed his support of the adoption of a green building program. He thought that it might be helpful for people to know more about the program at the design review level, but he did not believe that the proposed change would have a significant functional difference. Vice-Chair Kunzweiler voiced his support of the program. Commissioner Frymier stated her dissatisfaction with the entire ordinance. She granted that discarding the entire item was beyond the scope of what the Commission was allowed to do and she noted she could abstain from voting. Chair O'Donnell reiterated his fundamental disagreement with the green points checklist and characterized the point system as arbitrary. He said that some items on the checklist did not make sense for Tiburon. He stated that to do something meaningful, he would recommend selecting key elements from the generic checklist and amending the building codes to encourage a green Tiburon. He said that the green points program was morphing into a larger system and he did not want a cottage industry of green point raters simply to certify a green points checklist while expecting homeowners to bear the financial burden. He said that the Town was wrapping itself in a green blanket rather than doing something meaningful. T1BlJRON PLANNING COMMISSION MINUTES A,UGllST D. 1()08 MINUTES NO 969 PAGE 13 Commissioner Corcoran asked Chair O'Donnell ifhe has taken into account that the changes will ultimately save homeowners money in terms of energy consumption. Chair O'Donnell said that the Planning Commission dealt with energy consumption when it passed an ordinance to strengthen the provisions under Title 24. Vice-Chair Kunzweiler stated that while he understands and respects Chair 0' Donnell's point of view, the issue was really for the Town Council to decide. Chair O"Donnell said he wanted to explain why he voted against the resolution at its first hearing and said he would do so again this evening. Vice-Chair Kunzweiler conceded that the issue was a tough one. Chair O'Donnell echoed his earlier statements stating that if the Town had constructed a set of guidelines that actually pertained and mattered to the Town ofTiburon rather than cookie-cutter homes in Tracy, he would be more amenable to the idea. Vice-Chair Kunzweiler clarified that he would actually be voting against the amendment when he really disagreed with the ordinance. Chair O'Donnell responded that he had already voted against the ordinance and now will vote against the amendment to the ordinance. MOTION: It was MIS (Fraser/Kunzweiler) to adopt the amendments to the draft Green Building Ordinance, as submitted. Vote: 3-2 (O'Donnell & Frymier voted no). MINUTES: 4. PLANNING COMMISSION MINUTES - Regular Meeting of July 9, 2008 Planning Manager Watrous stated that Commissioner Corcoran had already submitted his comments. Commissioners requested the following amendments to the minutes: . Page 4, 4th paragraph, amend the last line to read "impact on global climate change." . Page 6, 5th paragraph, amend the 2nd sentence to read "He asked if there would be f. ,. a ,.ee . Page 7, last paragraph, delete "advised" and retain "said" in the first sentence . Page 8, 6th paragraph, correct the typo to "this" in the second sentence MOTION: It was MIS (Kunzweiler/Fraser) to approve the minutes of July 23,2008, as amended. Vote: 4-0. (O'Donnell abstained) TIBlJRON PLANNING COMMISSION MINUTES - AUGUST 13. 20Qll MINUTES Nfl. got) PAGE 14 ADJOURNMENT: The Planning Commission adjourned the meeting at 10:25 p.m. EMMETT O'DONNELL CHAIRMAN ATTEST: DANIEL M. WATROUS, SECRETARY TIBURON PLANNING COMMISSION MINurES AUGUST I~. 200R MINUTES NO %9 PAGE 15 ,. MINUTES #11 TIBURON DESIGN REVEW BOARD MEETING OF AUGUST 21, 2008 DIG~ ~8.,. The meeting was opened at 7:00 p.m. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Vice-Chair Glassner, Boardmembers Chong and Tollini Absent: None Ex-Officio: Planning Manager Watrous, Assistant Planner Phillips, and Minutes Clerk Rusting B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous reported that the item for 55 Mt Tiburon Road will be continued to the October 2nd meeting instead of September 18. D. NEW BUSINESS BEFORE THE BOARD 1. 143 BLACKFIELD DRIVE MADANI, GARAGE CONVERSION The applicant is requesting Design Review approval for the conversion of the garage into living space at an existing single-family dwelling on property located at 143 Blackfield Drive. The one car garage would be converted into a family room, laundry room and second bathroom. The existing driveway would be expanded to allow for additional parking area. Mohammed Sadrieh, architect, explained the garage conversion request He said that many other homes on this street have converted garages, which allow homes to maintain space in their rear yard and avoid second story additions. Boardmember Tollini asked about whether the new driveway area would match the existing brick driveway or would be concrete. Mr. Sadrieh said they are planning to match new and old materials. There were no public comments. Boardmember Glassner said the application is straightforward and consistent with other garage conversions in that neighborhood, with room left to park cars on the site. Boardmembers Tollini agreed and stated that this was a cost effective use of space. T1BURON D.R.B. MINUTES #11 8/21108 Boardmember Chong noted that there were other garage conversions along Blackfield Drive and that this would be consistent with the neighborhood. ACTION: It was MIS (Tollini/Chong) that the project is exempt from the California Environmental Quality Act and approving the project with the attached conditions of approval. Vote: 4-0. The Board took a brief break and thereafter reconvened the regular meeting. Chair Doyle suggested moving up the minutes for approval on the agenda. E. APPROVAL OF MINUTES #10 OF THE 8/7/08 DESIGN REVIEW BOARD MEETING ACTION: It was MIS (Chong/Doyle) to approve the minutes of the August 7, 2008 meeting as written. Vote: 4-0. 2. 96 MT. TIBURON COURT 96 MT. TIBURON LLC, NEW DWELLING The applicant is requesting Design Review approval for the construction of a new three-level single-family dwelling and detached garage on property located at 96 Mt. Tiburon Road. The subject property is currently vacant. The main level of the proposed house would include a living room, family room, kitchen, dining room, den, one bedroom and I Y, bathrooms. The upper level would include a master bedroom suite along with two additional bedrooms and one bathroom. The lower level would include another bedroom and bathroom, an entry lobby and a three-car garage. A swimming pool and spa would be situated adjacent to the main level of the house. Ten skylights would be installed on the roof of the house above the main level living room and stairway, with two chimneys proposed for the house. The new driveway would include a driveway gate and a series of retaining walls supporting the driveway. Vernon Bradley, representing 96 Mt. Tiburon LLC, described discussions with the Planning Division and changes made to the plans to try to step the house into the hillside. He was concerned that the staff report now suggests that the house be moved down the hillside, which would cause the house to lose much of its panoramic view. He said that they have attempted to address the Fire Marshall's requirements for the grade of the driveway and a turnaround. He said that moving the house further down the hill would increase the retaining walls on the swimming pcol side and destroy the view, which is the real value of this property. He said the suggestion to cut down pine trees below to keep the view is also problematic because only one out of four trees is on their land. He distributed photographs showing the design of other houses in the neighborhood and said that the proposed house would be fairly well hidden behind trees and nestled into the hillside. He said they have addressed concerns about the swimming pool by removing two doors from the plan, putting in plexi-glass fencing around the pool, and adding alarms so that if any pool door was opened it would set off an alarm. The public hearing was opened. T1BURON D.R.B. MINUTES #11 8/21/08 2 Robert Gloger said that his home would be most impacted by the proposed structure. He said that his major concern is privacy, as the project would place a swimming pool 30-50 feet from and 20 feet above their pool. He said that this would be intrusive to their home and their outdoor living experience. He asked the applicant to consider moving the pool to the other side of the home, where there is open space and complete privacy. He said that he is also concerned about the driveway which is would be l6Y, feet above grade. He noted that no story poles were put up for the driveway and he is concerned that the driveway would loom over his pool. Bruce Portner, representing the applicant, said that about 65% of all people looking for a home in Tiburon try to find a Mediterranean style home, and Mt. Tiburon is one of the prime locations in Tiburon. Mr. Bradley responded to Mr. Gloger's comments, stating he would be willing to plant any type of tree or hedge to address the privacy issues. He said that the LLC purchased this property they were told by realtors that the former owners had an agreement to provide an easement on the land for the neighbors to build a swimming pool, but requiring the neighbors to make no objections to future construction on the property. He expressed his willingness to work with the neighbors. Vice-Chair Glassner said the house has significant bulk and mass and asked what the applicant would be willing to do to reduce that mass. Mr. Bradley said the lower two stories are embedded into the hillside and that moving the structure deeper into the hillside would require more retaining walls. Jack Backus, architect, said they could reduce the floor area of the house to reduce the visual bulk, but the mass in front is really only the top portion. Chair Doyle referred to a letter from Bruce Moody, an architect who lives in the neighborhood, which suggested changes to the plan, including a suggestion to move the garage down to a lower level. Mr. Bradley said his clients want access to the house that is sheltered, and so a detached garage would be difficult. He felt that the perceived mass would be greater ifthe house was built at a lower elevation. Vice-Chair Glassner believed there were places where the elevation of the structure and the visual bulk could be reduced. He asked the architect to address the lighting plan and some of the skylights. Mr. Backus said the plan showed locations of exterior lighting, and all would be downlights as required by the Town. Chair Doyle referred again to the letter from Mr. Moody, which suggests building the structure parallel to the contours. Mr. Backus said that they could do try to retool the front portion of the house to reduce the perceived mass. Vice-Chair Glassner asked Mr. Backus to address the neighbor's concerns about the swimming pool. Mr. Backus said that moving the pool would cause a complete redesign of the house. He said they could lower the pool so that it is level with neighbor's pool and would work with the neighbor to try to come up with a solution for the pool. TIBURON D.R.B. MINUTES #11 8/21/08 3 Chair Doyle suggested a model or photosimulation to visualize how the property might look with the changes. Mr. Backus asked the Board if they would grant a variance if one was necessary to make changes that address the neighbor's concerns. Mr. Bradley asked the Board to consider that all that the elevation drawings did not properly represent the house and that much of the house would be set further back. Vice-Chair Glassner believed this was why it would to help to see a model of the property. Mr. Backus agreed that a model and photos would be helpful. Mr. Bradley said that the house could be rotated for a more direct view of the city, but that design would require a variance. Chair Doyle said the Board is often open to variances if that solves many other problems. The public hearing was closed. Vice-Chair Glassner said he believed some work was needed on the design, acknowledged that the applicant and architect are clearly willing to work with neighbors. He said that he would like to see a model to better visualize the house design. Boardmember Tollini thought the design was beautiful and fit relatively well into the neighborhood, adding that Tiburon is a fairly eclectic mix of housing styles to begin with. He voiced concern about the driveway and retaining walls which would requirel6Y, feet offill at the highest point. He said that some retaining walls may be inevitable, but this design felt like a freeway onramp. He said that the master bedroom wing was fairly vertical and perpendicular to the contour of the hillside, which exacerbates the bulk of the design. He said that he would like to see some sort of alternative considered such as a detached garage. Boardmember Chong said that he liked the design, colors and materials of the house. He felt that this is a difficult site because it sits on a ridge while other houses in the neighborhood are more in the ravine. He said that he said he could look down and see half of the neighbor's swimming pool from the property. He asked that the applicant consider redesigning and repositioning the house to move the building off the ridge and set the house back more into the hillside. Chair Doyle stated that a Mediterranean design is fine if properly done. He said that he understood the need to change the garage and wondered if there was a way to get up to the house if the garage is detached. Planning Manager Watrous suggested a garage and turnaround on a lower level, connecting to the house with an elevator, which would bring the whole driveway down. The Board was receptive to this design alternative. ACTION: It was M/S (Glassner/Chong) to continue the application to the September 18, 2008 meeting. Vote: 4-0. 3. 55 MT. TIBURON ROAD ALEXANDRA PACIFIC TRUST, NEW DWELLlNG/ V ARIANCES/FLOOR AREA EXCEPTION - CONTINUED TO 10/2/08 TIBURON D.R.B. MINUTES #11 8/21108 4 4. VARIANCE FINDINGS STUDY SESSION Planning Manager Watrous reported that at the Town Council/Planning Commission/Design Review Board workshop held earlier this year it was suggested that a variance and findings study session be held by each of the three groups at future meetings based on an internal training session held by staff earlier in the year. He said that the Planning Commission held its study session in June. He reviewed the four findings needed to approve a variance. He stated that the finding for special circumstances needs to be based on a physical aspect of the property and depends on what is around it. He said that the finding that the variance would not be a grant of special privileges must indicate similar variances for other properties in the neighborhood or in the similar zone. For a finding of a practical difficulty or necessary hardship, he said that self- created hardships, especially those that are not a related to the property itself, are not to be considered. He said that a variance should not be related to the characteristics of the applicant, but rather to a physical hardship on the property, and that design issues are not sufficient justification for a variance. He said that the finding that a variance would not be detrimental to the public is usually straightforward, and that input from neighbors helps determine if the variance would create a problem or not. There were no questions or comments from the Board. F. ADJOURNMENT The meeting was adjourned at 8:35 p.m. TIBURON n.R.B. MINUTES #11 8/21/08 5 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 DIGEST Action Minutes Regular Meeting 1 Tiburon Planning Commission · August 27, 2008 - 7:30 PM ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL 7:30 PM Chairman O'Donnell, Vice Chairman Kunzweiler, Commissioner Corcoran, Commissioner Fraser, Commissioner Frymier All Commissioners Present 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. There Were None COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report PUBLIC HEARING L 215 BLACKFIELD DRIVE: ANNUAL REVIEW OF CONDITIONAL USE PERMIT FOR KOL SHOFAR SYNAGOGUE AND APPURTENANT DAY SCHOOL; FILE #484040(C); Congregation Kol Shofar, Owner; Assessor's Parcel No. 034-291-31 [DW] Use Found in Substantial Compliance with Conditional Use Permit MINUTES 2. PLANNING COMMISSION MINUTES Regular Meeting of August 13,2008 Approved a.~ Amended (5-0) Tiburon Planning Commission Action Minutes August n, 2008 Page I ADJOURNMENT 7:50 PM Tiburon Planning Commission Action Minutes August 27, 2008 Page 2 ~j ACTION MINUTES #12 DIG~ "8-,. TIBURON DESIGN REVIEW BOARD THURSDAY, SEPTEMBER 4, 2008 1505 TlBURON BOULEVARD A. ROLL CALL: Present - Chair Doyle, Boardmembers Chong, Glassner and Tollini Absent - None Ex-Officio - Community Development Director Anderson, Associate Planner Tyler B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. CONSENT CALENDAR 1. 2. I Main Street 9 Main Street Caffe Acri Servino Ristorante Sign Permit CONTINUED TO 10/16/08 Sign Permit CONTINUED TO 10/16/08 E. OLD BUSINESS BEFORE THE BOARD 3. 110 Rolling Hills Rd. Littman New Dwelling APPROVED F. NEW BUSINESS BEFORE THE BOARD 4 20-22 Main Street Zelinsky Properties New Commercial Building APPROVED G. APPROVAL OF MINUTES #11 OF THE 8/21/08 DESIGN REVIEW BOARD MEETING H. ADJOURNMENT - 7:55 P.M. BOARD OF DIRECTORS MARIN COUNTY OPEN SPACE DISTRICT /)IG~ ~s.,. ,r ".,C AGENDA Board of Supervisors Chambers Marin County Civic Center Tuesday, September 9, 2008 11 :35 a.m. Agenda items will be heard at the time specified or later, depending on the progress of the meeting. A Approval of Minutes frorn the rneeting of August 12, 2008. B. Board of Directors' rnatters. C. Open tirne for public expression, up to three rninutes per speaker, on iterns not on the Open Space District Agenda. D, General Manager's report. E. Authorize President to execute an agreernent with the Marin Conservation Corps in the arnount of $140,000 for drain rnaintenance, vegetation rnanagernent and other maintenance work on open space preserves. Recommended action: Approve F. Authorize President to execute agreernent with the Marin Conservation Corps, in the arnount of $32,000 to partner with the AmeriCorps Environrnental Restoration Prograrn and Ecosystern Managernent Crew to participate in rnultiple land stewardship initiatives. Recommended action: Approve G. Authorize President to execute agreernent with Pacific Watershed Associates, Inc, in the arnount or $43,734 for rnanagernent of the San Geronirno Habitat Irnprovernent Project irnplernentation. Recommended action: Approve ~u ..... .... .~. ~rI ,.,. Late agenda material can be inspected in the office of the Parks and Open Space Department between the hours of 8:30 a.m. and 4:30 p.m The office is located in Room 260 of the Marin County Civic Center. 3501 Civic Center Drive. San Rafael. California. American Sign Language interpreters may be requested by calling (415) 499-6172 (TTY) or (415) (499-7331) (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon written request. The Board Agenda is available on the internet at htto:/WVv'\IV.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm. The Board meeting is broadcast live over the Internet at htto:flwww.co.marin.ca.us/depts/BS/Archive/Meetinas.cfm. A copy of the Board of Supervisors agenda will be faxed upon request by dialing (415) 499-6060 and entering" 181" after the brief introductory message. OPEN SPACE DISTRICT AGENDA FOR SEPTEMBER 9, 2008 MEETING r ay.::o 1 : '