HomeMy WebLinkAboutTC Digest 2009-09-11TOWN COUNCIL WEEKLY DIGEST
Week of September 7 -11, 2009
Tihlirnn
1. Letter -Ann Danforth - Status of Hacienda Drive
2. Letter - Marilyn Siewert - Request Wayne Family Allow Small Access Thru
Their Property
3. Letter - Monterossa Bd. Of Directors - Eradication of Invasive Weeds
4. Monthly Report - Office of Design Review - August 2009
5. Yearly Recap - Design Review Submittals - August 2009
6. Letter - Neal Talley - Require Certification for Electricians/C10 Contractors
Agendas & Minutes
7. Agenda - Planning Commission - September 9, 2009
8. Agenda - Design Review Board - September 17, 2009
9. Minutes - Planning Commission - August 26, 2009
10. Action Minutes - Design Review Board - September 3, 2009
11. Action Minutes - Planning Commission - September 9, 2009
12. Meeting Cancellation - POST - September 15, 2009
Regional
o-
a) Invitation - Ferrari & Maserati Re-Opening - September 16, 2009
b) Western City - September 2009
c) Zero Breast Cancer - Newsletter - Fall 2009
d) UCLA Extension Programs - Public Policy Programs Fall 2009
e) Invitation - Discussion on Preservation of Social Security & Medicare -
September 14, 2009 - Petaluma
f) Risk Matters - ABAG Newsletter - Summer 2009
g) Service Matters - ABAG Newsletter - Sept/Oct. 2009
h) News - Marin Conservation League Newsletter - Sept/Oct. 2009
Agendas & Minutes
i) None
* Council Only
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Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • www.ci.tiburon.ca.us
Office of the Town Attorney
415.735.7370 / adanforth@ci.tiburon.ca.us
Marylyn and Peter Siewert
146 Hacienda Drive
Tiburon, CA 94920
September 3, 2009
Re: Status of Hacienda Drive
Dear Mr. and Mrs. Siewert:
Thank you for your letter of August 22, 2009. Please let me assure you that the Town
has done nothing to affect your rights to use Hacienda Drive, nor have we
extinguished any public easements over the road.
The historical background of the road will help to clarify the situation. The Town's
easement stems from a 1958 deed from the Pedersens to the Reisingers. The
Pedersens granted the Reisingers the parcel that the Town ultimately acquired,
together with an access easement over what is now known as Hacienda Drive.
Hacienda Drive is public from Trestle Glen until approximately 117 Hacienda Drive.
For many years, the Wayne family has owned the land underlying the upper portion
of Hacienda Drive, that is, from No. 117 to No. 180, which is the portion that is
subject to the Town's easement (note that a short stretch of the paved road actually
veers out of the record easement). I understand that the parcels fronting this privately
owned portion of Hacienda Drive were created by deeds containing independent
access easements. Accordingly, the Town's settlement agreement with the Wayne
property did not affect your "legal frontage" on Hacienda Drive, nor the boundaries
of the Del Mar Assessment Districts.
If you have any further questions, please do not hesitate to call me.
Very truly yours,
Ann R. Danforth
Town Attorney
cc: Margaret A. Curran, Town Manager
Scott Anderson, Director of Community Development
Town Council Digest
DIGEST RECEIVED 7i
September 4, 2009
Hi Vich
TOWN MANAGERS OFFICE
TOWN OF TIBURON
SEP - 9 2009
You should be aware that a lot of disgruntled neighbors got together Wednesday night
regarding their inability to access the public property that is beyond your home.
As we have spoken before, the Tiburon Ridge Association was formed in 1967 for the
purpose of maintaining our road as a private road. Without the Association's
perseverance in this regard, the Town would have long ago turned it into a public access.
Since that time, the Association has paid for "private road" signs at both ends of the road
(replaced when worn), maintained the pavement, physically closed the road yearly (often
employing security service to open and close gates), fended off Rabin when he wanted to
access our road, etc. There is a detailed journal that has documented the expenses of the
Association to this end.
Since your settlement with the Town, there has been great benefit of lower traffic use.
The `no turn around" signs have greatly decreased unauthorized traffic, and I am sure
you have felt the benefits of this as have we all.
The neighbors feel justified in their anger. Now they have been denied the right that they
created by years of perseverance. Now they are denied by you their access to public
property. This property has always been public - owned previously by the public school
district and now open space - and has always been accessible to the Tiburon Ridge
Association members via their private road.
It is requested by your neighbors, the members of the Tiburon Ridge Association, that
you allow a two to three foot access through your gate or combination to open the gate
for passage of the members. This is a reasonable request since the privacy of this
property has been kept by their diligence.
The members of the Association requested that I write this letter and hope that you will
respond promptly.
Thank you,
For the members of the Tiburon Ridge Association
Marylyn Siewert, President
DIGEST j
Ms, Peggy Curran, Town Manager
1505 Tiburon Blvd
Tiburon, Ca 94920
Re: invasive weeds at Monterossa at Tiburon Homeowners Association
Regarding your letter of June 17 2009, I met with Joel Brewer, public works to learn
the location of the Pampas grass and what he recommended, to the board, for eradication.
Our landscape company has removed the two areas of Pampas grass on our premises,
disposing of same, effective today 09/04/09.
We appreciate your letter calling this to our attention.
Monterossa Board of Directors
Cc: Joel Brewer, Public Works Superintendent
RECEIVED
SEP - 9 2009
TOWN MANAGERS OFFICE
TOWN OF TIBURON
TOWN OF TIBURON "ICA
OFFICE OF DESIGN REVIEW
MONTHLY REPORT
AUGUST 2009
DESIGN REVIEW BOARD APPLICATIONS: NUMBER SUBMITTED
► NEW SINGLE FAMILY RESIDENCES 1
► MAJOR ADDITIONS/ALTERATIONS 1
► MINOR ADDITIONS/ALTERATIONS 5
► (not eligible for Staff Review)
► SIGN PERMITS
► TREE PERMITS
► VARIANCE REQUESTS
► FAR EXCEPTIONS REQUESTS
► EXTENSION OF TIME
STAFF REVIEW APPLICATIONS:
Review of minor exterior alterations and additions of less than 500
square feet.
0
4
7
4
0
11
2008
1
2
1
0
3
2
0
0
13
APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL
Lacey - Appeal from Design Review Board Approval of Construction of a New Single Family
Dwelling at 166 Rock Hill Drive
Boris et al - Appeal from Design Review Board Approval of Construction of a New Single Family
Dwelling at 22 Mercury Avenue
2
0
~I
REPORT PREPARED BY: Connie Cashman, Planning Secretary
DATE OF REPORT: September 1, 2009
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September 1, 2009
Peggy Curran
Town Manger
1501 Tiburon Blvd.
Tiburon, CA 94920
RECEIVED
SEP - 3 2009
TOWN MANAGERS OFFICE
TOWN OF TIBURON
Dear Ms. Curran,
In 2002, then Governor Grey Davis signed into law AB 1087. This law "requires
certification for all persons who perform work as electricians for Contractors licensed
as C-10 Electrical Contractors." The stated purpose of the legislation is to "raise the
professional level of electricians and thereby improve safety." The standards for the
legislation were set in 2004. To this date the law has been largely ignored.
Every time an inspector signs off on electrical work without checking for certification
they are endorsing illegal work. Eventually this liability and responsibility could
possibly be placed on the jurisdiction that allowed the work to be done without
verifying the certification of the installers.
Not only is there potential for a huge liability for the jurisdiction that ignores
enforcement, it is unfair to the highly skilled and very qualified workers that have
gone through the process and passed the test. Every day electrical work is being
done in Marin County by day laborers and uncertified electricians. General
Contractors are using unskilled people on a daily basis putting property and safety at
risk. General Contractors are not exempt from enforcement. They need to have
either the proper classification (C-10) or they need to hire a licensed contractor. This
is the one trade where you need to have qualified individuals doing the installations
to protect property and the lives of the occupants.
I recently lost a job on a million dollar home when the General Contractor and home
owner decided to use day laborers to do all of the wiring and installations instead of
hiring the proper people.
The law has a clear and valuable purpose. Obtaining certification is not an easy
process but it insures that the individuals performing electrical installations are
properly trained and knowledgeable.
It is time to begin enforcement. For every certified electrician there can only be one
apprentice and they have to be under the direct supervision of the certified
electrician. Several jurisdictions in Southern California won't issue building permits
without seeing the certification cards of the electricians working for the applicant.
All it would take is the inspector simply asking to see the Certification Cards of the
electricians that are doing the installation when the permits are issued and before
signing off on the work. This would insure that qualified people are involved in the
project and that it would be properly completed.
Every day licensed and qualified people like myself are losing work to people who
have no business doing electrical work. I went through the process and not only
have my Electrical Certification as a General Electrician (#141452), 1 am also a C-10
contractor (#936240).
Enforcement of the current law is very easy and will assure that work done in the
field is done properly and safely.
Sincerely,
Neal Talley
Talley Electrical Services
415-720-5057
cc: Scott Anderson
Director of Community Development
Ann Danforth
City Attorney
TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Tiburon Planning Commission
1505 Tiburon Boulevard September 9, 2009 - 7:30 PM
Tiburon, CA 94920
AGENDA D/GFsr
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL
Chairman Kunzweiler, Vice Chairman Fraser, Commissioner Corcoran, Commissioner Frymier,
Commissioner O'Donnell
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. END OF STONY HILL ROAD: TENTATIVE SUBDIVISION MAP
APPLICATION FOR THE CREATION OF THREE LOTS ON A 5.6 ACRE
PARCEL; LING RESIDENTIAL PROJECT (PD#24) FILE #60901; Joe Ling, et al,
Owners and Applicants; Assessor's Parcel No. 055-261-10 [DW]
2. REVIEW OF COMPREHENSIVE REFORMATTING AND TEXT
AMENDMENTS TO THE TIBURON ZONING ORDINANCE; FILE #MCA
2008-09 (Continued from August 26, 2009) [DW]
MINI 1TF.R
3. PLANNING COMMISSION MINUTES -Regular Meeting of August 26, 2009
Tiburon Planning Commission September 9, 2008 Page 1
ADJOURNMENT
Future Agenda Items a090909
Zoning Ordinance Update (September 23 and ongoing
Alta Robles (Rabin/SODA) Residential Development Draft EIR (September 23)
Tiburon Planning Commission September 9, 2008 Page 2
DESIGN REVIEW BOARD
AGENDA
TOWN OF TIBURON DATE: 9/17/09
1505 TIBURON BOULEVARD MEETING TIME 7:00 P.M.
TIBURON, CA 94920 AGENDA NO.: #16
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 name for the record; (3) State views/concerns succinctly; (4) Limit
presentation to three minutes; (S) 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 Chong, Boardmembers Doyle, Kricensky, Tollini and Wilson
B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA)
C. STAFF BRIEFING
D. NEW BUSINESS BEFORE THE BOARD
1. 13 Roseville Court Van Dusen Retaining Wall/Variance
2. 83 Claire Way Kamloonwasaraj Garage Conversion
3. 77 Round Hill Road Weissensee Modifications/Variance
E. APPROVAL OF MINUTES #14 OF THE 8/20/09 DESIGN REVIEW BOARD MEETING
F. APPROVAL OF MINUTES #15 OF THE 9/3/09 DESIGN REVIEW BOARD MEETING
G. ADJOURNMENT
"PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER"
q0
PLANNING COMMISSION DIG*, &V*4 a
MINUTES NO. 986
August 26, 2009
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL:
Vice-Chair Fraser called the meeting to order at 7:30 p.m.
Present: Vice-Chair Fraser, Commissioners Corcoran, Frymier, & O'Donnell
Absent: Chair Kunzweiler
Staff Present: Director of Community Development Anderson and Minutes Clerk Levison
ORAL COMMUNICATIONS:
There were none.
COMMISSION AND STAFF BRIEFING:
Director of Community Development Anderson provided the following briefing:
• Commissioners should have received the Alta Robles Draft EIR, which the Commission
will take public comment on at the September 23, 2009 meeting;
• The Neighborhood Association Summit will take place this Saturday, August 29 from 10
a.m. to 12 p.m. in the Council Chambers.
Commissioner Frymier asked if the Commission will provide comments on the Alta Robles
Draft EIR. Mr. Anderson stated that the Commission's primary role is to accepting public
comment on the DEIR, but that the Commissioners may provide comments of their own at the
meeting, or submit them in writing.
Commissioner O'Donnell said the Alta Robles property is spectacular and asked if a field trip of
the project site is scheduled. Mr. Anderson said that he would look into it and get back to the
Commission.
PUBLIC HEARING:
1. END OF PARENTE ROAD AND END OF ANTONETTE DRIVE: PRECISE
DEVELOPMENT PLAN TO CREATE TWO BUILDING SITES ON A 10.2 ACRE
PARCEL; FILE #30703; Lionel Achuck, Owner; Tom Newton Applicant;
Assessor's Parcel No. 038-111-16 (Continued from July 22, 2009)
This item was continued without discussion to the meeting of October 14, 2009.
TIBURON PLANNING COMMISSION MINUTES - AUGUST 26. 2009 MINUTES NO. 986 PAGE I
2. INTRODUCTION AND OVERVIEW OF COMPREHENSIVE REFORMATTING
AND TEXT AMENDMENTS TO THE TIBURON ZONINIG ORDINANCE; FILE
#MCA 2008-09; CONTINUED FROM JULY 229 2009
At the June 24, 2009 Planning Commission meeting, the Commission began its review of the
Town's update to the Tiburon Zoning Ordinance. At that time, the Commission reviewed all of
Article I and part of Article II. The Commission reviewed the remainder of Article II at the July
85 2009 meeting. The Commission reviewed Article III at the July 22, 2009 meeting. The public
hearing was continued, with staff directed to prepare summaries of Articles IV, V, & VI for the
August 26 Planning Commission meeting.
Commissioners provided various corrections and minor wording changes. They discussed the
following sections in greater detail for the purpose of clarification and/or further amendment:
ARTICLE IV
Section 16-40.020 - Exception for Detached Two-Family Dwelling
Referring to Subsection G, Commissioner O'Donnell asked if these exceptions are the equivalent
of a Temporary Occupancy Permit. Mr. Anderson described the circumstances that had caused
this section to be created in recent years. The Town was experiencing situations where
homeowners were constructing detached units on R-2 lots, and later applying for a condominium
conversion. He said the objective of this section is to ensure up front that detached two-family
dwellings, when found appropriate in lieu of attached two-family dwellings for reasons such as
topography and lot characteristics, were not later converted to condominiums.
Section 16-40.030 - Secondary Dwelling Unit
Commissioner Corcoran referred to Subsection H and asked how the revocation of a Secondary
Dwelling Unit Permit would be enforced. Anderson responded that while the Town has never
had occasion to revoke a secondary dwelling unit permit, this section created the process for
doing so. Anderson also noted that in physical terms, just as with any illegal dwelling unit, the
property owner would be required to remove what constitutes the kitchen in a way that satisfies
the building inspector.
Vice-Chair Fraser asked how many secondary dwelling units the Town has. Mr. Anderson
estimated there to be about 35 approved secondary dwelling units. Vice-Chair Fraser asked if
they are clustered in any one particular area of Town. Mr. Anderson responded that they are
fairly well scattered throughout the community and are not clustered.
Commissioner O'Donnell inquired as to the fees for establishing a secondary dwelling unit. Mr.
Anderson explained that the Town's fees are intentionally low, roughly $500, but that associated
water district and sewer district fees can be high, and that the fire district usually requires fire
sprinklers, which can be quite costly.
Section 16-40.040 - Home Occupations
TIBURON PLANNING COMMISSION MINUTES - AUGUST 26. 2009 MINUTES NO. 986 PAGE 2
Referring to Subsection B, Commissioner Corcoran requested a definition of "electronic
commerce." Mr. Anderson said staff would develop one.
Section 16-40.050 - Bed and Breakfast Inns (B&B's)
Commissioner O'Donnell asked if there are many B&B's established in Town. Mr. Anderson
said there are none to his knowledge. He noted that currently, B&B's are allowed with a use
permit in all residential zones except R-2 and R-3, with no standards set. He said that staff
recommended that the number of zones in which these uses could be located should be reduced
to the R-1, R-1-B and RO zones, and that specific standards be adopted for such uses in addition
to the typical conditional use permit findings and conditions. This section contained those
standards.
Commissioner Corcoran stated that Subsections C (Appearance) and F (Signs) seem to be in
conflict, requiring that B&B's remain outwardly indistinguishable from neighboring residences
yet carry signage. Mr. Anderson explained that the sign ordinance already allows, although
greatly limits, the placement of signs on residential uses. He did not envision any inconsistency
resulting from the proposed text.
Vice-Chair Fraser stated that many areas of Town, particularly the Lyford Cove/Old Tiburon
neighborhood, lack adequate parking. He cautioned that B&B's in residential areas could create
a parking situation that the area cannot support and neighbors would not appreciate. He asked for
Commission support to revisit the concept of B&B's within certain areas of the Town.
Mr. Anderson said that, in addition to the standards set forth in this section, any request must
comply with the regular findings set forth by a Conditional Use Permit (CUP). He explained that
any issue making the request incompatible with its surroundings would be basis for denial.
Commissioner Frymier acknowledged Vice-Chair Fraser's concern, but said the ordinance seems
very clear to her and that a CUP process should be sufficient.
Commissioner Corcoran noted that R-1 and R-2 zones in Old Tiburon are closely intertwined; it
seemed like a natural area for B&B's and he thought the distinction between the two seemed
arbitrary.
Mr. Anderson stated that R-2 lots are typically smaller than R-1 lots, typically contain 2 units,
and are generally less capable of accommodating the additional parking that would be required
of a B&B use.
The Commission concluded this section is suitable as drafted.
Section 16-40.060 - Seasonal Rental Units
Commissioner O'Donnell commented on the increasing presence of house swaps in the market
place and asked if that would be considered a seasonal rental. Mr. Anderson read from the
definition, noting that house swaps typically do not involve any payment and therefore, would
not be considered a seasonal rental.
TIBURON PLANNING COMMISSION MINUTES - AUGUST 26, 2009 MINUTES NO. 986 PAGE 3
Commissioner O'Donnell referred to Subsection A (2) and asked what type of periodic
inspections a seasonal rental might be subject to.
Commissioner Corcoran asked why the previous section (B&B's) does not contain a similar
requirement for inspections.
Mr. Anderson clarified that any use involving a use permit is subject to periodic inspections. He
explained that the requirement is intended to provide staff with some measure of oversight,
should such a use become problematic or its compliance with conditions be questioned.
Commissioner Corcoran suggested establishing an inspection ceiling, such as no more frequently
than every six months.
Vice-Chair Fraser noted that this [Seasonal Rentals] is a new ordinance provision and asked if
staff intends to inform the public or simply begin policing activity of these uses. Mr. Anderson
said the ordinance is not retroactive and that staff would do its best to disseminate the
information regarding uses newly regulated. He said local realtors are one of the better
communicators of this type of information.
Commissioner O'Donnell said the inspection requirement seems vague and asked if it could be
omitted.
Commissioner Corcoran inquired and Mr. Anderson confirmed that by nature, use permits
require the ability to perform inspections to ensure compliance with conditions of approval.
Commissioner Corcoran supported the request, stating that by technical definition, anyone even
advertising their home for short-term rental would be subject to these inspections.
Vice-Chair Fraser concurred.
Commissioner O'Donnell said the need for a CUP does not seem enforceable and suggested the
Commission revisit that requirement.
Vice-Chair Fraser said the entire section seems more broad than is necessary and that he would
prefer to forego a CUP in favor of staff review. Mr. Anderson explained that staff has learned,
from other communities with similar attributes to Tiburon, that seasonal rentals can present
serious issues. He said that in light of that information, staff has recommended the CUP process
to address any problems that may arise with seasonal rentals.
Commissioner Frymier asked why the term only applies to rentals lasting fewer than 31 days.
She asked and Mr. Anderson confirmed that she would technically require a CUP to rent out her
home for a long weekend. To her first question, Mr. Anderson explained that the 31-day time
frame is intended to exclude regular month-to-month leases, which are commonplace. He said
the primary intent of this section is to regulate single-family homes that are essentially being
used as a commercial business.
Commissioner Corcoran stated that many of these goals are already accomplished elsewhere in
the code. He noted that the renting of single rooms is prohibited and said that seems
TIBURON PLANNING COMMISSION MINUTES - AUGUST 26. 2009 MINUTES NO. 986 PAGE 4
inappropriate given the current economic situation. Mr. Anderson clarified that the renting of a
room in a residence is currently allowed in virtually all residential zones, so long as it is not
creating another dwelling unit by definition.
Commissioner O'Donnell agreed that some oversight is necessary for the protection of the
neighborhood, but said it seems excessive to require a homeowner to obtain a CUP in order to
rent their home out for a week or two.
Vice-Chair Fraser concurred.
Commissioner O'Donnell suggested a stipulation that refers to ongoing or continual seasonal
rentals.
Commissioner Frymier suggested quantifying the term as one that occurs seven or more days at a
time, three or more times per year.
Commissioner Corcoran requested that the language pertaining to advertisement be omitted and
provided the following language, "...for a term of 7-31 days on three or more occasions
annually."
Vice-Chair Fraser suggested that staff borrow language from the other communities mentioned
by Mr. Anderson. Mr. Anderson stated that the provisions of those communities were used in
developing the draft regulations.
The Commission concurred on the need for this oversight, but said the language could be
improved to eliminate certain unintended consequences. Staff was directed to return with a
revised section addressing the Commission's concerns.
Section 16-40.070 - Child Day-Care Facilities
Commissioner O'Donnell cited two applications with which the Commission asked that fencing
or walls contain some sort of sound baffling, noted that they were very contentious hearings, and
suggested that requirement be added to Subsection D (2) (a). Mr. Anderson explained that State
law essentially preempts local governments from applying extra-ordinary noise attenuation
standards in the area of child care uses. He said that in both instances mentioned, the applicant
agreed to those conditions regarding enhanced noise buffering. The legal standard is that
communities may impose only noise limits set forth in their General Plan for residential areas.
Section 16-42.070 - Removal of Discontinued Facilities Required
Vice-Chair Fraser stated that 180 days seems lengthy to allow the removal of equipment from an
abandoned facility and asked how the guideline was established. Mr. Anderson stated that 180
days is widely considered to be a reasonable amount of time to establish true abandonment of a
facility.
Section 16-50.070 - Story Poles
TIBURON PLANNING COMMISSION MINUTES - AUGUST 26. 2009 MINUTES NO. 986 PAGE 5
Commissioner Frymier cited several circumstances where inaccurate story poles proved to be the
source of hearing continuances and general inefficiency in the design review process. She
suggested that the ordinance take a stronger stance and establish clear consequences for
applicants who fail to ensure timely and accurate story pole placement.
Commissioner O'Donnell said that story pole plans must be surveyed for accuracy.
Commissioner Frymier acknowledged that but reiterated her comments. She added that in some
instances, an applicant has made changes to a design but failed to reflect them in the story poles.
Mr. Anderson said it is fairly standard to continue an item because the applicant fails to erect the
required story poles in a timely fashion. He confirmed that certification by a surveyor is required
for the original story pole arrangement, but not always for project revisions.
Vice-Chair Fraser suggested the addition of language that would require notification or
certification when the original story pole plan is altered. Mr. Anderson stated that staff has
historically used its discretion to determine the need for any recertification of story pole changes.
Commissioner O'Donnell asked why connecting material between story poles is only required
for appeals heard by the Town Council. Mr. Anderson stated that the Council is not typically
familiar with these projects and has specifically asked for this level of visual assistance.
Commissioner O'Donnell acknowledged that tape or string is often quickly torn down by winds,
but said that each architect has a different concept of story pole plans and such demarcation
would be helpful to both the Board and a project's neighbors.
The Commission directed staff to, on a case-by-case basis as deemed appropriate, direct
applicants to connect a project's story poles prior to design review.
Section 16-52.020 - Site Plan and Architectural Review
Commissioner O'Donnell said the Town's design review process does not always consider the
characteristics of hillside design, particularly in terms of floor area ratio. He asked if, in the
instance that a home is remodeled within an existing variance, the Town requires an additional
variance fee during the project's design review process. Mr. Anderson said a variance fee would
only be required if the applicant expanded upon the existing nonconformity.
Commissioner O'Donnell asked if the same would be true on a 50% remodel that expands upon
the existing footprint. Mr. Anderson said only if the project crossed the threshold into what is
considered "new construction".
Commissioner O'Donnell said that the majority of homes undergoing full remodel are typically
of an age that current zoning standards did not exist at the time of construction. He noted that
many of these homes are already within front or side yard setbacks because of the way that
zoning was applied after construction. He asked if the Town treats these homes with greater
leniency in terms of variances. Mr. Anderson said that all demolitions are expected to comply
with the standards of the zone and must apply for any necessary variances. He said they are often
TIBURON PLANNING COMMISSION MINUTES - AUGUST 26, 2009 MINUTES NO. 986 PAGE 6
granted, particularly if the new construction mirrors what was previously in place, but the
applicant is charged the fee for the variance.
Section 16-52.040 - Conditional Use Permit
Commissioner Frymier cited a concern about CUP's falling out of compliance with their
conditions of approval over time. She said that it seems contradictory to keep an up-to-date
CUP, like that for St. Hilary's Church, on an annual review schedule when poorly drafted and
archaic CUP's, like that for the Belvedere-Hawthorne Nursery School, are never reviewed. She
suggested that CUPs should be subject to expirations or that the language provide some means of
reviewing those that are not currently subject to periodic review.
Mr. Anderson acknowledged the concern, stated that the Town now takes a different approach to
complicated CUP's than was used decades ago, and assured her that the issues surrounding the
particular use in question continue to be watched by staff and have been largely resolved.
Vice-Chair Fraser said that if any of the uses in question applied for some sort of amendment, the
Commission would have the opportunity to institute some sort of periodic review as a new
condition.
Section 16-52.060 - Precise Development Plan
Referring to Subsection F, Vice-Chair Fraser noted that the economic climate may well result in
funding issues that do not allow projects with an approved Precise Development Plan to move
forward. He said that in those instances, the developer may need to sell the property, that it may
take considerable time, and cautioned that attaching an expiration date to the plan may be
wasteful and prohibitive. Mr. Anderson explained that he could not recall a Precise Development
Plan actually expiring during his tenure as such projects almost always are followed by
tentative subdivision map approval that adds years to the life of a project. He added that time
extensions for Precise Development Plan approvals are also available, and that many have been
granted without any controversy over the years.
ACTION: It was M/S (O'Donnell/Corcoran) to continue the public hearing to September 9,
2009. Motion carried 4-0.
MINUTES:
5. PLANNING COMMISSION MINUTES - Regular Meeting of July 22, 2009
Commissioner O'Donnell provided the following amendment to the minutes:
Page 6, 4th paragraph - "Commissioner O'Donnell questioned and confirmed that
motorcycles are currently allowed to park at the ferry btildin plaza."
ACTION: It was M/S (O'Donnell/Corcoran) to approve the minutes of July 8, 2009, as amended.
Motion carried 4-0.
TIBURON PLANNING COMMISSION MINUTES - AUGUST 26. 2009 MINUTES NO. 996 PAGE 7
ADJOURNMENT:
The Planning Commission adjourned the meeting at 9:19 p.m.
JIM FRASER, VICE-CHAIRMAN
ATTEST:
SCOTT ANDERSON, SECRETARY
TIBURON PLANNING COMMISSION MINUTES - AUGUST 26, 2009 MINUTES NO. 986 PAGE 8
io'
W b
ACTION MINUTES #15
A. ROLL CALL: Present: Boardmembers Doyle, Kricensky and Wilson
Absent: Chair Chong and Boardmember Tollini
Ex-Officio: Planning Manager Watrous, Associate Planner Tyler, Assistant
Planner Phillips and Minutes Clerk Rusting
B. STAFF BRIEFING
TIBURON DESIGN REVIEW BOARD
THURSDAY, SEPTEMBER 3, 2009
1505 TIBURON BOULEVARD
C. OLD BUSINESS BEFORE THE BOARD
1. 22 Juno Road
Amir
Additions/Variance APPROVED
D. NEW BUSINESS BEFORE THE BOARD
2. 41 Mercury Avenue Tinto/DePaolo
3. 12 Place Moulin Orvis
E. ADJOURNMENT - 7:30 PM
New Dwelling/Variances APPROVED
Additions/Variance/Floor Area Exception
APPROVED
ll~
TOWN OF TIBURON Action Minutes - Regular Meeting
Tiburon Town Hall Tiburon Planning Commission
1505 Tiburon Boulevard September 9, 2009 - 7:30 PM
Tiburon, CA 94920
ACTION MINUTES
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL At 7:30 PM
Chairman Kunzweiler, Vice Chairman Fraser, Commissioner Corcoran, Commissioner Frymier,
Commissioner O'Donnell
ORAL COMMUNICATIONS There Were None
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. END OF STONY HILL ROAD: TENTATIVE SUBDIVISION MAP
APPLICATION FOR THE CREATION OF THREE LOTS ON A 5.6 ACRE
PARCEL; LING RESIDENTIAL PROJECT (PD#24) FILE #60901; Joe Ling, et al,
Owners and Applicants; Assessor's Parcel No. 055-261-10 [DW] Approved 5-0
2. REVIEW OF COMPREHENSIVE REFORMATTING AND TEXT
AMENDMENTS TO THE TIBURON ZONING ORDINANCE; FILE #MCA
2008-09 (Continued from August 26, 2009) [DW] Continued to 9123109
MINUTES
3. PLANNING COMMISSION MINUTES -Regular Meeting of August 26, 2009
Approved as Amended 5-0
Tiburon Planning Commission September 9, 2008 Page 1
Action Minutes
ADJOURNMENT At 9:05 PM
Tiburon Planning Commission September 9, 2008 Page 2
Action Minutes
/2.
0
NOTICE OF MEETING ~~FsT
CANCELLATION
THE REGULAR
PARKS, OPEN SPACE AND TRAILS
COMMISSION
MEETING SCHEDULED FOR
TUESDAY, SEPTEMBER 15, 2009
HAS BEEN CANCELLED.
THE NEXT MEETING OF THE
PARKS, OPEN SPACE AND TRAILS
COMMISSION
WILL BE THE REGULARLY
SCHEDULED MEETING ON
TUESDAY, NOVEMBER 17, 2009
NICHOLAS NGUYEN, SECRETARY