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HomeMy WebLinkAboutTC Digest 2009-09-25TOWN COUNCIL WEEKLY DIGEST Week of September 21-25, 2009. Ti h» rnn 1. Letter - Phil Bartlett - Paradise Dr. Traffic Impact from Martha Project 2. Letter - Notice Of Planned Electric Service Interruption Agendas & Minutes 3. Minutes - Hilarita-Tiburon Ecumenical - July 13, 2009 4. Minutes - Belvedere - Tiburon Library Agency - July 20, 2009 5. Minutes - Design Review Board - August 20, 2009 6. Minutes - Design Review Board - September 3, 2009 7. Action Minutes - Planning Commission - September 9, 2009 8. Action Minutes - Design Review Board - September 17, 2009 9. Action Minutes - Planning Commission - September 23, 2009 10. Agenda - Design Review Board - October 1, 2009 Regional o a) Memo - ABAG - Notice of Election of President and Vice President's b) Meeting notice - Caltrans - Hwy 101 Corridor - Greenbrae /Twin Cities' c) Bayside - Newsletter - Romberg Tiburon Center - Fall 2009 d) Connections - Newsletter - Center for Civic Partnerships - Fall 2009 e) Invitation - Film "Saving the Bay-The Story of SF Bay" - Oct. 8 & 15, 2009 Agendas & Minutes f) None * Council Only DIGEST I. PHILIP C. BARTLETT, M. D. RECEIVED 2360 PARADISE DRIVE TIBURON, CALIFORNIA 94920 SEP 21 2009 415-435-7646 TOWN MANAGERS OFFICE bartlettphil i ,yahoo.Com TOWN OF TIBURON SS#566-52-2793 SEPTEMBER 18,2009 TO: TIBURON TOWN COUNCIL RE: MARTHA CONSTRUCTION TRANSPORTATION I HAVE LIVED ON PARADISE DRIVE FOR 20 YEARS. PARADISE IS A VERY BUSY STREET AND VERY FEW DRIVERS OBEY THE SPEED LIMIT. THERE ARE QUITE A FEW SMALL CHILDREN ALONG THE ROAD AND IT IS OFTEN PACKED WITH BICYCLISTS. WHEN LARGE AND NUMEROUS CONSTRUCTION VECHICLES ARE ADDED TO THE EQUATION IT BECOMES DANGEROUS ESPECIALLY IN THE CURVES AT THE STONE TOWER. I AM ALSO CONCERNED ABOUT THE DAMAGE HEAVY CONSTRUCTION EQUIPMENT WILL HAVE ON OUR EXPENSIVE RECENTLY INSTALLED UNDERGROUND BOXES. THE SOLUTIONS TO THIS PROBLEM REQUIRE ALTERNATE ACCESS ROADS PERHAPS FROM THE TRESSLE GLEN END OR HILLHAVEN AND A CENTRALIZED PARKING AREA AND VAN TRANSPORTATION OF WORKERS TO THE SITES PERHAPS ON A 30 MINUTE SCHEDULE-40 PICKUP TRUCKS WITH ONE OR TWO PASSENGERS IS NOT PRACTICAL. MOVEMENT OF HEAVY EQUIPMENT SHOULD BE MINIMIZED AS MUCH AS POSSIBLE. YOU FOR YOUR CONSIDERATION. PHIL BARTLETT 11P Pacific Gas and Electric Company' September 21, 2009 TOWN OF TIBURON 1505 TIBURON BLVD TIBURON, CA 94920-2530 003284 RECEIVED SEP 2 3 2009 TOWN MANAGERS OFFICE TOWN OF TIBURON 2,16 D119EST NOTICE OF PLANNED ELECTRIC SERVICE INTERRUPTION Dear Valued Customer, PG&E will be temporarily interrupting your electric service in order to safely perform the following work in your area: Repair Transformer If this letter was received at a location other than your service address, please note that ONLY the location(s) being notified within the following vicinity are affected: TIBURON BLVD IN TIBURON Although we will do our best to minimize the length of the service interruption, please be prepared to be without electric service at your affected location on the following date(s) and estimated timeframe(s): Friday, October 2, 2009 from 7:30 AM to 8:00 AM and Friday, October 2, 2009 from 10:00 AM to 10:30 AM If unsafe weather conditions or an unforeseen emergency force us to cancel the work at the last minute, we may be unable to notify you of the cancellation. We greatly appreciate your cooperation and thank you for your patience. If you have any questions or concerns, please contact me at the number below. For general questions about your PG&E service, call our 24-hour customer service center at (800) 743-5000. MAN DY KU MAR (415) 257-3320 Planned Outage Coordinator (SEE REVERSE) Para hablar en Espanol comuniquese al 1-800-743-5000 ® Recyc%d Paper 30% Post-Consumer Waste 60289 8960102884 62-1571 (08/07) It is important to note the following: If you are a landlord or property owner with tenant(s) in the mentioned area on a common meter and the PG&E bill is in your name, it is your responsibility to notify the tenant(s). If you are a homeowner's association or property management company receiving this notice, please do not distribute to members of the association. This notice is to alert you of the planned outage that will impact one or more of your meters. All affected PG&E customers living in the vicinity of this planned outage will receive a notice. Cancellation of work at the last minute without notice to you can occur. This would occur due to unsafe weather conditions or an unforeseen emergency. In such event, a new notice will be provided to you at a later date. SAFETY NOTICE: The law requires that customers with a permanently installed or portable generator do not connect it to another power source, or the utility electric system, during an outage or at any other time, unless and until specialized switching, testing, and approval has been obtained from PG&E. This is to make sure that electricity from your unit cannot backfeed or flow into PG&E 's power lines. This process protects both you and PG&E. For more information, call us or visit www.p e.com/aenerator. FAILURE TO INSTALL A STANDBY-GENERATOR SAFELY AND PROPERLY COULD ENDANGER UTILITY WORKERS, THE PUBLIC, YOU AND YOUR PROPERTY. Here are a few recommendations to help minimize any inconvenience to you during an electric service interruption: • If you rely on life support devices you may want to consider the following: o Install an Uninterruptible Power Supply on the necessary life support equipment. o Obtain small portable oxygen tanks as back-up. o Find alternate shelter at a location not affected by the outage. • Water: If your water supply is provided from a pump, you will likely be without water during the duration of the outage. You may want to have bottled water available. • Computers and other electronic equipment are particularly sensitive to electric power outages. We recommend unplugging this equipment before the outage period. You should also consider installing a surge protector on sensitive equipment. • Cordless phones will not operate during an electric power outage. * Automatic garage doors require electricity. It is recommended you remove your vehicle prior to the outage. • Security systems, clocks, irrigation timers, and similar equipment will likely require resetting after the outage is completed. • Have on hand battery-powered flashlights with fresh batteries. • Food Safety: During any outage, keep the doors of your refrigerator and freezer closed to help keep food fresh. The U.S. Department of Agriculture states that your freezer should keep food frozen for at least 24 hours, and that refrigerated food should stay safe for up to four hours. If the outage is expected to last longer, you should take additional measures now to prepare. This includes filling a few empty liter-size plastic bottles with water and freezing them, putting them into the refrigerator the day of the outage to keep food cool. As always, before you prepare or eat food that was refrigerated or frozen, check it carefully for signs of spoilage. More information can be found at.www.fsis.usda.aov. The HI Ar1BURON ECUMENICAL ASSOCIATION 100 Ned's Way - Tiburon, California 94920 Officers: President - Keith Lester Vice President - Charles Quick Secretary - Barbara Garcia-Romero Treasurer - Dennis Leary (aka Hilarita-TEA or H-TEA) qtr 2~OQ9~ TOWN MANAGERS OFFICE TOWN OF TIBURON DIRECTORS PRESENT: The Hilarita Residents Association (HRA): Mary Ann Alvarado, Keith Barklow, Nuria Ibars, Joyce Larsen, Dorothy Larson, Gillian Lovejoy. Community Congregational Church (CCC) Liz Jones, Keith Lester St. Stephen's Episcopal Church (SSEC) Anne Brown, Barbara Garcia-Romero, Michael Peters Westminster Presbyterian Church (WPC) Dennis Leary, Richard Leonards, Charles Quick Community At-Large Representative - Town of Tiburon Representative - to be appointed DIRECTORS ABSENT: • = excused OTHER PRESENT: Linda Tilton, Director of Property Management, The John Stewart Co. (JSC) Cherry Reilly, Administrator - The Hilarita Apartments, JSC A QUORUM IS 7 1. MEETING CALL TO ORDER President Lester determined that a quorum was present and called for order at 7:30 PM in the Community Resource Center of The Hilarita Apartments. 2. MINUTES OF THE JUNE 8, 2009 MEETING In the call for approval of the June 8, 2009 minutes followed by comments, it was: M / S / P (M. Peters/B. Garcia-Romero) that the Board approve the June 8, 2009 minutes with these changes: pg. 1 Directors Present, delete Steve Douglas, add Neil Silver; correct spelling for Cafthomas Ford; pg 2, P-3 "A-pellpetition was..." pg 2 #4-3, regarding Carl Weichel, who began his service to the H-TEA Board June 2004. 12 ayes, 1 abstain, 1 silent. 3. OPEN FORUM 1. Barbara Garcia-Romero advised that Cherry Reilly will celebrate her first year anniver- sary on July 14th as the Hilarita Administrator. Comments from the Board were clear, Cherry is one to follow through on matters of residents' interest and those of H-TEA to tackle and complete assignments. A heartfelt applause erupted for her dedication. BOARD OF DIRECTORS MEETING Minutes of July 13, 2009 3 • < 1 > 2. D. Larson stated concern over the bark chips installed with the new landscaping project noting that the topping does not allow water to seep through. Charles Quick, Buildings & Grounds, advised that this is not the case because of the drip irriga- tion system. However, he asked that residents do contact Management if a dry space does become evident in the planted areas. 3. N. (bars requested that a repellent be applied to the trash bin areas to deter flies, etc. Also, J. Larsen advised that flies are being seen coming out of the ventilation grills. L President Lester restated the need for residents to follow protocol by reporting promptly to the Office matters such as these and not wait for an H-TEA meeting to call attention to a problem. 4. M. Alvarado said that the exterior lights on the premises are still on at 8 AM. .Cherry Reilly, Administrator, advised that the complaints and `lights on' alert will be tended to by maintenance. 4. CORRESPONDENCE & ANNOUNCEMENTS 1. President Lester read aloud the correspondence sent by H-TEA's Secretary on behalf of this Board which thanked Carl Weichel for his diligence to the mission of H-TEA and its responsibilities, and to let him know that he will be missed. The President thanked Barbara for such "a splendid" farewell letter to Carl. 5. The HIL.ARITA BOARD OF DIRECTORS (HRA) REPORT Meets every third Monday of the month at 73o PM in the Esther midman Community center 1. Gillian Lovejoy read aloud from an HRA Board report concerning: a) alleged H-TEA's President interference with matters of the HRA Board's election process, undermining the transparency the H-TEA Board is seeking; b) that the Open Forum comments of residents and certain H-TEA Directors that were made during the H-TEA Board of Directors meeting of June 8, 2009 were `edited out' of the minutes in review; c) that the proposed H-TEA Bylaw amendment was withdrawn as a result of HRA Board's legal intervention; d) and "that no member of the H-TEA Board can use their position to manipulate political decisions that belong to the residents". Charles Quick advised Ms. Lovejoy that it is a common practice in the Board of Directors sector that the minutes of any meeting is submitted to the presiding President to review for clarity and correctness. President Lester said that H -TEA has but one interest regarding the HRA Board elections - that it follows the HRA Bylaws. He added that residents did approach him prior to the special election held and in every instance the residents were advised to follow the HRA Bylaws and this is confirmed in the HRA Board report read this evening. He said that as to the H-TEA Bylaws proposed amendment, it was at the May 2009 meeting that this matter was tabled. The President said that if the residents' complaints are taken seriously, then the HRA Board would understand that it is not representing the wide spectrum of the residents. Ms. Tilton, JSC, said that in each election, residents have come before the H-TEA Board for help. Consistently they have been advised to follow the HRA Bylaws in an effort to resolve any dispute they may have. The HRA Board report read this evening is very distorted. H-TEA and Manage- ment operate for the betterment of ALL of The Hilarita residents. < 2 > ((With permission of the President - minutes clarification by the Recording Secretary: It is common knowledge that the minutes are not a verbatim form of a comment as. would be required as if in a Court of Law, but are notations of substance. Exceptions could be for any `action' items; and, if a Committee gave the R.S. a report and asked that it be inserted in its entirety. Matters presented at an H-TEA Board meeting that are not directly pertinent to the mission of the H-TEA but are referred to Manage- ment or a Committee, are noted. Open Forum disputes between residents and the HRA Board members that have no correlation to the mission of H-TEA, are briefly noted.)) 2. Gillian Lovejoy asked President Lester if she could continue to tape the meeting as she did at the June 8, 2009 meeting. . President Lester stated that the minutes reflect the events of a meeting. He asked that the recorder be turned off. (it is presumed that this was done, the recorder remained on the table) Following discussion regarding the tape recording of any meetings, it was: M/S/P (R. Leonards/M. Peters) that unless permission is granted, there will be no taping of the H-TEA Board of Directors meetings. 12 aye, 2 nay 3. Gillian Lovejoy stressed dissatisfaction with everyone on the H-TEA Board for the exclusion of old HRA Board members, namely the Past President. She told the H-TEA Board to stop the attack of HRA Board members. K. Barklow accused the President of using his position to run a `bully pulpit'. 6. SECRETARY'S REPORT Barbara Garcia-Romero - no report. 7. TREASURER'S REPORT Dennis Leary advised that he learned that a letter is needed to access the H-TEA's Board bank accounts. In discussion of this matter, it was agreed that Dennis will find out just what is needed in this letter and will contact Barbara Garcia-Romero, Secretary, so that she may prepare what is required. 8. The JOHN STEWART COMPANY PROPERTY MANAGEMENT REPORT A - Linda Tilton, Director of Property Management, reported that: 1. the application for the Green Retrofit Program funding from the American Recovery Act of 2009 is very complicated. Many hours have been spent in completing the forms and making contacts to obtain permission from the two financial institutions who hold the first and second mortgages on this property. We have permission from Midland. Capmark has requested many additional documents. It also requests that with the application a $5,000. non-refundable processing fee be included as well as requesting a non-refundable legal fee retainer of $2,900. made payable to its outside counsel if HUD approves our application and alerting us to the fact that there may be additional fees involved which will be billed directly to us. June 15, 2009 was the earliest date for submitting an application and they will continue to be accepted for a two year period or until June 14, 2011. < 3 > With every thing in place, if we do receive the funding it is likely to be offered at a low interest rate of 1 % to. be repaid out of surplus cash and- from Residual Receipts. One obligation H-TEA Board will agree to make is to extend the affordability of The Hilarita property for an additional 15 years. We have many subjects to handle as was done during the rehabilitation of the property a few years ago. JSC will need resolution from the Board which may be done via e-mail to continue with this process. In discussion, it was recommended that Dennis Leary, Treasurer, work with JSC on this project and to prepare and present the needed resolution for the Board's consideration. B - Cherry Reilly, Administrator, called everyone's attention to the photographs on the CLC walls. These are of residents who experienced a wonderful day on Angel Island for The Hilarita's annual picnic. She then advised that: 1. the office has put together all of the information needed for submission to HUD along with our application to be considered as a special multi-family subsidized property that will benefit from the US Government's "Green Retrofit Program". 2. Management will be working with Marin Municipal Water District (MMWD) to have 47 high-energy, low-flush toilets installed in units where needed. 9. ON-SITE COMMITTEE REPORT Meets fourth Thursday of the month at 600 PM or as needed. Committee: Anne Brown, -c. Nuna lbam, Richard Leonards Anne Brown advised that; 1. she has met with Cherry Reilly, Property Manager, regarding ideas for a "Free Speech Board" for the residents, and she distributed a probable format for such a venture to the Directors. This could provide a venue for announcements by and for the residents about events, programs, opportunities, and issues within The Hilarita community. There would be guidelines for any posting to this special space, and she said that this would be separate from the all-purpose public bulletin board. The Committee will keep the H-TEA up to date on this proposal. 2. The Committee is hoping to find another member to this Committee very soon. 10. BUILDINGS & GROUNDS COMMITTEE REPORT Meets the last Friday of the month at 7.30 AM or as needed. Committee: Charles Quick-c, Mary Ann Alvarado„ Joyce Larsen, Dorothy Larson, Michael Peters Charles Quick - no report. 1 1 . COMMUNITY TRAINING & SERVICE COMMITTEE REPORT CLC Meets the first Friday of the month at 600 PM or as needed. Committee: Barbara Garaa-Romero-c, Barbara Garcia-Romero advised that: 1. the requested grant funds for the Tutorial Program is expected this month for the Fall opening of the Tutorial Program. 2. the tutors left great year-end reviews of our students' progress in the Tutorial Program. 12. FINANCE COMMITTEE REPORT - This report is proprietary and not to be discussed outside of this meeting Meets as needed. Committee: Dennis Leary-c, Dorothy Larson, Michael Peters Dennis Leary - no report. < 4 > 13, OLD BUSINESS There was none. 14. NEW BUSINESS There was none. 15. EXECUTIVE SESSION :This session is confidential and not to be discussed outside of this meeting Ex. Committee: Keith Lester-C, Charles Quick, Dennis Leary, Barbara Garcia-Romero, Nuda lbars y There was no call for an Executive Session. 16. DATE OF NEXT MEETING - SEPTEMBER 14, 2009 The next Board of Directors meeting will be called to order at 7:30 PM in the Community Training & Services Center of The Hilarita Apartments. COURTESY CALL: Please remember that a quorum is required to proceed on any `action' item. If you will be unable to attend this meeting, please contact President Keith Lester (456-6659) or Recording Secretary L.A. Wurl (381-2556), and you may leave a message. Thank you. • Absences: Bylaws ARTICLE 6 Section 6.05, with Board discretion, permit no more than three (3) consecutive or four (4) nonconsecutive meetings to be missed without justification. 17 CALL FOR ADJOURNMENT Without objection, President Lester called for adjournment at 8:55 PM. 2009 Board of Directors Meeting Calendar: (second Monday of each month except May and August) • Annual Meeting/Elections -January 12, • February 9, • March 9, • April 13, - regular business meeting & annual walk around -Saturday May 9 at 9:30 AM, • June 8, • July 13, • August - customarily no scheduled meeting, - September 14, • October 12, • November 9, and, • December 14. L.A. Wurl, Recording Secretary - 07/09 minutes distribution • H-TEA Board of Directors • JSC approved minutes distribution: • Sponsor Churches - Community, St. Stephen's, Westminster •EAH • Marin Housing Authority • Belvedere City Council • Tiburon Town Council • Loren Sanborn, JSC • H-TEA President (if amended) • HRA files • HTEA Secretary files < 5 > Regular Meeting 4, BELVEDERE-TIBURON LIBRARY AGENCY Belvedere-Tiburon Library, Tiburon, California D/c4tosr July 20, 2009 MINUTES Members Present: Lois Epstein, Mary Falk, Beverlee Johnson, Steger Johnson and Bill Kuhns Members Absent: Ann Otter Staff Present: Deborah Mazzolini, Library Director CALL TO ORDER: Chair Johnson called the meeting to order at 6:15PM. E 9 E ~ V E OPEN FORUM: SEP 2 3 2009 No Comment TOWN CLERK STAFF, BOARD AND COMMITTEE REPORTS: TOWN OF TIBURON 1. Chair's Report Chair Steger Johnson said it was a pleasure serving as Chair of the BTLA and thanked the Board and the staff for their work. 2. Election of Officers Chair Steger Johnson entertained nominations for the next fiscal year. A motion to elect Trustee Lois Epstein as Chair made by Trustee Falk and seconded by Chair Steger Johnson, was approved unanimously. A motion to elect Trustee Kuhns as Vice Chair, made by Chair Epstein and seconded by Trustee Beverlee Johnson, was approved unanimously. A motion to elect Tom Perot as Treasurer made by Trustee Steger Johnson and seconded by Vice Chair Kuhns, was approved unanimously. Chair Epstein presided over the remainder of the meeting. 3. BTLF Report - Deborah Mazzolini Director reported on behalf of Carol Kurland. The Governance Task Force will present their recommendations at the BTLF meeting in September. A meeting of the BTLF will be held on Monday, October 5 at 7:00pm. The draft bylaws and other information will be distributed to the entire BTLF in advance of this meeting. The Bookmarks annual fundraiser Blackie's Hay Day is scheduled for Saturday. September 26tH Trustee Beverlee Johnson will act as liaison to the BTLF meeting in September. 4. Library Director's report - Deborah Mazzolini Included in BTLF report. 5. Financial statement for June 2009 There was discussion and questions concerning the cost increases and why the financial statements were close to on target for eleven months and then in the final month there is a jump, increasing expected expenditures from 100% to 103%. Utilities, telecommunications, personnel, and other line items are over budget. The Director informed the Board that the financial statement is preliminary and more information will be available once the audit is conducted. 6. Committee Reports The Director informed the Board that Program Committee Chair Ruth Carlson is dropping back from this role in the next few months. There is a need for new membership on the committee, to delegate responsibility, and decrease the work of the Chair to a manageable level. Trustee Johnson reported that the Film Committee will screen the documentary Consume This in August. The Art Committee will be holding the annual jury in late September/early October. They are meeting later in July to discuss the jury for 2010 and the Gently Used Art Auction which will be held in 2010. Belvedere Tiburon Library Agency Page 2 July 20, 2009 Minutes CONSENT CALENDAR: 7. Approval of minutes of June 22, 2009 8. Approval of warrants and in house check register June 2009 A motion to approve the minutes of June 22nd and the warrants of June 2009 made by Trustee Steger Johnson and seconded by Trustee Falk passed. TRUSTEE CONSIDERATIONS 9. Building Program Expansion update The EIR is underway. The first scoping session was held in May and the next scoping session will probably be scheduled in September. The Community Engagement Committee will expand from six to twelve people. They will be working with the Library on community outreach, organizing both in-library and home events. The purpose is to both educate the community on what the library is doing, what the need for the expansion is, and to eliminate some of the misunderstandings of the project within the community. 10. Marketing, Public Relations and Fundraising The Library Director is working with the various committees to edit the brochures being created. It is hoped to have the small brochure completed by the time the library and home events are scheduled. 11. Employee Handbook The Board discussed the Employee Handbook drafted by attorney Sarah Leger from Gary Ragghianti's office. Two minor changes were suggested. A motion to adopt the Employee Handbook with the recommended changes, made by Trustee Steger Johnson and seconded by Vice Chair Kuhns was approved unanimously. COMMUNICATIONS 12. Monthly calendar It was discussed and decided to keep the August meeting on the calendar until nearer the date. If it is determined that there is no important business, the meeting will be cancelled. 13. Schedule of 2009 meeting dates The December meeting will be held if necessary. It was agreed that the January meeting will be held on January 11th and the February meeting will be held on February 8th. Chair Epstein will be unable to attend the January and the March meetings and Vice Chair Kuhns will preside at those two meetings. 14. Copy of Expansion Funding Agreement between the BTLA and the Belvedere-Tiburon Library Foundation Note was made of the expansion funding agreement form. The Board thanked Tom for all he's done for the Library, for the Agency and for the Foundation. ADJOURNMENT: The regular meeting adjourned at 7:10 pm Respectfully submitted, Deborah Mazzolini Upcoming meeting: Tentatively scheduled for Monday, August 17th at 6:15pm. An email will be sent to ensure a quorum. MINUTES #14 TIBURON DESIGN REVIEW BOARD MEETING OF AUGUST 20, 2009 The meeting was opened at 7:00 p.m. by Chair Chong. A. ROLL CALL Present: Chair Chong, Vice-Chair Tollini, and Boardmembers Doyle and Wilson Absent: Boardmember Kricensky Ex-Officio: Planning Manager Watrous, Associate Planner Tyler, Assistant Planner Phillips, and Minutes Clerk Levison B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous noted that the application for 22 Juno Road was continued to the September 3, 2009 meeting. He stated that the Board's approval of the application for 166 Rockville has been appealed to the Town Council, with a hearing scheduled for September 2, 2009. Boardmember Tollini volunteered to attend the appeal hearing if Boardmember Kricensky is unavailable. D. OLD BUSINESS BEFORE THE BOARD 1. 22 MERCURY AVENUE DIBBLE, SIGNS 22 MERCURY AVENUE DIBBLE EXISTING PROPOSED REQUIRED LOT SIZE 7,884 S.F. NA NA FLOOR AREA 1,762 2,722 2,788 MAX LOT COVERAGE 27% 30.0% 30.0% MAX BUILDING HEIGHT 1716" 2219" 30' MAX SIDE YARDS 5' & 694" 8'6" & 856" 8' FRONT YARD 29' 15' 15' REAR YARD 34' 22' 20% To 25' VARIANCES/EXCEPTION NONE The applicant is requesting Design Review approval for the construction of a new two-story single-family dwelling on property located at 22 Mercury Avenue. The applicant submitted a previous application (File #708189) for construction of a similar new residence on October 21, 2008 which was continued numerous times until the applicant withdrew the request on April 1, TIBURON D.R.B MINUTES #14 8/20/09 2009. On May 6, 2009, the applicants submitted a new application with plans that were identical to those reviewed by the Design Review Board at the December 18, 2008 meeting. At the July 2, 2009 meeting, a new architect for the project indicated that the applicants now intended to submit a new design for the proposed house. The revised house design is substantially different from the design previously reviewed by the Design Review Board. Two bedrooms and one bathroom have been eliminated from the upper floor, reducing the floor area of that level from approximately 1,400 square feet to 975 square feet. The upper level has been moved toward the front of the site to reduce visual and privacy impacts on the neighbors to the side and rear of the site. The footprint and roofline of the house have also been varied to minimize the visual mass and bulk of the house when viewed from the street. Jim Mallot, architect and representative for the applicant, reviewed changes made to the proposed application since it was last presented to the Board. He said that the applicant has reduced the footprint of the second floor, stepped the ground floor back, moved the second floor forward, reversed the location of the garage, and added small gables to reduce the home's overall mass. He said that they attempted to address each individual neighbor's concerns by eliminating, relocating, or resizing windows as well as adding vegetative screening to ensure that short-range views are almost solely of natural elements. He noted that the proposed screening would not cut off any sky or hillside views with the exception of one neighbor who would lose a small portion of their Ring Mountain view. He stated that the project does not require any variances and complies with all applicable codes, and he asked the Board to approve the application. Chair Chong opened the public hearing. Muhammad Sadrieh addressed the Board on behalf of the applicant's neighbors, the Boris family. He stated that the three most treasured assets of a Tiburon home are views, privacy, and sunlight. He said that homes in the Belveron neighborhood are primarily single-story because anything higher would affect those assets. He said that the Boris family would support any reasonable single-story proposal and urged the Board to deny the application until the applicants modify their design to keep light, view, and privacy in mind. Ann Lettrich said that she lives immediately next door to the applicant. She said that when she and her husband added a master suite to their home they placed no windows on the wall facing their neighbors out of respect for their privacy. She said that Mr. Mallott admitted that her yard would be visible from several of the proposed windows. She said her husband's tomatoes are planted along a neighboring fence and the proposed screening would not provide them with sufficient light. Danny Gallagher stated that the applicant seems to have listened carefully to the neighbors' and the Board's suggestions and addressed the major concern pertaining to the mass of the second story. He felt that the design of the home was very nice and stated his support for the application. Jennifer Barnes voiced support for the project. TIBURON D.R.B MINUTES #14 8/20/09 Melissa Elliott said that she understands the need for larger homes with updates and would like growing families to be able to remain in the neighborhood. She said that the project would be a good fit and she supported the application. Dillis Bart said that the applicant has gone to tremendous lengths to address neighbors' concerns. She said that she was strongly in favor of the project and asked the Board to approve the application. Moira O'Neal said that Mr. Mallot informed her that the stovepipe chimneys would be removed from the design and noted that the chimneys were still on the plans. She said that the proposed design simply would not retain her views, but would instead replace her views with screening that would eliminate some of the light into her home. She stated that overgrown screening is already an issue amongst these homes and she asked why they should be forced to deal with more potential problems. She said that back yards are private space which residents should be free to enjoy without feeling as though they are being watched. Jim O'Neal reiterated his wife's comments, stressing that privacy and sunlight are vital features of a home's backyard. He said screening is a Catch-22, that too much allows privacy but no sunlight and too little allows sunlight but no privacy. He recognized the difficulties associated with the applicants' lot but said that its size and proximity to neighbors make it an inappropriate location for a 2-story home. He said that the entire "island" between Apollo Road and Mercury Avenue consists of single-story homes, due in part to the elevation differences between these lots. Mr. Mallot reviewed the potential sun blockage that would be caused by the proposed house in both summer and winter. He said that the proposed house and screening would have no effect on either the Boris or O'Neal homes. He said that the Lettrich property already loses a significant amount of sunlight from its own trees and most of the shadow cast by the proposed vegetation would be cast on existing trees. He confirmed that the stovepipe chimneys would be unnecessary, as the applicant has amended the design to use gas fireplaces. He agreed that sunlight is an important feature in every home and said that he intentionally pushed the proposed house forward to ensure that all neighbor's yards meet in one large open space. Chair Chong noted the location of the roof deck and asked if any thought had been given to reducing its size to minimize intrusion on neighbors. Mr. Mallot said that the applicant would be willing to reduce its size somewhat but he did not believe that such a change would make a significant difference. Chair Chong closed the public hearing. Boardmember Doyle said that the Board had asked the applicants for significant concessions and while few initial changes were made, they have now addressed the Board's concerns. He said that if the fences and screening vegetation were eliminated, the neighbors would see more of the house. He observed that there were many beautiful one-story homes in this neighborhood, but on lots that were much different from this site. He noted that there were not many second stories in Belveron just a few years ago. He acknowledged the difficulties associated with the lot and TIBURON D.R.B MINUTES #14 8/20/09 said that if the applicant changed the proposal to please everyone, the result would be an awkward design that the Board would not likely approve. He shared the concern that the roof deck would overlook the neighbors' yard in an intrusive fashion but aside from that issue, he felt that the applicant had satisfied his other concerns and he could support the project. Vice-Chair Tollini concurred with Boardmember Doyle. He said that despite previous concerns regarding the home's relationship to the rest of the neighborhood, he believed that the setbacks and roofline adjustments make it a reasonable design. He said that while this would be a bit of a change for the neighborhood, restricting homeowners to master suite second story additions would be unfair and would not result in functional designs. He viewed the site from all neighboring properties and while he was concerned with the number of objections from the immediately surrounding neighbors, he did not find any individual concern to be compelling enough to require changes to the house design. He supported staff's recommendation to eliminate the roof deck and said he could support the project with that amendment. Boardmember Wilson said that the Board has historically approved master suite second-floor additions on the periphery of the Belveron neighborhood, and that those projects have not typically been accompanied by potential impacts and neighborhood objections. He reviewed the application's history, noting the applicant's repeated failure to alter their design as recommended by the Board. He said that any project requiring hedges tQ alleviate issues means the project is too large. He said that he visited the project site and felt that the applicant has proposed the right home on the wrong lot, and he could not support the request. Chair Chong stated that he was strongly against the project at its inception but the applicant has made a number of changes to the original design. He said that the "island" referred to by Mr. O'Neal does not make up the entire neighborhood and a 2-story home would be appropriate there. He said that he liked the home design, stating that the overall mass and scale were appropriate. He said that the applicant addressed his concerns by pulling the front of the house back and sloping the roofs away from the neighbors. He voiced support for the application with exception of the roof deck, which he asked to be reduced in size. He felt that a little landscaping growth would also lessen any impacts from the house. Boardmember Doyle noted that the hedges are proposed height to screen the proposed house from the neighbors' lot that is at a higher elevation. Boardmember Wilson said he was speaking to the proposed vegetation on all 3 sides of the lot. He explained that if an application requires vegetation to lessen the impacts of a proposed design on the views and privacy of neighbors, there are underlying issues that have not been properly addressed. Vice-Chair Tollini strongly urged elimination of the roof deck and suggested that the door should be replaced with a high, rather than full, window. Mr. Watrous directed him to the recommended condition of approval that stipulates that the door should be replaced with a window similar to those on the south side of the home. Chair Chong reopened the public hearing. TIBURON D.R.B MINUTES #14 8/20/09 Mrs. Lettrich questioned and confirmed with Mr. Mallot that the proposed box window would be wood sided with the exception of the outward facing pane. Chair Chong closed the public hearing. ACTION: It was M/S (Tollini/Doyle) that the project is exempt from the California Environmental Quality Act and approved the project subject to the attached conditions of approval, with the additional condition of approval requiring that the chimneys for the gas fireplaces be eliminated. Vote: 3-1 (Wilson voted no). 2. 22 JUNO ROAD AMIR , ADDITIONS/VARIANCES - CONTINUED TO 9/3/09 E. NEW BUSINESS BEFORE THE BOARD 3. 107 JEFFERSON DRIVE MALEK, GARAGE CONVERSION/ALTERATIONS 107 JEFFERSON DRIVE MO AND JESSICA MALEK EXISTING PROPOSED REQUIRED LOT SIZE 8,262 S.F. NA NA FLOOR AREA 1,019 1,415 2,826 MAX LOT COVERAGE 17.0% 18.0% 30.0% MAX BUILDING HEIGHT 28'4 1/2" 28'4 1/2" 30' MAX SIDE YARDS 8'&8' 8'& 8' 8' FRONT YARD 15' 15' 15' REAR YARD 25' 25' 25' VARIANCES/EXCEPTION NONE The applicant is requesting Design Review approval for the conversion of a garage into living space and various exterior modifications at an existing single-family dwelling on property located at 107 Jefferson Drive. The home is currently being remodeled. The two-car garage would be converted into a family room, laundry room, master bedroom suite and additional bathroom. A new detached shed would be constructed in the rear yard in order to allow for additional storage space. Various new windows and two new skylights would be added. The front door would be replaced and relocated, towards the existing garage. A new ground mounted A/C unit would be installed along the side of the home. The proposed garage conversion does not meet the standards set forth within the Town's garage conversion policy. Therefore, in accordance with that policy, this application has been referred to the Design Review Board. Morgan Farand, designer, acknowledged that the project does not meet all of the Town's requirements for a garage conversion and he offered to address all design issues to the Board's satisfaction. He said that any additional off-street parking would extend into the existing setback, but as the property line sits 15 feet back from the curb, the applicant felt that there would be an adequate distance from the street to park cars in the driveway. He stated that the existing tree and hedge to the left of the proposed parking area provide substantial screening and while there is no TIBURON D.R.B MINUTES #14 8/20/09 screening on the other side, the adjacent neighbor's property is oriented in the opposite direction. He said that the rear yard shed was proposed at the lowest elevation possible and would be substantially screened. He offered to provide additional vegetation to alleviate any concerns. Chair Chong opened the public hearing. Marcelino Nogueiro said that he and his father live both across and down the street from the applicant. He approved of the applicant's desire to improve her home but said that he would prefer to see a master addition on the rear of the home. He said that several homes on the street have already converted their garages and he disagreed with the concept. Mr. Farand said the that the applicant considered those options but is expecting a baby in 3 months and a rear yard or second story addition would be time and cost-prohibitive. Chair Chong closed the public hearing. Boardmember Wilson said that he had no objection to the concept of garage conversions in Belveron, noting that few residents in the area use their garages for parking. He said that a 15 foot setback is tight and he would prefer it be at least 18 feet. He said that he visited the site and believed that the proposed shed sits in too wet of an area and would negatively impact the immediate neighbors. He said that attempting to screen the structure with a tree would not likely be successful. He encouraged the applicant to limit the shed to fence height. Assistant Planner Phillips noted that the proposed shed would be 8.5 feet tall. Boardmember Wilson said that he would be inclined to minimize the shed height to 6 feet. He wondered why the applicant would propose screening the A/C unit rather than installing one that does not exceed the allowed decibel level. He said that the unit's location could negatively impact the northern neighbor and any attempt at screening may bounce the noise around. He suggested that the unit be relocated to the rear yard where it would be further from neighbors. Mr. Farand said that the applicant was prepared to remove the A/C unit altogether. Vice-Chair Tollini said that he also visited the site and found the existing screening to be suitable. He believed that the driveway space would be more than adequate to provide parking for two vehicles. He said that there is little possibility of constructing a new garage there in the future. He supported Boardmember Wilson's recommendation to decrease the height of the shed and said that he had no problem with the A/C unit as long as it complied with Town policies. He felt that this was a suitable candidate for a garage conversion and he supported the request. Boardmember Doyle said the conversion fits well in the proposed location. He suggested the applicant consider lining the front with paver blocks to create a more aesthetic entry to the home. He said that the proposed shed seemed to be in an odd location and could be tucked around the side of the house. He suggested that the applicant obtain a quieter A/C unit but said that staff's recommendation would be acceptable. TIBURON D.R.B MINUTES 04 8/20/09 Mr. Watrous he noted that the shed was not specifically requested by the applicant and the Board could approve the application without the shed. Chair Chong said that this is a good use of the existing footprint and he has no issue with the proposed conversion given the alternatives. He disliked the height and location of the proposed shed and said that he would prefer to see it eliminated altogether. He said that he had no issue with the A/C unit, provided it complies with the Town's policies. Mr. Farand offered, and the Board accepted, to eliminate the shed. He said that there are systems that could be built into the existing A/C unit to provide noise reduction. ACTION: It was M/S (Wilson/Doyle) that the project is exempt from the California Environmental Quality Act, and approved the project subject to the attached conditions of approval, with the additional condition eliminating the proposed storage shed. Vote: 4-0. G. APPROVAL OF MINUTES #13 OF THE 8/6/09 DESIGN REVIEW BOARD MEETING ACTION: It was M/S (Tollini/Wilson) to approve the minutes of the August 6, 2009 meeting as written. Vote: 4-0. H. ADJOURNMENT The meeting was adjourned at 8:30 p.m. TIBURON D.R.B MINUTES 04 8/20/09 (i % MINUTES #15 TIBURON DESIGN REVEW BOARD MEETING OF SEPTEMBER 3, 2009 The meeting was opened at 7:00 p.m. by Boardmember Doyle. A. ROLL CALL Present: Boardmembers Doyle, Kricensky and Wilson Absent: Chair Chong and Vice-Chair Tollini ATQK 14 * 10/194$4*S Ex-Officio: Planning Manager Watrous, Associate Planner Tyler, Assistant Planner Phillips and Minutes Clerk Rusting B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous noted that the Town Council held a hearing the previous night for the appeal on 166 Rock Hill Road and denied the appeal. He stated that an appeal had been filed for 22 Mercury Avenue and he will inform the Board when the hearing will be scheduled. D. OLD BUSINESS BEFORE THE BOARD 1. 22 JUNO ROAD AMIR, ADDITIONS/VARIANCE 22 JUNO ROAD DANIEL AND NIRAN AMIR EXISTING PROPOSED REQUIRED LOT SIZE 7,356 S.F. NA NA FLOOR AREA 1,378 2,206 2,736 MAX LOT COVERAGE 23.7% 35.0% 30.0% MAX BUILDING HEIGHT 13.5' 14' 30' MAX SIDE YARDS 8'& 6' 8'& 6' 8' FRONT YARD 26' 15' 15' REAR YARD 28' 28' 25' VARIANCES/EXCEPTION EXCESS LOT COVERAGE The applicant is requesting Design Review approval for the construction of additions to an existing one-story single-family dwelling on property located at 22 Juno Road. The project design was reviewed at the July 16, 2009 Design Review Board meeting. At that time, several neighboring property owners objected to the design of the front of the house, particularly the increased height of the house proposed within the front yard setback. Although the Board indicated its support for the requested lot coverage variance, the Board shared the concerns about TIBURON D.R.B. MINUTES #15 9/3/09 the volume of the house within the front yard setback and could not make the findings to approve the setback variance. The application was continued to allow the applicants time to revise the project design. The applicants have now submitted revised plans for the project. The house has been somewhat reduced in size and moved out of the front yard setback. The maximum height of the house has been reduced from 17 feet to 14 feet. The new bedroom and bedroom windows along the front of the house have been reduced in size and bordered with wood trim. The garage door would now be faced with wood and its height has been reduced from 10 feet to 7 feet. The entry has also been reduced in size. A variance is still requested for excess lot coverage, but a variance is no longer requested for reduced front yard setback. Daniel Amir, owner, said that they have improved the project and have addressed the Board's and neighbors' concerns. He said that the height of the house was reduced to 14 feet which would be just slightly higher than the current house. He described how they reduced the size of the windows and garage door on the front of the house and moved the house away from the street by 3 feet to no longer require a front yard setback. He said that they have also reduced the square footage of the addition and amount of the requested lot coverage variance. There was no public comment. Boardmember Wilson stated that he visited the site and had no objections. Boardmember Kricensky said they have addressed all of the Board's issues, and he supported the project. Boardmember Doyle agreed with Boardmembers Wilson and Kricensky and felt that scaling back the size of the house helped. ACTION: It was M/S (Wilson/Kricensky) that the request for 22 Juno Road is exempt from the California Environmental Quality Act approved the project subject to the attached conditions of approval. Vote: 3-0. E. NEW BUSINESS BEFORE THE BOARD 2. 41 MERCURY AVENUE TINTO/DEPAOLO, NEW DWELLING/VARIANCES 41 MERCURY AVENUE LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD LAURIE DEPAOLO AND KEVIN TINTO EXISTING PROPOSED REQUIRED 8,400 S.F. NA NA 1,670 2,409 2,840 MAX 20.6% 34.5% 30.0% MAX 1432" 183195 30' MAX 23' & 5'3" 23' & 5'3" 8' 29' 15' 15' REAR YARD 25' 27' 25' VARIANCES/EXCEPTION REDUCED SIDE YARD SETBACK AND EXCESS LOT COVERAGE TIBURON D.R.B. MINUTES #15 2 9/3/09 The applicant is submitting a request for construction of a new single-family dwelling with variances for reduced side yard setback and excess lot coverage, on the property located at 41 Mercury Avenue. The proposal aims to expand the home, while maintaining a single-story dwelling. The new home would include a kitchen, living/dining room, a den, a master bedroom suite, two bedrooms, one bathroom, and a two-car garage. The applicant has requested a variance for excess lot coverage and intends to maintain the same setback with the new home, and has therefore also requested a variance for reduced side yard setback. Kevin Tinto, owner, said they have lived in the house for 15 years and have worked on a remodel plan for much of that time. He said that when they saw the remodel at 44 Mercury Avenue, it inspired them and became the model for their current project. He said that they approached all of their neighbors for approval of the project. He stated that they wanted a 4-bedroom home without stairs to accommodate their aging parents, so they avoided a two-story home. The public hearing was opened. Sharon Sand said she lives across the street and said the house was an appropriate style and size for their neighborhood. The public hearing was closed. Boardmember Kricensky agreed with the staff report and said that the request for the increased coverage was consistent with this neighborhood. He felt that the easement on the site was a hindrance and he thought that the design fit in nicely with the neighborhood. Boardmember Wilson said that his only disappointment was losing the trees which have been there for 30-40 years. Boardmember Doyle pointed out that the applicant said that they will try to save as many trees as possible. Boardmember Doyle said that he loved the design of the house they modeled this project after and he thought that this project would be great as well. ACTION: It was M/S (Kricensky/Wilson) that the request for 41 Mercury Avenue is exempt from the California Environmental Quality Act and approved the project subject to the attached conditions of approval. Vote: 3-0. TIBURON D.R.B. MINUTES # 15 9/3/09 3. 12 PLACE MOULIN ORVIS, ADDITIONS/VARIANCES/FLOOR AREA EXCEPTION 12 PLACE MOULIN JOHN E. ORVIS EXISTING PROPOSED REQUIRED LOT SIZE 11,678 S.F. NA NA FLOOR AREA 2,358 3,353 3,168 MAX LOT COVERAGE 14.0% 22.0% RPD BUILDING HEIGHT 3354" 31'4" 30' MAX SIDE YARDS RPD RPD RPD FRONT YARD RPD RPD RPD REAR YARD RPD RPD RPD VARIANCES/EXCEPTION EXCESS BUILDING HEIGHT AND FLOOR AREA EXCEPTION The applicant is requesting Design Review approval for the construction of additions and alterations to an existing single-family dwelling located at 12 Place Moulin. The project would include adding a wing on both sides of the existing home. The main level would include an additional garage bay and library. An additional bedroom and master bathroom would be added to the lower level, as well. The lot coverage on the site would increase by 934 square feet (8.0 to a total of 2,569 square feet (22.0 The floor area on the site would increase by 995 square feet to a total of 3,353 square feet, which is 185 square feet more than the maximum allowed floor area of 3,168 square feet. Therefore, a floor area exception is requested. A variance is requested for excess building height. John Orvis, owner, said that he has lived at the house for 23 years and it is badly in need of an upgrade. He said that they wanted to modernize and enhance the design as it appears from the street so they added a gabled front porch and window. He said that the two additions would be below the current roofline and only the rear 6 feet of the window gable would be above the 30 foot limit, and this is why they are applying for the variance. He presented additional justification for the gable, noting that the loft area above the garage is sometimes exposed to strong winds and strong afternoon sun, and the house has no air conditioning. He said that the best and most natural use of the room above the garage is as an exercise room, but controlling the temperature and ventilation has been a problem and they have not been able to use it for that purpose. He stated that the gabled window would allow them to control ventilation and temperature in the room. There was no public comment. Boardmember Wilson said that that he visited the site and the floor area and lot coverage requests did not bother him, but he was struggling with the gable height above the ridgeline. He did not see the need for it and wondered if there was a way to have to design the project and not exceed the 30 foot limit. TIBURON D.R.B. MINUTES #15 4 9/3/09 Boardmember Kricensky said that he understood the need for the gable to make the loft usable and it would add to the architectural character of the house when looking at it from the street. He felt that the gable would not hinder anyone and would be a very small area that would not be any higher than the existing ridge of the house. Boardmember Doyle said that he did not see a hardship that would justify the variance. However, like Boardmember Kricensky, he liked the project better with the gable and he agreed that it would be so tiny and not affect anybody. He said that it would be difficult to prove a hardship, but design-wise, it made more sense to include the gable. Boardmember Kricensky said that there was no other way to use the space and create cross- ventilation, and therefore that created a practical difficulty for the applicant. ACTION: It was M/S (Kricensky/Doyle) that the request for 12 Place Moulin is exempt from the California Environmental Quality Act and approved the project subject to the attached conditions of approval. Vote: 2-1 (Wilson opposed). F. ADJOURNMENT The meeting was adjourned at 7:30 p.m. TIBURON D.R.B. MINUTES # 15 9/3/09 PLANNING COMMISSION Q MINUTES NO. 987 September 9, 2009 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Kunzweiler called the meeting to order at 7:30 p.m. Present: Chair Kunzweiler, Commissioners Corcoran, Fraser, Frymier, and O'Donnell Absent: None Staff Present: Planning Manager Watrous, Director of Community Development Anderson, and Minutes Clerk Levison ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Planning Manager Watrous reported that the Alta Robles EIR and ongoing Zoning Ordinance updates were scheduled for the September 23, 2009 meeting. Director of Community Development Anderson stated that the Town Council will discuss the Martha Company Project at its September 16th meeting. Commissioner Corcoran asked about plans for the Commission to conduct a site visit of the Alta Robles site. Commissioner O'Donnell announced his absence at the next meeting and said that he would submit his comments to staff. 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 Planning Manager Watrous presented the staff report, stating that in March 2008, the Town Council approved a precise development plan for the Ling Property. The proposal requests the subdivision of an approximately 5.6-acre parcel located off Stony Hill Road into three residential lots, each to be developed with a single family residence. Private open space easements are required over each of the three lots totaling approximately 58.2% of the site. The lots would be accessed by an extension of Stony Hill Road within an existing 50 foot wide roadway and utility TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 9, 2009 MINUTES NO. 987 PAGE I easement connecting to Gilmartin Drive. Mr. Watrous stated that staff has reviewed the application in detail for consistency with the Ling Precise Development Plan and the Subdivision Ordinance of the General Plan and found it to be consistent with all previously adopted regulations of the precise plan. Mr. Watrous noted that Conditions No. 19 and 20 of the draft resolution are remnants of a prior resolution that do not apply to this application. He also stated that Condition No. 25 makes incorrect reference to a mitigation measure. He said that staff conferred with the applicant's representative and recommends the deletion of Conditions No. 19 and 20, as well as the aforementioned reference in Condition No. 25. Scott Hochstrasser, representing the applicant, concurred with the staff recommendation and requested that the Commission approve the resolution with the recommended changes. He asked that Condition No. 1 be amended to read, "All of the following requirements of the Town Engineer shall be met..." and asked for similar amendments in Conditions No. 2 through 14. Commissioner Corcoran and Chair Kunzweiler provided the following suggestion: "All of the following requirements of the Town Engineer herein shall be met..." Mr. Hochstrasser stated that the project would provide considerable donations to parks and open space. He requested that Condition No. 42, which references Chapter 14 of the Municipal Code and requires payment of park and recreation in-lieu fees, include a recommendation that the Council accept the land use donations as off-sets to the applicable fees. Commissioner O'Donnell inquired as to the fee amount. Mr. Anderson explained that the fee is based on a formula used at the time the parcel map is submitted, and would be impossible to estimate at this time. He proposed the following amendment to Condition No. 42: "The public access and trails easements n+ay shall be considered by the Town Council as off-sets to the final determination of the applicable fees." Commissioner Corcoran read from Chapter 14 of the Municipal Code and stated that by definition, it would seem that the project's open space provisions could negate any fee requirement. Chair Kunzweiler disagreed, stating that projects carry many related fees which fund the Town. He advised against setting a precedent that would allow open space to be traded for those fees. He said that the first application for this project offered very little open space and the amount currently provided was established after much effort and by the precise development plan approval. He voiced surprise that the applicant would attempt to trade a requirement for a fee and said he would favor leaving the language as is. Mr. Hochstrasser stated that Conditions No. 6, 8, and 9 contain very specific requirements on open space. He said that while those requirements were extracted through a process, the applicant has agreed to provide that space. Chair Kunzweiler said he would not ask any more of this applicant than what is requested of any other. He said he would be happy to defer to the Town Council, but declined to soften the existing language. TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 9.2009 MINUTES NO. 987 PAGE 2 Vice-Chair Fraser requested the addition of supportive language to the minutes and strongly encouraged a request that the Council review and assess the off-sets to determine any in-lieu value. Chair Kunzweiler directed staff to amend Condition No. 14, as provided by Mr. Anderson. There was no public comment. Vice-Chair Fraser questioned and confirmed with Mr. Anderson that the public access easement would contain markers of some kind to direct the public to the trail. Commissioner Corcoran requested additional information on the possible dedication of the Stony Hill Road extension. Mr. Anderson explained that the project is required to offer the extension to the Town for public street purposes. He stated that the Commission recommended the Council accept the offer but noted that the Council may ultimately choose not to do so. Referring to Condition No. 12, Chair Kunzweiler voiced surprise that lighting standards had not yet been determined and asked when they would. Mr. Anderson stated that no street lighting was proposed as a part of the precise development plan. He said that the Town Engineer examined the project at the time the plan was approved and felt it was appropriate. He noted that at the time the subdivision improvement drawings are submitted, it may be determined that some sort of low bollard lighting is necessary. ACTION: It was M/S (O'Donnell/Fraser) to adopt the draft resolution approving the Ling Tentative Subdivision Map, as amended, deleting Conditions No. 19 and 20 and amending the language in Conditions No. 1, 25, and 42. Motion carried: 5-0. 2. INTRODUCTION AND OVERVIEW OF COMPREHENSIVE REFORMATTING AND TEXT AMENDMENTS TO THE TIBURON ZONINIG ORDINACE; FILE #MCA 2008-09; CONTINUED FROM AUGUST 26, 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 8, 2009 meeting. The Commission reviewed Article III at the July 22, 2009 meeting. The Commission reviewed Article IV and a portion of Article V at the August 26, 2009 meeting. The public hearing was continued, with Staff directed to prepare summaries of the remainder of Article V and Articles VI, VII, VIII, and IX for the September 9 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: TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 9.2009 MINUTES NO. 987 PAGE 3 ARTICLE V Section 16-54.020 - Effective Date of Permits Chair Kunzweiler questioned the rationale of the varying effective dates. Mr. Watrous stated that the majority of projects have a built-in, 10-day period. He noted that minor alteration projects are intended to be streamlined and are therefore shorter, and those permits with longer periods have remained so for the sake of continuity. 16-54.030 - Applications Deemed Approved Commissioner Corcoran suggested adding the word "financial" before the term "security." Section 16-54.050 - Performance Guarantees Vice-Chair Fraser asked if the Town has requested performance guarantees in the past. Mr. Watrous confirmed that it has, on occasion. He stated that this section is intended to address applications which require ongoing monitoring and are dependent upon the conditions of approval. Commissioner O'Donnell asked if the Town has any ability to strengthen the performance guarantee for projects that are extended out over a long period of time. Mr. Anderson said that the Town Council has had considerable difficulty with this over the years. He stated that currently, applicants are provided 18 months to complete a project with the possibility of one 6 month extension at no fee. Following that extension, any project not completed begins to incur penalties which are generally a percentage of the original permit fees. Commissioner O'Donnell noted that on large scale projects, many people would not consider a $10,000 fine to be compelling. He suggested that a performance bond, equal to the value of the work still awaiting completion, may incentivize the project. Mr. Anderson said that such bonds are not typically required of single structure projects and that calling in those bonds can be a considerable process. He stated that the Town Attorney had considered but did not recommend the idea. Section 16-54.060 - Permit Time Limits, Extensions, and Expiration Vice-Chair Fraser suggested changing the language in Subsection B to read "two separate extensions of up to one year per extension from the date of expiration of the original approval..." Commissioner O'Donnell described the concept of "permit creep" and suggested the addition of language stating that minor permit changes do not extend the permit limits beyond those stated in the zoning ordinance. Mr. Watrous said that while an issue, such situations are atypical. Mr. Anderson said staff has attempted to address the issue through the building permit process. He explained that anyone seeking to make design review changes on an active permit must submit a building permit revision and he noted that it does not extend the life of the permit. Mr. Watrous TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 9.2009 MINUTES NO. 987 PAGE 4 added that, in the event an applicant submits numerous changes, staff reserves the judgment to forward the revision to the Design Review Board. Commissioner O'Donnell said it is an issue of interest and concern to many residents. He requested that the current language be strengthened to better control the issue. Mr. Watrous said that it would be more appropriate to address that issue in the building code. Commissioner O'Donnell said that much of the zoning ordinance seems to conflict with current design trends. He acknowledged that skylights present a potential problem in certain areas of Town, but noted that the green building movement expressly encourages the use of skylights. Mr. Watrous stated that the overwhelming majority of requests for skylights are approved with the standard conditions to tint the skylights and prohibit any lights in the wells. He said that the Town's intent is to continue to encourage green building principles, but not at the expense of very real light pollution issues. Section 16-54.070 - Changes to an Approved Project Referring to Subsection A, Chair Kunzweiler said that it seems that a request for changes to a project prior to construction carries a different set of ramifications than the same request made after construction has begun. Mr. Watrous said that staff sees a considerable number of changes which occur mid-construction simply because an applicant has the money to do so, and that issues such as that contribute to the permit creep mentioned earlier. Commissioner Frymier noted that Belvedere takes a very strict stance on the issue and asked if the Town has plans to move in a similar direction. Mr. Anderson said that the Council is familiar with Belvedere's approach and has elected not to pursue that route. 16-56.030 - Violations and Penalties Commissioner Corcoran suggested adding the inserting the word "with' after the word "authorized" in Subsection B. 16-56.040 - Legal Remedies Chair Kunzweiler suggested that the severability section was too long and confusing. Mr. Anderson stated that this was drafted by the Town Attorney, but he would have her review it to see if it could be made more clear. ARTICLE VI Section 16-60.010 - Purpose Commissioner O'Donnell cited instances in which the Commission lacked a quorum, either due to a conflict of interest or known absence. He noted that in the past, the Commission had requested a member of the Design Review Board temporarily serve as a third member and TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 9.2009 MINUTES NO. 987 PAGE 5 suggested the language provide for that. Mr. Anderson noted that those hearings, in which more than one commission member was determined to be conflicted under the Fair Political Practices Commission (FPPC), are very unusual. He explained that there alternate methods for determining a quorum that favor random chance. Commissioner O'Donnell stated that those occasions have almost always been complicated issues on which the commissioner may not feel comfortable making a determination. Commissioner Frymier concurred, stating that she felt conflicted during the Tiburon Peninsula Club hearing. Mr. Anderson said that the FPPC acknowledges such feelings but expects that council, commission, and board members are able to rise above that feeling and make a fair determination. Chair Kunzweiler asked if it would be more fair to the public to assign someone who may or may not be comfortable with the determination process, as he would prefer to err on the side of expertise with complicated issues. Commissioner O'Donnell recommended a policy that names alternates, perhaps from other boards or commissions, who would be able to serve or be deputized for quorum purposes. Chair Kunzweiler said that the Commission's decisions are based on findings, not arbitrary emotions. He acknowledged that certain situations may be uncomfortable, but trusted that the standard of findings would be a sufficient basis for those decisions. Mr. Anderson said that this subject is a policy question for the Council and he agreed to forward the matter to them. 16-62.020 - Definitions In Subsection A. Commissioner Corcoran suggested deleting the phrase "the Town contains relatively few nonconforming uses" and replacing the word "which" in the second sentence with "a legal nonconforming use.". Section 16-62.030 - Restrictions on Nonconforming Structures and Uses Referring to Subsection (A [2]), Commissioner O'Donnell noted that certain homes are intentionally sited on lots in nonconforming ways. He asked if there is a variance procedure to allow those structures to move further out of conformity so long as it is in the better interest of neighboring properties. Mr. Anderson stated that a variance application could be submitted. Mr. Watrous added that this section only deals with nonconforming uses, not nonconforming structures, and noted that a variance would not be required to rebuild a nonconforming structure to its previous footprint. Commissioner Corcoran requested clarification on the destruction element. Mr. Watrous said there is a greater emphasis on phasing out nonconforming uses than on nonconforming structures. Commissioner Corcoran suggested adding the term "involuntarily" before the term "damaged" in Subsections 4 (a & b). TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 9, 2009 MINUTES NO. 987 PAGE 6 ACTION: It was M/S (Kunzweiler/Fraser) to continue the public hearing to the September 23, 2009 meeting. Motion carried 5-0. MINUTES: 3. PLANNING COMMISSION MINUTES - Regular Meeting of August 26, 2009 Commissioner Corcoran provided the following amendment: • Page 2, 4th paragraph, last sentence: "Anderson continued to say that, in physical terms..." Commissioner Fraser provided the following amendment: • Page 3, 3rd paragraph: "He cautioned that B&Bs in residential areas could create a parking situation that the area cannot support and the neighbors de would not appreciate." Commissioner Frymier provided the following amendment: • Page 3, 5th paragraph: "Commissioner Frymier acknowledged Vice-Chair Fraser's concern, but said the ordinance seems very clear to hear and that a CUP process should be sufficient." ACTION: It was M/S (Fraser/Corcoran) to approve the minutes of August 26, 2009, as amended. Motion carried: 5-0. ADJOURNMENT: The Planning Commission adjourned the meeting at 9:05 p.m. JOHN KUNZWEILER, CHAIRMAN ATTEST: SCOTT ANDERSON, SECRETARY TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 9, 2009 MINUTES NO. 987 PAGE 7 71% ACTION MINUTES #16 TIBURON DESIGN REVIEW BOARD THURSDAY, SEPTEMBER 17, 2009 1505 TIBURON BOULEVARD DIGEST A. B. C. D. 1. 2. 3. E. F. G. ROLL CALL: Present: Chair Chong, Boardmembers Doyle, Kricensky, Tollini and Wilson Ex-Officio: Associate Planner Tyler, Assistant Planner Phillips and Minutes Clerk Rusting PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) STAFF BRIEFING NEW BUSINESS BEFORE THE BOARD 13 Roseville Court Van Dusen Retaining Wall/Variance APPROVED 83 Claire Way Kamloonwasaraj Garage Conversion APPROVED 77 Round Hill Road Weissensee Modifications/Variance CONTINUED TO 10/15/09 MINUTES #14 OF THE 8/20/09 DESIGN REVIEW BOARD MEETING - APPROVED MINUTES #15 OF THE 9/3/09 DESIGN REVIEW BOARD MEETING - APPROVED ADJOURNMENT - 8:50 PM TOWN OF TIBURON Action Minutes - Regular Meeting Tiburon Town Hall Tiburon Planning Commission 1505 Tiburon Boulevard September 23, 2009 - 7:30 PM Tiburon, CA 94920 ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL At 7:32 PM Present: Chairman Kunzweiler, Vice Chairman Fraser, Commissioner Corcoran, Commissioner Frymier Absent: 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. ACCEPT PUBLIC COMMENT ON THE DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PROPOSED ALTA ROBLES RESIDENTIAL PROJECT IN THE VICINITY OF 3825 PARADISE DRIVE; FILE #30701; Rabin/Soda LLC, Owners and Applicants; Assessor Parcel Numbers 039-021-13 and 039-301-10 [SA] Comment Accepted 2. REVIEW OF COMPREHENSIVE REFORMATTING AND TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE; FILE #MCA 2008-09 [DW] (Continued from September 9, 2009) Continued Without Discussion to October 14, 2009 Tiburon Planning Commission September 23, 2008 Page 1 DIGEST C, Action Minutes MINUTES 3. PLANNING COMMISSION MINUTES - Regular Meeting of September 9, 2009 Approved 4-0 ADJOURNMENT At 9:40 PM Tiburon Planning Commission September 23, 2008 Page 2 Action Minutes DESIGN REVIEW BOARD AGENDA 'DIG ~e It% TOWN OF TIBURON DATE: 10/1/09 1505 TIBURON BOULEVARD MEETING TIME 7:00 P.M. TIBURON, CA 94920 AGENDA NO.: #17 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. B. C. D. 1. 2. E. ROLL CALL: Chair Chong, Boardmembers Doyle, Kricensky, Tollini and Wilson PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) STAFF BRIEFING NEW BUSINESS BEFORE THE BOARD 1-54 Lagoon Vista 14 St. Bernard Lane ADJOURNMENT Pt. Tiburon Lagoon C.A. Fence/Variance Hamer New Dwelling/Variance/Floor Area Exception "PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER"