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HomeMy WebLinkAboutTC Minutes 2017-03-15 TOWN COUNCIL REGULAR MEETING MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 15, 2017, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Tollini ABSENT: COUNCILMEMBERS: O'Donnell PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Town Clerk Stefani ORAL COMMUNICATIONS Pamela McConnell-Douglass said she was a 47-year resident of Tiburon. She said her family believed in peace, love,sharing and to never harm others. She said she felt defaced,and was not able to find employment in Tiburon. Steve Douglass said he was here to support his wife, and said she wishes for more human compassion. PRESENTATIONS P-1. Transportation Authority of Marin—Receive report on current transportation sales tax Dianne Steinhauser,Executive Director of the Transportation Authority of Marin,said Marin County is one of 24 counties in California to pass a sales tax for transportation purposes, and the current sales tax raises $25 million per year. She introduced Robert Betts, Director of Planning and Operations of Marin Transit, to discuss where some of those funds go. Mr. Betts said the sales tax funds local student transportation — both Redwood High School and Tiburon's local Yellow Bus program—and senior and disabled transportation. Ms. Steinhauser said sales tax funded the new carpool lane on Highway-101 through San Rafael. She said a large portion of the funds go toward local streets and roads and, some major roads in Marin, including Miller Avenue in Mill Valley and Sir Francis Drake in central Marin. Town Council Minutes 406-2017 March 15, 2017 Page 1 Ms. Steinhauser said the sales tax also funds a Safe Routes to School program, consisting of both education in schools and pedestrian improvements. Councilmember Doyle asked how TAM adjusts their long term plans for future developments in Marin. Ms. Steinhauser said it can be a challenge to keep up with developments and congestion demands due to the importation of workers in Marin and lack of housing. Mayor Fraser opened the floor for public comment. Pamela McConnell-Douglass asked why the bus stop near her home has not been improved, considering the large volume of citizens that use it. Mr.Betts replied that improving and prioritizing bus stops throughout Marin County can be a balancing act in terms of providing shelter,signage,and ADA improvements. A citizen inquired if TAM has done any studies on the Trestle Glen intersection,to see if there is a better way of moving traffic through that area. Director of Public Works Barnes commented that Staff had considered a roundabout in that location, but there are geometric issues due to the uphill curve of the road. Charles Arnold wondered why a SMART station was not going to be put in the Larkspur ferry terminal.Ms. Steinhauser said putting a station there was cost-prohibitive,and future SMART riders will only have to take a short walk on a pedestrian bridge to get on the ferry in Larkspur. Mayor Fraser- thanked Ms. Steinhauser and Mr. Betts for their presentations, and commented that without the Transportation Authority of Marin, Tiburon would not have its Yellow Bus Program. CONSENT CALENDAR CC-1. Town Council Minutes—Adopt minutes of March 1,2017 regular meeting(Town Clerk Stefani) CC-2. 77 East View Avenue — Consider adoption of resolution to grant appeal of Design Review Board approval of a site plan and architectural review for the construction of a new single-family dwelling (Community Development Department) CC-3. Reappointments to Town Boards, Commissions, Committees — Consider reappointment of commissioners whose terms have expired (Town Clerk Stefam) CC-4. Rotary Club Centennial Celebration—Authorize Mayor's Proclamation in support of the Rotary Club Centennial Celebration (Mayor Fraser) Mayor Fraser requested that CC-2 and CC-4 be removed from the Consent Calendar-for discussion. Motion: Adopt Consent Calendar Items 1 & 3, as written. Town Council Minutes 406-2017 March 15, 2017 Page 2 Moved: Tollini, seconded by Doyle Vote: AYES: Doyle, Fraser, Fredericks, Tollini ABSENT: O'DonDell CC-4. Rotary Club Centennial Celebration—Authorize Mayor's Proclamation in support of the Rotary Club Centennial Celebration (Mayor Fraser) Linda Emberson,President, and George Landau, Charter Member,joined Mayor Fraser as he read: PROCLAMATION COMMEMORATING THE 100TH ANNIVERSARY OF THE ROTARY FOUNDATION "Doing Good in the World" WHEREAS, Rotary International was formed in 1905 to provide important service to the community and in the world; and WHEREAS, The Rotary Foundation was created in 1917 by Rotary International's sixth president, Arch C. Klumph, as an endowment fund for Rotary "to do good in the world." WHEREAS, The Rotary Foundation has grown from an initial contribution of$26.50 to more than $4 billion in contributions that provide humanitarian service, encourage high ethical standards, and to help build goodwill and peace in the world; and WHEREAS, The Rotary Foundation, in partnership with the Gates Foundation, the World Health Organization, and governments around the world, has dedicated efforts to eradicate Polio in the world through immunization, and has achieved a success rate of 99%; and WHEREAS, The Rotary Foundation has focused its efforts on sustainable programs in six areas: promoting peace; fighting disease, providing clean water; providing improved health care for mothers and children; supporting education; and growing local economies; and WHEREAS, The Rotary Foundation has provided more than $3.8 billion in grants to support these areas of focus; and WHEREAS, Rotary International is one of the world's largest nongovernmental service organizations with 1.2 million members in more than 200 countries; and WHEREAS, there are currently 42 Rotary Clubs serving the counties of Marin, San Francisco, and San Mateo consisting of nearly 2000 members who raise funds and volunteer their time for dong good in their local communities and around the world; and WHEREAS, The Rotary Foundation will celebrate its Centennial in January 2017; and NOW, THEREFORE, BE IT RESOLVED THAT 2017 BE DECLARED AS THE YEAR OF COMMEMORATION FOR THE ROTARY FOUNDATION'S 100 YEARS OF DOING GOOD IN THE WORLD. CC-2. 77 East View Avenue — Consider adoption of resolution to grant appeal of Design Review Board approval of a site plan and architectural review for the construction of a new single-family dwelling (Community Development Department) Mayor Fraser said he would like to open up the dialogue in light of recent requested revisions to the resolution from the applicant and the appellants. Town Council Minutes 906-2017 March 1.5, 2017 Page 3 Town Attorney Stock said if the Council does not agree with the findings made in the resolution,the resolution can be amended or changed. Mayor Fraser opened the floor to the public. Michael Heckmann, architect for the applicant, said he wanted to ensure the contents of the resolution reflected the Council's discussion and determination at the hearing.He said the resolution indicates a privacy issue based on the usage of a primary living space.He said this was not accurate, as the privacy issue was based only on usage of a deck. He also requested it be reflected that privacy was the main issue with the proposed design,rather than the request for variances or the mass of the home, which was not specifically discussed. Riley Hurd, attorney for the appellants, said he agreed with Mr. Heckmann's clarifications about privacy, and also requested that the view issues discussed be included in the resolution. Councilmember Doyle agreed with the minor clarifying revisions to the resolution. Councilmember Fredericks said that while the "mass" of the home may not have been specifically discussed,the statistics included in the staff report did play a role in her decision. She said it did not need to be included. Councilmember Tollini agreed with the revisions. She said that the mass of the home was not as much of a factor in her decision as view and privacy. Mayor Fraser directed the Staff to return to Council with a revised resolution,and continued the item to a future meeting. ACTION ITEMS AI-I. Tiburon Peninsula Traffic Relief Joint Powers Authority — Consider indicating continued support and future funding for the Yellow Bus Challenge Program (Office of the Town Manager) Town Manager Chanis gave the staff report. He said Tiburon, Belvedere and Reed have been working on the Yellow Bus Challenge for several years,and finally formed a Joint Powers Authority in 2016. The JPA contracted with Marin Transit to run day-to-day operations, developed a website platform for purchasing passes and an app for real time data on buses. He said there was a significant improvement in service over the prior year, and an additional 50-60 passes were sold. He said Staff anticipates the program will still need subsidies from Tiburon and Belvedere, and because bus passes must go on sale sooner than the annual budget is finalized, Staff is asking Council to indicate its continued support for the program and include the subsidy as a line item in the next fiscal year budget. Town Council Minutes#06-2017 March 15, 2017 Page 4 Councilmember Fredericks said she supported the program, but asked what their options were for funding apart from the General Fund. Chanis said the JPA shares her concerns,and there are frequent discussions and ideas about long term funding such as a parcel tax or a local sales tax. Mayor Fraser said the JPA and Marin Transit are considering future funding options, but the community as a whole will need to find a funding mechanism for the program,whether it is a parcel or sales tax, or a continuing line item in municipal budgets. Mayor Fraser opened the floor for public comment. There was none. MOTION: To include, for Town Council consideration, an appropriation of$240,000 in the Fiscal Year 2017-18 Town Operating Budget as the Town's contribution to the Tiburon Peninsula`Traffic Relief Joint Powers Authority Moved: Fredericks, seconded by Tollini VOTE: AYES: Doyle, Fraser, Fredericks, Tollini ABSENT: O'Donnell PUBLIC HEARINGS PH-1. Consolidate Municipal Elections with Statewide Elections—Consider amendments to the Tiburon Municipal Code to change municipal election date from November of odd- numbered years to November of even-numbered years—Introduction and first reading of ordinance Town Clerk Stefani gave the staff report. She reminded the Council of the previous meeting's report on Senate Bill 415, and the Town's requirement to consolidate municipal elections with statewide elections in even-numbered years due to low voter turnout. She said the Council had reviewed a number of options for compliance to get on track with even-numbered year elections, all changing terms of office. After deliberation, the Council decided upon an option that would alter terms of office of the 2017 and 2019 candidates for office to 3-year terms,instead of the regular 4-year term. She said the ordinance brought forth by staff this evening would change the date of municipal elections to even-numbered years, beginning with the November 2020 election. She outlined the effect of the ordinance of those elected in the 2017 and 2019 elections: the three councilmembers elected in 2017 will serve for three years instead of four, and the two councilmembers elected in 2019 will also serve for three years instead of four. Beginning with the November 2020 election, those elected with resume regular four-year terms. She concluded her staff report. Mayor Fraser opened the floor for public comment. There was none. MOTION: To introduce the ordinance and read by title only, waiving further reading, schedule for adoption at the next regular meeting and motion to hold a roll call vote on the introduction of the ordinance, as written. Moved: Tollini, seconded by Fredericks Town Council Minutes#06-2017 March 15, 2017 Page 5 Vote: AYES: Doyle, Fraser, Fredericks, Tollini ABSENT: O'Donnell Mayor Fraser read "An Ordinance of the Town Council of the Town of Tiburon, California, Amending Title 1, Chapter 2, Section 2-3.3 of the Town of Tiburon Municipal Code to Change the Date of General Municipal Elections from November of Odd-Numbered Years to November of Even-Numbered Years". ROLL CALL VOTE: AYES: Doyle, Fraser, Fredericks, Tollini ABSENT: O'Donnell PH-2. 8 Rolling Hills Road—Consider appeal of Planning Commission approval of a request for an Amending Parcel Map to remove certain development limitations from a vacant lot (Community Development Department) Owners/Applicant: Michele Hughes Appellant: Rita Burgess, David Readerman et.al. Address: 8 Rolling Hills Road Accessor Parcel No.: 058-111-24 Staff Report Director of Community Development Anderson gave the staff report. He said the Planning Commission approved an application to amend a parcel map by removing the building envelope and a height restriction.The owners of eleven nearby properties filed a timely appeal,on the grounds that the absence of the building envelope and height restriction might allow the lot to be developed with a residence that could block views,damage neighborhood character,harm privacy and be incompatible with the surrounding pattern of development. Director Anderson said the applicant seeks removal of restrictions that were imposed by a previous Planning Director in 1971. He said the removal of these restrictions would leave the lot subject to regular RO-2 zoning requirements, including site plan and architectural review requirements that apply to all lots in Tiburon. Anderson said the Planning Commission heard extensive public testimony in opposition to removing the restrictions and carefully considered the unique history and unusual restrictions. He said the Commission found the building envelope and height restrictions to be obsolete, considering the Town's many guiding processes in place today that did not exist in 1971. The Commission expressed confidence in these zoning processes, and said the Town now "has a better toolkit" to address neighborhood concerns. He said the Staff agrees with the conclusion of the Commission. Councilmember Fredericks inquired about the lack of clarity in regard to the height restriction. Director Anderson said the height restriction was quite clear but that any confusion was more likely attributable to the building envelope. The building envelope restrictions are unclear as to what (if anything) may be permitted outside the envelope. He added that the current envelope also extends Town Council Minutes 406-2017 March 15, 2017 Page 6 into the minimum front setback that would be imposed under today's zoning standards. Fredericks asked if Variances or Floor Area Exceptions would be granted in the existing envelope. Anderson said that building envelopes now only exist in planned developments,but this lot is not in a planned development zone.Further,there are no other building envelopes on lots in the RO-2 zone in Tiburon, and there are no provisions in the zoning ordinance for dealing with this situation. Fredericks asked if the envelope could be amended.Anderson said it might be possible to amend the envelope on the parcel map as it is an existing feature on the map. Councilmember Tollini commented that many of the comments in the appeal suggested that the neighbors purchased their homes based on the existing restrictions. Town Attorney Stock said the Town does maintain the authority to change any conditions to a previous approval of a project. Fredericks asked if there was any exposure to liability due to the lack of specificity in the document, particularly related to accessory buildings in the envelope. Town Attorney Stock said the Town would not be exposed to liability. Mayor Fraser asked if the Council could direct the Planning Commission to add specificity to allowable construction of primary or accessory buildings within the existing building envelope. Director Anderson said that if the Council were to leave the building envelope in place, staff would need direction from Council as to what restrictions are imposed by the building envelope, as the parcel map is entirely silent on the matter. Appellant Presentation David Readerman and Rita Burgess, 55 Rolling Hills Road, said they represent the appellants. Mr. Readerman said he is grateful that the Council allows for commentary by those who live in the affected area,and did not agree with the staff report. He yielded the floor to his neighbors,the other appellants.He said it was important to note that the property at 8 Rolling Hills Road was created out of a lot split. James To, 88 Rolling Hills Road, said he had recently gone through the Design Review process to build a home next door within the building envelope. Mr. To implored the Council to read the letter from previous Planning Director Wayne Moody,in which he outlines the situation and reasoning for the restrictions.He also noted that the current lot is non-conforming,and likely would not have been a legal lot-split today. Mr.To did not believe it to be logical for the Planning Commission to revisit and remove restrictions made by past Commissioners.He said it was unfair for the staff to assert that"undue pressure"in the neighborhood caused the restrictions. He also did not agree with the conclusion that the building envelope was.an antiquated tool, citing dozens of others in Town, and said the decision to remove one would be unprecedented. Removing the building envelope would create a significantly larger allowable building area. He said a fair path to proceed with for this property would be the same restrictions he was subject to when building within his own building envelope, albeit in a precise plan, in which any ambiguities in the plan are subject to current code. He argued that the purpose of Town Council Minutes 906-2017 March 15, 2017 Page 7 the sale of the property,and the application to remove the envelope,is not for leeway in development and design, but for more space. Linda Berg, 1 Rolling Hills Road, said the original construction [of 6 Rolling Hills Road] was not built according to plan, and the home was taller than was originally promised. This was questioned by the neighbors,and the building envelope was put into place [on 8 Rolling Hills Road]to avoid the same instance happening again. She said that while the neighbors were upset at the time,she did not recall anyone being "threatening". Alan Rappaport, 5 &25 Rolling Hills Road,believed there was an abuse of discretion exercised by the Planning Commission. He said the agreement should be upheld.He said the agreement provided a site for a home to be built that would have preserved the beauty of the neighborhood. He said any Variance issues should be handled by the Design Review Board, but there should not be an allowance by the Planning Commission to remove the envelope to make the building area larger. Scott Peters, 45 Rolling Hills Road, said he respects the right to build, as long as the development does not affect neighbors.He said he believed the staff's characterization of the neighbors on Rolling Hills Road to be unfair,and thought that all property owners' rights on the street should be protected. He said he hoped the Council will vote with conscience, and to vote as if they also lived in the neighborhood. David Readerman spoke to a lack of trust in the Town, and cited an instance in which he and his neighbors were left to deal with a water mitigation issue due to a nearby development independently because Rolling Hills Road is a private road. James To said residents expect the government will enforce consistent application of the code, and removal of any uncertainties. He said removal of the envelope creates uncertainty and more potential for development. Councilmember Fredericks asked if the building envelope was a consequence of a dispute resolution. Mr. To replied that it was, but Director Anderson said Staff had not found any evidence that it was nor had Staff seen any correspondence from neighbors regarding a building envelope. Applicant Presentation Joseph Lepera, applicant, said his family's intended development of the property at 8 Rolling Hills Road would not be a "fix-and-flip"; it would be his family home. He said he had attended the Planning Commission meeting and had heard the neighborhood concerns, and then invited all the appellants to a neighborhood meeting to discuss concerns and show concept drawings to alleviate those concerns, but no one came. He said the Planning Commission did not make their decision without careful consideration and he reviewed several highlights from the Planning Commission meeting, including Director Anderson's observation that this envelope might be illegal today,and that this property is the only lot in the RO- 2 zone with this type of restriction. Mr. Lepera restated the Planning Commission's consensus that Town Council Minutes #O6-2017 March 15, 2017 Page 8 the Design Review Board should be the body that decides what home gets built, not the Planning Commission. He said the restrictions do not comply with the Tiburon Municipal Code,and argued that the appeal should be denied because the proposal and the Planning Commission's decision are consistent with the Municipal Code and are supported by evidence of the record. Mr. Lepera reviewed several points taken from the Hillside Design Guidelines.He said they wished to remove the envelope so as to allow for terracing down the hillside, complying with the hillside design guidelines, and to reduce visual bulk and protect neighbors' views. Upon hearing the neighbors' concerns,he wished to present a design that would minimally impact the neighbors and will be in compliance with the height restriction previously imposed.He showed a basic schematic of the proposed home, and said it would not affect the appellants. He concluded his presentation by reiterating that the Planning Commission's decision was correct. Mayor Fraser asked for clarification as to where the building envelope exists currently based on one of the aerial photos Mr. Lepera presented. Mr. Lepera clarified the location. Michele Hughes, original owner of 8 Rolling Hills Road, said she purchased the property without knowing about the building envelope. She said she had felt isolated in the neighborhood as a result of these proceedings, and was simply asking for fairness. She did not think it was fair to be held to antiquated guidelines and be prevented from developing, and asked the Council to reaffirm the Planning Commission's decision. Councilmember Fredericks asked if there were any other issues with building within the existing envelope, other than the inability to build downhill. Mr. Lepera said that was the only issue. Councilmember Doyle asked if Mr. Lepera was prepared to commit to this design. Mr. Lepera said that while not"ready to go",this design is the one that will be proposed. He said he was prepared to commit to the design that would not negatively impact the neighbors. Appellant Rebuttal Mayor Fraser opened the floor for public comment. Rita Burgess commented that the architect representing one of the appellants confirmed that the existing building envelope was adequate to build a home of a similar square footage. She said there were also spacing concerns as the proposed home at 8 Rolling Hills and the existing home at 6 Rolling Hills would not have the required 30 feet of side setback between them, because 6 Rolling Hills does not conform to the setback requirements. Mr. To echoed Ms. Burgess's comment, and said that Staff also agreed in the Staff report that the existing envelope is adequate for construction of a home. Toivj7 Cozuicil Mi»utes #06-2017 March 15, 2017 Page 9 Councilmember Doyle commented that Mr. To's home next-door appears to be stepped down the hill, just as Mr. Lepera hoped to do with the removal of the envelope. Mr. To said the previous owner had their building envelope moved and expanded. Applicant Rebuttal Mr.Lepera said the neighbors will not be impacted by the proposed design to step down the hillside. He said the home will be stepped down the hill with the specific purpose of protecting neighbors' views. Council Discussion and Direction Councilmember Doyle asked neighbor George Lee if his view would be impacted by the proposed home. Mr. Lee said it would be hard to comment without more detail, but it was helpful to see the proposed plans in the applicant's presentation. Councilmember Fredericks asked if any proposed project within the envelope would have to be approved by the Design Review Board. Director Anderson confirmed that to be true. Mayor Fraser asked if the Design Review Board has the authority to approve a Variance on a building envelope. Director Anderson said it may not as this property is not within a planned development,and there is no such defined process for interpreting a building envelope on a property that is not a part of a planned development. Councilmember Fredericks said it was unclear as to what could be done within the existing envelope because there is no clear process as to how to work with a building envelope in this zone. Director Anderson confirmed, and said there is no precedent for having an envelope in the RO-2 zone, as opposed to the traditional defined setbacks. Councilmember Tollini said she sees the value of the legal precedent set for the neighbors,but also the unique set of circumstances, perhaps even the only circumstance in Tiburon. She said the Planning Commission made a reasoned conclusion, and if the applicant is willing to concede to the height restrictions, she hoped that would satisfy the neighbors. Doyle believed it would be difficult to build a home of a similar size with a height restriction. He thought the neighbors would be more satisfied with the home stepped down the hill. He said he would trust in the Design Review Board to help protect the views of any impacted neighbors. Fredericks commented on the need to balance the neighbor's reliance on precedence to alleviate negative impacts with sending the proposed design through the Design Review Board with some restrictions that respect the protections originally imposed by the building envelope. She suggested keeping the envelope in place, and sending the project to the Design Review Board to satisfy the need to develop the property in a satisfactory way to both the owners and the neighbors. Mayor Fraser said this was a challenging application. He did not think the Council had enough information to make a decision,as they were not reviewing a more refined home design.He thought Town Council Minutes 406-2017 March 15, 2017 Page 10 it would be easier to make a decision if the Council could be more assured that the proposed home would not impact the neighbors. He suggested continuing the appeal until the applicant presents more detailed information and drawings of a proposed home that he is willing to commit to, so the Council can give clear direction to Staff and the Design Review Board. The other members of the Council agreed to this approach. MOTION: To continue the item until further information from the applicant is provided, including renderings of a design on the hillside and story poles representing proposed design. Moved: Tollini, seconded by Fredericks VOTE: AYES: Doyle, Fraser, Fredericks, Tollini ABSENT: O'Donnell TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT Town Manager Chanis reminded the Council that he would be out of the office the following week. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Coin it f the Town of Tiburon, Mayor Fraser adjourned the meeting at 10:10 p.m. G' JIM lXtFl, M YOR r r ATTEST: LEA STEFANI, TOWN CLERK ToWn Council Minutes #06-2017 March 15, 2017 Page 11