HomeMy WebLinkAboutTC Digest 2010-03-12Tiburon
1. Email - Maurice Richard - Marin Energy Authority
2. Letter - Janet/Sid Daru -13 Roseville Court Lower Hillside
3. Yearly Recap - Design Review Submittals - February 2010
4. Monthly Report - Office of Design Review - February 2010
5. Letter - U.S. Depart. Commerce - 2010 Census Mail-Back Participation
Agendas & Minutes
6. Minutes - Belvedere/Tiburon Library Agency - January 11, 2010
7. Minutes - Design Review Board - February 4, 2010
8. Minutes - Planning Commission - February 10, 2010
9. Action Minutes -Planning Commission- February 24, 1020
10. Action Minutes - Design Review Board - March 4, 2010
11. Meeting Cancellation - Planning Commission - March 10, 2010
12. Meeting Cancellation - POST - March 16, 2010
Regional
a) Letter - LCC - Invitation to Serve of LCC Board of Directors
b) News from Marin Conservation League - March/April 2010
c) Conference Announce. - Bay Area 2010: The Future Begins Today - 4/22/10
d) Comcast California - February 2010
e) Invitation - First 5 Marin's 91h Annual Breakfast - April 30, 2010
Agendas & Minutes
f) None
* Council Only
Peggy Curran DIGEST
From: Maurice Richard [maurice@marcopowergroup.com]
Sent: Sunday, February 14, 2010 8:19 AM
To: Peggy Curran
Cc: Ann Danforth
Subject: Poor choice
Peggy,
My monitoring of the MEA process has brought me to have to express to you that this effort will result in the Town
of Tiburon suffering immense financial loss with painful ramifications. I regret to have to COME OUT of my shell
to ask you and your administration to think hard about what you are doing in this matter and seek INDEPENDENT
and UNBIASED advice before its too late.
If one take only a few minutes to visit what the Renewable Energy Market has done to Spain, Italy and other
countries you quickly realize it's not a panacea and that it cripples the best of intentions. As a Renewable and
Green advocate most of my career I implore you to not commit the Town of Tiburon or its inhabitant to a policy
that will turn against you and the Town managers when the reality of this type of commitment becomes inevitable
to the common person on the street or home owner. The choice of such a PREMIUM based power price concept
must be shared by a large quantity of investors before its reward can be accounted for and I mean millions of
participants, aggregated with major commercial or industrial loads and more. Even with more subsidies and
credits one can count and can not be counted on in the long term, renewable electrons can not be produced
today at a competitive price no matter how or who tries to make you believe otherwise. Spain is bankrupt
because in part of their solar commitments. Wind is generated at night when it's not needed. Solar is generated
when the sun shines. Those options are'not BASE LOAD power generation options. When those Alternatives
are not available, the base power generation has to supply the grid and under those circumstances the
generators know they can demand more for that energy, therefore the concept of a levelized price is down the
toilet. The trading shops that make the prediction that they can get green electrons from Nevada, Arizona or even
California are liars; show me one Utility scale renewable project that has been built in the past 24 months without
a premium price and I promise you it's not at a competitive price even with all the subsidies imaginable. PG&E
has thousands of MW committed to renewables but no one is able to build it because it does not pencil out nor
can be financed. Renewables is a market in crisis and must be perceived as such.
In the world of economics the concept does not make sense when all that is written or shown in the media is a
world in crisis and with financial vulnerability due to Enron and Calpine type financial models and this MEA
platform is a trick to mine the emotional vulnerability of man, Tiburon resident and mask the truth.
Let me assure you that we ( Barbara, my wife and I ) will not participate in this masquerade and I will predict that
the Town of Tiburon will be involved in a Class Action Suit before it sees any reward from this inevitable disaster.
The very best to you and with your challenges. I am travelling on a humanitarian self assignment therefore if you
respond I will not get back to you for a few weeks.
Regards,
Maurice A. Richard
Founder, President
Marco
Power Group LLC
1693 Mar West Street
Tiburon, CA 94920
Off. #415-435-8124 Cell #415-577-1142
Maurice@marcopowergroup.com
www. marcopowergroup.com
3/2/2010
RECEIVED
Date: March 8, 2010 MAR 1 1 2010
To: Director of Community Development TOWN MANAGERS OFFICE
TOWN OF TIBURON
Copy to: Tiburon Town Council
Re: 13 Roseville Ct - lower hillside development project for which no public input
has been taken- note this is not apart of the originally approved pool & cabana plans
From: 120 Howard Dr - located below this hillside development
Short history - This past year we have checked on occasion with Tiburon Planning or
Building to make sure the huge amounts of soil added to the 13 Roseville Ct hillside
(above our home) we're being done properly and with permit. We have also stressed
the need for an excellent drainage system. (photo of 120 Howard Dr, attached #1)
We have mostly been told all was being done to an approved plan. In one instance we
were told that the soil would have to be repacked properly. However, recently we
have discovered that Town officials were unaware of the height of the new soil
buildup over the lower retaining wall (photo attached-#2). This new soil buildup was
apparently covered in a notice from the Planning Dept Re two new walls (attached-0).
We are told the plan was approved but the elevation changes were not noticed.
Here are our questions:
1) Was a permit actually issued for this recent soil build up over the new lower
retaining wall? How close is this new soil buildup to any of the drainage areas
at the closest point?
2) What known necessary permits are still to be issued without public input with
regard to this hillside lot?
3) Are there current code violations on this project and if so what are they?
4) Does the Town have a figure on the immense amounts of soil tonna eg added
to this entire hillside. If not, do they have an estimate?
5) Shouldn't there be a plan check system in place so that elevation changes are
not missed on a hillside project? And shouldn't these changes be spelled out
clearly to surrounding, particularly downhill neighbors
6) The current drainage plan (attached-#4) does not appear to be representative of
the actual work preformed re the v-ditch above 120 Howard Dr. We believe
the current plan shows much upper water, bbeing brought along one side of the
Roseville home down towards 120 Howard and then spilling into the v-ditch
(not shown along the fence line. Has this v-ditch (not shown) been
determined to be able to successfully handle peak water load?
Your written reply would be appreciated.
-
- a
Janet & Sid Daru (enclosed: attachments # 1-5)
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PLANNING DIVISION
PUBLIC COURTESY NOTICE
SITE PLAN & ARCHITECTURAL REVIEW APPLICATION
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ADDRESS: 13 Roseville Court
APPLICANT/OWNER: Van Dusen
FILE NO.: 709091
NOTICE IS HEREBY GIVEN an application for Site Plan and Architectural Review
for the following exterior alterations to the property located at the address mentioned
above was filed with the Town of Tiburon Planning Division on August 17, 2009.
PROJECT DESCRIPTION: Proposal is for the legalization and completion of
the re-grading of the lower hillside below the existing subject home. Two new
walls would be constructed on this hillside and additional landscaping would
be added.
The application is on file at the office of the Town of Tiburon Planning Division. The
proposed project has been determined to be categorically exempt from the
requirements of the California Environmental Quality Act, pursuant to Section
15301.
No formal public hearing is scheduled to be held on this application. A decision on
this application will be reached administratively by the Planning Division no
earlier than September 8. 2009.
Appeal of the administrative decision of the Planning Division may be made by the
applicant or any aggrieved person within five (5) working days following the date of
the decision. Appeals must be made in writing to the Planning Division
accompanied by a $500 filing fee if filed by the applicant, or $300 if filed by another
property owner. Appeals are scheduled for a meeting and public hearing before the
Design Review Board. If you have any questions or concerns regarding this
proposal, please contact this office at (415) 435-7385.
c
Scott Phillips, Assistant Planner Date
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TOWN OF TIBURON
4COFFICE OF DESIGN REVIEW
MONTHLY REPORT
FEBRUARY 2010
DESIGN REVIEW BOARD APPLICATIONS: NUMBER SUBMITTED
2009
► NEW SINGLE FAMILY RESIDENCES
1
1
00.
► MAJOR ADDITIONS/ALTERATIONS
0
2
IN.
► MINOR ADDITIONS/ALTERATIONS
1
0
► (not eligible for Staff Review)
► SIGN PERMITS
0
0
► TREE PERMITS
1
2
► VARIANCE REQUESTS
1
1
► FAR EXCEPTIONS REQUESTS
2
2
► EXTENSION OF TIME
0
0
STAFF REVIEW APPLICATIONS:
Review of minor exterior alterations and additions of less than 500
square feet.
8
9
APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL
0 0
REPORT PREPARED BY: Connie Cashman, Planning Secretary
DATE OF REPORT: March 2, 2010
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,N7 co*4~9 UNITED STATES DEPARTMENT OF COMMERCE
m Economics and Statistics Administration
' U.S. Census Bureau DIGEST
k. Washington, DC 20233-0001
0`?"4rEs of #.1e OFFICE OF THE DIRECTOR
RECEIVED
MAR -1 2010
Dear Elected Official:
Are you up for the "Take 10" challenge?
TOWN MANAGERS OFFICE
TOWN OF TIBURON
On behalf of the U.S. Census Bureau, we are challenging every elected official to join us
in making history by helping to boost the mail back participation rates across the Nation
and in your community during the 2010 Census.
During each Decennial Census, the Census Bureau undertakes the count of every person
residing in the United States, as mandated by Article 1, Section 2 of the U.S
Constitution. To encourage everyone to take 10 minutes to answer the 10 simple
questions on the 2010 Census form, we are launching the "Take 10" campaign. Through
"Take 10," you can visit <www.2010census.gov> to get updates on the proportion of
households that have mailed back 2010 Census forms. You will also be able to view
differences between your community's participation rates and those of neighboring
communities or other areas across the country.
During the 2000 Census, 72 percent of households that received the form mailed it back.
In 2010, we are challenging communities to do even better. The Census Bureau's "Take
10" campaign gives you a wide range of tools to inspire your community to meet our
challenge. These include:
• An interactive, map-based, "Take 10" Web site that allows local areas to track
and compare their 2010 Census snail back participation rates, which will be
updated on a daily basis at <www.2010census.gov>. and to look up their 2000
Census participation rates.
• An electronic toolkit is available which includes talking points, sample speeches,
news releases, newsletter copy, event suggestions, flyers, stickers, and doorknob
hanger templates, and more.
• Suggestions on how to use friendly competition with other communities to inspire
your community to participate in the census.
As an elected official, you can play an important leadership role in encouraging your
constituents to mail back their forms. The 2010 Census questionnaires are delivered from
March 15-17, 2010. From the time the fonns are delivered until the closing of the mail
campaign at the end of April, you have the opportunity to remind your constituents of the
importance of mailing back their census forms and the impact of the census on their
communities. We believe that you can encourage participation through speeches, special
events, and challenges.
aA-
U S C E N S U S B U R E A U
Helping You Make Informed Decisions www.census.gov
Elected Official
The stakes are high; an accurate count of the local population helps to ensure that your
constituents receive their fair share of federal funding. This funding includes resources
for services, such as health care, education, and roads.
Your constituents must complete and mail back their census forms between
March 15, 2010, and April 15, 2010. The good news is that the 2010 Census
questionnaire is one of the shortest in history just 10 questions that only take
about 10 minutes to complete.
We hope we can count on you to encourage your community to participate in the
2010 Census. Visit <www.2010census.gov> now to see your area's 2000 Census snail
participation rate and check the site daily for updates.
The 2010 Census: It's in our Hands.
Sincerely,
Robert M. Groves
Director
U S C E N S U S B U R E A U www.20IOcensus.gov
Regular Meeting DIGEST
BELVEDERE-TIBURON LIBRARY AGENCY
Belvedere-Tiburon Library, Tiburon, California
January 11, 2010
MINUTES
Members Present: Ann Aylwin, Lois Epstein, Mary Falk, Bill Kuhns and Ann Otter
Members Absent: Beverlee Johnson and Steger Johnson
Staff Present: Deborah Mazzolini, Library Director; Mary Vella, Board Clerk
CALL TO ORDER: Chair Epstein called the meeting to order at 6:20PM ECHWE
OPEN FORUM: FEB 2 6 2010
No Comment TOWN CLERK
TOWN OF TIBURON
STAFF, BOARD AND COMMITTEE REPORTS:
1. Chair's Report
Chair Epstein introduced Heather Cameron who is now serving as President of the Foundation. Heather
headed up the BTLF Task Force to restructure the organization.
2. BTLF Report - Heather Cameron
Approval of the new bylaws in November. The first meeting of the new Board was held in December and
covered a variety of administrative and housekeeping issues.
At the January meeting financial policies and authorized signatories approved; term staggering
recommendations approved; approach to build out the Nominating Committee and identify leadership for
Foundation Council agreed on; Teddy Bear Tea results were reported: $3500 net receipts ($6800 gross
receipts/$3000 expenses) - 250 people attended/5 seatings
Other Foundation Activities: Foundation Council sub-committee met on Dec 14 - next steps agreed on-
to identify leadership for the council and to get the structure in place to focus effectively on engagement
issues; brainstorming session planned to begin considering new fundraisers; policy committee began
work to identify areas that could benefit from written policies; communication strategy and tools to keep
both Board and Council up to date being considered; master calendar being created
Library Society: results for most recent campaign - in the process of determining status
3. Library Director's report - Deborah Mazzolini
Circulation statistics for the first six months of the fiscal year, at 163,000 checkouts, are up 15%
compared to the same period in the prior year at 142,000. These figures do not include electronic
downloads which cannot be accurately counted.
Snelling Trust funds are earmarked for music- and marine-related materials. This year the amount
received from the trust has fallen to about $4,000.
The front doors to the lobby require repair and parts are on order. One of the doors is inoperable until
the part arrives.
The copier leases are expiring in March. Discussions are underway as to new leases and/or buyouts.
Computers are replaced every 3 years and so 1/3 of the computers are replaced each year. Virus
developers are outpacing antivirus software. Viruses have been at work on the computers in the
Children's Room and those must be replaced. The library will upgrade its system protection and begin
backing up online.
There has been a rash of theft of our newspaper deliveries lately. Director Mazzolini called the police
about the incidents and they will be attending the next staff meeting to discuss dealing with thieves.
DVDs are also being targeted, particularly on Tuesdays.
4. Financial statement for December 2009
The Agency reviewed the financial reports and noted that the expenditures are at exactly 50% halfway
through the fiscal year. The first installment of tax revenue has been received and despite the fact that
8% was withheld by the state, the figures are slightly greater than budgeted. Through the Prop 1A
securitization, a portion of the 8% should be received in January. The excess ERAF estimate for the
year is $384,698, about $40,000 greater than the prior year. Given the additional tax revenue over
budget, Director Mazzolini requested a $15,000 increase in the book budget.
Belvedere Tiburon Library Agency
January 11, 2010
Minutes
Page 2
A motion to increase the book budget for the current fiscal year to $180,000, made by Trustee Falk and
seconded by Trustee Kuhns, was approved unanimously.
5. Committee Reports
The film, Prize Winner of Defiance, Ohio is being screened on January 151H
The Program Committee has filled all available dates January through March. Two recent programs
were films that had attendance of 40-50 viewers.
The Gently Used Art Auction will be held March 12-14 with a Library Society Opening Party on March
11th. Pamela Dekema is chairing the event with the help of Jeannette Carr.
The Art Committee voted to transfer $5,000 into the fund for Art books.
The San Francisco Fine Arts Museums have discontinued the sale of a pass to libraries. The Library
has many patrons that appreciate the use of a pass to the de Young and the Legion of Honor. FAMSF
agreed to sell $75 one-time passes for $500. If this new program proves to be a success, it may be
continued. The Library continues to benefit from an annual pass to the Asian Art Museum, the
Exploratorium, the Bay Area Discovery Museum and the Museum of Arts and Crafts.
CONSENT CALENDAR:
6. Approval of minutes of November 16, 2009
7. Approval of warrants and in house check register November and December 2009
A motion to approve the minutes of November 16th and the warrants and registers of November and
December 2009 made by Trustee Falk and seconded by Trustee Kuhns passed.
TRUSTEE CONSIDERATIONS
8. Building Program Expansion and EIR Update
Drawings pertaining to the grading are anticipated fairly soon and these will be assessed. Once the EIR
is completed there will be a public meeting before the Planning /commission at which comments will be
taken.
The small marketing brochure is in the review stage.
9. Organizational Chart
The chart reflects the variety of committees under the BTLA and the BTLF. The working committees are
all under the auspices of the BTLA, however the chairs of the Program, Art and Film Committees are
members of the Foundation Council. BTLA Trustees are members of the Foundation Council, not the
Board of Directors. The Foundation's Board of Directors is focused on BTLF governance and financial
matters. The Foundation Council will focus on fundraising and events.
10. Status of the budget, tax revenue and Prop 1 A funding
There have been no further suggested cuts to library funding by the state.
11. People Counter
The counter is installed at 36" which means it misses the little people, and the library gets lots of them.
Still it appears that a weekly average is about 4,000 per week. Nearly half of our circulation statistics
are attributable to Inter-Library Loan (ILL) and direct loans to people that live outside of 94920.
12. Materials Security System
Given the rash of theft, the Trustees recommended securing the new DVDs and reinstating the security
system.
COMMUNICATIONS
13. Monthly calendar
14. Schedule of 2009 meeting dates
15. OUM correspondence
Belvedere Tiburon Library Agency
January 11, 2010
Minutes
Page 3
The Trustees had no questions regarding the audit and financials from the previous fiscal year.
ADJOURNMENT: The regular meeting adjourned at 7:40 pm.
Respectfully submitted,
Mary Vella
Upcoming meeting:
Monday, February 8th at 6:15pm. An email will be sent to ensure a quorum.
MINUTES #2
TIBURON DESIGN REVEW BOARD
MEETING OF FEBRUARY 4, 2010
The meeting was opened at 7:00 p.m. by Chair Chong.
A. ROLL CALL
Present: Chair Chong, Vice-Chair Tollini, Boardmembers Kricensky and Wilson
Absent: None
Ex-Officio: Associate Planner Tyler and Minutes Clerk Rusting
B. PUBLIC COMMENTS - None
C. STAFF BRIEFING
7to
Associate Planner Tyler announced that 280 Loma Avenue has been continued to the February 18, 2010
meeting and may possibly be postponed to the first meeting in March.
D. OLD BUSINESS BEFORE THE BOARD - None
E. NEW BUSINESS BEFORE THE BOARD
1. 280 Loma Avenue Goodhart Additions/Floor Area Exception
CONTINUED TO 2/18/10
2. 77 Round Hill Road Mariner Homes New Single-Family Dwelling/
Variance for Reduced Front Yard
Setback
On September 1, 2005, the Design Review Board approved an application to construct a new single-
family dwelling with a variance for reduced front yard setback, on a vacant lot located at 77 Round Hill
Road. The owners of the adjacent property at 75 Round Hill Road appealed the Board's decision to
approve the project, based on several grounds which included that the design of the house would create
unwanted view and privacy impacts. The Council denied the appeal at its November 2, 2005 meeting.
On September 17, 2009, the Board reviewed a proposal for modifications to the approved single family
dwelling, which included relocating the garage footprint, garage doors and driveway access. The
approved building footprint would shift and expand in order to allow for modified living space. However,
it would shift the home closer to 75 Round Hill Road. After much discussion, the Board continued the
item, with direction given to the applicant to provide better communication of the designs proposed, and
noted that these modifications would shift the home closer to the neighbor at 75 Round Hill Road. The
applicant withdrew the application shortly thereafter. Minutes of the meeting are attached as Exhibit 3.
The applicant has since re-evaluated the project for a more functional design, and has decided to reapply
for a new dwelling. The project design is substantially different enough from the existing approval to
constitute a new application rather than modifications to an existing approval.
TIBURON D.R.B. MINUTES #2
2/4/10
Carl Weissensee, owner, said they currently have an approved permit that must be started within 5 months
or new design review will be required. At the last meeting they presented a plan to create a larger
landscape buffer between 75 and 77 Round Hill Road. When they did not receive approval, his partner
lost interest and Mr. Weissensee took over the property. He has worked with the architect to come up
with changes in response to the DRB's comments at the last meeting.
He said the neighbors requested moving the garage an additional 8 feet from their property, lowering the
roof by I foot, and planting trees to screen their view of the house. In response to requests, he has
eliminated the entire room on the second story, dropped the roof by 1 foot, and added plantings. He
moved the family room away from the street and added a library. More of the house is buried in the hill
than before.
Kyle Thayer, Architect, summarized changes to the plans. At the lower level, bedrooms 1 and 2 moved
over 5 feet into the hillside, thereby reducing the footprint of the building on that side. The garage was
rotated for a better orientation to the street and the garage slab was raised 2 feet to achieve a better
backing in process. The family room moved to the west and to the south, a den and library were created
in the area. They reduced the size of the living room and pushed it over 4 feet into the hillside. They
lowered the entire building by I foot. The biggest change was to move the upper floor area a good
distance away from the sides of the lower floor area. It is now 45 feet away from the parking pad,
whereas before it was 38 feet. They have moved the house approximately 6 feet downhill. All of these
changes together result in an increased planting area on the neighbor's side, which will be used to create a
buffer.
Mr. Weissensee said all of the changes were completed in order to create more planting area and reduce
the mass of the structure. The landscape area is quadruple the area of the landscape area in the old plan.
The public hearing was opened.
Public Comments:
Charles Sofnas suggested all they have heard is a comparison between a new plan and a plan that is not
approved. The plan that is approved is dramatically different.
Boardmember Kricensky corrected Mr. Sofnas and stated that the applicant is comparing to the plan that
was approved and not the one they previously rejected.
Mr. Sofnas said they are immediately adjacent to the site and strongly object to it. They made their
objections clear at the last meeting and said the new plan made the house larger and moved it closer to
their property than the previously approved plan. He noted that the new plan was rejected by the Board;
however, he said he does appreciate the developer moving the garage. He was contacted by Miles Berger,
a member of the Town Council at the time, who wished to speak with them about the plans. They met at
his house to discuss ideas and they agreed to the following modifications:
• Reduce the proposed larger footprint to the approved smaller footprint
• Move the proposed house 5 additional feet from their property line
• Plant additional and larger trees, larger than the 24-inch box trees in the proposal
• Remove the retaining wall
• Reduce the height of the house
Mr. Sofnas said Mr. Berger agreed these were reasonable requests. The developer rejected their ideas and
he requested the DRB reject the proposed plan as submitted.
TIBURON D.R.B. MINUTES #2
2/4/10
Dale Sofnas said the house is 9 feet closer to their property than the originally approved house. It has
been 5 years of tremendous stress and worry for them. They are 3 5 year residents of Tiburon and all they
want is a compromise of 4 or 5 feet so the proximity and the height that affects them so greatly is altered.
They would like maximum screening with mature evergreens.
Frank Doyle said he likes the new house better than the old house. He likes that the height has been
dropped by an entire floor because it feels less "condo-like." Both plans are similar in how they affect his
property. He would like to see the parking area minimized to create more of a landscape buffer and an
oak tree of similar size to the other mature landscaping on the other side of the entry. He felt there were
only so many ways to squeeze the house and he was not sure how much more could be changed.
Mr. Weissensee said they moved the house 2 '/z feet further from the Sofnas' property from the plan that
was rejected and were trying to get as far away as possible. In addition, they eliminated the upper floor in
that area which can be completely blocked by shrubbery and plantings. He suggested removing the upper
floor as a far better solution than moving the entire structure 8 feet away. He thinks the retaining wall is
valuable and can be blocked by 3 foot shrubs. They would be stepping up the hill with landscaping. He
agreed to add another oak tree to the front of the house and thought that was a good suggestion and the
parking could also be shifted now that there is extra space created by moving the house.
Vice-Chair Tollini asked how many feet the northeast corner had shifted from the approved plan. Mr.
Thayer measured it and reported it had shifted 7 feet. Vice-Chair Tollini asked if the height of that corner
had changed. Mr. Weissensee said the height of the roof is the same for the current proposal and the
approved plan.
The public hearing was closed
Boardmember Wilson said he inspected the site today and visited the neighbors at 75 and 85 Round Hill
Road. He appreciated the reduction in mass of the second story and the trees they will be keeping in the
front. He was concerned there is not a lot of entrance detail. There is no tangible plan showing the front
entrance detail and he would like to see more details. He was also concerned about the new
library/bedroom and suggested putting in another tree in that location to soften the fagade. He suggested
removing the parking stall in front completely or shifting it over and said it would make more sense to
have the third stall with the other two.
Vice-Chair Tollini agreed with Boardmember Wilson, although he was not as concerned about detail near
the front door because it is subterranean. He was concerned about the setback variance and said he would
like to see more screening. He thinks an oak tree might not be the best solution because it can block
views. The parking in front would exacerbate the closeness of the house to the road. On the east side of
the house, he appreciates that the house is 7 feet closer to the Sofnas and that is more than is currently
approved. However, all things considered, he thinks that is superior because it allows for more
landscaping and only one story. The new design is 7 feet closer and is more attractive, and even if it were
not for the prior design, he would be okay with the design of this house.
Boardmember Kricensky agreed and said the isolated parking space should be moved so 3 cars could park
in the driveway. To mirror the tree on the other side is a good suggestion and he liked the idea of it also
being an oak tree. He thinks the driveway and the stepped landscaping is far superior to what was
approved before. Unfortunately, it was not well communicated to the neighbor. The view setback
restricts use on 52% of the building envelope, and he thinks that substantiates granting the front yard
setback. The setback seems similar to the neighbors. With all of the constraints he thinks the applicant
has done a good job and thinks the plan is a good compromise.
TIBURON D.R.B. MINUTES #2
2/4/10
Vice-Chair Tollini said he thinks the landscaping is fairly generous and believed that the fast-growing
evergreens will work out well.
Chair Chong said he compared this plan to the originally approved plan and thinks it is a lot better.
Removing the second story gives more sky and light and the landscaping will look nice. He suggested a
conditional approval to address the remaining issues. He asked if there is a size larger than a 24 inch box.
Associated Planner Tyler said a 24-inch box tree is somewhat mature; any additional landscape
improvements would have to be contingent on approval by the Fire Marshall since they have a currently
approved VMP landscape plan.
Boardmember Wilson said the owner could revert to the original approved plan and could start building
within 5 months. The other Boardmembers agreed the new proposed plan is superior to the originally
approved plan and that they did not want to revert to the originally approved plan.
ACTION: It was M/S (Tollini/Wilson) that the request for 77 Round Hill Road is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15301, and the request is approved,
subject to the attached conditions of approval and the following additional conditions of approval:
Relocate the isolated parking space on the northwest so it is adjacent to the two existing parking spaces,
and expand on plantings in the northwest portion of the property and plant one tree at the entry of the
property, with all plantings contingent upon approval by the Fire Marshall. Vote: 4-0.
F. APPROVAL OF MINUTES #1 OF THE 1/21/10 DESIGN REVIEW BOARD MEETING
ACTION: It was M/S (Kricensky/Wilson) to approve Minutes 41 of the January 21, 2010 meeting as
written. Vote: 4-0.
G. ADJOURNMENT
The meeting was adjourned at 7:58 p.m.
TIBURON D.R.B. MINUTES #2 4
2/4/10
S•
PLANNING COMMISSION
MINUTES NO. 993
February 10, 2010
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.
o,GF~T
Present: Chair Kunzweiler, Commissioners Corcoran, Doyle, Frymier, and Tollini
Absent: None
Staff Present: Director of Community Development Anderson and Minutes Clerk Levison
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Director of Community Development Anderson welcomed Commissioners Doyle and Tollini as
new Commissioners. He stated that the Alta Robles EIR hearing is scheduled for February 24,
2010.
ELECTION OF VICE CHAIR:
Chairman Kunzweiler opened the floor to nominations. Commissioner Corcoran nominated
Commissioner Frymier for Vice Chair and there were no other nominations. The Commission
voted 5-0 to elect Commissioner Frymier as Vice Chair.
PUBLIC HEARING:
1. 700 TIBURON BOULEVARD: CONDITIONAL USE PERMIT FOR THE
INSTALLATION AND OPERATION OF A CO-LOCATED WIRELESS
COMMUNICATIONS FACILITY; FILE #10904; Belvedere Tennis Club, Owner;
WesTower Communications for Clearwire (Clear Wireless L.L.C.), Applicant;
Assessor's Parcel No. 055-201-36
Mr. Anderson presented the staff report, stating that Clearwire has submitted an application for a
conditional use permit to install and operate a co-located wireless communications facility
(WCF) on property located at 700 Tiburon Boulevard (the Belvedere Tennis Club). The WCF
would consist of installing antennas, microwave dishes, remote radio units, and an equipment
cabinet inside an existing detached shed building on the property. A new "false roof' would be
added to the top of the shed to create the space needed to conceal the WCF equipment. A small
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10. 2010 MINUTES NO. 993 PAGE 1
Global Positioning System antenna would be installed behind the shed as well. The facility
would be used for broadband wireless network services, also called WIMAX. This type of
technology turns the entire coverage area into a broadband wireless internet-served area, whether
it is accessed from a home, office, or vehicle. The facility would be co-located on the site with an
existing Sprint WCF facility, which has equipment located in a separate shed approximately 70
feet to the south, separated by a tennis court, and has antennas located to the north of the
proposed facility.
Clearwire is a new wireless communications entrant to the Tiburon Peninsula. This facility is
part of a series of five installations proposed to provide service coverage for portions of the
surrounding Peninsula vicinity. The proposed sites include one site in Strawberry, one site in
Eagle Rock, and three sites in Tiburon. The Planning Commission has previously approved the
other two Tiburon sites, and the County applications are scheduled to be acted upon in the next
month or so.
The Belvedere Tennis Club has been used as a WCF site since 2000, when the Town approved a
Nextel (now Sprint/Nextel) facility. The Sprint WCF permit was reviewed in 2002 and again in
2007 and is in good standing. No public comments in opposition were received during either
renewal hearing and the Town is not aware of any problems or complaints regarding the Sprint
facility.
It appears to staff that the proposed wireless communications facility would be consistent with
the Town's WCF Standards. The facility would have very low visual impacts and would comply
with FCC standards regulating RF emissions. The applicant submitted a radio frequency report
evaluating the proposed facility's compliance with applicable FCC standards, including
measurements of the Sprint facility already on site and predictive modeling for the operation of
the existing and proposed facilities. The report indicated that the combined operation of the
Sprint and Clearwire antennas would not exceed 28% of the FCC public limit anywhere at
ground level and would be less that 1% at the nearest second-floor residential units. The false
roof concealing the WCF antennas would not appear to intrude on any important views from
surrounding properties, based on story poles and photo simulations. Staff has provided a 600-
foot plus notification area to alert residents to the potential for view obstruction, but has received
no calls or contacts regarding view blockage concerns.
Staff recommended that the Commission accept public testimony and approve the project subject
to conditions contained in the staff report.
Ryan Elias-Berg, Clearwire, said his company worked closely with Belvedere Tennis Club to
minimize any design impacts and he fully supports the staff recommendation.
Commissioner Corcoran asked if any consideration was given to alternative sites that would not
create view obstructions from surrounding properties. Mr. Elias-Berg stated that the existing
tennis court light poles, which Sprint equipment is located on, were not available for this
installation. This was one of the few non-residential sites within Clearwire's search range, and he
feels it is the most suitable location.
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10. 2010 MINUTES NO. 993 PAGE 2
Commissioner Corcoran asked if the site would function as well if installed at a lower height.
Mr. Elias-Berg stated that this is the minimum acceptable height that would allow the microwave
dishes a clear line of sight to other antennas.
Commissioner Corcoran inquired about EMF emissions on either side of the installation,
particularly on the multi-use pathway. Bill Hammett, Hammett & Edison, said the proposal calls
for two antennas serving areas on either side if the multi-use pathway and levels are lower at the
pathway because the antennas are not directly aimed at that location.
Chair Kunzweiler opened the public hearing.
Public Comments:
John Hennansky stated that he lives directly across from the Belvedere Tennis Club. He noted
that the Club is required to keep the bordering eucalyptus hedge trimmed to specific heights and
that is the standard he is accustomed to using in terms of the height of any new structures. The
proposed equipment enclosure exceeds that height and he asked that the ordinance be respected.
He appreciated Commissioner Corcoran's questions, acknowledged Mr. Elias-Berg's
explanations, and stated that this is the limit of what he could accept in terms of view obstruction
and pollution and would begin to protest any additional facilities which would exceed the height
of that hedge.
Mr. Elias-Berg said he appreciates the residents' concerns and assured the Commission he
worked, diligently to minimize the structure's height and any resulting impacts.
Chair Kunzweiler closed the public hearing.
Vice-Chair Frymier said the issue of design is key to residents along Hawthorne Drive and
across Tiburon Boulevard. She said the Commission discussed the details of the Clearwire
network for the peninsula, including the Town's WCF Standards and FCC exposure limits, at its
last meeting. She supports the Commission's previous action as well as this portion of the
project.
Commissioner Corcoran said he would love to see the installation elsewhere on the site if at all
possible. He suggested that if the applicant were to relocate the equipment closer to Tiburon
Boulevard and on the opposite side of the pool, it may provide improved communication angles
for equipment and eliminate any competition with views of nearby residents. He cautioned
against "creeping" view impacts which can seem relatively insignificant until enough are present
to render the cumulative impact obtrusive. He said it is wonderful for the Town to have been
selected by Clearwire. He believes the overall proposal to be reasonable, and could support the
application as proposed if the rest of the Commission concurred.
Commissioner Tollini shared Commissioner Corcoran's and Mr. Hermansky's concerns that
future requests could ultimately yield significant view impacts to this area. She said this singular
impact is not an issue for her but requested that it be closely watched.
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10, 2010 MINUTES NO. 993 PAGE 3
Commissioner Doyle concurred and recalled that when reconstruction of the Club was approved,
the Design Review Board did request that the health club roof be reduced in height in order to
retain neighbor's views. He said the applicant seems to have selected the most appropriate
location given the restrictions associated with such a project, although he wished there were a
way to eliminate all view impacts.
Chair Kunzweiler echoed the concerns and observations shared by all Commissioners. He stated
that the Town's WCF Standards provide significant restrictions in terms of offering this sort of
service, all of which the applicant has complied with. He thought relocating the installation
would create a new set of issues, said the true goal is to balance public safety with public need,
and said he could accept the proposal, as submitted.
ACTION: It was WS (Corcoran/Doyle) to adopt the resolution granting the conditional use
permit for the installation and operation of a co-located wireless communications facility at 700
Tiburon Boulevard. Motion carried: 5-0.
DISCUSSION ITEM
2. 700 TIBURON BOULEVARD: ANNUAL REVIEW OF A CONDITIONAL USE
PERMIT TO EXPAND A PRIVATE RECREATINAL FACILITY (BELVEDERE
TENNIS CLUB), FILE #10503; Assessor's Parcel No. 055-201-36
Mr. Anderson presented the staff report, stating that on March 8, 2006, the Planning Commission
adopted Resolution No. 2006-07 approving a conditional use permit for the expansion of a
private recreational facility (the Belvedere Tennis Club, or BTC) on property located at 700
Tiburon Boulevard. The conditions of that approval provided for a review of the permit within
six months of occupancy. The Planning Commission reviewed the use permit in January 2009
and found the use in compliance. The Commission directed that another review be held in
approximately one year.
Mr. Anderson stated that the use appears to comply with all conditions set forth by the permit
and that, in reviewing the minutes from the January 2009 use permit review, staff noted
references to traffic safety concerns over the Tiburon Boulevard entrance/exit to the BTC. The
Tiburon Police Department has indicated that there were five accidents at this intersection in the
past five years, but only one since the expansion project was completed over 19 months ago. At
that time, the Commission requested that the Town Engineer review the situation. The Town
Engineer has submitted a memo which indicates that the addition of minor signage and striping
could marginally enhance traffic safety at that intersection.
Referring to the Town Engineer's recommendations, Commission Corcoran requested
clarification on stop bars. Mr. Anderson said that a stop bar is a white painted line on the ground
past which a vehicle's wheels should not travel without stopping before entering an intersection.
Jane Duffy, BTC President, said she can appreciate the Commission's traffic safety concerns.
She did not believe there to be any particular issues associated with the intersection except that it
is something everyone, as motorists, should pay attention to.
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10. 2010 MINUTES NO. 993 PAGE 4
Vice-Chair Frymier inquired about the Club's use of valet parking. Ms. Duffy confirmed that the
BTC has, on occasion and in accordance with the use permit, secured valet parking.
Mary Hayden, former BTC General Manager, said valet services have been used every time the
Club's parking lot capacity was expected to be exceeded, roughly six to seven times since the
new facility opened.
Vice-Chair Frymier asked if a left-hand turn onto Tiburon Boulevard is permitted. Ms. Hayden
confirmed that it is. Vice-Chair Frymier asked if a "no left turn" sign that was posted at the
entrance/exit had been removed. Ms. Hayden explained that the "no left turn" sign was initially
installed by the BTC, was not required by the Town, and was removed once driveway
improvements were completed.
Chair Kunzweiler opened the public hearing.
Public Comments:
John Hermansky said there have been many close calls at the Club's intersection with Tiburon
Boulevard but did acknowledge that certain improvements have been made. He said the BTC has
planted a new hedge along Tiburon Boulevard and that, while it does provide privacy, it would
be nice if it were trimmed. He said the Club's events have been rather quiet, that he has been
able to work out any issues over lighting with club staff, and that he generally feels favorable
about the use.
Quentin Hills, former BTC President, said he has gone out of 4is way to work with neighbors
and ensure compliance with every aspect of the permit's conditions. He said the entrance/exit
onto Tiburon Boulevard was improved with a conscious effort to increase visibility and safety.
He noted that the last reported accident occurred during construction and prior to the driveway
being addressed.
Commissioner Corcoran asked his thoughts on the Town Engineer's recommendation. Mr. Hills
admitted to not having reviewed the memorandum in detail, but said that anything which
increases awareness of safety would appear to be a good thing. He said he believes members are
particularly cognizant of that exit but admitted that cars do often round the blind corner at a high
rate of speed.
Commissioner Corcoran asked if the improvements would be burdensome. Mr. Hill did not feel
they would be. Ms. Hayden noted the Commission's concern regarding view obstruction and
said additional signs could contribute to visual pollution.
Chair Kunzweiler closed the public hearing.
Commissioner Tollini commended the BTC for being a good neighbor and complying with all
conditions set forth by the use permit. She supported the Town Engineer's recommendations, as
they seem minor and could improve traffic flow and safety. She could support finding
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10. 2010 MINUTES NO. 993 PAGE 5
conformance of the use with its conditions and questioned whether continued annual review
would be necessary.
Commissioner Doyle concurred and said he would support the Town Engineer's
recommendations, regardless of club activities. He noted that landscaping has grown in on the
outer wall near the pool and is effective at decreasing noise pollution. He said the club seems to
be doing all the right things and with the right intentions.
Vice-Chair Frymier recalled that there was considerable public comment when the original
project came before the Design Review Board. She commended the BTC on creating a beautiful
facility that also improved the community as a whole, for abiding by the conditions of the use
permit, and for making a concerted effort to work with neighbors. She supported an annual
review of the use permit, noting that the facility is still new and other similar uses in town are
also subject to annual review. She also supported the Town Engineer's recommendations and
asked staff if it would be possible to incorporate one of the smaller stop signs, such as she has
seen elsewhere in Town. Mr. Anderson confirmed and explained that there is more flexibility in
terms of size and design of traffic signage when it is located on private property as opposed to a
public street.
Commissioner Corcoran echoed Vice-Chair Frymier's comments. He respected the judgment of
the Town Engineer and felt the recommended improvements were important despite any
potential view impacts. He also supported Vice-Chair Frymier's suggestion on smaller signage.
He said that while he was initially in favor of a longer review period, he now feels an annual
review would be fair and appropriate. He said the same has been imposed on many other clubs in
Town and noted that, following facility improvements like those performed here, club
membership and events typically increase and could lead to increased impacts. He stated support
for the use permit, with the additional traffic signs recommended by the Town Engineer.
Chair Kunzweiler stated that the Club looks wonderful and is an incredible improvement over
what previously existed there. He said there is Commission agreement on both the Club's
compliance with the conditions of the use permit as well as on the recommendations of the Town
Engineer. He said it is important to do so in a way that minimizes visual impact but that it is not
appropriate for the Commission to design traffic signs. He said there are a number of
organizations within Town whose use permits are subject to annual review and that there is some
question as to when to remove that obligation. He recommended that, given the Club's
compliance, that requirement be dropped and noted that the idea could be revisited if a need were
to arise.
Commissioner Corcoran said he believed that discussion of that issue would be more appropriate
in another year. He acknowledged that no significant issues have been identified but said the new
facility has only been open for nineteen months. He recommended that the Commission engage
in a larger discussion in terms of permit reviews for all affected uses within the Town.
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10. 2010 MINUTES NO. 993 PAGE 6
ACTION: It was M/S (Frymier/Tollini) to find the use is in substantial compliance with its
conditional use permit, direct staff to schedule another review in one year, and direct staff to
work with the applicant on implementing the traffic signage recommendations of the Town
Engineer. Motion carried: 5-0.
MINUTES:
2. PLANNING COMMISSION MINUTES - Regular Meeting of January 13, 2010
Vice-Chair Frymier requested the following correction to the minutes:
• Page 3, 2nd paragraph - "He explained that the vineyard is located at his home which is
zoned for only agricultural use, ea-qd so a tasting room would not be permitted there."
Commissioner Corcoran requested the following correction to the minutes:
• Page 7, last paragraph - "Commissioner Corcoran acknowledged Mr. Pursley's
comments, said he had similar concerns himself, and said it is important to look at these
facilities in a eenel isive comprehensive way."
ACTION: It was MIS (Frymier/Corcoran) to approve the minutes of January 13, 2010, as
amended. Motion carried: 5-0.
ADJOURNMENT:
The Planning Commission adjourned the meeting at 8:24 p.m.
JOHN KUNZWEILER, CHAIRMAN
TIBURON PLANNING COMMISSION
ATTEST:
SCOTT ANDERSON, SECRETARY
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10, 2010 MINUTES NO. 993 PAGE 7
PLANNING COMMISSION 40/0
MINUTES NO. 993
February 10, 2010
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, Doyle, Frymier, and Tollini
Absent: None
Staff Present: Director of Community Development Anderson and Minutes Clerk Levison
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Director of Community Development Anderson welcomed Commissioners Doyle and Tollini as
new Commissioners. He stated that the Alta Robles EIR hearing is scheduled for February 24,
2010.
ELECTION OF VICE CHAIR:
Chairman Kunzweiler opened the floor to nominations. Commissioner Corcoran nominated
Commissioner Frymier for Vice Chair and there were no other nominations. The Commission
voted 5-0 to elect Commissioner Frymier as Vice Chair.
PUBLIC HEARING:
1. 700 TIBURON BOULEVARD: CONDITIONAL USE PERMIT FOR THE
INSTALLATION AND OPERATION OF A CO-LOCATED WIRELESS
COMMUNICATIONS FACILITY; FILE #10904; Belvedere Tennis Club, Owner;
WesTower Communications for Clearwire (Clear Wireless L.L.C.), Applicant;
Assessor's Parcel No. 055-201-36
Mr. Anderson presented the staff report, stating that Clearwire has submitted an application for a
conditional use pen-nit to install and operate a co-located wireless communications facility
(WCF) on property located at 700 Tiburon Boulevard (the Belvedere Tennis Club). The WCF
would consist of installing antennas, microwave dishes, remote radio units, and an equipment
cabinet inside an existing detached shed building on the property. A new "false roof' would be
added to the top of the shed to create the space needed to conceal the WCF equipment. A small
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10, 2010 MINUTES NO. 993 PAGE 1
Global Positioning System antenna would be installed behind the shed as well. The facility
would be used for broadband wireless network services, also called WIMAX. This type of
technology turns the entire coverage area into a broadband wireless internet-served area, whether
it is accessed from a home, office, or vehicle. The facility would be co-located on the site with an
existing Sprint WCF facility, which has equipment located in a separate shed approximately 70
feet to the south, separated by a tennis court, and has antennas located to the north of the
proposed facility.
Clearwire is a new wireless communications entrant to the Tiburon Peninsula. This facility is
part of a series of five installations proposed to provide service coverage for portions of the
surrounding Peninsula vicinity. The proposed sites include one site in Strawberry, one site in
Eagle Rock, and three sites in Tiburon. The Planning Commission has previously approved the
other two Tiburon sites, and the County applications are scheduled to be acted upon in the next
month or so.
The Belvedere Tennis Club has been used as a WCF site since 2000, when the Town approved a
Nextel (now Sprint/Nextel) facility. The Sprint WCF permit was reviewed in 2002 and again in
2007 and is in good standing. No public comments in opposition were received during either
renewal hearing and the Town is not aware of any problems or complaints regarding the Sprint
facility.
It appears to staff that the proposed wireless communications facility would be consistent with
the Town's WCF Standards. The facility would have very low visual impacts and would comply
with FCC standards regulating RF emissions. The applicant submitted a radio frequency report
evaluating the proposed facility's compliance with applicable FCC standards, including
measurements of the Sprint facility already on site and predictive modeling for the operation of
the existing and proposed facilities. The report indicated that the combined operation of the
Sprint and Clearwire antennas would not exceed 28% of the FCC public limit anywhere at
ground level and would be less that 1 % at the nearest second-floor residential units. The false
roof concealing the WCF antennas would not appear to intrude on any important views from
surrounding properties, based on story poles and photo simulations. Staff has provided a 600-
foot plus notification area to alert residents to the potential for view obstruction, but has received
no calls or contacts regarding view blockage concerns.
Staff recommended that the Commission accept public testimony and approve the project subject
to conditions contained in the staff report.
Ryan Elias-Berg, Clearwire, said his company worked closely with Belvedere Tennis Club to
minimize any design impacts and he fully supports the staff recommendation.
Commissioner Corcoran asked if any consideration was given to alternative sites that would not
create view obstructions from surrounding properties. Mr. Elias-Berg stated that the existing
tennis court light poles, which Sprint equipment is located on, were not available for this
installation. This was one of the few non-residential sites within Clearwire's search range, and he
feels it is the most suitable location.
TIBURON PLANNING COMMISSION MINUTES- FEBRUARY 10, 2010 MINUTES NO. 993 PAGE 2
Commissioner Corcoran asked if the site would function as well if installed at a lower height.
Mr. Elias-Berg stated that this is the minimum acceptable height that would allow the microwave
dishes a clear line of sight to other antennas.
Commissioner Corcoran inquired about EMF emissions on either side of the installation,
particularly on the multi-use pathway. Bill Hammett, Hammett & Edison, said the proposal calls
for two antennas serving areas on either side if the multi-use pathway and levels are lower at the
pathway because the antennas are not directly aimed at that location.
Chair Kunzweiler opened the public hearing.
Public Comments:
John Hermansky stated that he lives directly across from the Belvedere Tennis Club. He noted
that the Club is required to keep the bordering eucalyptus hedge trimmed to specific heights and
that is the standard he is accustomed to using in terms of the height of any new structures. The
proposed equipment enclosure exceeds that height and he asked that the ordinance be respected.
He appreciated Commissioner Corcoran's questions, acknowledged Mr. Elias-Berg's
explanations, and stated that this is the limit of what he could accept in terms of view obstruction
and pollution and would begin to protest any additional facilities which would exceed the height
of that hedge.
Mr. Elias-Berg said he appreciates the residents' concerns and assured the Commission he
worked diligently to minimize the structure's height and any resulting impacts.
Chair Kunzweiler closed the public hearing.
Vice-Chair Frymier said the issue of design is key to residents along Hawthorne Drive and
across Tiburon Boulevard. She said the Commission discussed the details of the Clearwire
network for the peninsula, including the Town's WCF Standards and FCC exposure limits, at its
last meeting. She supports the Commission's previous action as well as this portion of the
project.
Commissioner Corcoran said he would love to see the installation elsewhere on the site if at all
possible. He suggested that if the applicant were to relocate the equipment closer to Tiburon
Boulevard and on the opposite side of the pool, it may provide improved communication angles
for equipment and eliminate any competition with views of nearby residents. He cautioned
against "creeping" view impacts which can seem relatively insignificant until enough are present
to render the cumulative impact obtrusive. He said it is wonderful for the Town to have been
selected by Clearwire. He believes the overall proposal to be reasonable, and could support the
application as proposed if the rest of the Commission concurred.
Commissioner Tollini shared Commissioner Corcoran's and Mr. Hermansky's concerns that
future requests could ultimately yield significant view impacts to this area. She said this singular
impact is not an issue for her but requested that it be closely watched.
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10, 2010 MINUTES NO. 993 PAGE 3
Commissioner Doyle concurred and recalled that when reconstruction of the Club was approved,
the Design Review Board did request that the health club roof be reduced in height in order to
retain neighbor's views. He said the applicant seems to have selected the most appropriate
location given the restrictions associated with such a project, although he wished there were a
way to eliminate all view impacts.
Chair Kunzweiler echoed the concerns and observations shared by all Commissioners. He stated
that the Town's WCF Standards provide significant restrictions in terms of offering this sort of
service, all of which the applicant has complied with. He thought relocating the installation
would create a new set of issues, said the true goal is to balance public safety with public need,
and said he could accept the proposal, as submitted.
ACTION: It was M/S (Corcoran/Doyle) to adopt the resolution granting the conditional use
permit for the installation and operation of a co-located wireless communications facility at 700
Tiburon Boulevard. Motion carried: 5-0.
DISCUSSION ITEM
2. 700 TIBURON BOULEVARD: ANNUAL REVIEW OF A CONDITIONAL USE
PERMIT TO EXPAND A PRIVATE RECREATINAL FACILITY (BELVEDERE
TENNIS CLUB), FILE #10503; Assessor's Parcel No. 055-201-36
Mr. Anderson presented the staff report, stating that on March 8, 2006, the Planning Commission
adopted Resolution No. 2006-07 approving a conditional use permit for the expansion of a
private recreational facility (the Belvedere Tennis Club, or BTC) on property located at 700
Tiburon Boulevard. The conditions of that approval provided for a review of the permit within
six months of occupancy. The Planning Commission reviewed the use permit in January 2009
and found the use in compliance. The Commission directed that another review be held in
approximately one year.
Mr. Anderson stated that the use appears to comply with all conditions set forth by the permit
and that, in reviewing the minutes from the January 2009 use permit review, staff noted
references to traffic safety concerns over the Tiburon Boulevard entrance/exit to the BTC. The
Tiburon Police Department has indicated that there were five accidents at this intersection in the
past five years, but only one since the expansion project was completed over 19 months ago. At
that time, the Commission requested that the Town Engineer review the situation. The Town
Engineer has submitted a memo which indicates that the addition of minor signage and striping
could marginally enhance traffic safety at that intersection.
Referring to the Town Engineer's recommendations, Commission Corcoran requested
clarification on stop bars. Mr. Anderson said that a stop bar is a white painted line on the ground
past which a vehicle's wheels should not travel without stopping before entering an intersection.
Jane Duffy, BTC President, said she can appreciate the Commission's traffic safety concerns.
She did not believe there to be any particular issues associated with the intersection except that it
is something everyone, as motorists, should pay attention to.
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10. 2010 MINUTES NO. 993 PAGE 4
Vice-Chair Frymier inquired about the Club's use of valet parking. Ms. Duffy confirmed that the
BTC has, on occasion and in accordance with the use permit, secured valet parking.
Mary Hayden, former BTC General Manager, said valet services have been used every time the
Club's parking lot capacity was expected to be exceeded, roughly six to seven times since the
new facility opened.
Vice-Chair Frymier asked if a left-hand turn onto Tiburon Boulevard is permitted. Ms. Hayden
confirmed that it is. Vice-Chair Frymier asked if a "no left turn" sign that was posted at the
entrance/exit had been removed. Ms. Hayden explained that the "no left turn" sign was initially
installed by the BTC, was not required by the Town, and was removed once driveway
improvements were completed.
Chair Kunzweiler opened the public hearing.
Public Comments:
John Hermansky said there have been many close calls at the Club's intersection with Tiburon
Boulevard but did acknowledge that certain improvements have been made. He said the BTC has
planted a new hedge along Tiburon Boulevard and that, while it does provide privacy, it would
be nice if it were trimmed. He said the Club's events have been rather quiet, that he has been
able to work out any issues over lighting with club staff, and that he generally feels favorable
about the use.
Quentin Hills, former BTC President, said he has gone out of his way to work with neighbors
and ensure compliance with every aspect of the permit's conditions. He said the entrance/exit
onto Tiburon Boulevard was improved with a conscious effort to increase visibility and safety.
He noted that the last reported accident occurred during construction and prior to the driveway
being addressed.
Commissioner Corcoran asked his thoughts on the Town Engineer's recommendation. Mr. Hills
admitted to not having reviewed the memorandum in detail, but said that anything which
increases awareness of safety would appear to be a good thing. He said he believes members are
particularly cognizant of that exit but admitted that cars do often round the blind corner at a high
rate of speed.
Commissioner Corcoran asked if the improvements would be burdensome. Mr. Hill did not feel
they would be. Ms. Hayden noted the Commission's concern regarding view obstruction and
said additional signs could contribute to visual pollution.
Chair Kunzweiler closed the public hearing.
Commissioner Tollini commended the BTC for being a good neighbor and complying with all
conditions set forth by the use permit. She supported the Town Engineer's recommendations, as
they seem minor and could improve traffic flow and safety. She could support finding
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10. 2010 MINUTES NO. 993 PAGE 5
conformance of the use with its conditions and questioned whether continued annual review
would be necessary.
Commissioner Doyle concurred and said he would support the Town Engineer's
recommendations, regardless of club activities. He noted that landscaping has grown in on the
outer wall near the pool and is effective at decreasing noise pollution. He said the club seems to
be doing all the right things and with the right intentions.
Vice-Chair Frymier recalled that there was considerable public comment when the original
project came before the Design Review Board. She commended the BTC on creating a beautiful
facility that also improved the community as a whole, for abiding by the conditions of the use
permit, and for making a concerted effort to work with neighbors. She supported an annual
review of the use permit, noting that the facility is still new and other similar uses in town are
also subject to annual review. She also supported the Town Engineer's recommendations and
asked staff if it would be possible to incorporate one of the smaller stop signs, such as she has
seen elsewhere in Town. Mr. Anderson confirmed and explained that there is more flexibility in
terms of size and design of traffic signage when it is located on private property as opposed to a
public street.
Commissioner Corcoran echoed Vice-Chair Frymier's comments. He respected the judgment of
the Town Engineer and felt the recommended improvements were important despite any
potential view impacts. He also supported Vice-Chair Frymier's suggestion on smaller signage.
He said that while he was initially in favor of a longer review period, he now feels an annual
review would be fair and appropriate. He said the same has been imposed on many other clubs in
Town and noted that, following facility improvements like those performed here, club
membership and events typically increase and could lead to increased impacts. He stated support
for the use permit, with the additional traffic signs recommended by the Town Engineer.
Chair Kunzweiler stated that the Club looks wonderful and is an incredible improvement over
what previously existed there. He said there is Commission agreement on both the Club's
compliance with the conditions of the use permit as well as on the recommendations of the Town
Engineer. He said it is important to do so in a way that minimizes visual impact but that it is not
appropriate for the Commission to design traffic signs. He said there are a number of
organizations within Town whose use permits are subject to annual review and that there is some
question as to when to remove that obligation. He recommended that, given the Club's
compliance, that requirement be dropped and noted that the idea could be revisited if a need were
to arise.
Commissioner Corcoran said he believed that discussion of that issue would be more appropriate
in another year. He acknowledged that no significant issues have been identified but said the new
facility has only been open for nineteen months. He recommended that the Commission engage
in a larger discussion in terms of permit reviews for all affected uses within the Town.
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10. 2010 MINUTES NO. 993 PAGE 6
ACTION: It was M/S (Frymier/Tollini) to find the use is in substantial compliance with its
conditional use permit, direct staff to schedule another review in one year, and direct staff to
work with the applicant on implementing the traffic signage recommendations of the Town
Engineer. Motion carried: 5-0.
MINUTES:
2. PLANNING COMMISSION MINUTES - Regular Meeting of January 13, 2010
Vice-Chair Frymier requested the following correction to the minutes:
• Page 3, 2nd paragraph - "He explained that the vineyard is located at his home which is
zoned for only agricultural use, and so a tasting room would not be permitted there."
Commissioner Corcoran requested the following correction to the minutes:
• Page 7, last paragraph - "Commissioner Corcoran acknowledged Mr. Pursley's
comments, said he had similar concerns himself, and said it is important to look at these
facilities in a eenel sive, comprehensive way."
ACTION: It was M/S (Frymier/Corcoran) to approve the minutes of January 13, 2010, as
amended. Motion carried: 5-0.
ADJOURNMENT:
The Planning Commission adjourned the meeting at 8:24 p.m.
JOHN KUNZWEILER, CHAIRMAN
TIBURON PLANNING COMMISSION
ATTEST:
SCOTT ANDERSON, SECRETARY
TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 10, 2010 MINUTES NO. 993 PAGE 7
a.
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
ACTION MINUTES
Action Minutes - Regular Meeting
Tiburon Planning Commission
February 24, 2010 - 7:30 PM
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL
At 7:33 PM
Present: Chairman Kunzweiler, Vice Chairman Frymier, Commissioner Corcoran,
Commissioner Tollini
Absent: Commissioner Doyle
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. VICINITY OF 3825 PARADISE DRIVE: DETERMINATION AS TO WHETHER
RECIRCULATION IS REQUIRED FOR THE DRAFT ENVIRONMENTAL
IMPACT REPORT (DEIR) FOR THE PROPOSED ALTA ROBLES
RESIDENTIAL PROJECT; FILE #30701; Irving and Varda Rabin, et al, Owner and
Applicants; Assessor Parcel Numbers 039-021-13 and 039-301-01 [SA] Directed
EIR Consultant to Respond to Comments; No Recirculation Required 4-0
MTNT TTFR
2. PLANNING COMMISSION MINUTES -Regular Meeting of February 10, 2010
Approved as Amended
Tiburon Planning Commission February 24, 2010 Page 1
Action Minutes
ADJOURNMENT At 9:10 PM
Tiburon Planning Commission February 24, 2010 Page 2
Action Minutes
/04
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
ACTION MINUTES #4
TIBURON DESIGN REVIEW BOARD
CALL TO ORDER AND ROLL CALL 7:OOPM
Chairman Chong, Vice Chairman Tollini, Boardmembers Kricensky & Wilson
ORAL COMMUNICATIONS
OLD BUSINESS
s~-
1. 100 NED'S WAY: File No. T09-31; Hilarita-Tiburon Ecumenical Association, Owner;
Community Development Director's Referral of a Tree Permit application requesting the
removal of six (6) blue gum eucalyptus trees along the Tiburon Boulevard frontage of the
Hilarita Apartments APN 058-151-39 [SA] Approved 4-0
NEW BUSINESS
2. 280 LOMA AVENUE: File No. 709140; John & Kathleen Goodhart, Owner;
Additions with a Variance for Reduced Side Yard Setback and a Floor Area Exception;
The applicant proposes to construct a 500 sq. ft addition, and a 408 sq. ft. basement
addition to the existing single-family dwelling. A portion of the addition would encroach
6 feet 1 inch into the required 8 foot side yard setback. As the existing dwelling currently
exceeds the maximum gross floor area, a Floor Area Exception has been requested. APN
059-132-03 [LT] Continued to March 18, 2010
3. 949 TIBURON BOULEVARD: File No. 710008; 949 Tiburon Boulevard Development
LLC, Owner; Modifications to a previously approved single-family dwelling; The
applicant is proposing several modifications including but not limited to: rotating and
shifting the home, and modifying the exterior colors/materials from Mediterranean to a
California Craftsman architectural style. APN: 058-121-29 [LT] Approved 4-0
4. 2051 VISTAZO EAST STREET: File No. 709147; Lowell & Jacqueline Strauss,
Owner; Mark & Lynn Garay, Appellant; Appeal of Planning Division decision to
approve an application for construction of a six foot (6') high wood and wire deer fence.
APN 059-082-28 [LT] Withdrawn
MINUTES
4. Regular Meeting of February 4, 2010 Approved as amended 4-0
ADJOURNMENT 8:1 SPM
Design Review Board
March 4, 2010
Regular Meeting
Design Review Board
March 4, 2010
7:00 P.M.
Page 1
11•
NOTICE OF MEETING
CANCELLATION
THE REGULAR
PLANNING COMMISSION
MEETING SCHEDULED FOR
WEDNESDAY, MARCH 10,, 2010
HAS BEEN CANCELLED.
THE NEXT MEETING OF THE
PLANNING COMMISSION
WILL BE THE REGULARLY
SCHEDULED MEETING ON
WEDNESDAY, MARCH 22010
SCOTT ANDERSON, SECRETARY
/;L
NOTICE OF MEETING
CANCELLATION
THE
PARKS, OPEN SPACE AND TRAILS
COMMISSION
MEETING SCHEDULED FOR
TUESDAY, MARCH 16, 2010
HAS BEEN CANCELLED.
THE NEXT MEETING OF THE
PARKS, OPEN SPACE AND TRAILS
COMMISSION
WILL BE THE REGULARLY
SCHEDULED MEETING ON
TUESDAY, MAY 18, 2010
NICHOLAS NGUYEN, SECRETARY
RECEIVED
1400 K STREET
SACRAMENTO. CA 95814
PH: (916) 658-8200
Ex: (916) 658-8240
MAR _ 8 2010
NOFTIBUON rc.
TOWN MANAGERS CE
TOW
L LEAGUE
OF CALIFORNIA
CITIES
March 5, 2010 %V\Xr%V.CAC1T1ES.0Rc
INTERESTED IN SERVING ON THE
LEAGUE BOARD OF DIRECTORS?
The League of California Cities welcomes nominations from elected officials interested in serving in five
at-large positions (the at-large positions have two-year terms), or Second Vice President (one-year term).
All nominees for Second Vice President must have previously served on the Board of Directors.
The League Board of Directors consists of the League officers (President, First Vice President, Second
Vice President, and Immediate Past President), a representative from each of the League's sixteen
divisions, a representative from each of the League's eleven functional departments, the mayors or
designees of the mayors of the eight largest cities by population (listed as Large City appointments), and
ten At-Large positions, at least one of which shall be a small city representative (under 10,000
population). City officials serving on the National League of Cities Board of Directors also serve on the
League of California Cities Board of Directors for the duration of their term on the National League board
(two-year term). Travel expenses to attend League board meetings are reimbursed by the League.
The League Board of Directors typically meets on a quarterly basis at locations throughout the state.
Nominees are expected to make a commitment to attend all meetings. League officers also serve
automatically as members of the board of directors of the City/County/School (CCS) Partnership, which
meets a minimum of four times a year. Travel expenses to attend CCS Partnership board meeting are
reimbursed by the League.
After the deadline for applications has passed, the Nominating Committee' will review all applications
and informational materials and decide on 10 finalists for the five open at-large positions. The 10
finalists for at-large positions, as well as all candidates for 2nd Vice President will be asked to
interview with the nominating committee in person, the morning of Thursday, July IS, 2009 this year
at the Mission Inn, Riverside. The at-large finalists and 2nd Vice President applicants will be contacted
by mail/email with their interview time and interview location.
During the League's 2010 Annual Conference (September 15-17, 2009), the Board of Directors
Nominating Committee will recommend a slate of city officials for consideration by the Board of
Directors for election to serve on the 2010-2011 Board of Directors. Nominees will be contacted by mail
and email prior to the Annual Conference.
If you are interested in submitting your name for nomination to the League Board of Directors, please
provide the information requested on the attached Nomination Form, along with a bio and letter
requesting consideration, to the League's Sacramento headquarters on or before end of business on
Friday, May 14, 2010. Questions may be referred to League staff Mimi Sharpe at (916) 658-8232 or
sharpem e,cacities.org.
' Dennis Downs (Chair), fire chief, Pasadena; Katherine Miller, vice mayor, Stockton; Sedalia Sanders, council
member, El Centro; Stephany Aguilar, council member, Scotts Valley; Alice Fredericks, mayor, Tiburon; Richard
Dixon, council member, Lake Forest; Art Madrid, mayor, La Mesa; Jose Cisneros, treasurer, San Francisco; and
vacancy-to be appointed..
~E 1
a 1400 K Street, Suite 400 a Sacramento, California 95814
LEAGUE Phone: 916.658.8200 Fax: 916.658.8240
OF CAL.I FORK IA www.cacities.org
i CITIES
League of California Cities 2010-2011 Board of Directors
NOMINATION FORM
AT-LARGE DIRECTOR - 5 Open Positions Each Year
This form must be submitted by the Nominee. Attach additional pages as needed. Letters of endorsement may be sent as well
but they must be sent along with all supporting materials by the deadline date!
Required Information About the Nominee: (please make sure to provide an email address!)
Name
City Hall Address
Cell phone no.
Email Address
Date Current Term Expires Does City Impose Term Limits? Yes No
If eligible, Nominee's next election date
Nominee's Former Elected or Appointed Positions:
YOUR PREVIOUS STATE LEAGUE/NLC INVOLVEMENT/PARTICIPATION
(Please list current/previous positions and dates of service)
WILL YOU COMMIT THE NECESSARY TIME AND ENERGY TO THE POSITION?
(Includes 5 board meetings four two-day mtgs and a meeting at Annual Conference, in addition to
possible board conference calls AND a willingness to serve on the board nominating and other
committees)
Yes, without qualification
Comments:
Title
Years in office
Unsure
No
See next page
LIST YOUR DONATIONS TO AND FUNDS RAISED FOR CITIPAC SINCE 2006.
WHY SHOULD YOU BE CHOSEN FOR AN AT-LARGE DIRECTOR (USE EXTRA PAGES IF
NECESSARY)?
PLEASE RETURN NOMINATION FORM
(With resume or bio, if available)
BEFORE END OF BUSINESS ON FRIDA Y. MA Y 14, 2010 to:
League of California Cities
Attn: Mimi Sharpe
1400 K Street, Suite 400
Sacramento, CA 95814
sharpem@cacities.org
FAX (916) 658-8240
2
I
LEAGUE 1400 K Street, Suite 400 9 Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
OF C:ALI FORN IA www.cacities.org
CITIES
League of California Cities 2010-2011 Board of Directors
NOMINATION FORM
OFFICE OF SECOND VICE PRESIDENT
This form must be submitted by the Nomineel. Attach additional sheets as needed. Letters of endorsement may be sent as well
but they must be sent along with all supporting materials by the deadline date!
Required Information About the Nominee: (Please provide an Email address!)
Name
City Hall Address
Cell phone no.
Date Current Term Expires
If eligible, Nominee's next election date
Nominee's Former Elected or Appointed Positions:
YOUR PREVIOUS STATE LEAGUE/NLC INVOLVEMENT/PARTICIPATION
(Please list current/previous positions and dates of service)
WILL YOU COMMIT THE NECESSARY TIME AND ENERGY TO THE POSITION?
(Includes 5 board meetings, weekly Exec. Comm. conference calls, 4 CCS Partnership board meetings
and other meetings consistent with their office-up to 10 additional out-of-town meetings each year)
Yes, without qualification
Comments:
Years in office
Title
Email Address
Does City Impose Term Limits? Yes No
Unsure
Sae next page
No
LIST YOUR DONATIONS TO AND FUNDS RAISED FOR CITIPAC SINCE 2006.
WHY SHOULD YOU BE CHOSEN FOR SECOND VICE PRESIDENT (USE EXTRA PAGES IF
NECESSARY)?
PLEASE RETURN NOMINATION FORM
(With resume or bio, if available)
BEFORE END OF BUSINESS ON FRIDAY, MAY 14, 2010 to:
League of California Cities
Attn: Mimi Sharpe
1400 K Street, Suite 400
Sacramento, CA 95814
sharpem@cacities.org
FAX (916) 658-8240
2