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HomeMy WebLinkAboutTC Min 1999-05-19 " ,-...., TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:32 p.m. on Wednesday, May 19, 1999, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Thompson Matthews PRESENT: EX OFFICIO: Town Manager Kleinert, Planning Director Anderson, Senior Planner Watrous, Superintendent of Public Works Iacopi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Bach said no closed session was held. C. PUBLIC OUESTIONS AND COMMENTS None. __ D. COUNCIL. COMMISSION & COMMITTEE REPORTS 1) PRESENTATION OF HERITAGE & ARTS COMMISSION ANNUAL PRESERVATION AWARD - (Landmarks Society, 1999 Recipient) - (Susan Travis, Chair) Chair Susan Travis, on behalf of the Heritage & Arts Commission, presented the award to Nancy von Ravensway, President of the Belvedere-Tiburon Landmarks Society. Travis said that previous winners of the award were Ed Zelinsky for his work to preserve downtown Main Street, Dr. David Steinhardt for his preservation of the Lyford House and surrounding Audubon wildlife refuge areas, and the Angel Island Association for its work of historical interest. Ms. von Ravensway acknowledged the Board and volunteers of the Landmarks Society, and noted that they were celebrating their 40th year. She pointed out the group's most notable community landmarks: St. Hilary's Church and Open Space preserve, the China Cabin, the Railroad Museum, and the Art and Garden Center on Tiburon Boulevard, currently under construction. 2) JT. RECREATION COMMITTEE ANNUAL REPORT - (Vice Chair RiessenlDirector Creamer) Director Barbara Creamer reported that the Committee had provided 1300 classes to adults throughout the course of the year and four summer day camps for children of the Tiburon Peninsula. ,..-.. Town Council Minutes # 1164 May 19,1999 Page I --_._----~---------_.- ~_._~--_._----_. . ^ In addition, Creamer said, the Committee had participated in the Reed Union School District strategic planning process with the goal in mind of developing future programs to be consistent with the School District's long-range plans. She also noted that the Committee's revenue had increased by 37%, but in order to meet the demands for after-school activities, the issue for more indoor space needed to be addressed. Vice Chair Riessen said the Committee was well run by Staff. He concurred that they had entered a period oflarge growth and that it would make sense to work with the School District to achieve a more efficient use of their facilities for the academy (after-school) programs. E. CONSENT CALENDAR 3) TOWN COUNCIL MINUTES - #1162 - (April 21, 1999) - (Approve) 4) SHORELINE PARK LIGHTS - Installation & Replacement of Fixtures - (Approve) 5) PT. TffiURON COMMUNITY FACILITIES DISTRICT 1985-1 SPECIAL TAX LEVY - Fiscal Year 1999/2000 - (Adopt Resolution) 6) 1972 OPEN SPACE GENERAL OBLIGATION BONDS - Override Tax Rate for Fiscal Year 1999-2000 - (Adopt Resolution) 7) GANN LIMIT (Article XIII B Appropriation Limit) - Fiscal Year 1999/2000 - (Adopt Resolution) )-.. MOTION: Moved: Vote: To approve Consent Calendar Items 3 - 7 Above Thompson, Seconded by Gram AYES: Unanimous ABSENT: Matthews F. PUBLIC HEARING 8) APPEAL PLANNING COMMISSION DENIAL - (Rezoning, Lot Line Adjustment, and Amendments to Tiburon Highlands Master Plan & Precise Plan) - AP Nos. 34-360-11, 38- 182-30 & 38-322-11 - (Fred Grange, Applicant & Appellant) Senior Planner Watrous reported that the appeal had been continued from March 3, 1999 in an attempt to mediate the issues among the neighbors, but no satisfactory solution had been reached. He said that among the solutions explored was the idea of selling portions of the former railroad parcels to the adjoining neighbors. Watrous said that Town Staff favored the applicant's current proposal for a two-home development on Lot 15 because it would be poor site planning to build on the two railroad parcels. However, Watrous stated that it was highly probable that the applicant, Mr. Grange could gain development rights to these two parcels. ,..-.. Watrous said that Staff also recommended that conditions be placed on the development of Lot 15: a) that an open space conservation easement be created on the adjoining railroad parcels; that b) building be prohibited outside approved the building envelope; and c) that the size of the homes be limited to a 5,000 square feet house with a 600 square foot garage. Town Council Minutes # 1164 May 19, 1999 Page 2 ^ In response to a question from Vice Mayor Gram, Watrous said that adjoining Highlands homes in the area were 5,010 square feet (18 Warren's Way) and 5,003 square feet (10 Warren's Way [Lot 14 ]). In response to a question from Councilmember Hennessy, Watrous noted that the houses could be larger (approximately 8,000 square feet) per the Town's FAR requirements if the total acreage was calculated on Lot 15 A & B. Watrous noted that should the railroad lots be developed separately, the current zoning restrictions did not offer much protection regarding house size, and that it would be up to the Design Review Board to ensure that the houses would be appropriate to the neighborhood. Vice Mayor Gram asked Staff is they thought the railroad lots were legal [buildable] lots. Planning Director Anderson replied that the lots had been recognized by a certificate of compliance (with conditions) and had to be considered as legal building sites as long as there was legal access to them. Mayor Bach opened the public hearing. Mr. Tom Newton, Planning Consultant, spoke on behalf of the applicant/appellant. He said that Staff had done a thorough job. He summarized his client's position: That he [Fred Grange] owned three lots at the end of Warren's Way, but he had subsequently sought a lot line adjustment I""" for two lots to be more consistent with the neighborhood and because he agreed with Staff that it would be a better development solution. However, Newton said his client did not agree with the proposed condition of limiting the size of the houses. He said Mr. Grange wanted to be able to develop one 6,000 square foot house and one 8,000 square foot house, and suggested letting the Design Review Board review and evaluate the buildings on their merits. Mr. Newton also said that the proposed driveway to Lot 15B was in excess of 18% grade. He suggested that language be added to the mitigation monitoring plan regarding this grade to state, " . . .or anything as may be approved by the Fire District." He told Vice Mayor Gram that the grade would approximate 22%. Planning Director Anderson said the Town's ordinances had allowed up to 25% grade, and suggested language that would allow approval by Fire District, "up to 25%." Mayor Bach opened the hearing to public comments. _. Peggy Hill, 358 Karen Way, said the Highlands development should be considered separately from the railroad lots. She questioned how one man [Mr. Grange] could come in and change the whole subdivision's Master Plan. She stated that it was terrible poor precedent if Council allowed this to happen. She questioned why Mr. Grange could not just sell the railroad lots to the adjoining neighbors and develop one lot like he had originally planned. Town CauncilMinutes #1164 May 19,1999 Page 3 r Christopher Wand, owner of the lot adjacent to No. 15, said that Grange was going to sell the lots and not develop them. He said Council would be in "collusion" with Grange if they accepted the proposed compromise. Tom Bomar, 71 Reed Ranch Road, said that as a real estate lawyer he had concluded that Mr. Grange could not legally build on the railroad lots. He said the Staff report's conclusion of a "probability" of developing those lots was being traded for the extra house on Lot 15. Bomar said that Grange "knows he can't build on the railroad lots," and challenged his right of ownership. Bomar said the lots were bought in a tax sale and there was no clear title. He said that Civil Code section 1211 stated that unless it was proven that the parcels could not be used as a railroad right-of-way, the [railroad] easements would revert to the abutting landowners. Forden Athem, neighbor, said he would like to keep the railroad lots as open space and felt that building two houses was a less offensive plan. He also said that Mr. Grange was promised that if he reduced the number of houses from three to two, he would win [Town] approval for the project. During rebuttal, Mr. Newton said his client did have title to the property and title insurance. ,..-. In Town Attorney Danforth's absence, Planning Director Anderson responded to Vice Mayor Gram's query that both Danforth and previous Town Attorney Ewing had reviewed the question of reversionary rights. Gram also asked if title insurance would specifically grant an exception to the provisions of Civil Code section 1211. Anderson noted that the lots had been deeded by the railroad to Tom Deffenbach in the 1970's, a number of years prior to being sold off in tax sales. Mr. Bomar commented that title reports only spoke to matters of record and did not address issues that were not of record. Mr. Newton said that his client already had financing for the project, in response to a remark by Mr. Bomar questioning his client's ability to get financing. Newton also noted that other railroad lots had been built upon in the same area. Planning Director Anderson concurred, citing a lot adjacent to Blackfield Drive. Mayor Bach closed the public hearing. Councilmember Thompson said that many hours were spent in a cooperative process on the Highlands Master Plan and said that it would be a fundamental betrayal of those people and property owners who had worked on the Plan to grant the appeal. -. Town Council Minutes # 1164 May 19, 1999 Page 4 r Thompson said he was tired of seeing massive houses being "shoehorned onto postage stamp size lots." He also said he questioned whether the lots were legal lots. Mayor Bach said he had spent a lot of time trying to mediate the problern, but said that as a practical matter two houses seemed better than three and that he would concur with Staff's recommendations. Bach said that houses built on the railroad lots would have a greater impact on the neighbors, but said he thought there was no doubt that they could legally be built upon. Councilmember Hennessy said she also agreed with Staff's recommendations, but said the Town should ask for additional open space dedication on the non-buildable portion of Lot 15. Hennessy said the Council was elected to serve "everyone," not just people who lived in the Highlands. She said if Council denied the appeal, Mr. Grange would sue the Town. Councilmember Thompson disagreed with this argument. He said that by denying the appeal, Council would simply be stating that the approved plan would be upheld and there would be no lot split. Vice Mayor Gram said he could not consider changing the approved plan unless he knew what the Town was getting in return. He said if the railroad lots were legal lots, the Town would benefit from the dedication of the easement. However, if they were not legal, the Town would not be gaining anything and the appeal should be denied. However, Gram noted that he would not approve the request for a 6,000 or 8,000 square foot home. r-- Gram said he would also like to hear from the Town Attorney regarding the issues raised by Mr. Bomar, and proposed a continuance of the hearing. Mr. Grange said that the fair thing to do would be for Council to approve the application and let Staff and the City Attorney decide the other issues. He noted that other people had successfully built on railroad parcels. Mike Bowman, 7 Burrell Court, asked why Council disagreed with the Planning Commission's denial. Mayor Bach said they were not in a position to discuss it because the public hearing was closed. MOTION: To Grant the Appeal with the conditions outlined by Staff, subject to final approval by the Town Attorney (by the applicant providing proof of ownership and any other evidence required) Hennessy, Seconded by Bach AYES: Hennessy, Bach NOES: Gram, Thompson ABSENT: Matthews Moved: Vote: Motion tied. MOTION: To continue the hearing until June 16, 1999. [Appellant agreed.] r-- Town Caunci/ Minutes #1164 May 19, 1999 Page 5 r Moved: Vote: Thompson, Seconded by Gram AYES: Bach, Gram, Thompson NOES: Hennessy ABSENT: Matthews G. None. NEW BUSINESS H. None. UNFINISHED BUSINESS L 9) COMMUNICATIONS MMWD FIREFLOW PIPELINE REPLACEMENT PROJECT - (Letter to Greenwood Beach Road Water District Consumers, dated May, 1999) Communication noted. 10) mGHW A Y 101/131 SOUTHBOUND OFF-RAMP - (Marin County Congestion Management Agency Letter to CALlTRANS, dated April 26, 1999) Communication noted. ,.... 11) SF AIRPORT EXPANSION - (Letter from William Sweet, President ofMt. Tiburon Property Owners' Association, to Town Manager, dated April 12, 1999) Vice Mayor Gram said the concerns about airplane noise and the airport expansion were regional issues and should be addressed in the appropriate forum. Council directed Town Manager Kleinert to bring the matter to the attention of the Marin County Council of Mayors' and Councilmembers. Kleinert said he would also discuss the issue with the Marin City Managers at their next meeting. J. STAFF & TOWN MANAGER REPORTS None. L. ADJOURNMENT There being no further business before the Town Council of the To adjourned the meeting at 9: 12 p.m., sine die. ,....... ATTEm1e . DIANE L. CRANE, TOWN CLERK Town Council Minutes # 1164 May 19,1999 Page 6