HomeMy WebLinkAboutTC Min 2001-05-02
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thompson called the regular meeting of the Tiburon Town. Council to order at ::46 p.m.
on Wednesday, May 2,2001, in Town Council Chambers, 1505 Tlburon Boulevard, Tlburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
Bach, Gram, Matthews, Slavitz, Mayor Thompson
PRESENT: EX OFFICIO:
Town Manager McIntyre, Planning Director
Anderson, Senior Planner Watrous, Town Clerk
Crane Iacopi
REPORT FROM CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR
(Section 54957.6)
Bargaining Unit - Tiburon Police Association
Negotiator - Town Manager
_, Mayor Thompson said Council had consulted with its labor negotiator but no action had been
taken.
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ORAL COMMUNICATIONS
None.
APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
(1) Belvedere-Tiburon Library Agency Board of Directors
(a) Appointment to fin One Tiburon Vacancy
MOTION:
To appoint Victoria Fong to the Library Agency Board to fin the unexpired term
of Board member Forrel and to a fun, three-year term commencing July 1,2001.
Matthews, seconded by Bach
AYES: Unanimous
Moved:
Vote:
(b) Ratify Appointment of Reed Union School District Representative
MOTION:
Moved:
Vote:
To ratify the appointment of Bonnie Ross (term expiration June 2002)
Slavitz, seconded by Gram
AYES: Unanimous
Town Council Minutes #13-2001
May 2, 2001
Page 1
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(2) Heritage & Arts Commission
(a) Appointment to fill One Tiburon Vacancy
MOTION:
Moved:
Vote:
To appoint David Gotz to fi1l one (of two) vacancies
Bach, Seconded by Slavitz
AYES: Unanimous
CONSENT CALENDAR
(3) Approval of Town Council Minutes - April 4, 2001 (continuedfrom April 18, 2001)
Councilmember Slavitz asked for the fo1lowing language to be added to page 9 of the April 4
minutes: "Counci\rnember Slavitz commented that the Committee might have plans to take over
'new' medians, and Council should be aware of the future obligations this creates. "
(4) Approval of Town Council Minutes - April 11, 2001 (continuedfrom April 18, 2001)
Council discussed certain details in the minutes.
On Page 2, last paragraph, Vice Mayor Matthews said he did not recall a discussion of the
replacement of the existing fichus trees in Area #3. He said he thought the decision had been
deferred until the final budget for the project was determined. He said any reference to tree
removal should be deleted from the minutes.
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Counci\rnember Bach concurred that the budget was for the plaza area and there was no need to
spend any more on the fountain plaza (Area 3).
Councilmember Slavitz said he recalled that the decision had been made to eliminate the design
plans for Area 4 (across the street from the fountain plaza) rather than Area 3.
Mayor Thompson said the recommendation from Staff was not to cut out any of the design work
at this point in order to have an option to review it later.
Town Manager McIntyre concurred that Staff had hoped to keep in the design for Area 3 as a bid
alternate if funds became available, and that no final decision had been made one way or the other
concerning acceptance of those plans, at the meeting.
Councilmember Gram said he would vote against removal and replacement of the existing trees
when the matter came before the Council.
(5) Bay Trail Grant Application - Request for Funding for Bicycle & Pedestrian
Improvements on Trestle Glen Boulevard and Paradise Drive
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(a) Adoption of a Resolution of the Town Council of the Town ofTiburon
Assuring Compliance with all Conditions and Requirements of the California
Town Council Minutes #13-2001
May 2, 2001
Page 2
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State Coastal Conservancy Associated with the Allocation of Bay Trail
Grant Funds for Tiburo,n's Paradise Driveffrestle Glen Boulevard
Bicycle and Pedestrian Improvement Study
(6) Notice of Completion - Spring 2000 Street Rehabilitation Program
(a) Adoption ofa Resolution ofthe Town Council of the Town of Tiburon
Accepting Town ofTiburon Street Rehabilitation Project No. 6940-E-9907/10
Councilmember Gram asked if acceptance of the work precluded the any further work to be
performed on Jefferson. Town Manager McIntyre answered negatively.
MOTION:
Moved:
Vote:
To approve Consent Calendar Items 3 through 6, as amended.
Matthews, Seconded by Slavtiz
AYES: Unanimous
ABSTAIN: Bach (April 4, 2001 Minutes)
ABSTAIN: Gram (April 4 & 11,2001 Minutes)
PUBLIC HEARING
(7) Appeal Design Review Board Denial of a Request for Site Plan and Architectural Review
for construction of additions to an existing single-family dwelling, with a Floor Area
-. Exception, 2090 Centro East, AP No. 59-133-02 - (Larry & Lacy Lang,
Applicants! Appellants)
Senior Planner Watrous gave the Staff report. He said the Design Review Board had denied a
Site Plan and Architectural Review Application for the conversion of unfinished lower floor area
into habitable space, which would have required a floor area exception of 596 additional square
feet, at 2090 Centro East Street at its March 15, 2001 meeting.
Watrous said the Board was split 2-2 in its decision, which resulted in a failure of the
application. Mr. Watrous said the owner, Ms. Lang, then appealed the decision on the
following grounds:
1. Board member Beales, the only member on the DRB at the time the existing house was
approved, was not present at the meeting;
2. The two members (Smith and Figour) voting against the application had not visited the
residence; and
3. There being no exterior modifications requested, the surrounding neighbors supported the
application.
Senior Planner Watrous noted that floor area exceptions were of growing concern to the
community, especially where significant crawl spaces which had not been approved were filled in
later. He said that Staff did not believe the Board would have approved the proposed use of said
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Town Council Minutes #13-2001
May 2, 2001
Page 3
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space at the time of the original application. He s:"d th7 Board felt the reque~t ~or an exception to
the FAR would be inconsistent with the surroundmg neighborhood, as the eXlstmg house had
been designed to use the maximum floor area aIlowed for this property (Tiburon Zoning
Ordinance, Floor Area Ratio Guidelines), and was inconsistent with the general development
pattern of the surrounding Old Tiburon neighborhood.
Vice Mayor Matthews asked whether the FAR guidelines were a mechanism for the Town to limit
or control overdevelopment of building sites. Senior Planner Watrous answered affirmatively,
stating that it was (a) a way to control compatible sizes of homes in neighborhoods, and (b) to
control the mass and bulk of a project.
Councilmember Slavitz asked whether the FAR was only based on developed floor space. Mr.
Watrous said it did not apply to areas with underheight ceilings or undeveloped floors. Slavitz
further queried how this much undeveloped floor space could occur, and whether it was a
function oflot steepness of [design review] oversight.
Mr. Watrous replied that in this instance the house was designed as such to be sited to avoid view
blockage of other neighbors. However, Watrous said that former Board member Snow had stated
in the minutes that limits should be placed on the development of that [crawl] space in the future.
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Mayor Thompson said that Snow's suggestion had neither been debated nor any deed restriction
had been made as part of the approval. Councilmember Gram asked if there ever had been any
such condition placed on an application. Mr. Watrous said he was not aware of any, but stated
that the Board did not want to "hamstring" future Boards if community standards changed.
Counci1rnember Gram concluded that there was no significance to the lack of such a condition.
Councilmember Slavitz asked whether some kind of restriction could be placed by Staff to ensure
that there was no future development [in such spaces]. Mr. Watrous said that notations could be
made during the plan check process, but that a new owner might presume it as developable space.
Counci1rnember Bach asked if there were a lot of applications to develop these kinds of spaces.
Watrous said it was not uncommon but what was unusual was to receive an application from such
a recently developed home, where the potential for such development was discussed by the
Design Review Board.
Mayor Thompson opened the public hearing.
Lacy Lang, 2090 Centro East, said she would explain why they wanted to develop the space and
what they wanted to do with it. She said her husband would address the siting of the house, as
well.
Mrs, Lang said they would not have objected to any deed restriction at the time of the 1997
__ approval, but that it wasn't their house at the time [they were the developers]. She said that she
Town Council Minutes #/3-2001
May 2. 200/
Page 4
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__ and her husband built custom homes in Tiburon and worked out of their home. With two teenage
daughters, Mrs. Lang said they could use the extra space for a piano and a treadmill.
Mrs. Lang said they had never asked for a floor area exception in any of the seven downslope
homes they had developed, and that if they were circumventing Town rules, people would know
it.
Mrs. Lang said that Staff's list of other homes in the neighborhood showed only the smaller
homes with which to compare floor areas, but she produced a list showing homes in her size
range (3,000-4,000 square feet). For instance, the home below hers she claimed was 5,136
square feet) and contained eight "big bubble" skylights, and the house next door was 3,093 square
feet. She concluded that her application would not be out of character with the neighborhood.
Mrs. Lang also objected to Staff's characterization of the size increase of "unparalleled margin"
and spent many hours at Town Hall researching the issue. She claimed that since 1992, when the
FAR guidelines came into being, there were 70 FAR exceptions granted, no denials, and two
withdrawals of applications. One example cited by Mrs. Lang was 2234 Mar East, a 20.7%
increase in FAR granted in January 2001 (her request was for 22%). She said this was a remodel
project and further noted that her request included no exterior modifications.
Another example Ms. Lang cited was a remodel of 211 0 Mar West, with an FAR exception of
1,056 square feet, approved in 1997, with lot coverage variances for setbacks.
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Other examples were 1880 Vistazo West (713 square foot FAR, approved 8/3/00) and 1756
Centro West (already over FAR with an addition of 600 square feet of interior space), and 1818
Lagoon View (380 square foot exception at time of new construction, which represented a
modification to the existing plans).
Mrs. Lang had other examples, including a tear-down/remodel on Linda Vista, 1433 square feet
over FAR (July 20, 2000), for a total of 4,500 square feet plus garage which was deemed
"compatible with other houses in Old Tiburon...".
Finally, Mrs. Lang said her neighbors had requested and gotten an additional 120 square feet
which put their project within 30 feet of her home.
Mrs. Lang asked that Council not make her application the first floor area exception denial.
Larry Lang, 2090 Centro East, said their 1997 plans were approved 3-1 with Board member
Snow in favor of the application. Lang said that Snow's discussion of the underfloor space was a
reaction to neighbor Gus Strotz' fear of a second unit being added later on.
Councilmember Gram asked if the area was zoned for two (multi-family) units and was told it was
not.
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Town Council Minutes # 13-2001
May 2, 2001
Page 5
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Mr. Lang said he looked at all aspects of a site when developing a property, which resulted in.the
location ofthe current home at 2090 Centro East. He said the Tiburon ~ire Departmen~ requrred
a 20% slope but gave him a 21% exception for his driveway. He said this an~ othe~ deSign
requirements of the home resulted in the amount ofunderlloor space under diSCUSSion.
Land reiterated the fact that the application caused no change in the footprint or mass o~the.
home and was not visible from the street. He said it was compatible with other home sizes In the
neighborhood, and also noted that neighbor Strotz now supported the project. He also told
Council that he would be in favor ofa deed restriction, ifnecessary.
Councilmember Slavitz asked Staff if the statistics quoted by Mrs. Lang were correct. Senior
Planner Watrous replied that the exceptions quoted had been made but that a number of exception
requests had also been withdrawn, or modified during Design Review to comply with the FAR.
Helen Lindqvist, Lyford's Cove/Old Tiburon Homeowners' Association representative, said the
group was concerned because of the history of the lot. She said it was originally listed as one
parcel but the developer succeeded in getting a "lot split" to build two homes.
Councilmember Gram asked about the previous home and was told by Planning Director
Anderson that it [the lot] contained a small cottage. Mrs. Lang said it was "run down with open
sewers."
'"' Mrs. Lindqvist said the Homeowners' Association wanted Council to "stick to the rules"
regarding floor area exceptions.
Mayor Thompson closed the public hearing.
Councilmember Slavitz said he knew the Langs from his time on the Design Review Board and
said he had the utmost respect for their work. However, he said that floor area exceptions were a
"hot topic" and he recalled it being impossible to exceed the FAR requirements with new home
applications while he served on the Board.
Slavitz said the application to develop the large amount ofunderlloor space defeated the purpose
of the FAR guidelines, and even if it were approved through a "loophole," it would set a bad
precedent for other new home appliCations. He said he relied in part on Staff's assertion that the
development of the space would never have been approved in the original plans, and further noted
that the current home was not even one foot under the maximum FAR for the lot.
Mayor Thompson said he thought the "damage had already been done" by the DRB approval of
the plans without taking into account and addressing the possibility of developing the underfloor
space.
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Councilmember Slavitz agreed that it was difficult to deny an application when the space was
already there, and cited other examples of approvals in Cypress Hollow and on Round Hill Road.
Town Council Minutes #13-2001
May 2, 2001
Page 6
__ However, he reiterated that the house was already at the maximum FAR.
Counci1rnember Gram asked Staff for the FAR calculations for the lot. He noted that the space
would have no immediate effect on the neighborhood, and pondered the question of how to
properly address such an application.
Gram said the Applicants contended that adherence to FAR requirements was an exception in
Tiburon, but he countered that the two homes on the lot were "imposing" in size and were already
at maximum FAR. He said he concurred with Counci1rnember Slavitz' argument against
approval, particularly since the issue of the underfloor space had been discussed at the DRB level.
Mayor Thompson concurred that while it was "healthy" to discuss the FAR issue, he said that the
Design Review Board "blew it" when they allowed that amount ofundert1oor space to be
enclosed. He said the issue should have been handled at the DRB level.
Vice Mayor Matthews said he had visited the site and noted that some of the neighbors had not
yet developed (or remodeled) on their lots. He agreed that the Langs did outstanding work, but
questioned whether a floor area exception should be made for a home on such a small lot. He
said when people developed properties "the maximum becomes the minimum," and that by
approving the current application, it would put it 20% over the maximum FAR.
Matthews said he regretted not being able to accommodate the Lang's request, but noted that the
-. lots in Old Tiburon were troublesome and that Council needed to be "more vigilant" as a result.
Counci1rnember Bach said he was wrestling with the question of approval based on the merits of
the project. He said the Council had granted [undert1oor] floor area exceptions in Cypress
Hollow for a relatively new house and on Stewart Drive for an older house. He said he could not
see any adverse impact on the neighborhood and would reluctantly vote to approve the project.
Mayor Thompson said he had always favored the efficient use of crawl spaces, especially if there
was no impact on the neighbors. He said he found it "staggering" that floor area exceptions had
never been denied, as contended by Ms. Lang, but noted that they were not variances. However,
Thompson said the DRB needed to realize the consequence of its actions in this instance, and
questioned whether the Langs should "pay for this" after the fact.
Councilmember Bach said he did not agree that the Design Review Board had "erred."
Councilmember Gram said the purpose of the FAR guidelines was also to control the intensity of
the use in a project.
MOTION:
Moved:
Vote:
To deny the appeal and direct Staff to return with a resolution of findings.
Slavitz, Seconded by Matthews
AYES: Gram, Matthews, Slavitz
NOES: Bach, Thompson
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Town Council Minutes #13-2001
May 2, 2001
Page 7
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Mrs. Lang said she would proceed with putting in a 7'5" ceiling in the space and use it for
storage, which could be approved by the Building Official without design review.
REGULAR AGENDA
(8) Review ofLAFCO Dual Annexation Policy
Planning Director Anderson said the LAFCO policy was last modified in 1983, and that Staff
generally supported the current changes now on the table. However, he said there was some
room for discussion and that the letter sent by the Executive Director, Peter Banning, deserved a
response.
On Staff's recommendation, Council appointed an ad hoc committee, consisting of Mayor
Thompson, Councilmember Bach, Planning Commission Chair Stein, Town Manager McIntyre
and Planning Director Anderson to study proposed changes.
Anderson also said the committee should tackle the issue of "the sleeping giant," Paradise Drive.
Vice Mayor Matthews agreed that the Town was creating a "Catch 22" by wanting to manage
development in the Paradise Drive area. Councilmember Gram said the Town was simply saying
the area was within its "sphere of influence" rather than stating a desire to annex.
_ Planning Director Anderson said the Town policy is to encourage all the large, undeveloped
properties in the Paradise Drive area to annex into the Town.
Mayor Thompson said that Tiburon's current "sphere of influence" also extended all the way out
to Highway 101 and asked for LAFCO's recommendation for that area. Planning Director
Anderson said LAFCO was looking at taking the Strawberry area out of the sphere, and said the
County had a specific plan (the Strawberry Community Plan) for that area which had greatly
limited the Town's influence over development in the Strawberry area.
Mayor Thompson said he thought it was important that the Town continue to have the ability to
comment on development in the Strawberry area, as well as Paradise Drive, as no one knew what
would happen in the years ahead.
During public hearing, Randy Greenberg, Norman Way, had the following comments:
1) She supported the formation of a committee to study the Dual Annexation Policy;
2) Strawberry should be a city ofits own and not part ofTiburon; and
3) She hoped that the maintenance costs of Paradise Drive would not be the Council's primary
factor in reviewing the dual annexation policy, because people in that area did want a bigger
voice in Town politics, and she for one wanted to see an orderly annexation of the area;
Planning Director Anderson said he would send a letter to LAFCO immediately requesting more
time for the Town to prepare a response (June 2001).
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Town Council Minutes #13-2001
May 2. 2001
Page 8
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WRITTEN COMMUNICATIONS
Town Council Weekly Digest - April 20, 2001
Item Nos. 1, 4 &5, 14 and 15 noted. #14 Holiday Banner purchase approved.
Town Council Weekly Digest - April 27, 2001
ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor
Thompson adjourned the meeting at 9:34 p.m., sine die.
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ANDREW THOMPSON, YOR
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DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #13-2001
May 2, 2001
Page 9